Can a driver who operates a vehicle using a fake license be held criminally liable?

Can you tell me how drivers who use fake driver's licenses are punished? Are they subject to criminal liability? This question comes from Ms. Tham in Ca Mau. What is a fake driver's license? According to Article 29 of Circular 12/2017/TT-BGTVT, the regulations are as follows:

1. The Directorate for Roads of Vietnam is responsible for managing the examination and issuance of driver's licenses nationwide; the Department of Vehicle Management and Driver is the advisory organization that assists the Director-General of the Directorate in carrying out the functions and tasks of managing the examination and issuance of driver's licenses (referred to as the examination management agency).

2. The Department of Transport is responsible for managing the examination and issuance of driver's licenses within the province, centrally-run cities; the assigned Division is the advisory organization that assists the Director of the Department in carrying out the functions and tasks of managing the examination and issuance of driver's licenses (referred to as the examination management agency).

Therefore, according to the above regulations, driver's licenses not issued by the Directorate for Roads of Vietnam, the examination management agency, or the Department of Transport are considered fake driver's licenses.

How are drivers who use fake driver's licenses punished?

According to Article 21 of Decree 100/2019/ND-CP (amended by Clause 11 of Article 2 of Decree 123/2021/ND-CP), the regulations are as follows: Penalize violations of the conditions for drivers of motor vehicles...

9. Impose fines ranging from 10,000,000 VND to 12,000,000 VND on drivers of automobiles, tractors, and similar vehicles who violate one of the following acts:

a) Having a driver's license that is not suitable for the type of vehicle being driven or having a driver's license that has expired for more than 03 months;

b) Not having a driver's license or using a driver's license not issued by an authorized agency or using a revoked driver's license.

10. In addition to being fined, drivers who commit violations are also subject to the following additional penalties:

a) Committing acts specified in point a, point c of Clause 5; point b, point d of Clause 7; point c of Clause 8; point b of Clause 9 will also be subject to the additional penalty of confiscation of driver's licenses not issued by an authorized agency, revoked driver's licenses, invalid driver's licenses;

b) Committing acts specified in point c of Clause 5, point d of Clause 7, point c of Clause 8 will have their right to use the latest driver's license issued in the driver's license management information system revoked for a period of 01 to 03 months.

According to the regulations, drivers who use fake driver's licenses are fined from 10,000,000 VND to 12,000,000 VND and their fake driver's licenses are confiscated.

Furthermore, according to point b, Article 19, Circular 38/2019/TT-BGTVT, drivers who use fake driver's licenses will not be issued a driver's license for a period of 05 years from the date of detection of the violation, specifically:

Amending and supplementing certain articles of Circular 12/2017/TT-BGTVT dated April 15, 2017, by the Minister of Transport on the training, examination, and issuance of motor vehicle driver's licenses...
...
19. Clause 13, Clause 14 of Article 33 are amended as follows:
a) Clause 13 of Article 33 is amended as follows:
"13. A valid driver's license is a driver's license issued by an authorized agency, with a serial number, date of issue, and expiration date printed on the driver's license matching the serial number, date of issue, and expiration date in the driver's license management information system."
b) Clause 14 of Article 33 is amended as follows:
"14. Anyone who alters or falsifies information on a driver's license; uses a fake driver's license or driving record; uses a reported lost driver's license to operate a motor vehicle; engages in other fraudulent acts to obtain a changed, reissued, or new driver's license shall have their driver's license invalidated. In addition to the decision to revoke the driver's license and update the management data in the driver's license system made by the driver's license management agency, they shall also be held legally responsible and shall not be issued a driver's license for a period of 05 years from the date of detection of the violation. If they need to obtain a new driver's license, they must undergo training and examination as in the case of obtaining a driver's license for the first time."
...

Can a driver who operates a vehicle using a fake license be held criminally liable?

According to Article 341 of the 2015 Criminal Code (amended by Article 126 of the 2017 Amendment to the Criminal Code), the following provisions apply: Offense of forging seals, documents of agencies, organizations; offense of using fake seals or documents of agencies, organizations.

1. Anyone who forges seals, documents, or other papers of agencies, organizations, or uses fake seals, documents, or papers to engage in illegal activities shall be fined from 30,000,000 to 100,000,000 VND, subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 2 years.

2. Offenders falling into one of the following cases shall be sentenced to imprisonment from 2 to 5 years:

a) Organized crime;

b) Repeat offense twice or more;

c) Forging from 2 to 5 seals, documents, or other papers;

d) Using seals, documents, or other papers to commit less serious or serious crimes;

e) Illegally profiting from 10,000,000 to less than 50,000,000 VND;

f) Reoffending in a dangerous manner.

3. Offenders falling into one of the following cases shall be sentenced to imprisonment from 3 to 7 years:

a) Forging 6 or more seals, documents, or other papers;

b) Using seals, documents, or other papers to commit very serious or particularly serious crimes;

c) Illegally profiting from 50,000,000 VND or more.

4. The offender may also be fined from 5,000,000 to 50,000,000 VND. Therefore, according to the above provisions, a driver who operates a vehicle using a fake license can be held criminally liable.