My brother had taken my motorbike to go out with his friend. I was asked for permission but at that moment, I was too busy to prevent him from taking my motorbike. Because He did not have a license, so while riding a motorbike at high speed, he caused a fatal accident. I am very worried about the accident and how my brother will be handled. Looking forward to hearing from your consultant.
FDVN’s Opinion
[1] An act of riding a motorbike without a driver’s license and causing a fatal accident are an offense against the traffic law.
Based on the provisions of Article 58 of the Law on Road Traffic 2008, Conditions for drivers of vehicles to join in traffic are as follows:
“1. Drivers of vehicles to join in traffic must be of the age and in good health as prescribed in Article 60 of this Law, and proper driver licenses for the types of vehicle they are permitted to operate, which are granted by competent state agencies.
Learner drivers, when joining in traffic, shall practice driving on driving practice vehicles and have their driving supported by driving instructors.
2. When operating a vehicle, the driver shall carry the following papers:
a/ Vehicle registration paper;
b/ Driver license, for motor vehicle operators defined in Article 59 of this Law;
c/ Technical safety and environmental protection inspection certificate, for motor vehicles prescribed in Article 55 of this Law;
d/ Motor vehicle owner civil liability insurance certificate.”
Therefore, the things that your brother took your motorbike and rode at high speed, caused a fatal accident are the illegal acts. Therefore, your brother will handle it according to the law.
[2] The legal consequences of riding a motorbike without a driver’s license and causing fatal consequences
2.1. Criminal responsibility:
Pursuant to Article 260 of the Criminal Code 2015, amended and supplemented in 2017, which stipulates that any person who violates road traffic rules and the offense results in the death of a person and not having a driver’s license:
“1. Any person who violates road traffic rules and causes damage for another person in any of the following circumstances shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment:
a) The offense results in the death of a person;
b) The offense causes ≥ 61% WPI for another person;
c) The offense causes a total WPI of 61% - 121% for more than one person;
d) The property damage caused by the offense is assessed at from VND 100,000,000 to under VND 500,000,000.
2. This offense committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:
a) The offender does not have a driving license as prescribed;
b) The offender is under the influence of alcohol and with blood or breath alcohol content above the limit, or under the influence of drugs or other strong stimulants;
c) The offender leaves the site after causing the accident to evade responsibility or refuses to help the victim;
d) The offender fails to comply with the traffic controller's commands;
dd) The offense results in the death of 02 people;
e) The offense causes a total WPI of 122% - 200% for more than one person;
g) The property damage caused by the offense is assessed at from VND 500,000,000 to under VND 1,500,000,000.
3. This offense committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offense results in the death of ≥ 03 people;
b) The offense causes a total WPI of ≥ 201% for ≥ 03 people;
c) The offense results in property damage assessed at ≥ VND 1,500,000,000.
4. If a road traffic offense that is likely to have any of the consequences mentioned in Point a, b, c Clause 3 of this Article is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment.
5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.”.
2.2. Civil liability
Base on Article 584 Civil Code 2015:
“1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.
2. The person who causes damage shall be discharged from liability for compensation in a case where the damage incurs due to force majeure events or at the entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.
3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.”
Thus, based on Article 584 of the Civil Code 2015, if your brother joins the traffic and causes a fatal accident due to force majeure events or at the entire fault of the aggrieved person, your brother is not discharged from liability. But if the fault is caused by your brother, He must compensate for the damage.
As such, your brother may be handled according to the laws. At the same time, for you, who gives the motorbike to your brother even though you know that your brother does not have a driver’s license, that caused a fatal accident. You will be responsible for the provisions of Article 264 of the 2015 Penal Code, amended and supplemented in 2017 as follows:
“Article 264. Allowing an unqualified person to operate a vehicle on public roads
1. Any person who allows another person to operate a vehicle on public roads in the knowledge that he/she does not have a driver license or is under the influence of alcohol with blood or breath alcohol content above the limit, under the influence of drugs or other strong stimulants or otherwise unqualified and as a result causes damage for another person in any of the following circumstances shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence:
a) The offense results in the death of a person;
b) The offense causes ≥ 61% WPI for another person;
c) The offense causes a total WPI of 61% - 121% for more than one person.
d) The property damage caused by the offense is assessed at from VND 100,000,000 to under VND 500,000,000.
2. This offense committed in any of the following circumstances shall carry a fine of from VND 50,000,000 to VND 200,000,000 or a penalty of 06 - 36 months' imprisonment:
a) The offense results in the death of 02 people;
b) The offense causes a total WPI of 122% - 200% for more than one person;
c) The property damage caused by the offense is assessed at from VND 500,000,000 to under VND 1,500,000,000.
3. This offense committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The offense results in the death of ≥ 03 people;
b) The offense causes a total WPI of ≥ 201% for ≥ 03 people;
c) The offense results in property damage assessed at ≥ VND 1,500,000,000.
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 30,000,000.”.
This is our legal opinion related to your requests based on legal regulations. Hopefully it will be useful to you.
Nguyen Thi Lan Anh
FDVN Law Firm
(1).jpg)
CONTACT US:
Lawyers in Da Nang:
99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city
Lawyers in Hue:
56A Dien Bien Phu, Hue City, Thua Thien Hue
Lawyers in Ho Chi Minh City:
No. 122 Dinh Bo Linh Street, Binh Thanh District, Ho Chi Minh City
Lawyers in Ha Noi:
Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi
Lawyers in Nghe An:
No. 19 V.I Lenin street, Vinh City, Nghe An Province
Website: www.fdvn.vn www.fdvnlawfirm.vn www.diendanngheluat.vn www.tuvanphapluatdanang.com
Email: fdvnlawfirm@gmail.com luatsulecao@gmail.com
Phone: 0935 643 666 – 0906 499 446
Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/
Legal Service For Expat: https://www.facebook.com/fdvnlawfirmvietnam/
TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/
DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/
Youtube: https://www.youtube.com/c/luatsufdvn
Telegram: https://t.me/luatsufdvn
Group “Legal forum for foreigners in Vietnam”: https://www.facebook.com/groups/legalforeignersinvietnam
Other Articles
- THỦ TỤC CẤP ĐỔI, CẤP LẠI THẺ THƯỜNG TRÚ CHO NGƯỜI NƯỚC NGOÀI TẠI VIỆT NAM / PROCEDURES FOR REPLACEMENT, REISSUANCE OF PERMANENT RESIDENCE CARDS FROM JULY 1, 2026
- LAW SCHOOL FOR EVERYONE BY PROFESSOR EDWARD K.CHENG, JOSEPH L. HOFFMANN, MOLLY BISHOP SHADEL AND PETER SMITH
- HƯỚNG DẪN CÁCH TÍNH ƯU ĐÃI THUẾ THU NHẬP CÁ NHÂN ĐỐI VỚI CHUYÊN GIA, NHÀ KHOA HỌC LÀM VIỆC TRONG LĨNH VỰC KHỞI NGHIỆP SÁNG TẠO / GUIDANCE ON CALCULATING PERSONAL INCOME TAX INCENTIVES FOR EXPERTS AND SCIENTISTS WORKING IN THE FIELD OF INNOVATIVE STARTUPS
- LAW SCHOOL FOR EVERYONE LEGISLATION AND REGULATION BY PROFESSOR PETER J.SMITH
- SINH CON THỨ HAI TỪ NGÀY 01/7/2026: THỜI GIAN NGHỈ VÀ CÁCH TÍNH TIỀN THAI SẢN / SECOND CHILDBIRTH FROM JULY 1, 2026: MATERNITY LEAVE PERIOD AND CALCULATION OF MATERNITY BENEFITS
- LAW SCHOOL FOR EVERYONE CONSTITUTIONAL LAW BY PROFESSOR ERIC BERGER
- TỔNG HỢP TỪ VỰNG VÀ THUẬT NGỮ PHÁP LÝ TIẾNG ANH THÔNG DỤNG DÀNH CHO HÔN NHÂN GIA ĐÌNH
- LAW SCHOOL FOR EVERYONE CONTRACTS BY PROFESSOR DAVID HORTON
- LAW SCHOOL FOR EVERYONE CORPORATE LAW BY PROFESSOR GEORGE S. GEIS
- TỔNG HỢP 08 BẢN ÁN CỦA TOÀ ÁN VƯƠNG QUỐC ANH VỀ TRANH CHẤP LIÊN QUAN ĐẾN DỮ LIỆU CÁ NHÂN / COLLECTION OF 08 UK COURT JUDGMENTS ON DISPUTES RELATING TO PERSONAL DATA
- TỔNG HỢP 12 BẢN ÁN CỦA TOÀ ÁN SINGAPORE VỀ TRANH CHẤP CÔNG NGHỆ VÀ SỞ HỮU TRÍ TUỆ / 12 SINGAPORE COURTS JUDGMENTS ON TECHNOLOGY AND INTELLECTUAL PROPERTY DISPUTES
- TỔNG HỢP MỘT SỐ MẪU ĐƠN KHỞI KIỆN DÂN SỰ TRÊN THẾ GIỚI / COLLECTION OF CIVIL STATEMENT OF CLAIM TEMLATES FROM OVER THE WORLD
- BỘ TÀI LIỆU HƯỚNG DẪN THỦ TỤC HÀNH CHÍNH VỀ ĐĂNG KÝ QUYỀN TÁC GIẢ, QUYỀN LIÊN QUAN CỦA CỤC CÔNG NGHIỆP VĂN HOÁ VÀ BẢN QUYỀN TÁC GIẢ - BỘ VĂN HOÁ, THỂ THAO VÀ DU LỊCH
- THE CORPORATE GOVERNANCE PLAYBOOK: POWERS, RESPONSIBILITES AND INTERACTIONS BETWEEN SHAREHOLDERS, BOARD AND MANAGEMENT BY HERMAN, HENRY & DOMINIC
- ĐÀ NẴNG: DOANH NGHIỆP CẦN HOÀN THÀNH KÊ KHAI THÔNG TIN CHỦ SỞ HỮU HƯỞNG LỢI TRƯỚC NGÀY 30/11/2026 THEO CÔNG VĂN 14848/STC-DN&ĐKKD
- BÀI HỌC TIẾNG ANH PHÁP LÝ: APPEAL



