Lawyers highlight rules on renting motorcycles to foreigners after Vietnamese hotel receptionist charged

Le Thi Hai Anh, 51, from Bac Nha Trang Ward, was accused of handing over a vehicle to a person ineligible to operate it, police said on Thursday.

The charge stems from an investigation into a May 4 accident in which Smoliakov Konstantin, 35, a Russian national, rode a motorcycle while intoxicated and struck a 70‑year‑old woman crossing Tran Phu Street near April 2 Square.

The crash left the victim critically injured, and she later died while being transported to hospital.

The case serves as a warning that liability may extend beyond the driver who causes an accident to those who knowingly provide vehicles to people who are not legally qualified to operate them.

Lawyer Nguyen Hong Ha, head of lawyer office Nguyen Hong Ha in the province, noted that Article 264 of the Criminal Code is designed not to punish the driver responsible for an accident, but those entrusted with managing vehicles who unlawfully hand them over to unqualified drivers.

“The offense is not the act of driving itself,” Ha explained.

"It is the act of giving a vehicle to someone while knowing that person does not meet the legal requirements to operate it."

Ha described the provision as a preventive safeguard intended to stop dangerous situations before they occur.

Legislators seek not only to punish drivers after accidents happen but also to hold accountable those whose unlawful actions contribute to creating the risk, the lawyer said.

Ha said prosecutors must establish four essential elements before criminal liability can be imposed under Article 264.

The first element is that a vehicle was handed over to another person.

Second, the recipient was legally unqualified to operate the vehicle, such as lacking a driver's license, holding the wrong license category, being underage, having a suspended license, or otherwise being prohibited from driving.

Third, the person who provided the vehicle knew the recipient was unqualified. This subjective element is often the most difficult to prove.

Fourth, the unlawful handover resulted in consequences specified by law, including death or other serious damage.

Without such consequences, criminal prosecution under Article 264 is generally not applicable.

Foreign driver’s licenses are not automatically valid for driving in Vietnam

Lawyer Nguyen Tuong Linh, head of Tuong Linh Law Office from the Khanh Hoa Bar Association, emphasized that renting a vehicle to someone without a driver's license does not automatically constitute a criminal offense.

The decisive issue is whether investigators can prove the vehicle owner or rental operator knew the customer was legally ineligible to drive but nevertheless deliberately handed over the vehicle.

According to the lawyer, the case could be proven through various sources of evidence such as renters directly admitting that they did not have a driver's license but were still provided with the vehicle, rental staff requesting the driver's license but the renter failing to present one, or communications between the two parties via text messages, emails or booking applications showing that the renter did not have a driver's license.

Others include security camera footage showing a vehicle being handed over without any license verification, or internal company procedures requiring license checks that employees intentionally ignored.

Under Vietnamese regulations, a driver's license issued abroad does not automatically authorize a foreign national to operate a motor vehicle in Vietnam.

Vehicle rental businesses should verify whether the foreign license is legally recognized for use in Vietnam, whether it covers the appropriate vehicle category, and whether the license remains valid.

For foreign customers, rental operators should also verify passports, visas or temporary residence documents to ensure they remain valid.

Foreign renters should possess an International Driving Permit (IDP) together with the necessary Vietnamese-recognized driving authorization.

Simply presenting an international driving permit without meeting Vietnam's legal recognition requirements may still be regarded as using an invalid license.

Clause 7 of Article 18 under Decree 168/2024 stipulates that operators of motorcycles with engine capacities of 125cc or more, or electric motorcycles producing more than 11kW, shall face fines of VND6 million to VND8 million (US$228 - $304) if they hold a driver's license that is not appropriate for the vehicle category.

The same penalty also applies to drivers who carry an IDP but fail to present the corresponding national driver's license where required.

Legal experts warn that uncertainty over the validity of a customer's driving credentials can expose rental businesses to significant legal risks if an accident occurs.

To reduce that risk, vehicle rental operators should establish robust verification and record-keeping procedures rather than merely inspecting a license.

In addition, they should compare the driver's license with a passport or identity card, photograph or keep copies of the license, and note down the license number.