Are operators of cars running red lights due to force majeure events exempt from fines? What is the penalty imposed upon operators of cars for running red lights in Vietnam?
Are operators of cars running a red light due to a force majeure event exempt from fines?
Pursuant to Article 11 of the 2012 Law on Handling Administrative Violations in Vietnam, violators running red lights will not be fined in some of the following cases:
- Running a red light in emergency circumstances;
- Running a red light due to legitimate defense;
- Running a red light due to unexpected events;
- Running a red light due to force majeure;
- The violators do not have administrative liability capacity; the violators commit administrative violations when are not sufficient age to be administratively sanctioned.
Thus, running a red light due to a force majeure event is one of the cases exempt from fines.
Are operators of cars running red lights due to force majeure events exempt from fines? What is the penalty imposed upon operators of cars for running red lights in Vietnam?
What is the penalty imposed upon operators of cars for running red lights in Vietnam?
Pursuant to Point a, Clause 5, Article 5 of Decree No. 100/2019/ND-CP, some phrases have been replaced by Point dd, Clause 34, Article 2 of Decree No. 123/2021/ND-CP, some regulations have been annulled by Point a, Clause 36, Article 2 of Decree No. 123/2021/ND-CP as follows:
Penalties imposed upon operators of cars and car-like vehicles violating traffic rules
…
5. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:
a) Failure to comply with the traffic lights;
b) Failure to obey the orders or instructions of the traffic conductor or traffic guard;
c) Entering a blocked road or restricted area; going against traffic direction of a one-way road or a road where a “Cấm đi ngược chiều” (No entry) sign is erected, except for the violations specified in Point a Clause 8 of this Article and emergency vehicles on duty;
d) Overtaking in cases where overtaking is not permitted, overtaking in roads erected with signs prohibiting operated vehicles from overtaking; failure to signal before overtake; overtaking on the right of other vehicles in case not allowed to, except cases in which roads with multiple lanes with same direction of motion separated by road markings where vehicles on lanes on the right are faster than vehicles on lanes on the left;
dd) Failure to keep the vehicle to the right; going in the wrong lane (along or against traffic direction) except for cases specified in Point c Clause 4 of this Article; crossing the median strip; going on a sidewalk unless for entering a house;
e) Avoiding oncoming traffic against regulations and law, except for violations of using high beam when avoiding oncoming traffic specified in Point g Clause 3 of this Article; failure to yield to oncoming traffic as per the law in narrow or steep sections or in case of obstacles;
g) Failure to obey the rules when entering or leaving the freeway; going in the emergency lane or on the shoulder of the freeway; changing lanes on a freeway at inappropriate positions or without signals; failure to keep a safe following distance on the freeway;
i) Exceeding the speed limits by 10 km/h - 20 km/h.
Pursuant to point b, clause 11 of Article 5 of Decree No. 100/2019/ND-CP, point c, clause 11 of Article 5 of Decree No. 100/2019/ND-CP, apart from incurring fines, the violating operator shall also incur the additional penalties:
Penalties imposed upon operators of cars and car-like vehicles violating traffic rules
…
11. Apart from incurring fines, the violating operator shall also incur the following additional penalties:
…
b) The violation(s) specified in Point dd Clause 2; Points h and i Clause 3; Clause 4; Points a, b, d, dd, g, h and i Clause 5 of this Article shall lead to suspension of driving license from 1 month to 3 months;
c) The violation(s) specified in Point c Clause 5; Points a and b Clause 6; Clause 7 of this Article shall lead to suspension of driving license from 2 months to 4 months. Committing violation(s) specified in Points a, d, dd, e and g of Clause 1; Points b, d and g of Clause 2; Points b, g, h, m, n, r and s of Clause 3; Points a, c, e, g and h of Clause 4; Points a, b, e, g and h Clause 5 of this Article and causing accidents shall lead to suspension of driving license from 2 months to 4 months;
Thus, operators of cars and car-like vehicles who run red lights will be fined from VND 4,000,000 to VND 6,000,000; concurrently be suspended from the right to use the driving license from 01 month to 03 months; from 02 to 04 months if causing accidents.
When being fined for running a red light, how can road users pay the fine?
- At the head office of the traffic police stated in the notice of fine payment.
- Directly at the State Treasury or a commercial bank the State Treasury authorizes the fine collection stated in the sanctioning decision.
- Transfer money to the State Treasury account in the sanctioning decision.
- Submit to the person with sanctioning competence in the following cases: Administrative sanction without making administrative records, in remote mountainous areas, near the border, difficult to travel.
- Remit to the State Treasury through the public postal service (Post Office).
The above are the ways to pay fines for traffic participants when they are fined at red lights.
LawNet