What are the penalties imposed upon operators of mopeds and motorcycles in Vietnam who exceed the speed limits by more than 30 km/h?
- What are the penalties imposed upon operators of mopeds and motorcycles in Vietnam who exceed the speed limits by more than 30 km/h?
- Vietnam: What are the types of vehicles that are not restricted in speed?
- Vietnam: What is the statute of limitations for handling of administrative violations of exceeding the speed limits by more than 30 km/h?
What are the penalties imposed upon operators of mopeds and motorcycles in Vietnam who exceed the speed limits by more than 30 km/h?
Pursuant to the provisions in Point a, Clause 7, Article 6 of Decree 100/2019/ND-CP stipulates as follows:
Penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules
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7. A fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:
a) Exceeding the speed limits by more than 20 km/h;
b) Failure to observe, operating the vehicle exceeding speed limit thus causing accidents; entering a freeway, stopping, parking, making a u-turn, backing, avoiding, overtaking, changing direction or changing lanes against regulations and law causing accidents; failure to operate in correct sections, lanes, failure to maintain safety distance between 2 vehicles as per the law thus causing accidents or entering roads erected with signs prohibiting entry of operated vehicles, going against traffic direction on one-way roads or on roads erected with “Cấm đi ngược chiều” (No entry) signs causing accidents, except for violations specified in Point d Clause 8 of this Article;
c) Operating the vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood, or BrAC exceeds 0.25 - 0.4 mg per liter of breath.
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Thus, based on the above regulations, a fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed upon a vehicle operator for exceeding the speed limits by more than 30 km/h.
In addition, the act of exceeding the speed limits by more than 30 km/h will also result in the suspension of the right to use a driving license from 02 months to 04 months (as prescribed in Point c, Clause 10, Article 6 of Decree 100/2019/ND-CP).
What are the penalties imposed upon operators of mopeds and motorcycles in Vietnam who exceed the speed limits by more than 30 km/h?
Vietnam: What are the types of vehicles that are not restricted in speed?
Pursuant to the provisions of Article 22 of the Law on road traffic 2008, the provisions are as follows:
Priority rights of a number of vehicles
1. The following vehicles have the priority right to go before other vehicles when passing intersections from any direction of traffic in the following order:
a/ Fire engines traveling on duty;
b/ Military vehicles and police vehicles on urgent duty; motorcades led by police cars;
c/ Ambulances on duty;
d/ Dike-watch vehicles, vehicles employed in overcoming natural disasters or epidemics or in a state of emergency as prescribed by law;
e/ Funeral vehicle processions.
2. Vehicles specified at Points a, b, c and d of Clause 1, this Article, when traveling on duty, shall give signals by means of horn, banner and light according to regulations; are not restricted in speed; may enter one-way roads from the opposite direction and other roads open to traffic, even go through the red light, and must only follow the instructions of persons directing traffic.
The Government shall issue specific regulations on signals of priority vehicles.
3. When recognizing the signals of priority vehicles, road users shall promptly slow down, give way or pull in to the right edge of the carriageway to give way. They may not obstruct priority vehicles.
Thus, based on the above regulations, vehicles that are not restricted in speed include:
- Fire engines traveling on duty;
- Military vehicles and police vehicles on urgent duty; motorcades led by police cars;
- Ambulances on duty;
- Dike-watch vehicles, vehicles employed in overcoming natural disasters or epidemics or in a state of emergency as prescribed by law.
Vietnam: What is the statute of limitations for handling of administrative violations of exceeding the speed limits by more than 30 km/h?
Pursuant to the provisions in Point a, Clause 1, Article 6 of the Law on Handling of Administrative Violations 2012, amended by Point a, Clause 4, Article 1 of the Law on amendments and supplements to certain Articles of the Law on Handling of Administrative Violations 2020, regulations on the statute of limitations for handling violations administratively as follows:
Statute of limitations for handling of administrative violations
1. The statute of limitations for administrative violation sanction is regulated as follows:
a) The limitation period for imposition of an administrative penalty shall be 01 year, except in the following cases:
The limitation period for imposition of sanctions against administrative violations arising from the following sectors and activities: accounting; invoices; fees and charges; insurance business; price management; securities; intellectual property; construction; fishery; forestry; investigation, planning, exploration, extraction and use of water resources; oil and gas and other mining activities; environmental protection; atomic energy; management and development of houses and offices; land; levees; press; publishing; commodity production, export, import and trading; manufacturing and trading of banned and counterfeit goods; foreign worker management, the statute of limitations for sanctioning administrative violations, shall be 02 years.
The limitation period for imposition of sanctions against administrative violations arising from taxes shall be subject to laws on tax administration;
Thus, based on the above regulations, the statute of limitations for handling of administrative violations for driving a motorbike at a speed exceeding 30km/h is 01 year.
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