Is there a fine for gathering to cheer on illegal street racing in Vietnam? Is illegal street racing punishable by imprisonment?
Is there a fine for gathering to cheer on illegal street racing in Vietnam?
Article 34 of Decree No. 100/2019/ND-CP, as amended by points a and b, clause 19, Article 2 of Decree No. 123/2021/ND-CP stipulates penalties imposed upon street racers and street racing watchers as follows:
Penalties imposed upon street racers and street racing watchers
1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for:
a) Gathering to cheer, incite speeding, weaving, chasing, or street racing;
b) Illegally racing bicycles, motored bicycles, tricycles, animal-powered vehicles, or animals on public roads.
2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed illegally racing motorcycles, mopeds, and electric motorcycles.
3. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed illegally racing cars.
4. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:
a) The violation(s) specified in Point b Clause 1 of this Article shall lead to confiscation of vehicles (except for animals use to ride or tow);
b) The violation(s) specified in Clauses 2 and 3 of this Article shall lead to confiscation of vehicle and revocation suspension of driving license from 03 months to 05 months.
Thus, according to the above regulations, any person who gathers to cheer, incite speeding, weaving, chasing, or street racing will be fined from VND 1,000,000 to VND 2,000,000.
Is there a fine for gathering to cheer on illegal street racing in Vietnam? Is illegal street racing punishable by imprisonment? (Image from the Internet)
Is illegal street racing liable to criminal prosecution?
In Article 266 of the 2015 Criminal Code of Vietnam, as amended by Clause 78 Article 1 of the 2017 Law on Amendments to the Criminal Code providing for the crime of illegal street racing as follows:
Illegal street racing
1. A person who participates in an illegal street race which involves automobiles, motorbikes or other motor vehicles and causes damage for another person in any of the following circumstances or does it while having incurred an administrative penalty for any of the offences specified in this Article or Article 265 hereof or having an unspent conviction for any of these offences shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 02 year’s community sentence or 06 - 36 months' imprisonment:
a) The offence causes 31% - 60% WPI for another person;
b) The property damage caused by the offence is assessed at from VND 50,000,000 to under VND 100,000,000.
2. This offence committed in any of the following circumstances carries a fine of from VND 50,000,000 to VND 150,000,000 or a penalty of 03 - 10 years' imprisonment:
a) The offence results in the death of a person;
b) The offence causes ≥ 61% WPI for another person;
c) The offence causes a total WPI of 61% - 121% for more than one person.
d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000;
dd) The offender leaves the site after causing the accident to evade responsibility or refuses to help the victim;
e) The offender participates in betting;
g) The offender resists people in charge of road traffic safety and order or people in charge of dismissing the street race;
h) The street race is held in a crowded area;
i) Safety equipment is removed from the racing vehicles;
k) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence results in the death of 02 people;
b) The offence causes a total WPI of 122% - 200% for more than one person;
c) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.
4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:
a) The offence results in the death of ≥ 03 people;
b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The offence results in property damage assessed at ≥ VND 1,500,000,000.
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.
Thus, a person who participates in an illegal street race which involves automobiles, motorbikes or other motor vehicles and causes damage enough damage to the point of being examined for penal liability according to the above provisions, be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 02 year’s community sentence or 06 - 36 months' imprisonment. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.
Is organizing illegal street races punishable by imprisonment?
In Article 265 of the 2015 Criminal Code of Vietnam, as amended by Clause 77 Article 1 of the 2017 Law on Amendments to the Criminal Code on the crime of organizing illegal street races as follows:
Organizing illegal street races
1. Any person who illegally organizes a street race which involves automobiles, motorbikes or other motor vehicles 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.
2. This offence committed in any of the following circumstances carries a fine of from VND 100,000,000 to VND 500,000,000 or a penalty of 04 - 10 years' imprisonment:
a) The street race is participated by ≥ 10 vehicles at the same time or the offender organizes ≥ 02 street races at the same time;
b) The street race involves betting;
c) The offender resists people in charge of road traffic safety and order or people in charge of dismissing the street race;
d) The street race is held in a crowded area;
dd) Safety equipment is removed from the racing vehicles;
e) The offence results in the death of a person;
g) The offence causes ≥ 61% WPI for another person;
h) The offence causes a total WPI of 61% - 121% for more than one person;
i) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000;
k) This offence or street racing is recommitted.
3. This offence committed in any of the following circumstances carries a penalty of 08 - 15 years' imprisonment:
a) The offence results in the death of 02 people;
b) The offence causes a total WPI of 122% - 200% for more than one person;
c) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000;
d) Dangerous recidivism.
4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:
a) The offence results in the death of ≥ 03 people;
b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The offence results in property damage assessed at ≥ VND 1,500,000,000.
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.
Thus, any person who illegally organizes a street race which involves automobiles, motorbikes or other motor vehicles 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. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.
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