Vietnam: What sign does not allow cars to overtake? How much is a fine for overtaking a car on a road with a sign that does not allow a car to overtake?
What sign does not allow cars to overtake in Vietnam?
When driving a car, there are some cases where the driver needs to get ahead for various reasons.
However, not all cases are driven by cars. Specifically, the driver will not be allowed to drive a child car to overtake when encountering a sign that does not allow the child car to overtake. Signs that do not allow cars to overtake are as follows:
Thus, when intending to drive a car overtaking, the driver needs to pay attention on the road that there are signs not allowing cars to overtake or not to avoid violating the law on road traffic.
Vietnam: What sign does not allow cars to overtake? How much is a fine for overtaking a car on a road with a sign that does not allow a car to overtake?
How will driving a car with improper overtaking be sanctioned in Vietnam?
Pursuant to Point i Clause 4 Article 5 of Decree 100/2019/ND-CP, some phrases are replaced by Point d Clause 34 Article 2 of Decree 123/2021/ND-CP stipulating as follows:
Penalties for drivers of cars and similar vehicles in violation of road traffic rules
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4. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on a driver who commits one of the following violations:
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i) Reversing or making a U-turn in the road tunnel; stopping, parking, overtaking in the road tunnel at the wrong place.
In addition to being sanctioned for administrative violations from 2 million to 3 million VND, drivers of cars that overtake vehicles in the wrong road tunnel are also deprived of their driving license from 01 month to 3 months according to Point b, Clause 11, Article 5 of Decree 100/2019/ND-CP.
Pursuant to Point d Clause 5 Article 5 of Decree 100/2019/ND-CP, some phrases are replaced by Point dd Clause 34 Article 2 of Decree 123/2021/ND-CP stipulating as follows:
Penalties for drivers of cars and similar vehicles in violation of road traffic rules
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5. A fine of VND 4,000,000 to VND 6,000,000 shall be imposed on a driver who commits one of the following violations:
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d) Overtaking the vehicle in cases where it is not allowed to overtake or overtake at a section of the road with a signboard with a prohibition on overtaking (for the type of vehicle being driven); there is no signal before overtaking; overtaking to the right of another vehicle is not permitted, except in cases where there are multiple lanes for vehicles traveling in the same direction distinguished by lane markings where vehicles traveling in the right lane are faster than vehicles traveling in the left lane;
Accordingly, the driver of a car that overtakes an improper vehicle in one of the above cases will be sanctioned for administrative violations from 4 million to 6 million VND.
In addition, drivers of cars that commit illegal overtaking are also deprived of their driving licenses from 01 month to 3 months according to Point b, Clause 11, Article 5 of Decree 100/2019/ND-CP.
Pursuant to Point a, Clause 7, Article 5 of Decree 100/2019/ND-CP stipulates as follows:
Article 5. Penalties imposed upon operators of cars and car-like vehicles violating traffic rules
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7. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:
a) Failure to observe, operating the vehicle exceeding speed limit thus causing accidents; 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 a Clause 8 of this Article;
Thus, drivers of cars that overtake vehicles that are not in accordance with regulations and cause traffic accidents will be sanctioned for administrative violations from 10 million to 12 million VND.
In addition, drivers of cars that overtake vehicles that are not in accordance with regulations and cause traffic accidents will be deprived of their driving licenses from 02 months to 04 months according to Point c Clause 11 Article 5 of Decree 100/2019/ND-CP.
Is overtaking a car causing a traffic accident subject to criminal prosecution in Vietnam?
Pursuant to Article 260 of the 2015 Penal Code as amended by Clause 72, Article 1 of the 2017 Penal Code Amendment Law:
Article 260. Road traffic offences
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 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.
2. This offence 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 offence results in the death of 02 people;
e) The offence causes a total WPI of 122% - 200% for more than one person;
g) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.
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 ≥ 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.
4. If a road traffic offence 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.
Accordingly, based on the extent and consequences of improper overtaking causing traffic accidents, it is necessary to determine the level of criminal liability as prescribed above.
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