03:25 | 22/08/2024

What are penalties for organizing illegal races for gambling? What are the penalties imposed for illegal racing in Vietnam?

What are penalties for organizing illegal races for gambling? What are the penalties imposed for illegal racing in Vietnam? - asked Mr. Tung (Vinh)

Is illegal racing and organizing illegal races strictly prohibited under the Law on Road Traffic of Vietnam?

According to Article 8 of the 2008 Law on Road Traffic as amended by Clause 1, Article 35 of the 2019 Law on Prevention and Control of Harms of Alcohol and Beer:

Prohibited Acts

1. Destruction of roads, bridges, tunnels, ferries, traffic signals, posts, signboards, convex mirrors, dividers, drainage systems, and other related infrastructure and equipment.

2. Unauthorized digging, drilling, and cutting of roads; illegal placement of obstacles on roads; scattering sharp objects, pouring slippery substances on roads; unauthorized storage of materials, waste, or rubbish on roads; unauthorized construction and connection of roads to main roads; encroachment or illegal use of road land, road safety corridors; unauthorized removal of manhole covers, dismantling, relocating, or altering road works.

3. Unauthorized use of roadways, road shoulders, and sidewalks.

4. Operating motor vehicles and special-use motorcycles not meeting safety and environmental standards on public roads.

5. Temporarily modifying major parts, components, or accessories of motor vehicles to meet safety standards for inspection.

6. Racing, encouraging racing, organizing illegal races, swerving, and zigzagging.

7. Operating vehicles under the influence of drugs.

8. Operating vehicles with a blood alcohol concentration or breath alcohol concentration above the legal limit.

...

Thus, according to the above regulation, racing, encouraging racing, organizing illegal races, swerving, and zigzagging are prohibited acts.

What is the penalty for organizing illegal car races for gambling? What are the penalty regulations for offenders of illegal racing?

What are penalties for organizing illegal races for gambling? What are the penalties imposed for illegal racing in Vietnam? (Image from Internet)

What are penalties for organizing illegal races for gambling in Vietnam?

According to Article 265 of the 2015 Criminal Code (as amended by Clause 77, Article 1 of the 2017 Amendment Law to the Criminal Code):

Crime of Organizing Illegal Car Races

...

2. Anyone who commits the following acts shall be fined from VND 100,000,000 to 500,000,000 or imprisoned for 3 to 7 years:

a) Organizing illegal car races with 10 or more vehicles or organizing 2 or more races simultaneously;

b) Organizing gambling;

c) Organizing resistance against officials responsible for maintaining traffic order and safety or those tasked with dispersing illegal car races;

d) Organizing races in densely populated areas;

đ) Removing safety devices from racing vehicles;

e) Causing death or injury to a person with a body injury rate of 61% or higher;

g) Causing injury or harm to the health of 2 people with a body injury rate of each person from 31% to 60%;

h) Causing injury or harm to the health of 3 or more people with a total body injury rate of 61% to 121%;

i) Causing property damage from VND 100,000,000 to less than VND 500,000,000;

k) Recidivating in this crime or the crime of illegal racing.

...

6. Offenders may also be fined from VND 10,000,000 to 50,000,000.

Thus, those who organize illegal races for gambling can be administratively fined up to VND 500,000,000 or criminally prosecuted with a prison sentence of up to 7 years.

Additionally, offenders can also be fined from VND 10,000,000 to 50,000,000.

What are the penalties imposed for illegal racing in Vietnam? 

According to Article 266 of the 2015 Criminal Code (as amended by Clause 78, Article 1 of the 2017 Amendment Law to the Criminal Code):

Crime of Illegal Racing

1. Anyone who illegally races cars, motorcycles, or motorized vehicles in the following cases shall be fined from VND 10,000,000 to 50,000,000, sentenced to non-custodial reform for up to 2 years or imprisoned for 3 months to 2 years:

a) Causing injury or harm to the health of a person with a body injury rate from 31% to 60%;

b) Causing injury or harm to the health of 2 people with a total body injury rate from 31% to 60%;

c) Having been administratively sanctioned for this act or having been convicted of this crime and not yet expunged, but still violating.

2. Committing the following acts shall be fined from VND 50,000,000 to 150,000,000 or imprisoned for 1 to 5 years:

a) Causing death or injury to a person with a body injury rate of 61% or higher;

b) Causing injury or harm to the health of 2 people with a body injury rate of each person from 31% to 60%;

c) Causing injury or harm to the health of 3 or more people with a total body injury rate from 61% to 121%;

d) Causing property damage from VND 100,000,000 to less than VND 500,000,000;

đ) Causing an accident and fleeing to escape responsibility or intentionally not assisting the victim;

e) Participating in gambling;

g) Resisting officers responsible for maintaining traffic order and safety or those tasked with dispersing illegal car races;

h) Racing in densely populated areas;

i) Removing safety devices from racing vehicles;

k) Dangerous recidivism.

3. Committing the following acts shall be imprisoned for 5 to 10 years:

a) Causing the death of 2 people;

b) Causing injury or harm to the health of 2 people with a body injury rate of each person 61% or higher;

c) Causing injury or harm to the health of 3 or more people with a total body injury rate from 122% to 200%;

d) Causing property damage from VND 500,000,000 to less than VND 1,500,000,000.

4. Committing the following acts shall be imprisoned for 7 to 15 years:

a) Causing the death of 3 or more people;

b) Causing injury or harm to the health of 3 people with a body injury rate of each person 61% or higher;

c) Causing injury or harm to the health of 3 or more people with a total body injury rate over 201%;

d) Causing property damage of VND 1,500,000,000 or more.

5. Offenders may also be fined from VND 10,000,000 to 50,000,000.

Thus, offenders of illegal racing can be criminally prosecuted with a maximum penalty of up to 15 years in prison. Additionally, offenders can also face administrative fines up to VND 50,000,000.

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