What are the penalties for violations related to the alcohol concentration in Vietnam? Will operators who do not show any signs of violation be required to undergo the BAC test?
What are the penalties for violations related to the alcohol concentration in Vietnam?
Based on current regulations, the penalty for alcohol concentration while driving is specified in Decree 100/2019/ND-CP amended in Decree 123/2021/ND-CP specifically as follows:
(1) Violations related to the alcohol concentration in 2024 for automobiles:
Alcohol concentration | Fines | Additional fines |
BAC does not exceed 50 mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath | A fine ranging from VND 6,000,000 to 8,000,000. (Point c Clause 6 Article 5 Decree 100/2019/ND-CP) | Suspend the driver’s license for 10 - 12 months (Point e Clause 11 Article 5 Decree 100/2019/ND-CP) |
BAC exceeds 50 - 80 mg per 100 ml of blood or BrAC exceeds 0.25 - 0.4 mg per liter of breath | A fine ranging from VND 16,000,000 to 18,000,000. (Point c Clause 8 Article 5 Decree 100/2019/ND-CP) | Suspend the driver’s license for 16 - 18 months (Point g Clause 11 Article 5 Decree 100/2019/ND-CP) |
BAC exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath | A fine ranging from VND 30,000,000 to 40,000,000. (Point a Clause 10 Article 5 Decree 100/2019/ND-CP) | Suspend the driver’s license for 22 - 24 months (Point h Clause 11 Article 5 Decree 100/2019/ND-CP) |
(2) Violations related to the alcohol concentration in 2024 for motorcycles:
Alcohol concentration | Fines | Additional fines |
BAC does not exceed 50 mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath | A fine ranging from VND 2,000,000 to 3,000,000. (Point c Clause 6 Article 6 Decree 100/2019/ND-CP) | Suspend the driver’s license for 10 - 12 months (Point e Clause 11 Article 5 Decree 100/2019/ND-CP) |
BAC exceeds 50 - 80 mg per 100 ml of blood or BrAC exceeds 0.25 - 0.4 mg per liter of breath | A fine ranging from VND 4,000,000 to 5,000,000. (Point c Clause 7 Article 6 Decree 100/2019/ND-CP) | Suspend the driver’s license for 16 - 18 months (Point g Clause 11 Article 5 Decree 100/2019/ND-CP) |
BAC exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath | A fine ranging from VND 6,000,000 to 8,000,000. (Point e Clause 8 Article 6 Decree 100/2019/ND-CP) | Suspend the driver’s license for 22 - 24 months (Point h Clause 11 Article 5 Decree 100/2019/ND-CP) |
(3) Violations related to the alcohol concentration in 2024 for motorcycles (hereinafter referred to as vehicles):
Alcohol concentration | Fines | Additional fines |
BAC does not exceed 50 mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath | A fine ranging from VND 3,000,000 to 5,000,000. (Point c Clause 6 Article 7 Decree 100/2019/ND-CP) | Suspend the driver’s license for 10 - 12 months (Point d Clause 10 Article 7 Decree 100/2019/ND-CP) |
BAC exceeds 50 - 80 mg per 100 ml of blood or BrAC exceeds 0.25 - 0.4 mg per liter of breath | A fine ranging from VND 6,000,000 to 8,000,000. (Point b Clause 7 Article 7 Decree 100/2019/ND-CP) | Suspend the driver’s license for 16 - 18 months (Point d Clause 10 Article 7 Decree 100/2019/ND-CP) |
BAC exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath | A fine ranging from VND 16,000,000 to 18,000,000. (Point a Clause 9 Article 7 Decree 100/2019/ND-CP) | Suspend the driver’s license for 22 - 24 months (Point e Clause 10 Article 7 Decree 100/2019/ND-CP) |
(4) Violations related to the alcohol concentration in 2024 for bicycles:
Alcohol concentration | Fines |
BAC does not exceed 50 mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath | A fine ranging from VND 80,000 to 100,000. (Point q Clause 1 Article 8 Decree 100/2019/ND-CP) |
BAC exceeds 50 - 80 mg per 100 ml of blood or BrAC exceeds 0.25 - 0.4 mg per liter of breath | A fine ranging from VND 300,000 to 400,000. (Point e Clause 3 Article 8 Decree 100/2019/ND-CP, amended point k Clause 34 Article 2 Decree 123/2021/ND-CP) |
BAC exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath | A fine ranging from VND 400,000 to 600,000. (Point c Clause 4 Article 8 Decree 100/2019/ND-CP) |
What are the penalties for violations related to the alcohol concentration in Vietnam? Will operators who do not show any signs of violation be required to undergo the BAC test? (Picture from internet)
Will operators who do not show any signs of violation be required to undergo the BAC test in Vietnam?
Pursuant to the provisions of Clause 2, Article 12, Decree 135/2021/ND-CP stipulates that alcohol concentration meters can only be used when there is a decision or plan approved by a competent authority.
On the other hand, according to the provisions of Clause 1, Article 16 of Circular 32/2023/TT-BCA, even if a traffic participant does not violate the law, the traffic police still have the right to request that person to stop the vehicle to control traffic, carry out orders, patrol plans, traffic control or when there is a written request to the authorities to stop the vehicle for control or when receiving information, feedback or denunciations from people about violation.
Pursuant to the provisions of Article 12 of Circular 32/2023/TT-BCA, when stopping a vehicle, traffic police have the right to control contents including:
(1) Control documents related to people and vehicles,
(2) Control vehicle traffic conditions,
(3) Control compliance with legal regulations on road transport safety.
(4) Control other related content.
Thus, when there is a decision and plan approved by the competent authority, even if there is no traffic violation, the traffic police still have the right to request the driver of the vehicle to undergo the BAC test.
Vietnam: Will violations related to the alcohol concentration result in the vehicle being impounded?
Pursuant to the provisions of Article 82 of Decree 100/2019/ND-CP amended by Point a, Clause 32, Article 2 of Decree 123/2021/ND-CP. Accordingly, to immediately prevent administrative violations, the Traffic Police are allowed to temporarily impound vehicles before issuing penalties for certain violations, including errors in alcohol concentration as follows:
- Violations of alcohol concentration for operators at Point c Clause 6, Point c Clause 8 and Point Clause 10 Article 5 of Decree 100/2019/ND-CP
- Violations of alcohol concentration for operators at Point c Clause 6, Point c Clause 7, Point e Clause 8 Article 6 of Decree 100/2019/ND-CP.
- Violations of alcohol concentration for operators in Point c Clause 6, Point b Clause 7, Point a Clause 9 Article 7 of Decree 100/2019/ND-CP.
- Violations of alcohol concentration for operators at point q clause 1, point e clause 3, point c clause 4 Article 8 of Decree 100/2019/ND-CP.
Thus, according to the above regulations, people participating in traffic using road vehicles such as automobiles, motorbikes, tractors, specialized motorbikes or bicycles can have their vehicles impounded by the Traffic Police because alcohol concentration violation.
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