Collection of judgments on obstruction of road traffic in Vietnam

Hi, Lawnet would like to answer as follows:

1. What is act of obstruction of road traffic under the law in Vietnam?

According to Clause 1, Article 261 of the Penal Code 2015, amended in 2017 stipulates that the obstruction of road traffic are behaviors:

- Illegally digs, drills, cuts, buries road traffic works;

- Illegally places or spills materials, wastes, garbage, slippery substances, sharp items or other obstacles that obstruct road traffic;

- Illegally removes, moves, blocks or destroys road signs, traffic lights, milestones, road mirrors, median strip or other road safety equipment;

- Opens illegal crossing; illegally uses sidewalks, carriageway;

- Illegally uses road safety corridors or commits violations against regulations on road traffic safety during construction on public roads

2. The penalty for obstruction of road traffic in Vietnam

According to Article 261 of the Penal Code 2015, amended in 2017 stipulates the level of penalties for obstruction of road traffic as follows:

Frame 1:

- Those who perform the acts mentioned in Section 1 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, up to 03 years' community sentence or 06 - 36 months' imprisonment:

+ The offence results in the death of a person;

+ The offence causes ≥ 61% WPI for another person;

+ The offence causes a total WPI of 61% - 121% for more than one person.

+ The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

Frame 2:

- This offence committed in any of the following circumstances carries a fine of from VND 100,000,000 to VND 300,000,000 or a penalty of 02 - 07 years' imprisonment:

+ The offence is committed on a mountain pass, freeway or dangerous road;

+ The offence results in the death of 02 people;

+ The offence causes a total WPI of 122% - 200% for more than one person.

+ The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.

Frame 3:

- This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

+ The offence results in the death of ≥ 03 people;

+ The offence causes a total WPI of ≥ 201% for ≥ 03 people;

+ The offence results in property damage assessed at ≥ VND 1,500,000,000.

Punishment that has the actual capability leading to consequences

If the act of obstruction of road traffic that is likely to have any of the consequences mentioned in Point a, b, c Clause 3 of Article 261 of the Penal Code 2015, amended in 2017 is not promptly prevented, the offender shall be liable to a fine of from VND 5,000,000 to VND 20,000,000 or face a penalty of up to 01 year's community sentence.

3. Collection of judgments on obstruction of road traffic in Vietnam

Judgments on obstruction of road traffic No. 24/2022/HS-ST

- Trial level: First instance

- Trial agency: The People's Court of Dam Doi district, Ca Mau province

- Quoting the content: “On October 4, 2021, Mr. Tran Xuan M is the Deputy Director of M KH Group Company, directing the construction of wind power pillars in Ca Mau. During the construction process, Mr. M directed the fabric to encroach on the 20.3-meter-long plastic to pour stone for the project. On May 5 and 6, 2021, Mr. M bought stones and contacted the litchi. He poured stones but did not make barriers and signs. On the night of October 8, 2021, Mr. Nguyen Van U controlled a motorcycle to collide with the opposite vehicle controlled by Mr. Le Hoang Le. When Mr. U fell down the road, his car was hit by the lead, leading to his death on the spot. The results of the scene examination and the forensic conclusion determine that the cause of Mr. U's death was a severe brain injury. Mr. M was prosecuted by the prosecutor for the crime of "hindering road traffic."

Judgments on obstruction of road traffic No. 34/2022/HS-ST

- Trial level: People's Court of Hung Ha district, Thai Binh province

- Trial agency: First instance

- Quoting the content: “On December 10, 2021, Mr. Pham Van D called to buy 16 sand blocks from Mr. Pham Van T to renovate his family's grave. At 17:00 on the same day, Mr. T took Cat to sell to Mr. Đ. According to Mr. Đ's instructions, Mr. T poured into 2 piles of sand on Village H Road, taking no measures to ensure traffic safety. At 21:00 on the same day, Ms. Nguyen Thi H drove a motorbike into the sand and fell down the road, leading to a traumatic brain injury and death later. The conclusion of the assessment determines that the cause of Ms. H's death was a traumatic brain injury. Mr. Đ was prosecuted by the Procurator for the crime of "hindering road traffic". "

Judgments on obstruction of road traffic No. 29/2021/HS-ST

- Trial level: First instance

- Trial agency: People's Court of Tay Ninh City, Tay Ninh Province

- Quoting the content: “At the end of August 2020, Mr. Phan Thanh N bought Ms. L's wood and Mr. N1 and then cut it into a wooden slang. Mr. N rented a wooden car to the curb of HN ward, Tay Ninh City, for storage. When arranging wood, it encroached on a 1.6-meter road, but Mr. N did not place a warning sign. At 18:30 on September 27, 2020, Mr. Huynh Chi D drove a motorbike to the woods to encroach on the road and fall down the road. He was taken to the emergency room, but on September 29, he died. The conclusion of the assessment determines that the cause of Mr. D's death was due to multiple abdominal injuries. Mr. N compensated the victim's family with 10 million. Mr. N was prosecuted by the People's Procuracy of Tay Ninh City on charges of "hindering road traffic".

Judgments on obstruction of road traffic No. 25/2021/HS-ST

- Trial level: First instance

- Trial agency: People's Court of Tam Dao district, Vinh Phuc province

- Quoting the content: “At about 19:15 on December 21, 2020, Ms. Tran Anh M drove a motorbike carrying her sister Tran Ngoc A on the provincial road 302. When arriving at Km9+518, Ms. M's car collided with the pile of rake materials peeling the road surface by Construction and Investment Management Joint Stock Company S under construction, causing both to fall down the road. Consequences: Ms. A was rubbed; Ms. M was taken to the emergency room; but on December 27, 2020, she died. The results of the scene examination and autopsy determine that the cause of Ms. M's death was a traumatic brain injury. Property damage is a motorbike worth 1,060,000 VND. The People's Procuracy of Tam Dao district has prosecuted Nguyen Xuan H on charges of "obstructing road traffic".

Judgments on obstruction of road traffic No. 41/2021/HS-ST

- Trial level: First instance

- Trial agency: People's Court of K district, Ninh Binh province

- Quoting the content: “On September 27, 2020, Mr. Vu Dinh T drove a tractor carrying 20 pallets of bricks to K commune, K district, Ninh Binh to deliver goods to Mr. Cao Van T4. Because Mr. T4 was not at home, Mr. T drove the forklift of Mr. T4's family to pick up the brick at the curb of Highway 10. While loading bricks, Mr. T blocked the lane, leading to Mr. Mai Van C and Mr. Hoang Van Q controlling two motorbikes colliding with cars controlled by Mr. Pham Minh D. Then Mr. D's car crashed into the right side of the forklift by Mr. T. As a result, 3 motorcyclists died. Mr. T was injured, and the vehicles were damaged for more than 154 million VND. The Institute of Series prosecuted defendant Vu Dinh T for "obstruction of road traffic". "

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