What are penalties for illegal racing in Vietnam? What are related judgments on this matter?

In Vietnam, the organization of illegal racing events has always been one of the major concerns, posing risks not only to participants but also threatening traffic safety and public order.

1. What are penalties for illegal racing in Vietnam?

Individuals engaged in illegal racing in Vietnam will be subject to administrative penalties or criminal prosecution with the following penalties:

Administrative Penalties

According to Article 34 Decree 100/2019/ND-CP (amended by Clause 19 Article 2 Decree 123/2021/ND-CP), the act of illegal racing will be subject to administrative penalties as follows:

- A fine ranging from VND 1,000,000 to VND 2,000,000 for any of the following violations:

+ Gathering to cheer, incite acts of driving vehicles exceeding speed limits, swerving, weaving, chasing on roads, or illegal racing.

+ Engaging in illegal races of bicycles, motor-assisted bicycles, pedicabs, animal-drawn vehicles, or riding animals on roads.

- A fine ranging from VND 10,000,000 to VND 15,000,000 for persons participating in illegal motorbike, motorcycle, or electric bike racing.

- A fine ranging from VND 20,000,000 to VND 25,000,000 for persons participating in illegal car racing.

Additionally, vehicle operators may be subject to additional penalties as follows:

- Conduct as specified in Point b Clause 1 Article 34 Decree 100/2019/ND-CP will result in the confiscation of the vehicle (excluding animal-drawn vehicles or riding animals).

- Conduct as specified in Clauses 2, 3 Article 34 Decree 100/2019/ND-CP will result in the revocation of the driver's license from 3 to 5 months and the confiscation of the vehicle.

Criminal Prosecution

Individuals participating in illegal racing can be criminally charged with "illegal racing" as specified in Article 266 of the Criminal Code Việt Nam 2015 (amended 2017):

Frame 1:

Anyone illegally racing cars, motorbikes, or other motorized vehicles causing harm to others in one of the following cases, or who has been administratively sanctioned for the acts specified in this Article or Article 265 Criminal Code Việt Nam 2015, or who has been previously convicted for one of these crimes but has not had the conviction expunged, shall be subject to a fine ranging from VND 10,000,000 to VND 50,000,000, non-custodial reform up to 2 years, or imprisonment from 6 months to 3 years:

- Inflicting injuries or damaging the health of 1 person with an injury rate of 31% to 60%;

- Causing property damage worth from VND 50,000,000 to less than VND 100,000,000.

Frame 2:

Committing the crime in one of the following cases, the offender shall be subject to a fine ranging from VND 50,000,000 to VND 150,000,000, or imprisonment from 3 years to 10 years:

- Causing death;

- Inflicting injuries or damaging the health of 1 person with an injury rate of 61% or more;

- Inflicting injuries or damaging the health of 2 or more persons with a total injury rate of 61% to 121%;

- Causing property damage worth from VND 100,000,000 to less than VND 500,000,000;

- Escaping to evade responsibility or intentionally not aiding victims;

- Participating in betting;

- Resisting persons responsible for maintaining public order and traffic safety or those in charge of dispersing the illegal race;

- At places with crowded populations;

- Removing safety equipment from racing vehicles;

- Committing dangerous recidivism.

Frame 3:

Committing the crime in one of the following cases, the offender shall be subject to imprisonment from 7 years to 15 years:

- Causing the death of 2 persons;

- Inflicting injuries or damaging the health of 2 or more persons with a total injury rate of 122% to 200%;

- Causing property damage worth from VND 500,000,000 to less than VND 1,500,000,000.

Frame 4:

Committing the crime in one of the following cases, the offender shall be subject to imprisonment from 12 years to 20 years:

- Causing the death of 3 or more persons;

- Inflicting injuries or damaging the health of 3 or more persons with a total injury rate of 201% or more;

- Causing property damage worth VND 1,500,000,000 or more.

Additionally, the offender may be subject to a fine ranging from VND 10,000,000 to VND 50,000,000 as an additional penalty.

2. What are some judgments related to illegal racing in Vietnam?

Here are some judgments related to illegal racing judged by the Vietnamese courts:

Judgment 38/2022/HS-ST for illegal racing

- Court: An Minh District People's Court, Kien Giang Province

- Excerpt: On September 27, 2021, in Hamlet 9, D Commune, An Minh District, Kien Giang Province, Vo Vy B1 invited Tang Van B2 and Tang Quoc L4 to race their vehicles on Xuyen A road (Southern Coastal Corridor) to see whose vehicle was faster. L4 and B2 agreed. While B1, B2, and L4 were racing from Phan Linh Bridge back to the starting point, Tang Quoc L4, unable to control his speed, collided with Le Khai L2's motorbike, which was turning around at the crossroads. The collision resulted in the deaths of both Tang Quoc L4 and Le Khai L2 due to traumatic brain injuries.

Judgment 49/2019/HS-PT for illegal racing

- Court: Binh Duong Provincial People's Court

- Excerpt: On September 14, 2017, on Road No. 2 in the University Complex Q, from the militia checkpoint intersection to Tan Company, the defendant Tran Quoc M committed illegal racing. This resulted in the death of victim Vo Minh N and injuries to victims Nguyen Huu T (2% injury), Nguyen Thi Bich H2, and Nguyen Ngoc Gia H3 sustained minor injuries. The motorbikes of the victims were damaged.

At the time the victim N fell down, Tran Van M, who was eating with friends, saw and ran out to check. Tran Van M then kicked the right side and abdomen of victim Vo Minh N twice with his right foot.

Judgment 05/2024/HS-ST for organizing illegal racing

- Court: Cho Gao District People's Court, Tien Giang Province

- Excerpt: On December 27, 2021, on Nguyen Huu H street in Block 1, Zone 2, commune-level town Cho G, Cho Gao District, the police forces of Cho Gao District in cooperation with the Traffic Police Department - Tien Giang Provincial Police discovered a group of youths using various modified motorbikes racing, revving engines, and excessively honking, causing public disorder in the residential area. The police seized 1 pickup truck license plate 63C- M.38 used to transport racing vehicles and 5 various motorbikes.

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