What are penalties for obstruction of road traffic in Vietnam? What are some judgments related to this offense?

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1. What are penalties for obstruction of road traffic in Vietnam?

According to the provisions of Article 261 of the Criminal Code 2015 (amended and supplemented in 2017) regarding the crime of obstructing road traffic:

Level 1. A fine ranging from VND 30,000,000 to VND 100,000,000, community sentence for up to 03 years or imprisonment from 06 months to 03 years: Whoever illegally digs, drills, cuts, fills road works; illegally places, deposits, discharges materials, wastes, sharp objects, slippery substances, or other obstacles that obstruct road traffic; unauthorized removal, movement, distortion, concealment or destruction of road traffic signs, signal lights, barriers, mirrors, medians, or other road traffic safety equipment; unauthorized opening of intersections on roads with medians; illegal use of road shoulders, sidewalks, carriageways, road safety corridors; or violate regulations on ensuring traffic safety when constructing on roads, causing damage to others in one of the following cases:

- Causing death;

- Causing injury or harm to the health of one person with an injury rate of 61% or more;

- Causing injury or harm to the health of two or more persons with a total injury rate of these persons ranging from 61% to 121%;

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

Level 2. A fine ranging from VND 100,000,000 to VND 300,000,000 or imprisonment from 02 years to 07 years for committing the offense in one of the following cases:

- At passes, slopes, highways, or dangerous road sections;

- Causing the death of two persons;

- Causing injury or harm to the health of two or more persons with a total injury rate ranging from 122% to 200%;

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

Level 3. Imprisonment from 05 years to 10 years for committing the offense in one of the following cases:

- Causing the death of three or more persons;

- Causing injury or harm to the health of three or more persons with a total injury rate of these persons 201% or more;

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

At the same time, obstructing road traffic in cases where there is a realistic possibility of leading to the consequences specified in one of the points a, b, and c, Clause 3, Article 261 of the Criminal Code 2015 (amended and supplemented in 2017) if not promptly prevented, shall be fined from VND 5,000,000 to VND 20,000,000 or community sentence for up to 01 year.

Thus, under Vietnamese criminal law, the highest penalty for the crime of obstructing road traffic is imprisonment from 5-10 years if causing the death of three or more persons, causing serious injury to multiple persons, or causing large property damage exceeding VND 1.5 billion.

Even if no serious consequences have been caused but there is a likelihood of occurrence, one shall still be fined or subjected to community sentence.

2. What are judgments related to the crime of obstructing road traffic in Vietnam?

Judgment on the crime of obstructing road traffic No. 24/2022/HS-ST

- Level of trial: First instance

- Adjudicating agency: People’s Court of Dam Doi District, Ca Mau Province

- Extracted content: On October 4, 2021, Mr. Tran Xuan M, Deputy Director of MKH Group Company, directed the construction of wind power tower foundation in Ca Mau. During construction, Mr. M directed the spreading of fabric encroaching 20.3m onto the asphalt road to serve the project. On October 5 and 6, 2021, Mr. M bought stones and contacted people to spread fabric and pour stones but did not set up barriers or signs.

On the night of October 8, 2021, Mr. Nguyen Van U, while riding a motorbike, collided with an oncoming motorbike driven by Mr. Le Hoang Lieu. When Mr. U fell off the road, he was run over by Mr. Lieu's bike leading to immediate death. The scene examination results and forensic conclusion determined the cause of Mr. U’s death was due to severe traumatic brain injury. Mr. M was prosecuted by the Procuracy for the crime of "Obstructing road traffic."

Judgment on the crime of obstructing road traffic No. 34/2022/HS-ST

- Level of trial: First instance

- Adjudicating agency: People’s Court of Hung Ha District, Thai Binh Province

- Extracted content: On December 10, 2021, Mr. Pham Van D called to buy 16 cubic meters of sand from Mr. Pham Van T to renovate the family grave. At 17:00 on the same day, Mr. T transported and sold the sand to Mr. D. Under Mr. D's direction, Mr. T poured the sand into two piles on the village road in H, without taking measures to ensure traffic safety. At 21:00 on the same day, Ms. Nguyen Thi H rode a motorbike into the sand pile, fell, and sustained a traumatic brain injury leading to death. The assessment concluded that Ms. H's cause of death was due to a traumatic brain injury. Mr. D was prosecuted by the Procuracy for the crime of "Obstructing road traffic."

Judgment on the crime of obstructing road traffic No. 41/2021/HS-ST

- Level of trial: First instance

- Adjudicating agency: People’s Court of K district, Ninh Binh Province

- Extracted content: On September 27, 2020, Mr. Vu Dinh T drove a tractor-trailer carrying 20 pallets of bricks to K commune, K district, Ninh Binh to deliver goods to Mr. Cao Van T4. Since Mr. T4 was not home, Mr. T operated Mr. T4's family forklift to unload bricks on the shoulder of National Highway 10. During the unloading, Mr. T obstructed the lane, leading to Mr. Mai Van C and Mr. Hoang Van Q riding two motorbikes colliding with the car driven by Mr. Pham Minh D. Subsequently, Mr. D's car crashed into the right side of the forklift operated by Mr. T. As a result, three motorbike riders died. Mr. T was injured, and the vehicles were damaged valued at over VND 154 million. The Procuracy prosecuted the defendant Vu Dinh T for the crime of "Obstructing road traffic."

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