What are the fines imposed on motorcycle operators for failure to comply with the order for alcohol content testing in Vietnam?

Are the people, who fails to comply with the order for alcohol content testing in Vietnam, liable to criminal responsibility?

Pursuant to Article 330 of the Criminal Code in 2015 stipulating regulations on resisting a law enforcement officer in performance of his/her official duties as follows:

Resisting a law enforcement officer in performance of his/her official duties

1. Any person who uses violence, threat of violence or otherwise obstructs a law enforcement officer from performing his/her official duties or forces a law enforcement officer to act against the law shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The offender persuades or incites another person to commit the offence;

d) The property damage caused by the offence is assessed at ≥ VND 50,000,000;

dd) Dangerous recidivism.

As regulations above, the act of failure to comply with the order for alcohol content testing in Vietnam can be considered as the act of resisting a law enforcement officer in performance of his/her official duties.

The offender of this violation shall face a penalty of up to 03 years' community sentence or 06 - 84 months' imprisonment. The final sentence shall be decided by the Court.

What are the fines imposed on motorcycle operators for failure to comply with the order for alcohol content testing in Vietnam? - image from internet

What are the fines imposed on car operators for failure to comply with the order for alcohol content testing in Vietnam?

Pursuant to Clause 10 Article 5 of the Decree 100/2019/ND-CP stipulating penalties imposed upon operators of cars and car-like vehicles violating traffic rules as follows:

Penalties imposed upon operators of cars and car-like vehicles violating traffic rules

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10. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Failure to comply with the law enforcement officer’s order for alcohol content testing;

c) Operating vehicles on roads under influence of narcotics;

d) Failure to comply with traffic conductor’s or law enforcement officer’s order for drug testing.

11. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

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h) The violation(s) specified in Clause 10 of this Article shall lead to suspension of driving license from 22 months to 24 months;

As regulations above, a fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon a car operator who fails to comply with the order for alcohol content testing in Vietnam.

What are the fines imposed on motorcycle operators for failure to comply with the order for alcohol content testing in Vietnam?

Pursuant to Article 6 of the Decree 100/2019/ND-CP stipulating penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules as follows:

Penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules

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8. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Release both hands while operating the vehicle; steering with the legs; sitting on one side to operate the vehicle; lying on the seat while operating the vehicle; swapping positions while operating the vehicle; turning the whole body to the back or wearing a blind fold while operating the vehicle;

b) Weaving on public roads whether inside or outside an urban area;

c) Running on one wheel (or two wheel if the vehicle is a motor tricycle);

d) Exceeding the speed limits in a group of 02 vehicles or more;

dd) Failure to stop, protect the scene, inform the authority, or give first aid to the victim after causing an accident;

e) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath;

g) Failure to comply with the law enforcement officer’s order for alcohol content testing;

h) Operating vehicles on roads under influence of narcotics;

i) Failure to comply with traffic conductor’s or law enforcement officer’s order for drug testing.

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10. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

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g) The violation(s) specified in Points e, g, h and i Clause 8 of this Article shall lead to suspension of driving license from 22 months to 24 months;

As regulations above, a fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon a motorcycle operator who fails to comply with the order for alcohol content testing in Vietnam.

In addition, the driving license of the violator shall be suspended from 22 months to 24 months.

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