How many years of imprisonment for driving a car exceeding the speed limits causing a fatal accident in Vietnam?

How many years of imprisonment for driving a car exceeding the speed limits causing a fatal accident in Vietnam?

In Article 260 of the 2015 Penal Code, as amended by Clause 72, Article 1 of the Penal Code Amendment Law 2017, the crime of violating the regulations on road traffic offences is as follows:

1. Any person who violates road traffic rules 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 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment:

a) The offence results in the death of a person;

b) The offence causes ≥ 61% WPI for another person;

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

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

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offender does not have a driving license as prescribed;

b) The offender is under the influence of alcohol and with blood or breath alcohol content above the limit, or under the influence of drugs or other strong stimulants;

c) The offender leaves the site after causing the accident to evade responsibility or refuses to help the victim;

d) The offender fails to comply with the traffic controller's commands;

dd) The offence results in the death of 02 people;

e) The offence causes a total WPI of 122% - 200% for more than one person;

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

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence results in the death of ≥ 03 people;

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

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

4. If a road traffic offence that is likely to have any of the consequences mentioned in Point a, b, c Clause 3 of this Article is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment.

5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

According to this Article, depending on the consequences of the act of driving a car exceeding the speed limits causing a fatal accident and the decision of the Court, the offender may be sentenced to a prison term of from 1 year to a maximum of 15 years according to the law in Vietnam. 

What is compensation for driving a car exceeding the speed limits causing a fatal accident in Vietnam?

In Article 591 of the 2015 Civil Code, damage caused by harm to life is as follows:

1. Damage caused by harm to life shall comprise:

a) Damage caused by harm to life prescribed in Article 590 of this Code;

b) Reasonable funeral costs;

c) Support for the dependants of the aggrieved person;

d) Other damage as prescribed by law.

2. A person causing death to another person must pay compensation for damage as provided in Clause 1 of this Article together with an amount of money as compensation for mental suffering of the closest relatives in the first line of succession to the deceased. If there are no such relatives, this sum shall be paid to the persons who were directly reared by the deceased or to the persons who directly reared the deceased. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed one-hundred-month base salary prescribed in by the State.

Thus, in case of driving a car causing a fatal accident, the violator must pay compensation for damage caused by harm to life in accordance with the law in Vietnam, funeral costs, support for the dependants of the aggrieved person and other sum of money as compensation for mental suffering of the closest relatives in the first line of succession to the deceased. If there are no such relatives, this sum shall be paid to the persons who were directly reared by the deceased or to the persons who directly reared the deceased in accordance with law.

How much is fine for driving a car exceeding the speed limits in Vietnam? 

At Point a Clause 3, Point i Clause 5, Point a Clause 6 and Point c Clause 7 Article 5 of Decree 100/2019/ND-CP as amended by Point dd Clause 34 Article 2 of Decree 123/2021/ND-CP stipulates as follows:

3. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Exceeding the speed limits by from 5 km/h to under 10 km/h;

5. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

i) Exceeding the speed limits by 10 km/h - 20 km/h.

6. 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) Exceeding the speed limits by >20 km/h to 35 km/h;

7. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

c) Exceeding the speed limits by more than 35 km/h.

According to the above regulations in Vietnam, the maximum fine that the violator who drives a car exceeding the speed limits is 12,000,000 VND. Therefore, depending on how much the speed is exceeded, the violator will be fined at the level corresponding to the violation of driving a car exceeding the prescribed speed.

Best Regards!