How much is fine for riding a motorbike causing a traffic accident and then failure to stop in Vietnam?

How much is fine for riding a motorbike causing a traffic accident and then failure to stop in Vietnam?

In Clause 1, Article 38 of the 2008 Road Traffic Law, responsibilities of individuals, agencies and organizations when traffic accidents occur:

1. Operators and persons directly involved in a traffic accident shall:

a/ Immediately stop their vehicles; keep unchanged the conditions at the site of the accident; give first aid to the victims and show up at the request of competent agencies;

b/ Remain on the scene of the accident until the arrival of the police, except for cases in which the operator has also been injured and must be carried for emergency medical treatment or has to carry the victim for emergency medical treatment or his/ her life is threatened, but shall later report himself/ herself to the nearest police office;

c/ Provide true information on the accident to competent agencies.

According to Clauses 8 and 10, Article 6 of Decree 100/2019/ND-CP as amended by Point c, Clause 35, Article 2 of Decree 123/2021/ND-CP providing for penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules:

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.

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

a) The violation(s) specified in Point g Clause 2 of this Article shall lead to confiscation of the warning device(s) installed illegally;

b) The violation(s) specified in Points b, e and i Clause 3; Points e, g and h Clause 4; Clause 5 of this Article shall lead to suspension of driving license from 1 month to 3 months;

c) The violation(s) specified in Point a Clause 6; Points a and b Clause 7; Points a, b, c and d Clause 8 of this Article shall lead to suspension of driving license from 2 months to 4 months; repetition or multiple violations of offence(s) specified in Points a, b, c and d Claus 8 of this Article shall lead to suspension of driving license from 3 months to 5 months and confiscation of vehicle. Committing violation(s) specified in Points a, g, h, k, l, m and q of Clause 1; Points b, d, e, g, l and m of Clause 2; Points b, c, k and m of Clause 3; Points dd, e, g and h of Clause 4 of this Article and causing accidents shall lead to suspension of driving license from 2 months to 4 months;

d) The violation(s) specified in Point b Clause 6; Point dd Clause 8; Clause 9 of this Article shall lead to suspension of driving license from 3 months to 5 months;

dd) The violation(s) specified in Point c Clause 6 of this Article shall lead to suspension of driving license from 10 months to 12 months;

e) The violation(s) specified in Point c Clause 7 of this Article shall lead to suspension of driving license from 16 months to 18 months;

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;

Thus, according to the above regulations in Vietnam, when the driver of a vehicle causes an accident, he must stop the vehicle and keep the scene. If the man riding a motorbike has hit you but still runs away, the man is breaking the law. 

That man will be fined from VND 6,000,000 to VND 8,000,000. In addition, the man was also deprived of the right to use his driving license from 3 to 5 months.

How many years of imprisonment for operating motorcycles and causing the death of a person in Vietnam? 

Pursuant to Article 260 of the 2015 Penal Code as amended by Clause 72, Article 1 of the 2017 Penal Code Amendment, road traffic offences are 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.

Therefore, motorcyclists who cause fatal traffic accidents may be prosecuted for criminal liability according to the above provisions in Vietnam. The maximum penalty for this crime is 15 years in prison.

Best Regards!