What is fine for operating a motorbike under the influence of alcohol in 2024 in Vietnam? If I drink alcohol and cause a fatal traffic accident in Vietnam, what crime will I be prosecuted for?

Is there a proposal to handle criminal liability for drivers with influence of alcohol while operating vehicle in Vietnam?

At the seminar "Harmful effects of alcohol and beer on road traffic participants" organized by the Ministry of Public Security in coordination with the Ministry of Health on January 29, 2024, the Chief of Office of the National Traffic Safety Committee proposed Propose criminal sanctions against drivers who violate extremely serious alcohol levels (exceeding level 3) even though there are no consequences.

Specifically, current law stipulates that drivers with alcohol concentrations at level 3 (over 0.4 mg/liter of breath or over 80 mg/100 ml of blood), no matter how high, still receive the same penalty. This is not completely consistent with the basic principle of administrative sanctions, which is that the penalty is commensurate with the severity of the violation.

Therefore, the Chief of Office of the National Traffic Safety Committee proposed to regulate what level is "especially serious" that causes the driver to completely lose control and be handled according to Clause 4, Article 260 of the Criminal Code 2015.

The Standing Committee of National Defense and Security said: the above proposal has been taken into account when agencies develop criminal law. The Penal Code has added aggravating provisions for drivers of vehicles with alcohol levels that cause accidents. However, in reality, authorities still have to rely on the level of damage to life, health and property to consider the elements that constitute a crime, as a basis for criminal prosecution.

According to current regulations, relevant authorities need to send documents to the Supreme People's Court. Based on the recommendations of the authorities about a number of particularly serious violations, including particularly serious violations of alcohol concentration, if not prevented promptly, they can threaten people's lives, the Council of Judges of the Supreme People's Court studies to consider and decide to issue documents guiding the implementation of Clause 4, Article 260 of the Criminal Code 2015

It is expected that the bill will be considered and passed by the National Assembly at its mid-2024 session.

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What is fine for operating a motorbike under the influence of alcohol in 2024 in Vietnam? If I drink alcohol and cause a fatal traffic accident in Vietnam, what crime will I be prosecuted for? (Image from the Internet)

What is fine for operating a motorbike under the influence of alcohol in 2024 in Vietnam? 

Pursuant to Point c, Clause 6; Point c Clause 7; Point e Clause 8; Point dd, point e, point g, Clause 10, Article 6 of Decree 100/2019/ND-CP stipulating penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules:

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

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6. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

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c) Operating a vehicle under the influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath;

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

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c) Operating the vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood, or BrAC exceeds 0.25 - 0.4 mg per liter of breath.

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:

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

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

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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, a motorbike driver under the influence of alcohol in his/her blood or breath will be fined as follows:

If I drink alcohol and cause a fatal traffic accident in Vietnam, what crime will I be prosecuted for? 

Pursuant to Article 260 of the Criminal Code 2015 amended by Clause 72, Article 1 of the Law Amending the 2017 Criminal Code, which stipulates road traffic offences:

Road traffic offences

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.

Thus, anyone participating in road traffic who drinks beer and causes a fatal accident will be prosecuted for criminal liability for violating regulations on road traffic participation in Vietnam.

Violators of regulations on road traffic may be fined from 30,000,000 VND to 100,000,000 VND, sentenced to community sentence for up to 03 years or imprisoned from 01 year to 15 years.

In addition, the offender may also be banned from holding certain positions, practicing certain professions or doing certain jobs for from 01 year to 05 years in Vietnam.

Best regards!