How long shall a vehicle be impounded if the driver violates the alcohol concentration when participating in traffic in Vietnam?
How long shall a vehicle be impounded if the driver violates the alcohol concentration when participating in traffic in Vietnam? Thank you! - Mr. Cuong (Binh Dinh)
How long shall a vehicle be impounded if the driver violates the alcohol concentration when participating in traffic in Vietnam?
Pursuant to Clause 8 Article 125 of the Law on handling administrative violations in 2012 (amended by Points a and b, Clause 64, Article 1 of the Law on amendments to the Law on handling administrative violations in 2020) stipulating following regulatiuons:
Temporary impoundment of material evidences and/or means of the administrative violations, permits, professional practice certificates according to administrative procedures
...
The period for temporary impoundment of material evidence and means used for commission of administrative violations, licenses or practicing certificates shall not exceed 07 working days from the commencement date; if any case or matter requires the transfer of relevant documents and records to persons having sanctioning authority, the period for temporary impoundment shall not be longer than 10 working days from the commencement date.
The period for temporary impoundment may be extended in the cases prescribed in point b of clause 1 of Article 66 herein, but not exceeding 01 month from the commencement date. In the cases subject to regulations laid down in point c of clause 1 of Article 66 herein, THE period for temporary impoundment may continue to obtain extension, but not exceeding 02 month from the commencement date.
The period for temporary impoundment of material evidence or means used for commission of administrative violations, licenses or practicing certificates shall start from the date on which they are temporarily impounded in reality.
The period for temporary impoundment of material evidence and means of commission of administrative violations, licenses or practicing certificates shall not longer than the limitation period for issue of administrative sanction decisions under the provisions of Article 66 herein. In cases where the temporary impoundment is needed as a way to securing performance of obligations to execute sanction decisions as provided in point c of clause 1 of this Article, the period for temporary impoundment shall expire after completely executing sanction decisions.
The person having the temporary impoundment authority must issue decisions on temporary impoundment or extension of the period for the temporary impoundment of material evidence and means used for commission of administrative violations, licenses or practicing certificates.
As regulations above, the period for temporary impoundment of vehicle for violating alcohol concentration is not more than 7 working days from the date of temporary impoundment.
In cases where the case has to be transferred to the competent authority for punishment, the period for temporary impoundment of vehicle is not more than 10 working days from the date of temporary impoundment.
How long shall a vehicle be impounded if the driver violates the alcohol concentration when participating in traffic in Vietnam? - image from internet
What are the fines imposed on motorcyle operators for violating the alcohol concentration when participating in traffic in Vietnam?
Pursuant to Clauses 6.c, 7.c, 8.e, 10.dd, 10.e, 10.g, 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:
Penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules
...
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:
...
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:
...
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:
...
e) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath;
...
10. Apart from incurring fines, the violating operator shall also incur the following additional penalties:
...
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;
As regulations above, the fines imposed on motorcyle operators for violating the alcohol concentration when participating in traffic in Vietnam are as follows:
|
Fines |
Levels of violation |
Addtional penalties |
|
A fine ranging from VND 2,000,000 to VND 3,000,000 |
- BAC does not exceed 50 mg per 100 ml of blood - BrAC does not exceed 0.25 mg per liter of breath |
Suspension of driving license from 10 months to 12 months |
|
A fine ranging from VND 4,000,000 to VND 5,000,000 |
- BAC exceeds 50 - 80 mg per 100 ml of blood - BrAC exceeds 0.25 - 0.4 mg per liter of breath |
Suspension of driving license from 16 months to 18 months |
|
A fine ranging from VND 6,000,000 to VND 8,000,000
|
- BAC exceeds 80 mg per 100 ml of blood - BrAC exceeds 0.4 mg per liter of breath |
Suspension of driving license from 22 months to 24 months |
What are the fines imposed on bicycle operators for violating the alcohol concentration when participating in traffic in 2024 in Vietnam?
Pursuant to Clauses 1.q, 3.e, 4.c, Article 8 of the Decree 100/2019/ND-CP (amended by Clauses 6 and 34.k, Article 2 of the Decree 123/2021/ND-CP) stipulating penalties imposed upon operators of bicycles, motored bicycles (including electric bicycles), and other non-motorized vehicles violating traffic rules:
Penalties imposed upon operators of bicycles, motored bicycles (including electric bicycles), and other non-motorized vehicles violating traffic rules
1. A fine ranging from VND 80,000 to VND 100,000 shall be imposed upon a vehicle operator who commits any of the following violations:
...
q) 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.
...
3. A fine ranging from VND 300,000 to VND 400,000 shall be imposed upon a vehicle operator who commits any of the following violations:
....
e) Operating a vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood or BrAC exceeds 0.25 - 0.4 mg per liter of breath;
4. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon a vehicle operator who commits any of the following violations:
...
c) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath;
...
As regulations above, the fines imposed on bicycle operators for violating the alcohol concentration when participating in traffic in Vietnam are as follows:
- A fine ranging from VND 80,000 to VND 100,000 shall be imposed on bicycle operators for 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.
- A fine ranging from VND 300,000 to VND 400,000 shall be imposed on bicycle operators for operating a vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood or BrAC exceeds 0.25 - 0.4 mg per liter of breath.
- A fine ranging from VND 400,000 to VND 600,000 shall be imposed on bicycle operators for operating the vehicle while BAC exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath.
Best regards!
