How much is fine for driving cars exceeding the speed limits by 10 km/h in Vietnam?
How much is fine for driving cars exceeding the speed limits by 10 km/h in Vietnam? How much is fine for giving 1 million to traffic polices to ignore the error in Vietnam? Is there a penalty of imprisonment for giving 1 million to traffic polices to ignore the error in Vietnam?
Hello. Last week, when I drove my car back to my hometown, I was asked to stop by the traffic police because of exceeding the speed limits by 10 km/h. The police made a record of sanctioning me, I immediately took 1 million and gave it to the police so they could ignore it, but they added to the record as a fine for giving bribes to on-duty officers. Please ask, how much is fine if I drive a car exceeding the speed limit of 10km/h? How much is fine if I give 1 million to the traffic police to ignore the error? Is there a penalty of imprisonment for giving 1 million to the traffic police to ignore the error?
Hope you can help me, thank you.
How much is fine for driving cars exceeding the speed limits by 10 km/h in Vietnam?
In Clause 5, Article 5 of Decree 100/2019/ND-CP as amended by Point dd Clause 34 and Point a Clause 36 Article 2 Decree 123/2021/ND-CP stipulates on penalties imposed upon operators of cars and car-like vehicles violating traffic rules:
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:
a) Failure to comply with the traffic lights;
b) Failure to obey the orders or instructions of the traffic conductor or traffic guard;
c) Entering a blocked road or restricted area; going against traffic direction of a one-way road or a road where a “Cấm đi ngược chiều” (No entry) sign is erected, except for the violations specified in Point a Clause 8 of this Article and emergency vehicles on duty;
d) Overtaking in cases where overtaking is not permitted, overtaking in roads erected with signs prohibiting operated vehicles from overtaking; failure to signal before overtake; overtaking on the right of other vehicles in case not allowed to, except cases in which roads with multiple lanes with same direction of motion separated by road markings where vehicles on lanes on the right are faster than vehicles on lanes on the left;
dd) Failure to keep the vehicle to the right; going in the wrong lane (along or against traffic direction) except for cases specified in Point c Clause 4 of this Article; crossing the median strip; going on a sidewalk unless for entering a house;
e) Avoiding oncoming traffic against regulations and law, except for violations of using high beam when avoiding oncoming traffic specified in Point g Clause 3 of this Article; failure to yield to oncoming traffic as per the law in narrow or steep sections or in case of obstacles;
g) Failure to obey the rules when entering or leaving the freeway; going in the emergency lane or on the shoulder of the freeway; changing lanes on a freeway at inappropriate positions or without signals; failure to keep a safe following distance on the freeway;
i) Exceeding the speed limits by 10 km/h - 20 km/h.
In addition, at Point b Clause 11 Article 5 of Decree 100/2019/ND-CP as amended by Point c Clause 34 and Point a Clause 36 Article 2 Decree 123/2021/ND-CP stipulates as follows:
11. Apart from incurring fines, the violating operator shall also incur the following additional penalties:
a) The violation(s) specified in Point e Clause 4 of this Article shall lead to confiscation of the warning device(s) installed illegally;
b) The violation(s) specified in Point dd Clause 2; Points h and i Clause 3; Clause 4; Points a, b, d, dd, g, and i Clause 5 of this Article shall lead to suspension of driving license from 1 month to 3 months;
Thus, if you have the act of driving a car exceeding the speed limit of 10km/h, you may be fined from VND 4,000,000 to VND 6,000,000 in accordance with the law in Vietnam. Besides, you are also deprived of the right to use your driving license from 01 month to 03 months.
How much is fine for giving 1 million to traffic polices to ignore the error in Vietnam?
Clause 3, Article 21 of Decree 144/2021/ND-CP stipulates acts of obstructing or resisting inspection, examination and control of on-duty officers or giving bribes to on-duty officers as follows:
3. A fine of from VND 6.000.000 to VND 8.000.000 shall be imposed for any of the following violations:
a) Using force or threatening to use force against the on-duty officers;
b) Causing damage to property and/or facilities of the state agencies or the on-duty officers;
d) Giving bribes (money, property, other material benefits or intangible benefits) to on-duty officers.
According to this Article, if you have the act of giving 1 million VND to the traffic police to ignore the fine, you may be fined from 6,000,000 VND to 8,000,000 VND according to the provisions of the law in Vietnam.
Is there a penalty of imprisonment for giving 1 million to traffic polices to ignore the error in Vietnam?
In Clause 1, Article 364 of the 2015 Penal Code, the crime of giving bribes is as follows:
1. Any person who directly or through an intermediary gives or promises to give any of the following benefits to an office holder or another person or organization in order to influence him/her to perform or not to perform certain tasks in the interests of or at the request of the bribe giver shall be liable to a fine of from VND 20,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) Money, property or other tangible benefits assessed at from VND 2,000,000 to under VND 100,000,000;
b) Intangible benefits.
According to the above regulations in Vietnam, those who have acts of giving bribes of 2,000,000 or more will be liable for criminal prosecution. Therefore, the fact that you give 1 million to the traffic police to ignore the error may not face a penalty of imprisonment. However, you will still be administratively sanctioned for the above behavior.
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