If the person who wrote the traffic violation record wrote the wrong name of mine, can I get my motorbike back in Vietnam?

If the person who wrote the traffic violation record wrote the wrong name of mine, can I get my motorbike back in Vietnam?

Pursuant to Clause 3 and Clause 6, Article 58 of the 2012 Law on Handling of Administrative Violations as amended by Clause 29, Article 1 of the 2020 Law on Handling of Administrative Violations, which regulates making records of administrative violations, stipulates:

3. An administrative violation record must contain the following main information:

a) Recording time and venue;

b) Information about the record maker, violating person or entity, individuals or entities involved;

c) Time and location when and where the violation occurs; case or violation description;

d) Testimony of the violator or representative of the violating entity, the witness, the victim or representative of the organization suffering loss or damage;

dd) Injunction and guarantee measures;

e) Rights and duration of explanation.

6. In case any administrative violation record contains errors or does not fully and accurately show the details specified in clauses 3 and 4 of this Article, facts of the administrative violation cases must be verified according to regulations defined in Article 59 of this Law as a basis for issuing sanction decisions. The verification of facts of the administrative violation case shall be documented in a verification report. The verification report serves as a document attached to the administrative violation record and needs to be kept in the sanctioning file.

In order to get your vehicle back, you must apply to confirm your name, address, correct household registration and prove that the violating vehicle belongs to you for settlement. After that, working directly with the police agency, they created an administrative violation record to confirm the erroneous information during the declaration process in Vietnam.

If the person who wrote the traffic violation record wrote the wrong name of mine, can I get my motorbike back in Vietnam? (Image from the Internet)

What is penalty for alcohol concentration when participating in traffic in Vietnam?

Pursuant to Article 6 of Decree 100/2019/ND-CP regulating penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules as follows:

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:

...

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, when participating in traffic and having alcohol in your system, you will be fined and deprived of your right to use. Depending on the alcohol concentration, you will be fined from 2,000,000 VND to 8,000,000 VND and have your use rights revoked from 10 months to 24 months in Vietnam.

Best regards!