What are the penalties for illegal racing in 2024 in Vietnam?
What are the penalties for illegal racing in 2024 in Vietnam?
Based on Article 266 of the Criminal Code 2015 (amended by Clause 78, Article 1 of the Law Amending the Criminal Code 2017) on the crime of illegal racing:
Article 266. The crime of illegal racing
- Whoever illegally races cars, motorcycles, or other motor vehicles, causing harm to others under one of the following circumstances, or having been administratively sanctioned for the acts specified in this Article or Article 265 of this Code, or having been convicted of one of these crimes without having the conviction expunged, and continues to violate, shall be fined from 10,000,000 VND to 50,000,000 VND, subject to community sentence for up to 2 years or imprisonment from 6 months to 3 years:
a) Causes injury or harm to the health of one person with a body injury rate from 31% to 60%;
b) Causes property damage from 50,000,000 VND to under 100,000,000 VND.
[...]
- Committing the crime in one of the following cases shall be sentenced to imprisonment from 12 years to 20 years:
a) Causes the death of 3 or more people;
b) Causes injury or harm to the health of 3 or more people, with the total body injury rate of these individuals being 201% or higher;
c) Causes property damage of 1,500,000,000 VND or more.
- The offender can also be fined from 10,000,000 VND to 50,000,000 VND.
According to the above provisions, any person who illegally races cars, motorcycles, or other motor vehicles causing harm to others under one of the following circumstances shall bear criminal responsibility for the crime of illegal racing:
[1] Under one of the following circumstances:
- Racing causes injury or harm to the health of one person with a body injury rate from 31% or more
- Racing causes property damage from 50,000,000 VND or more
[2] Having been administratively sanctioned for illegal racing or organizing illegal racing or having been convicted without the conviction expunged and continues to violate.
The offender of illegal racing may be subjected to community sentence for up to 2 years or imprisonment from 6 months to 20 years depending on the level of violation. Additionally, the offender may also be fined from 10,000,000 VND to 50,000,000 VND.
What are the penalties for illegal racing in 2024 in Vietnam? (Image from Internet)
What are monetary fines for illegal racing in Vietnam?
According to Article 34 of Decree 100/2019/ND-CP (amended by Clause 19, Article 2 of Decree 123/2021/ND-CP) on penalties for illegal racers and those encouraging illegal racing:
Article 34. Penalties for illegal racers and those encouraging illegal racing
1. A fine of 1,000,000 VND to 2,000,000 VND for any of the following violations:
a) Gathering to encourage, incite the act of driving at excessive speed, weaving, zigzagging, chasing on the road, or illegal racing;
b) Illegally racing bicycles, mopeds, pedicabs, animal-drawn vehicles, or animal racing on roads.
2. A fine of 10,000,000 VND to 15,000,000 VND for illegally racing motorcycles, mopeds, or electric bikes.
3. A fine of 20,000,000 VND to 25,000,000 VND for illegally racing cars.
4. In addition to fines, the driver committing the violation shall also be subject to the following additional penalties:
a) Engaging in violations specified in point b, clause 1 of this Article shall result in confiscation of the vehicle (except for animal-drawn vehicles, riding);
b) Engaging in violations specified in clauses 2 and 3 of this Article shall result in the revocation of the driving license for 03 months to 05 months and vehicle confiscation.
Any person involved in illegal racing shall be subject to administrative penalties as follows:
(1) A fine of 1,000,000 VND to 2,000,000 VND for illegal racing of bicycles, mopeds, pedicabs, animal-drawn vehicles, animal racing on roads.
(2) A fine of 10,000,000 VND to 15,000,000 VND for illegal racing of motorcycles, mopeds, or electric bikes.
(3) A fine of 20,000,000 VND to 25,000,000 VND for illegal racing of cars.
(4) In addition to fines, the vehicle operator committing a violation shall be subject to the following additional penalties:
- Engaging in the illegal racing of bicycles, mopeds, pedicabs, or illegal racing on roads shall result in vehicle confiscation (except for animal-drawn vehicles, riding);
- Engaging in violations specified in (2), (3) shall result in the revocation of the driving license for 03 months to 05 months and vehicle confiscation.
At what age is a person prosecuted for the offense of illegal racing in Vietnam?
Based on Article 12 of the Criminal Code 2015 (amended by Clause 3, Article 1 of the Law Amending the Criminal Code 2017) on the age of criminal responsibility:
Article 12. Age of criminal responsibility
- A person from full 16 years of age shall bear criminal responsibility for all crimes, except for crimes which this Code provides otherwise.
- A person from full 14 years of age to under 16 years of age shall bear criminal responsibility for very serious crimes, particularly serious crimes as specified in one of the Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, and 304 of this Code.
Thus, the subject of the crime of illegal racing is a person from full 16 years of age and has full criminal liability capacity. However, a person from full 14 years of age to under 16 years of age in the following cases shall bear criminal responsibility for the crime of illegal racing:
- Causes death
- Causes injury or harm to the health of one person with a body injury rate of 61% or more
- Causes injury or harm to the health of two or more people, with the total body injury rate of these individuals from 61% or more
- Causes property damage from 100,000,000 VND or more
- Flees to evade responsibility or deliberately does not assist the victim;
- Participates in gambling
- Resists someone who is responsible for ensuring traffic order and safety or a person responsible for dispersing illegal races
- At a densely populated area
- Removes safety devices from the racing vehicle
- Dangerous recidivism
