Many of our members have sent questions to the Lawnet asking about penalties for cases of committing more than one traffic violation at the same time. Lawnet would like to answer this issue in the article below.
Article table of contents
Vietnam: Penalties for committing many traffic violations at the same time
Regarding this matter, Lawnet would like to explain with an example for you to understand easier.
Mr. A riding a motorcycle, was blown by the traffic police for driving in a drunken state and passing through a red light. The traffic police checked the alcohol concentration at 0.7 milligram/1 liter of breathing air.
The above evidence shows that Mr. A has committed 02 errors:
1/ Operating a vehicle on the road with an alcohol concentration exceeding 0.4 milligram/1 liter in the blood or breath (Point e, Clause 8, Article 6 of Vietnam's Decree 100/2019/ND-CP). For this error, Mr. A may be fined from VND 6,000,000 to VND 8,000,000, and at the same time deprived of the right to use the driving license from 22 to 24 months (Point g, Clause 10, Article 6).
2/ Running a red light (Point e, Clause 4, Article 6 of Decree 100). For this error, Mr. A may be fined from VND 600,000 to VND 1,000,000, in addition, he will be deprived of the right to use his driving license from 01 month to 03 months (Point b, Clause 10, Article 6).
However, according to the provisions of Clause 4, Article 23 of the Law on Handling of Administrative Violations 2012:
Article 23. Fines
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4. The specific fine level for an act of administrative violation is the average level of the fine frame prescribed for such violation; if there are extenuating circumstances, the fine level may be reduced but not lower than minimum level of the fine frame; if there are aggravating circumstances, the fine may be increased but not higher than the maximum fine level of the fine frame.
Thus, for each violation act, a specific fine level will be applied, which is the average level of the fine bracket prescribed for that act.
So when applying the additional penalty of "deprivation of the right to use the driver's license" in the case of 2 or more acts, what is the penalty?
Pursuant to the provisions of Clause 1, Article 7 of Vietnam's Decree 81/2013/ND-CP:
Article 7. Revoking licenses and practice certificates
1. When an individual or organization commits multiple administrative violations, two violations among which have the same license or practice certificate revoked, the longest duration revocation shall apply.
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In case the violator commits two or more acts and is subject to the sanction of deprivation of the right to use the same type of license, but sanctioned at the same time, the time limit for deprivation of the right to use the license of the act shall be applied with administrative violations with the longest stripping period (ie, not cumulative).
For example, in the case of Mr. A, the period of deprivation of the right to use the applicable driving license will be from 22 months to 24 months.
Above are a few regulations when sanctioning traffic violations in case the violator commits many errors, traffic police comrades and people should pay attention to avoid wrongly fined or unjustly fined.
See also: Fines for common traffic violations during the Lunar New Year 2021
