During this Tet holiday, what is the amount of alcohol one may drink without being fined in Vietnam? What is the penalty for violation against regulations on blood alcohol content for motorbikes? – Thanh Thao (Phu Yen)
What is the amount of alcohol one may drink without being fined in Vietnam? (Internet image)
Regarding this matter, LawNet would like to answer as follows:
Clause 8 Article 8 of the Road Traffic Law 2008, amended by Clause 1 Article 35 of the Law on prevention and control of harmful effects of alcoholic beverages 2019, strictly prohibits the following act:
Operating a vehicle participating in road traffic with any blood alcohol content or breath alcohol concentration.
Concurrently, according to Decree 100/2019/ND-CP (amended by Decree 123/2021/ND-CP), the act of operating a vehicle with a blood alcohol content not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath is still subject to administrative penalties.
Thus, having any amount of alcohol in your blood or breath while operating a vehicle in traffic results in fines.
- Blood alcohol content not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath:
+ Fine ranging from 2 million VND to 3 million VND.
+ Suspension of driving license from 10 months to 12 months.
- Blood alcohol content exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath:
+ Fine ranging from 4 million VND to 5 million VND.
+ Suspension of driving license from 16 months to 18 months.
- Blood alcohol content exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath:
+ Fine ranging from 6 million VND to 8 million VND.
+ Suspension of driving license from 22 months to 24 months.
Legal basis: Point c Clause 6; Point c Clause 7; Point e Clause 8; Point đ Clause 10; Point e Clause 10; Point g Clause 10 Article 6 Decree 100/2019/ND-CP
- Blood alcohol content not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath:
+ Fine ranging from 6 million VND to 8 million VND.
+ Suspension of driving license from 10 months to 12 months.
- Blood alcohol content exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath:
+ Fine ranging from 16 million VND to 18 million VND.
+ Suspension of driving license from 16 months to 18 months.
- Blood alcohol content exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath:
+ Fine ranging from 30 million VND to 40 million VND.
+ Suspension of driving license from 22 months to 24 months.
Legal basis: Point c Clause 6; Point c Clause 8; Point a Clause 10; Point e Clause 11; Point g Clause 11; Point h Clause 11 Article 5 Decree 100/2019/ND-CP
- Damaging roads, bridges, tunnels, ferry piers, traffic lights, traffic posts, signboards, convex mirrors, median strips, drainage systems, and other structures and equipment related to road traffic infrastructure.
- Illegally digging, drilling, cutting roads; placing obstacles on roads; scattering sharp objects or pouring slippery substances on roads; illegally placing materials, waste, or dumping garbage on roads; unauthorized road openings or connections to main roads; encroaching, seizing, or illegally using road land or road safety corridors; unauthorized removal or shifting of drainage cover plates or road structures.
- Illegally using roadbeds, roadsides, or sidewalks.
- Bringing motor vehicles or special-use vehicles failing to meet safety and environmental standards into road traffic.
- Temporarily modifying the main components or parts of motor vehicles to meet technical standards during inspections.
- Racing, promoting, or organizing unauthorized races; engaging in reckless or negligent driving.
- Operating road traffic vehicles while under the influence of drugs.
- Operating vehicles in road traffic with any measurable blood alcohol concentration or breath alcohol concentration.
- Operating motor vehicles without a valid driver's license as required.
- Operating special-use vehicles in road traffic without training certificates on road traffic laws, valid licenses, or certificates for operating special-use vehicles.
- Allowing individuals who do not meet the legal conditions to operate motor vehicles or special-use vehicles in road traffic.
- Operating motor vehicles exceeding speed limits, competing for the right of way, or overtaking dangerously.
- Continuously honking or accelerating noise levels; honking from 22:00 to 05:00, using air horns, or using high-beam lights in urban areas and densely populated regions, except for priority vehicles performing duties as regulated by this law.
- Installing or using unauthorized horns or lights inconsistent with the manufacturer's specifications for each type of vehicle; using audio devices that cause disturbance or disrupt public order.
- Transporting prohibited goods, illegally transporting or failing to comply with regulations on the transport of hazardous goods or wildlife.
- Threatening, insulting, competing for, or soliciting passengers; coercing passengers to use unwanted services; falsely transferring or unloading passengers, or other acts to avoid detection for overloading vehicles or automobilerying more passengers than permitted.
- Conducting business transport operations with motor vehicles without meeting the legal business conditions.
- Fleeing after causing an accident to evade responsibility.
- Failing to assist traffic accident victims when able to do so.
- Infringing upon the life, health, or property of accident victims and the responsible parties.
- Taking advantage of traffic accidents to assault, threaten, incite, or pressure others, causing disorder or hindering the resolution of traffic accidents.
- Abusing one's position, power, or occupation, or those of others to violate road traffic laws.
- Illegally producing, using, or trading in vehicle license plates of motor vehicles or special-use vehicles.
- Violating road traffic regulations or committing other acts that endanger individuals and vehicles participating in road traffic.
(Article 8 of the Road Traffic Law 2008, amended by Clause 1 Article 35 of the Law on prevention and control of harmful effects of alcoholic beverages 2019)
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