Illegal racing is one of the most common problems in today’s society. This behavior is potentially very dangerous for the racers themselves as well as other road users around. There are many punishments to handle with this kind of behavior depending on their level of seriousness. So about the matter “How is illegal racing handled in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Decree 123/2021/ND-CP
- Criminal Code 2015
Understanding what is illegal racing?
Illegal racing is an activity that causes disorder and unsafety when participating in traffic. Therefore, this behavior can be described as the act of driving a car to participate in racing without the permission of a competent authority. Vehicles used in illegal racing activities are cars, motorbikes or other motor vehicles.
This is behavior constitutive of the following elements:
+ Using vehicles that are speeding, swerving, or swinging. Dangerous for road users.
+ Not having enough protection according to safety standards.
+ There is no separate lane to conduct racing.
+ Competent agencies cannot control and manage, so they cannot ensure social order and safety. Do not get permission from the competent authority when organizing the races.
Therefore, this behavior not only endangers the driver himself, but also affects and is highly dangerous to other road users or nearby properties.
How is illegal racing handled in Vietnam?
Currently, the fines for acts of illegal racing, promoting illegal racing are specified in Article 34 of Decree 100/2019/ND-CP, as amended by Decree 123/2021/ND-CP. CPs are as follows:
No. Behavior Penalties
1 Bicycle racing, motorbike racing, cyclo racing, animal-drawing racing, animal riding illegal racing on roads 01 – 02 million VND Vehicles confiscated (except for animals drawn and riding)
Gathering to cheer and incite the act of driving a car exceeding the prescribed speed, swerving, swinging, chasing each other on the road or illegally racing 01 – 02 million VND
2 Illegal racing of motorcycles, mopeds and electric mopeds 10 – 15 million VND Deprivation of the right to use driving licenses for 3 – 5 months and confiscation of vehicles
3 Illegal car racing 20 – 25 million VND Deprivation of the right to use driving license from 03 – 05 months and confiscation of vehicles
Is illegal racing subject to criminal action?
Not only stopping at administrative sanctions, illegal racing acts can also be prosecuted for criminal liability.
Pursuant to Article 266 of the Penal Code 2015 (amended and supplemented 2017), the crime of illegal racing is prescribed as follows:
This crime only applies to motorcyclists, not to cyclists, cyclo drivers, or animal-drawn riders. As follows:
– Frame 1: Those who illegally race cars, motorbikes or other motorized vehicles causing damage to other people in one of the following circumstances or have been administratively sanctioned for acts of: specified in this Article or Article 265 of this Code or has been convicted of one of these crimes, has not yet had his criminal record remitted but continues to commit it, the offenders shall be subject to a fine of between VND 10,000,000 and 50,000,000, a fine of between VND 10,000,000 and VND 50,000,000, non-custodial reform for up to 02 years or a prison term of between 06 months and 03 years:
+ Inflicting injury or causing harm to the health of 1 person with an injury rate of between 31% and 60%;
+ Causing property damage from VND 50,000,000 to under VND 100,000,000.
– Frame 2: Committing the crime in one of the following circumstances, the racers may be subject to a fine of between VND 50 million and VND 150 million or a prison term of between three and ten years:
+ Causing death;
+ Inflicting injury or causing harm to the health of 1 person with an injury rate of 61% or higher;
+ Inflicting injury or causing harm to the health of 02 or more people with the total injury rate of these persons from 61% to 121%;
– Frame 3: Imprisonment from 07 to 15 years:
+ Killing 02 people;
b) Inflicting injury or causing harm to the health of 02 or more people with a total injury rate of between 122% and 200%;
+ Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.
– Frame 4: Imprisonment from 12 to 20 years:
+ Causing death of 03 people or more;
+ Inflicting injury or causing harm to the health of 03 or more people with a total injury rate of 201% or more of these persons;
+ Causing property damage of VND 1,500,000,000 or more.
In addition, the offender may also be fined from VND 10,000,000 to VND 50,000,000.
How are illegal racing cheers handled?
Article 34, Decree 100/2019/ND-CP (amended by Points a, b, Clause 19, Article 2 of Decree 123/2021/ND-CP) stipulates penalties for administrative violations in the field of traffic Road and railway regulations on penalties for illegal racers and illegal racing promoters are as follows:
1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following violations:
a) Gathering to encourage and incite the act of driving a vehicle beyond the prescribed speed, swerving, swinging, chasing each other on the road or illegally racing;
b) Illegal bicycle racing, motorbike racing, cyclo racing, animal-drawing racing, animal riding on traffic roads.
2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed on those who race motorcycles, mopeds or electric scooters illegally.
3. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on those who race cars illegally.
4. In addition to being fined, vehicle drivers committing violations shall also be subject to the following additional sanctioning forms:
a) Committing the act specified at Point b, Clause 1 of this Article, the vehicle shall be confiscated (except for pulling or riding animals);
b) Committing the acts specified in Clauses 2 and 3 of this Article, the right to use the driving license shall be stripped from 03 to 05 months and the vehicle shall be confiscated.
As such, those who illegally race cars, promote illegal racing may be fined from VND 1,000,000 to VND 25,000,000 and apply additional sanctions according to the provisions cited above depending on the situation for each specific violation.
Traffic police are administratively inspected?
Pursuant to the provisions of Article 3 of Circular No. 01/2016/TT-BCA stipulating the tasks, powers, forms and contents of patrol and control of the Road Traffic Police:
Article 3. Requirements for officers performing the task of patrolling and controlling road traffic
1. Firmly grasp and strictly comply with the provisions of the law on road traffic, this Circular and other relevant laws.
2. To properly, fully and responsibly perform assigned tasks; democratic regulations in the work of ensuring traffic order and safety and the People’s Public Security Regulations.
3. When interacting with the people, the person who commits violations of the law must have a proper attitude and behave in accordance with each inspected object.
4. Detect, prevent and promptly handle violations of the law on road traffic order and safety and other related law violations in strict accordance with the order, procedures and competence. statutory rights.
5. Has been granted a signboard and Certificate of Police patrolling and controlling road traffic according to regulations of the Ministry of Public Security.
Accordingly, the requirements of the ministries in charge of road traffic patrols do not require to carry the document of the deputy head of the district, so you cannot ask the traffic police to show you this document.
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Frequently asked questions
Currently, the highest penalty frame for this crime is 20 years in prison for the consequences of causing death of 03 people or more; causing injury or causing harm to the health of 03 or more people with the total bodily injury rate of these persons 201% or higher or causing property damage of 1.5 billion VND or more.
Encouraging these illegal acts is also a violation and should be handled according to regulations. Not only those who directly drive cars to participate in illegal racing, but also those who gather to encourage this behavior are administratively fined from 1 million to 2 million dong. This behavior is promoting the vi
This criminal offense only applies to motorcyclists such as motorcycles, cars and similar vehicles. Not applicable to cyclists, cyclo riders, and draft animals. Therefore, the vehicle used when racing illegal cars is the basis for determining the acts and crimes committed.
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