Law on crimes against traffic safety in Vietnam

Hello LSX. Currently, the level of road accidents is becoming higher and higher. Also, tthe situation of driving after using drugs, alcohol, speeding or going in the opposite direction, running red lights is increasing, which leads to danger to themselves and others. around participating in traffic. So about the matter “Law on crimes against traffic safety in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

• Penal Code 2015 amended and supplemented in 2017

What is traffic violation?

Violation of traffic law is understood as an illegal act, at fault of a legally responsible subject that infringes on traffic order and safety and other contents within the scope of regulation of traffic law. pine.

Currently, the legal provisions on traffic are mainly reflected in the Law on Road Traffic 2008 and specific and detailed guiding legal documents. Therefore, the act of infringing upon the contents specified in the above legal documents is considered a violation of the traffic law.

Regulations on crime of infringing on traffic safety

Crimes of infringing upon traffic safety are specified in Chapter XXI of the 2015 Penal Code, which was amended and supplemented in 2017 from Articles 260 to 329 of the Code.

Law on crimes against traffic safety in Vietnam

Pursuant to the provisions of Article 260 on offenses against regulations on participation in road traffic as follows:

1. Those who participate in road traffic and violate regulations on road traffic safety in one of the following circumstances shall be subject to a fine of from VND 30,000,000 to VND 100,000,000, and a fine imprisonment for up to 3 years or imprisonment from 1 to 5 years:

a) Causing death of 01 person or causing injury or causing harm to the health of 01 person with an injury rate of 61% or higher;

b) Inflicting injury or causing harm to the health of 02 people with an injury rate of between 31% and 60% for each person;

c) Inflicting injury or causing harm to the health of 03 or more people with the total injury rate of these persons from 61% to 121%;

d) Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 3 and 10 years of imprisonment:

a) Do not have a driver’s license as prescribed;

b) In the state of using alcohol, beer with an alcohol concentration in the blood or breath exceeding the prescribed level, or using drugs or other strong stimulants that are prohibited by law;

c) Causing an accident and then fleeing to evade responsibility or intentionally not helping the victim;

d) Failure to obey orders of traffic controllers or instructions;

d) Causing death of 02 people;

e) Inflicting injury or causing harm to the health of 2 persons with an injury rate of 61% or higher for each person;

g) Inflicting injury or causing harm to the health of 3 or more people with a total injury rate of between 122% and 200%;

h) Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the crime in one of the following schools, the offenders shall be sentenced to between 07 and 15 years of imprisonment:

a) Causing death of 03 people or more;

b) Inflicting injury or causing harm to the health of 3 people with an injury rate of 61% or higher for each person;

c) Inflicting injury or causing harm to the health of 3 or more people with a total injury rate of 201% or more of these persons;

d) Causing property damage of VND 1,500,000,000 or more.

4. Road users who violate regulations on road traffic safety cause injury or harm to the health of 01 person with an injury rate of between 31% and 60% or cause injury harming the health of 02 or more persons with the total bodily injury rate of these persons between 31% and 60%, the offenders shall be subject to a fine of from VND 30,000,000 to VND 100,000,000 or be subject to re-education. no detention for up to 3 years.

5. Violations against regulations on road traffic safety that are actually likely to result in damage to life, health or property of others if not prevented in time, shall be subject to fines. from 10,000,000 VND to 50,000,000 VND, a non-custodial reform for up to 1 year or a prison term of between 3 months and 1 year.

6. Offenders may also be banned from holding certain posts, practicing certain professions or doing certain jobs from 01 to 05 years.

How is the crime of obstructing road traffic punished?

Article 261 provides for the crime of obstructing road traffic as follows:

1. Those who illegally dig, drill, cut or level road traffic works; illegally placing or leaving materials, waste, garbage, dumping lubricants, sharp objects or other obstacles that obstruct road traffic; dismantling, illegally moving, falsifying, obscuring or destroying road signs, signal lights, focus posts, bridge mirrors, median strips or other road traffic safety devices; illegally open intersections across roads or roads with medians; illegal use of curbs, sidewalks and driveways; Illegally using road safety corridors or violating regulations on traffic safety during construction on roads in one of the following cases, the offenders shall be subject to a fine of between VND 30,000,000 and 100,000,000 dong, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:

a) Causing death of 01 person or causing injury or causing harm to the health of 01 person with an injury rate of 61% or higher;

b) Inflicting injury or causing harm to the health of 2 persons with an injury rate of between 31% and 60% for each person;

c) Inflicting injury or causing harm to the health of 3 or more people with a total injury rate of between 61% and 121%;

d) Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the crime in one of the following circumstances, the offenders shall be subject to a fine of between VND 100,000,000 and 300,000,000 or a prison term of between 02 and 07 years:

a) At passes, slopes, highways or dangerous road sections;

b) Causing death of 02 people;

c) Inflicting injury or causing harm to the health of 2 persons with an injury rate of 61% or higher for each person;

d) Inflicting injury or causing harm to the health of 3 or more people with a total injury rate of between 122% and 200%;

dd) Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 5 and 10 years of imprisonment:

a) Causing death of 03 people or more;

b) Inflicting injury or causing harm to the health of 3 or more people with an injury rate of 61% or higher for each person;

c) Inflicting injury or causing harm to the health of 3 or more people with a total injury rate of 201% or more of these persons;

d) Causing property damage of VND 1,500,000,000 or more.

4. Illegal digging, drilling, sawing and leveling road traffic works; illegally placing or leaving materials, waste, garbage, dumping lubricants, sharp objects or other obstacles that obstruct road traffic; dismantling, illegally moving, falsifying, obscuring or destroying road signs, signal lights, focus posts, bridge mirrors, median strips or other road traffic safety devices; illegally open intersections across roads or roads with medians; illegal use of curbs, sidewalks and driveways; Illegally using road safety corridors or violating regulations on traffic safety during construction on roads, causing injury or harm to the health of 01 person with an injury rate of 31 % to 60% or causing injury or causing harm to the health of 02 or more persons with the total bodily injury rate of these persons between 31% and 60%, the offenders shall be subject to a fine of between VND 30,000,000 and 100,000. .000 VND or non-custodial reform for up to 3 years.

5. Committing the crime if it is not prevented in time, the offenders shall be subject to a fine of between VND 5,000,000 and 20,000.000 VND or non-custodial reform for up to 1 year.

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