Regarding this issue, Articles 5 and 6 of Decree 100/2019 (amended and supplemented by Decree 123/2021) stipulate that the penalty for alcohol concentration for motorbikes and cars will depend on the alcohol concentration measured per 100 milliliters of blood or 1 liter of breath. Specifically:
Penalty for alcohol concentration on motorbikes
Fine from 2 - 3 million VND if alcohol concentration does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath. Additional penalty is revocation of driving license from 10 - 12 months.
Fine from 4 - 5 million VND if alcohol concentration exceeds 50 milligrams to 80 milligrams/100 milliliters of blood or exceeds 0.25 milligrams to 0.4 milligrams/1 liter of breath. Additional penalty is revocation of driving license from 16 - 18 months.
Fine from 6 - 8 million VND if alcohol concentration exceeds 80 milligrams/100 milliliters of blood or exceeds 0.4 milligrams/1 liter of breath. Additional penalty is revocation of driving license from 22 - 24 months.
Penalty for alcohol concentration in cars
Fine from 6 - 8 million VND if alcohol concentration does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath. Additional penalty is revocation of driving license from 10 - 12 months.
Fine from 16 to 18 million VND if alcohol concentration exceeds 50 milligrams to 80 milligrams/100 milliliters of blood or exceeds 0.25 milligrams to 0.4 milligrams/1 liter of breath. Additional penalty is revocation of driving license from 16 to 18 months.
Fine from 30 - 40 million VND if alcohol concentration exceeds 80 milligrams/100 milliliters of blood or exceeds 0.4 milligrams/1 liter of breath. Additional penalty is revocation of driving license from 22 - 24 months.
In addition, according to Decree 100/2019/ND-CP, amended and supplemented by Decree 123/2021/ND-CP, all traffic violations involving alcohol concentration can result in vehicle detention and the maximum period of vehicle detention is 7 days.
Regarding the handling of temporarily seized vehicles, Point a, Clause 2, Article 16 of Decree 138/2021/ND-CP stipulates: The person who comes to receive the temporarily seized exhibits, vehicles, licenses, and practice certificates must be the violator, or the owner of the temporarily seized exhibits, vehicles, licenses, and practice certificates, or the representative of the administrative violation organization recorded in the decision to temporarily seize exhibits, vehicles, licenses, and practice certificates.
If the owner, organization or individual in violation authorizes another person to come and receive the seized exhibits, means, licenses or practice certificates, a written authorization must be made in accordance with the provisions of law.
Regarding the question “Will the owner of the vehicle be fined if the person borrowing the vehicle violates the alcohol concentration?”, currently there is only a regulation to fine the driver of the vehicle who violates the alcohol concentration. The vehicle owner will only be fined in the case where he knows that the person borrowing the vehicle is not qualified to drive and still hands over the vehicle.
Clause 10, Article 8 of the 2008 Road Traffic Law strictly prohibits the act of "handing over motor vehicles and specialized motorbikes to people who are not qualified to drive vehicles on roads".
Minh Hoa (t/h)
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