Speaking with Lao Dong, lawyer Nguyen Thu Trang, Hung Dao Thang Long Law Office, said that the Ministry of Public Security is currently seeking comments on the Draft Decree regulating administrative sanctions for violations of traffic order and safety in the field of road traffic; deducting points and restoring points on driving licenses.
This draft proposes to reduce the penalty for alcohol concentration.
Accordingly, the fine for alcohol concentration violations for motorbikes, scooters and similar vehicles (motorbikes) (Article 8 of the Draft Decree) is as follows:
Driving on the road with alcohol concentration in blood or breath not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath: Fine from 400,000 VND to 600,000 VND.
Driving on the road with blood or breath alcohol concentration exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath: Fine from 4,000,000 VND to 5,000,000 VND.
Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath: Fine from 6,000,000 VND to 8,000,000 VND.
In addition, the draft also stipulates the penalty for alcohol concentration violations for cars and similar vehicles (Article 7 of the Draft Decree) as follows:
Driving on the road with alcohol concentration in blood or breath not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath: Fine from 800,000 VND to 1,000,000 VND.
Driving on the road with blood or breath alcohol concentration exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath: Fine from 16,000,000 VND to 18,000,000 VND.
Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath: Fine from 30,000,000 VND to 40,000,000 VND.
Thus, according to the draft, the fine for alcohol violations has been reduced for both motorbikes and cars. However, it will not take effect until at least January 1, 2025.
Mr. Pham Van Truong expressed through the Ministry of Public Security's information portal: What is the current penalty for drivers with alcohol concentration in their blood or breath?
Responding to this issue, in August 2024, the Ministry of Public Security said:
Clause 6, Article 5 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer stipulates: Driving a vehicle with alcohol concentration in the blood or breath is strictly prohibited.
Drivers of vehicles with alcohol concentration in their blood or breath will be punished according to the provisions of Decree No. 100/2019/ND-CP dated December 30, 2019 of the Government (amended and supplemented by Decree No. 123/2021/ND-CP dated December 28, 2021 of the Government), specifically as follows:
For drivers of cars and similar vehicles:
A driver on the road with a blood or breath alcohol concentration that does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath shall be fined from 6,000,000 VND to 8,000,000 VND; and his/her driving license shall be revoked for 10 to 12 months.
A driver on the road with a blood or breath alcohol concentration exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath shall be fined from 16,000,000 VND to 18,000,000 VND; his/her driving license shall be revoked for 16 to 18 months.
A driver on the road with a blood or breath alcohol concentration exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath shall be fined from 30,000,000 VND to 40,000,000 VND; and his/her driving license shall be revoked for 22 to 24 months.
For drivers of motorbikes, mopeds (including electric motorbikes) (motorbikes)
A driver on the road with a blood or breath alcohol concentration that does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath shall be fined from VND 2,000,000 to VND 3,000,000; and his/her driving license shall be revoked for 10 to 12 months.
A driver on the road with a blood or breath alcohol concentration exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath shall be fined from 4,000,000 VND to 5,000,000 VND; his/her driving license shall be revoked for 16 to 18 months.
A driver on the road with a blood or breath alcohol concentration exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath shall be fined from 6,000,000 VND to 8,000,000 VND; and his/her driving license shall be revoked for 22 to 24 months.
