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News analysis · January 9, 2020

Vietnam Traffic Fines: What Decree 100 Changed

By the editorial panel · Vietnam Trusted Brands

Vietnam traffic fines went up sharply on 1 January 2020. The Government issued Decree 100/2019/ND-CP on 30 December 2019, and it took effect on 1 January. It replaces Decree 46/2016/ND-CP. This note covers the biggest change for drivers, riders and companies that run vehicles in Vietnam, which is the cost of drinking and driving.

What changed on 1 January

Decree 100 sets the penalties for road and rail traffic offences. It raises many of the penalties that were set in 2016. The sharpest jump is for drink driving. A driver or rider who is caught now faces a much larger fine and a much longer ban from the road.

The new numbers are easy to see for cars. Under the old rules, a car driver caught with a high alcohol reading lost the licence for 4 to 6 months. Under Decree 100, the same driver loses it for 22 to 24 months. The fine is also much higher.

If you manage a company fleet, brief your drivers now. The fine falls on the driver, but a lost licence can stop a vehicle from working for almost two years.

Sources: Viet Nam Government News, 31 December 2019; Tuoi Tre News, 31 December 2019.

The top alcohol level

The heaviest penalties apply at the top level, which starts above 80 milligrams of alcohol in 100 ml of blood, or above 0.4 milligrams in a litre of breath.

A car driver at this level pays 30 to 40 million dong and loses the licence for 22 to 24 months. A motorbike rider pays 6 to 8 million dong and also loses the licence for 22 to 24 months.

The decree also has lower levels with smaller fines. For motorbike riders, the lowest level, up to 50 milligrams in 100 ml of blood or 0.25 milligrams in a litre of breath, carries a fine of 2 to 3 million dong. The exact fines and suspensions for each level are in the decree text, so read it before you rely on a single figure.

Plain advice for expats: if you plan to drink, do not drive or ride. Book a taxi or a ride-hailing car.

Sources: Viet Nam Government News, 31 December 2019; Tuoi Tre News, 31 December 2019.

Cyclists are now covered

People who ride bicycles after drinking also face a fine under Decree 100. Tuoi Tre News reported on 31 December 2019 that the fine is 400,000 to 600,000 dong. For many expats who cycle home from a bar, this is a new risk.

The amount is far smaller than the fines for cars and motorbikes. Even so, it is a real cost, and it shows that the rules now reach every kind of road user.

Sources: Tuoi Tre News, 31 December 2019.

What drivers and fleet managers should do

Read the fine table once and keep it handy. Set a written rule that no one drives or rides after any drink. A simple rule is easier to follow and easier to enforce than a rule about how many drinks are safe.

Check that each driver carries a valid licence and vehicle papers. Keep a plan for covering a route if a driver loses a licence for many months. With bans of up to 24 months, a spare driver is not a luxury for a company that depends on its vehicles.

Tell expat staff in plain terms. Many arrive from countries where a small amount of alcohol is allowed at the wheel, and they may assume the same here. Share the rule in the languages your staff speak, and repeat it before holidays and company parties, when risk is highest.

Build the rule into your driver contract and your staff handbook, so that nobody can say they were not told. Ask new hires to sign that they have read it, and keep the signed page on file.

Keep records. Note who holds a licence, when it expires, and who may drive company vehicles. If an incident does happen, clear records help you act fast and fairly.

Rules like these can change, so check the full decree text before you act on a single figure. Fines are set by the Government, and officers apply them at the roadside. This note is general information, not legal advice. If a case involves your business, speak to a licensed Vietnamese lawyer.

Sources: Viet Nam Government News, 31 December 2019; Decree 100/2019/ND-CP, signed 30 December 2019.

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Filed January 9, 2020 · All news · Methodology