In Vietnam, the vehicle is taken when the record of penalty for the wrong name is specified?
In Vietnam, the vehicle is taken when the record of penalty for the wrong name is specified or not?
Pursuant to Clause 3 and Clause 6 Article 58 of the Law on Actions against administrative violations 2012 amended by Clause 29 Article 1 of the Law on Actions against administrative violations dated 2020:
3. A written record of administrative violation must have the following principal contents:
a/ Time and place of making the record;
b/ Information on the record maker, violating individual or organization and related agencies, organizations and persons;
- c) Time and location of occurrence of violation; description of case and act of violation;
- d) Statements of violators or representatives of the violating organizations, witnesses, victims or representatives of the damaged organizations;
- dd) Measures to prevent and guarantee the handling of administrative violations;
- e) Rights and time limit for explanation.
- In case a written record of administrative violation contains errors or does not fully and accurately show the details specified in Clauses 3 and 4 of this Article, the case shall be verified under Article 59 of this Law as a basis for issuing a sanctioning decision. The verification of circumstances of administrative violations shall be recorded in writing. The verification record is the document attached to the record of administrative violation and is kept in the dossier of sanction.
For the back of their vehicles, the friends shall have to make applications for certification of the names, addresses and household registration books' accuracy and to prove that the means under the ownership of the friends for settlement. Then, to work directly with the police offices which have issued administrative sanctioning records in order to re-confirm the erroneous information in the declaration process.
In Vietnam, the vehicle is taken when the record of penalty for the wrong name is specified?
Pursuant to Article 6 of the Decree No. 100/2019/ND-CP prescribing the penalties on operators of motorcycles and mopeds (including electric motorcycles) and motorcycle-like vehicles violating traffic rules as follows:
- A fine of VND 2,000,000 - VND 3,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:
...
- c) Driving on the road that his/her blood or breath has alcohol concentration but not exceeding 50 milligram/100 milliliters of blood or not exceeding 0.25 milligram/1 liter of gas.
- A fine of VND 4,000,000 - VND 5,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:
...
- c) Driving on the road that driver's blood or breath has alcohol concentration exceeding 50 milligram to 80 milligram/100 milliliters of blood or exceeding 0.25 milligram to 0.4 milligram/1 liter of gas.
- A fine of VND 6,000,000 - VND 8,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:
...
- e) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;
- Apart from fines, the operators that commit the violations shall also incur the following additional penalties:
...
- dd) The driving license shall be suspended for 10 – 12 months in case of commitment of any of the violations specified in Point c Clause 6 of this Article;
- e) The violation(s) specified in Point c Clause 7 of this Article shall lead to suspension of the driving license for 16 – 18 months;
- g) The violation(s) specified in Point e, Point g, Point h, Point i Clause 8 of this Article shall lead to suspension of the driving license for 22 – 24 months.
Thus, when participating in traffic, in friends with alcoholic contents, friends will be fined and deprived of the right to use.
Best regards
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