If the borrower violates the alcohol concentration, will the car owner be fined?

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 level for alcohol concentration on motorbikes

Fine from 2 to 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 driving license revocation from 10 to 12 months.

Fines of 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 for 16 - 18 months.

Fines of 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 for 22-24 months.

Penalty level for alcohol concentration in cars

Fine from 6 to 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 to 12 months.

Fines of 16 - 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 for 16 - 18 months.

Fines of 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 for 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 detained vehicles, Point a, Clause 2, Article 16 of Decree 138/2021/ND-CP stipulates: The person who comes to receive the temporarily detained exhibits, vehicles, licenses, and practice certificates must be the violator, or the owner of the temporarily detained exhibits, vehicles, licenses, and practice certificates, or the representative of the administrative violation organization recorded in the decision to temporarily detain exhibits, vehicles, licenses, and practice certificates.

If the owner, organization or individual authorizes another person to come and receive the seized exhibits, means, licenses or practice certificates, they must make a written authorization in accordance with the provisions of law.

Regarding the question “Will the car owner be fined if the person borrowing the car 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 car is not qualified to drive but still hands over the car.

Article 8, Clause 10 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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