When do traffic violations result in criminal charges?

While some drivers follow the rules more diligently, others disregard them, creating serious risks for pedestrians and other road users.

This problem has led to questions about whether such violations could result in criminal charges.

Reader Gia Bao asks if traffic offenders in Vietnam can be held criminally liable for their actions:

"Recently, I've noticed a significant improvement in how people follow traffic laws in Vietnam. However, violations like turning right at a red light, riding on sidewalks, or driving against traffic still happen frequently. These actions endanger the violators and pose serious risks to pedestrians and other vehicles on the road. What’s concerning is how some people seem to downplay the fines, believing the chances of them being penalized for the violations are low. Can traffic law violators in Vietnam be held criminally responsible?"

A pedestrian is stopped by a police officer for violating traffic law in Hanoi, Jan. 3, 2025. Photo by VnExpress/Phuong Son

In answer to the question, lawyer Pham Thanh Huu of the Ho Chi Minh City Bar Association explains that traffic law violators currently face administrative penalties under Decree 168, effective Jan. 1, 2025.

However, individuals who commit traffic violations that result in serious harm, such as causing someone's death or inflicting severe injuries, can face criminal charges under Article 260 of the 2015 Penal Code, amended in 2017.

The penalties include:

Fines ranging from VND30 million to 100 million (US$1,185 to 3,950), non-custodial reform up to 3 years, or imprisonment from 1 to 5 years for:

- Causing a fatality

- Inflicting injuries with a 61% or higher body damage rate on one person

- Inflicting injuries on multiple people, with a combined damage rate of 61%-121%

- Causing property damage from VND100 million (US$3,950) to under VND500 million (US$19,755)

If the offense falls under one of the following cases, the violator faces imprisonment from 3 to 10 years:

- Driving without a license

- Operating a vehicle under the influence of alcohol, drugs, or other stimulants

- Fleeing the accident scene or failing to assist the accident’s victims

- Disobeying traffic officers

- Causing two fatalities

- Inflicting injuries on multiple people with a combined damage rate of 122%-200%

- Causing property damage from VND500 million (US$19,755) to under VND1.5 billion (US$59,256)

If the offense involves one of the following severe cases, the violator faces imprisonment from 7 to 15 years:

- Causing three or more fatalities

- Inflicting injuries on multiple people with a combined damage rate exceeding 201%

- Causing property damage of VND1.5 billion (US$59,256) or more

Moreover, violations that could lead to severe consequences—such as violations that can cause fatalities, severe injuries, or property damage exceeding VND1.5 billion (US$59,256)—can also result in fines of VND10 million to 50 million ($395 to 1,975), non-custodial reform up to 1 year, or imprisonment for 3 months to 1 year.

In addition to the main penalties, offenders may face a ban on holding certain positions of work, practicing specific professions, or performing certain jobs for 1 to 5 years.