How is illegal racing handled criminally?

Illegal racing is an activity that causes disorder and unsafety when participating in traffic. Therefore, this behavior can be described as the act of driving a vehicle to participate in a race without permission from the competent authority. The means used in illegal racing activities are cars, motorbikes or other types of vehicles with engines.

The crime of illegal racing is regulated in Article 266 of the 2015 Penal Code, amended and supplemented in 2017 as follows:

1. Anyone who illegally races cars, motorbikes or other motor vehicles causing damage to others in one of the following cases or has been administratively sanctioned for the acts specified in this Article or Article 265 of this Code or has been convicted of one of these crimes, has not had his/her criminal record expunged and continues to commit the violation, shall be subject to a fine of from VND 10,000,000 to VND 50,000,000, non-custodial reform for up to 02 years or imprisonment from 06 months to 03 years:

a) Causing injury or damage to the health of 01 person with a body injury rate of 31% to 60%;

b) Causing property damage from VND 50,000,000 to under VND 100,000,000.

2. Committing a crime in one of the following cases shall be subject to a fine of from VND 50,000,000 to VND 150,000,000 or imprisonment from 03 years to 10 years:

a) Causing death;

b) Causing injury or damage to the health of 01 person with a body injury rate of 61% or more;

c) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 61% to 121%;

d) Causing property damage from VND 100,000,000 to under VND 500,000,000;

d) Fleeing to avoid responsibility or intentionally not helping the victim;

e) Participate in betting;

g) Resisting the person responsible for ensuring traffic order and safety or the person responsible for dispersing illegal car races;

h) In densely populated areas;

i) Remove safety equipment from the racing vehicle;

k) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 to 15 years:

a) Killed 02 people;

b) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 122% to 200%;

c) Causing property damage from 500,000,000 to under 1,500,000,000 VND.

4. Committing a crime in one of the following cases shall be punishable by imprisonment from 12 to 20 years:

a) Causing the death of 03 people or more;

b) Causing injury or damage to the health of 03 or more people, with the total body injury rate of these people being 201% or more;

c) Causing property damage of VND 1,500,000,000 or more.

5. Offenders may also be fined from 10,000,000 to 50,000,000 VND.