The only case of alcohol concentration violation can pay the fine in installments

Lawyer Nguyen Thu Trang (Hung Dao Thang Long Law Office) said that the current penalty for alcohol concentration violations is stipulated in Decree 100/2019/ND-CP (amended in Decree 123/2021/ND-CP).

For motorbikes:

Alcohol concentration not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath: Violators will be fined from 2 million VND to 3 million VND (Point c, Clause 6, Article 6). Driving license will be revoked from 10 months to 12 months (Point d, Clause 10, Article 6).

Exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath. Violators will be fined from 4 million VND to 5 million VND (Point c, Clause 7, Article 6). Driving license will be revoked for 16 to 18 months (Point e, Clause 10, Article 6).

Exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath. Violators will be fined from 6 million VND to 8 million VND (Point e, Clause 8, Article 6). Driving license will be revoked for 22 to 24 months (Point g, Clause 10, Article 6).

The fine for alcohol concentration in cars is as follows:

Alcohol concentration does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath. Violators are fined from 6 million VND to 8 million VND (Point c, Clause 6, Article 5). Driving license is revoked from 10 months to 12 months (Point e, Clause 11, Article 5).

Exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath. Violators will be fined from 16 million VND to 18 million VND (Point c, Clause 8, Article 5). Driver's license will be revoked for 16 to 18 months (Point g, Clause 11, Article 5).

Exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath. Violators will be fined from 30 million VND to 40 million VND (Point a, Clause 10, Article 5). Driver's license will be revoked for 22 to 24 months (Point h, Clause 11, Article 5).

Paying fines multiple times is regulated in Article 79 of the Law on Handling of Administrative Violations 2012. Accordingly:

Multiple payment of fines is applicable when the following conditions are met:

Fines from 20,000,000 VND or more for individuals and from 200,000,000 VND or more for organizations.

Having special economic difficulties and having a request to pay fines in installments. The individual's request must be confirmed by the People's Committee of the commune where the person resides or the agency or organization where the person studies or works to have special economic difficulties; the request of an organization must be confirmed by the directly managing tax authority or the directly superior agency or organization.

The deadline for paying multiple fines is no more than 6 months from the effective date of the penalty decision; the maximum number of fines paid is no more than 3 times.

The first fine payment is at least 40% of the total fine.

The person who issued the decision to impose a fine has the right to decide to pay the fine in installments. The decision to pay the fine in installments must be in writing.

According to Decree 100/2019/ND-CP (amended in Decree 123/2021/ND-CP), there are many levels of penalties for alcohol concentration violations.

However, only the highest penalty, a fine of 30 million to 40 million VND for cars, exceeds the 20 million fine threshold to be applicable for multiple payments.

Other violations are all below the threshold of 20 million VND, so they will not be subject to multiple fines.

Thus, for alcohol concentration violations, the highest level is only for cars violating alcohol concentration, and violators can request to pay fines multiple times.

However, violators must also fully satisfy the conditions prescribed in Article 79 of the Law on Handling of Administrative Violations 2012 (in particularly difficult circumstances) to be allowed to pay multiple fines. Paying multiple fines must be done in accordance with the procedures prescribed by law.