In Which Cases is a Driver's License Suspended? Can You Continue to Drive if Your License is Temporarily Suspended?

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When can a driver's license be temporarily seized?

According to the provisions of Clause 2, Article 82, Decree 100/2019/ND-CP (amended by Point b, Clause 32, Article 2, Decree 123/2021/ND-CP), in order to ensure the implementation of administrative sanctions or to verify circumstances as a basis for sanctioning decisions, the authorized person may decide to temporarily seize vehicles and documents related to the operator and the violating vehicle under the provisions of Clause 6 and Clause 8, Article 125 of the Law on Handling of Administrative Violations (amended, supplemented in 2020).

When documents are temporarily seized as prescribed in Clause 6, Article 125 of the Law on Handling of Administrative Violations 2012, if the violator does not arrive at the office of the authorized person to resolve the violation within the set time period, and continues to operate or bring the vehicle into traffic, they will be sanctioned for lacking documents.

Under what circumstances are driver's licenses temporarily seized? If your driver's license is seized, can you continue to drive?

How long can a driver's license be temporarily seized?

According to the provisions of Clause 8, Article 125 of the Law on Handling of Administrative Violations 2012 (amended by Point b, Clause 64, Article 1 of the Law on Handling of Administrative Violations Amendments 2020), the duration of temporary seizure of a driver's license is as follows:

- The detention period for a driver's license is not more than 07 working days from the date of seizure; in cases where the file must be transferred to the competent authority for sanctioning, the detention period is not more than 10 working days from the date of seizure.

- The detention period may be extended in the following cases:

+ For cases where individuals or organizations require explanations or where circumstances need to be verified, the detention period may be extended but not more than 1 month from the date of seizure.+ For cases of particularly serious nature or with complex details requiring additional time for verification and evidence collection, the detention period may be extended but not more than 2 months from the date of seizure.

- The detention period for a driver's license is calculated from the actual date of detention.

- The detention period for a driver's license does not exceed the time limit for making an administrative sanctions decision as stipulated in Article 66 of the Law on Handling of Administrative Violations.

In case of temporary seizure to ensure the implementation of a sanction decision as stipulated in Point c, Clause 1, Article 125 of the Law on Handling of Administrative Violations, the detention period ends when the sanction decision is fully implemented.

- The authorized person must issue a decision to detain, extend the detention period for the violating vehicle, license, and professional certificates.

Can you drive if your driver's license is temporarily seized?

Based on Clause 2, Article 82, Decree 100/2019/ND-CP (amended by Point b, Clause 32, Article 2, Decree 123/2021/ND-CP), it is stipulated as follows:

Temporarily seizing vehicles, documents related to the operator and the violating vehicle

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2. To ensure the implementation of administrative sanction decisions or to verify circumstances as a basis for issuing sanction decisions, the competent authority may decide to temporarily seize vehicles and documents related to the operator and the violating vehicle based on Clauses 6 and 8 of Article 125 of the Law on Handling Administrative Violations (amended, supplemented in 2020). When documents are temporarily seized as prescribed in Clause 6, Article 125 of the Law on Handling of Administrative Violations, if the violator does not arrive at the office of the authorized person to resolve the violation within the set period mentioned in the administrative violation record, and continues to operate or bring the vehicle into traffic, they will be sanctioned for lacking documents.

Thus, during the time a driver's license is temporarily seized, driving is still permitted. However, if the violator does not resolve the issue within the set period stated in the administrative violation record, and continues to drive, they will be sanctioned as if they were driving without documents.