Are Cars Overdue for Inspection by 5 Days Subject to Temporary Detention?

May I ask, in the case of a car whose inspection has expired by 5 days, will the vehicle be temporarily held? I hope you can advise me.

Point c Clause 4 and Point a Clause 6 Article 16 of Decree 100/2019/ND-CP stipulate penalties for operators of cars (including trailers or semi-trailers being towed) and similar types of vehicles violating regulations on the condition of the vehicle when participating in traffic as follows:

  1. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following violations:

c) Operating a vehicle with a Certificate or technical safety and environmental protection inspection stamp that has expired for less than 01 month (including trailers and semi-trailers);

  1. In addition to the monetary fine, the vehicle operator committing the violation shall be subject to the following additional penalties:

a) Performing the acts specified in Point a, Point b Clause 3; Clause 4; Point a, Point e Clause 5 of this Article shall result in the revocation of the driver's license for a period ranging from 01 month to 03 months.

A truck driver whose registration is overdue by 05 days will be fined from VND 2 million to VND 3 million and have their driver's license revoked for 01 to 03 months.

Additionally, Point e Clause 1 Article 82 of Decree 100/2019/ND-CP stipulates the temporary seizure of vehicles and related documents of the operator and violating vehicles as follows:

To immediately prevent administrative violations, the person with authority to impose penalties is allowed to temporarily seize the vehicle for up to 07 days before issuing a penalty decision for the violations stipulated at the Articles, Clauses, and Points below of this Decree and must comply with the regulations at Clause 2 Article 125 of the Law on Handling Administrative Violations:

Point a, Point b, Point c, Point d Clause 4; Point d, Point e, Point f Clause 5 Article 16.

=> Thus, in the case of operating a car with an overdue registration of 05 days, the vehicle will be temporarily seized for up to 07 days before issuing the penalty decision.

Sincerely!

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