Decree 168/2024/ND-CP stipulating the penalties for administrative violations regarding order and traffic safety in the field of road transportation; deduction of points, restoration of points on driver licenses in Vietnam
Decree 168/2024/ND-CP stipulating the penalties for administrative violations regarding order and traffic safety in the field of road transportation; deduction of points, restoration of points on driver licenses in Vietnam
On December 26, 2024, the Government of Vietnam issued Decree 168/2024/ND-CP stipulating the following issues:
- Sanctions for administrative violations regarding order and traffic safety in the field of road traffic, including: acts of administrative violations; forms, levels of sanctions, measures to remedy consequences for each administrative violation; authority to draw up records, authority to impose sanctions, specific fines according to each title for administrative violations regarding order and traffic safety in the field of road traffic.
- License point deduction levels for each administrative violation; procedures, authority to deduct points, restore license points to manage compliance with road traffic order and safety laws by the driver.
Decree 168/2024/ND-CP is effective from January 1, 2025, except for point m of clause 3, Article 6, point e of clause 4, Article 26, point b of clause 1, Article 27 Decree 168/2024/ND-CP, which is effective from January 1, 2026.
Furthermore, point b of clause 1, Article 32 Decree 168/2024/ND-CP is effective according to the environmental protection law regulations on motor vehicle emission testing.
Decree 168/2024/ND-CP stipulating the penalties for administrative violations regarding order and traffic safety in the field of road transportation; deduction of points, restoration of points on driver licenses in Vietnam (Image from the Internet)
What are the forms of administrative sanctions in the field of road traffic in Vietnam?
Based on Article 3 of Decree 168/2024/ND-CP stipulating forms of administrative sanctions, measures to remedy consequences; revocation of licenses, practicing certificates:
Article 3. Forms of administrative sanctions, measures to remedy consequences; revocation of licenses, practicing certificates
- For each administrative violation regarding order and traffic safety in the field of road traffic, violating individuals or organizations must bear one of the following main sanction forms:
a) Warning;
b) Fine;
c) Confiscation of means used for administrative violations.
- Depending on the nature and severity of the violation, individuals or organizations committing administrative violations regarding order and traffic safety in the field of road traffic may also be subjected to one or more of the following additional sanction forms:
a) Temporary revocation of the right to use licenses or practicing certificates;
b) Temporary suspension of operations;
c) Confiscation of administrative violation evidence, means used for administrative violations if not already applied as a main sanction form as specified in point c, clause 1 of this Article.
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According to the above regulation, the forms of administrative sanctions in the field of road traffic are as follows:
[1] Main sanction forms
- Warning
- Fine
- Confiscation of means used for administrative violations
[2] Additional sanction forms
- Temporary revocation of the right to use licenses or practicing certificates
- Temporary suspension of operations
- Confiscation of administrative violation evidence, means used for administrative violations if not already applied as a main sanction form
[3] Measures to remedy consequences
- Forced restoration to the original state altered due to administrative violations, except for measures to remedy consequences
- Forced implementation of measures to remedy environmental pollution caused by administrative violations
- Forced re-export of vehicles out of Vietnam
- Forced surrender of illicit gains obtained from committing administrative violations
- Forced dismantling of objects obstructing road traffic signs, traffic lights
- Forced installation of complete or replacement of compliant equipment, technical standards, or restoration of the technical functionality of vehicles or equipment according to regulations or removal of non-conformable additional installations
- Forced issuance of driver identification cards to drivers as per regulations
- Forced organization of training, guidance on professional exercises, processes or organizing periodic health checks for drivers and service personnel on vehicles as per regulations
- Forced installation of journey monitoring devices, devices recording drivers' images, seatbelts, seats for preschool children, primary school students, specialized tools, equipment for rescue, and rescue support on vehicles according to compliance
- Forced removal of audio, lighting equipment installed on vehicles causing disorder, traffic safety on roads
- Forced provision, update, transmission, storage, and management of information, data from journey monitoring devices, driver image recording devices installed in vehicles as per regulations
- Forced adjustment of indices on vehicle odometers that have been altered
- Forced restoration of brand names, paint colors recorded in the vehicle registration certificate according to regulations
- Forced compliance with vehicle license plate regulations, regulations on lettering or numbering license plates, information on vehicle sides, doors, regulations on paint color, recognizable signs of vehicles
- Forced restoration of the original shape, size, technical safety condition of the vehicle, and re-inspection before releasing the vehicle for traffic participation
- Forced implementation of adjustments for vehicle bodies according to current compliance, re-inspection, and adjustment of permissible cargo weight recorded in the safety technical inspection certificate and environmental protection according to current regulations before releasing the vehicle for traffic participation
- Forced performance of procedures to change, revoke, issue new, issue vehicle registration certificates, license plates, safety technical inspection certificates, and environmental protection certificates as per regulations
- Forced surrender of altered, amended licenses or certificates making content incorrect
- Forced return of vehicles to Special Economic and Trade Zones, International Border Gate Economic Zones
What is the statute of limitations for sanctions on administrative violations regarding order and traffic safety in the field of road traffic in Vietnam?
Based on Article 4 of Decree 168/2024/ND-CP stipulating the statute of limitations for administrative sanctions; completed administrative violations, ongoing administrative violations:
Article 4. Statute of limitations for administrative sanctions; completed administrative violations, ongoing administrative violations
- The statute of limitations for administrative sanctions regarding order and traffic safety in the field of road traffic is 1 year.
- The period for using results collected by specialized means, technical equipment, means, technical equipment provided by individuals or organizations to determine individuals or organizations in violation is calculated from the time the specialized means' technical equipment of individuals or organizations recorded the results until the last day of the statute of limitations for administrative sanctions for violations specified in clause 1, Article 6 of the Law on Handling Administrative Violations.
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The statute of limitations for administrative sanctions regarding order and traffic safety in the field of road traffic is 1 year.
