What are cases of revocation of driver's licenses in Vietnam from June 1, 2024? – Minh Ngoc (Da Nang)
06 cases of revocation of driver's license in Vietnam from June 1, 2024 (Image from the Internet)
Regarding this matter, LawNet would like to answer as follows:
On March 31, 2024, the Minister of Transport issued Circular 05/2024/TT-BGTVT amending the Circular related to road transport, road transport support services, vehicles, and drivers.
Cases of revocation of driver's license include:
(1) The driver cheats to obtain a driver's license;
(2) The driver erases, modifies, falsifies information on the driver's license;
(3) Letting others use their driver's license;
(4) The competent authority issues it to an unqualified individual;
(5) Errors in one of the information about the full name, date of birth, nationality, place of residence, license category, issuance value, date of passing, the signatory;
(6) Through health examination, the competent authority detects drugs in the driver's body (excluding the acts handled as stipulated in point c and d, clause 10, Article 5; point h and i, clause 8, Article 6 of Decree 100/2019/ND-CP)
(Clause 14, Article 33, Circular 12/2017/TT-BGTVT, as amended by Circular 05/2024/TT-BGTVT)
Handling cases where driver's licenses are revoked from June 1, 2024, as follows:
- driver's licenses revoked under provisions (1), (2), (4), and (6) are invalid. The driver's license management agency updates the violation data into the driver's license information system from the date of detecting the violation. Additionally, violators must bear legal responsibility and are not reissued a driver's license for 05 years from the date the violation is detected. If they wish to be reissued a driver's license, they must undergo training and examination as per the first-time issuance procedures.
- driver's licenses revoked under provision (3), one year from the effective date of the revocation decision, individuals may register with the Department of Transport to retake the examination as stipulated in clause 4, Article 21 of Circular 12/2017/TT-BGTVT, as amended by Circular 05/2024/TT-BGTVT;
- driver's licenses revoked under provision (5) proceed as follows: valid or expired for less than 03 months driver's licenses follow the provisions of Article 38 of this Circular; expired for more than 03 months driver's licenses follow the provisions of clause 1, Article 36 of Circular 12/2017/TT-BGTVT, as amended by Circular 05/2024/TT-BGTVT.
(Clause 16, Article 33, Circular 12/2017/TT-BGTVT, as supplemented by Circular 05/2024/TT-BGTVT)
The competent authority for issuing driver's licenses follows the procedure below:
- The head of the competent authority for issuing driver's licenses issues a revocation and cancellation decision. The decision clearly states the reason for revocation and cancellation;
- Within 05 working days from the date of receiving the revocation of driver's license decision, the driver must submit the revoked driver's license to the revoking authority, and the competent authority for issuing driver's licenses is responsible for revoking and canceling the issued driver's license as per regulations;
- In case the competent authority for issuing driver's licenses has merged, split, separated, or dissolved, the authority responsible for revoking and canceling driver's licenses is the one managing the original driver's license records.
(Clause 15, Article 33, Circular 12/2017/TT-BGTVT, as supplemented by Circular 05/2024/TT-BGTVT)
More details can be found in Circular 05/2024/TT-BGTVT which comes into effect in Vietnam from June 1, 2024.
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