Commencement date of the period for the revocation of driver license in Vietnam in 2025

Commencement date of the period for the revocation of driver license in Vietnam in 2025 (Image from the internet)

On December 26, 2024, the Government of Vietnam issued Decree 168/2024/ND-CP stipulating administrative penalties for violations of road traffic safety and order; points deduction, points recovery for the driver license.

Commencement date of the period for the revocation of driver license in Vietnam in 2025

The commencement date for calculating the duration of suspension of license or practice certificate is as follows:

- In cases where at the time of issuing the decision to penalize administrative violations, the competent authority has already temporarily seized the license, practice certificate of the violating individual, organization, the commencement will be the time the administrative penalty decision becomes effective;

- In cases where, at the time of issuing the decision to penalize administrative violations, the competent authority has not yet temporarily seized the license, practice certificate of the violating individual, organization, the competent authority still issues an administrative penalty decision in accordance with the prescribed violations.

The penalty decision must clearly state that the effective time for the execution of the additional penalty of license or practice certificate suspension is from the moment the violator presents the license, practice certificate for temporary seizure by the competent authority;

- When holding and returning a suspended license or practice certificate according to the above provisions, the competent authority must make a record and file it in the administrative violation penalty file.

Note:

-  During the suspension period of the license or practice certificate, if the individual or organization continues performing activities recorded in the license or practice certificate, they shall be penalized as acting without a license or practice certificate.

- In cases where the individual, organization subjected to the administrative penalty has the remainder of the license or practice certificate duration less than the suspension period, the competent authority still issues a penalty decision applying license or practice certificate suspension in accordance with the violation.

During the suspension period of the license, practice certificate, the individual, organization is not allowed to apply for a new, replacement, or reissue of the license, practice certificate, except in the cases mentioned below.

- In cases of suspension of an integrated driver license without a time limit (for motorbikes, similar vehicles) and with a time limit (for cars, similar vehicles, four-wheeled passenger vehicles with engines, four-wheeled cargo vehicles with engines), the competent authority applies a suspension on the unlimited license when the operator of motorbikes or similar vehicles commits an administratively penalized act with a specified suspension of the driver license. During the suspension period, the person with an integrated driver license may apply for, replace the driver license that has not been suspended.

- In cases where the license or practice certificate is issued in electronic form or displayed as a data message, the agency or competent person shall temporarily seize, suspend it electronically if infrastructure, technical, and information conditions are met.

The temporary seizure or suspension of use is updated to the database state, electronic identity card, electronic identification account, and other electronic information applications as prescribed.

(Sections 3, 4, 5, 6, 7 Article 5 Decree 168/2024/ND-CP)

Statute of limitations for administrative penalties; completed, ongoing administrative violations in Vietnam

According to Article 4 Decree 168/2024/ND-CP:

- The statute of limitations for administrative penalties in road traffic order and safety is 01 year.

- The duration for utilizing results obtained through technical means, devices provided by individuals, organizations to identify violators is calculated from the time such means, devices of individuals, organizations record the results until the last day of the penalty statute of limitations for violations as outlined in Section 1, Article 6 Law on Handling Administrative Violations 2012.

Beyond the specified duration without a penalty decision, results obtained through means, devices provided by individuals, organizations become invalid. In cases where individuals, organizations intentionally evade, obstruct penalty imposition, the duration for utilizing results obtained is recalculated from the cessation of evasive or obstructive actions.

- Completed, ongoing administrative violations

+ Determining completed, ongoing administrative violations to calculate the statute of limitations for administrative penalties follows the regulations on handling administrative violations;

+ For violations discovered through technical means, devices provided by individuals, organizations: the end time of the violation is calculated from when the technical means, devices record the violation.

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