Decree 168/2024/ND-CP stipulates the sanctioning of administrative violations regarding order and traffic safety in the field of road traffic; deduction of points, restoration of points on driver's licenses issued under the simplified procedures in Vietnam. This Decree was signed and promulgated on December 26, 2024, and takes effect from January 1, 2025.
Decree 168/2024/ND-CP on traffic violations penalties issued under the simplified procedures in Vietnam (Image from the internet)
Article 151 of the Law on Promulgation of Legislative Documents stipulates that legislative documents issued under a simplified procedure may come into effect from the date of approval or signing.
Article 146 of the Law on Promulgation of Legislative Documents outlines the cases for drafting and promulgating legislative documents in a simplified procedure as follows:
Article 146. Cases for drafting and promulgating legislative documents in a simplified procedure 1. Emergency cases as prescribed by the law on emergency status; sudden, urgent situations in disaster prevention, epidemic, fire prevention, and explosion; urgent cases to address issues arising in practice. 2. Cases requiring the suspension of all or part of a legislative document to promptly protect the state's interests, and the legitimate rights and interests of organizations and individuals. 3. Cases requiring immediate amendments to align with newly issued legislative documents; cases requiring immediate issuance of legislative documents to implement related international treaties to which the Socialist Republic of Vietnam is a member. 4. Cases requiring the repeal of all or part of a legislative document that is unlawful or no longer suitable for the socio-economic development situation. 5. Cases requiring the extension of the application period of all or part of a legislative document for a certain period to resolve urgent issues arising in practice. |
Decree 168/2024/ND-CP serves the implementation of the Law on Road Traffic Order and Safety (effective January 1, 2025). In addition to increasing penalties for various intentional and dangerous actions, the decree also clearly specifies the demerit points on driver licenses as already provided in the law.
Prior to this, Decree 100/2019/ND-CP was also promulgated under a simplified procedure. Decree 100/2019/ND-CP was issued on December 30, 2019, effective January 1, 2020, to align with the Law on Prevention of Alcohol Harm 2019.
One of the new points of Decree 168/2024/ND-CP is the regulation on safety devices for children in cars (point m, clause 3, Article 6); commercial transport vehicles for kindergarten children... (point e, clause 4, Article 26 and point b, clause 1, Article 27), which will come into effect on January 1, 2026.
Decree 168/2024/ND-CP also governs the emissions inspection certification for motorcycles and mopeds, to be effective following the legal provisions on environmental protection concerning emissions inspection for motorcycles and mopeds.
The Ministry of Public Security of Vietnam issued Decision 9303/QD-BCA regarding the announcement of newly issued administrative procedures in the field of legal knowledge testing on road traffic order and safety under the authority of the Ministry of Public Security, effective from January 1, 2025.
* The procedure for registering for legal knowledge testing on road traffic order and safety (implemented at central and provincial levels) is as follows:
Step 1: The registrant for legal knowledge testing on road traffic order and safety to restore driver license points prepares a dossier as prescribed by law.
Step 2: The registrant submits the dossier on the National Public Service Portal, the Ministry of Public Security's Public Service Portal, the National Identification Application; directly or via postal services to the Traffic Police Department, Ministry of Public Security, or the Traffic Police Department of the provincial or central-affiliated city.
Step 3: Upon receiving the dossier, the competent authority verifies the legality and content of the dossier.
The Public Service Portal or National Identification Application confirms successful dossier submission, generates a public service code, and forwards the dossier to the management system of the legal knowledge testing on road traffic order and safety. Personnel handling the dossier review the information, data of the dossier, confirm its validity, and notify the public service portal. In direct submission cases, the dossier recipient checks the dossier.
Step 4: The Public Service Portal or National Identification Application notifies via phone message, email, or on the National Identification Application to inform the registrant of the testing time and location. In direct submission cases, the recipient writes an appointment note specifying the testing time and location.
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