Lost Driving License While Participating in Traffic: Will It Be Handled?

Recently, Thu Ky Luat has received numerous questions from our Clients and Members regarding whether they will be penalized when participating in traffic without vehicle documents because the documents were lost. Thu Ky Luat would like to address this concern in the article below.

Illustrative photo

According to the provisions of Clause 1, Article 58 of the 2008 Road Traffic Law, the driver participating in traffic must be of sufficient age, health, and possess a driving license appropriate for the type of vehicle permitted to be operated, issued by a competent state authority.

According to Clause 2, Article 58 of the 2008 Road Traffic Law, the driver, when operating the vehicle, must carry the following documents:

- Vehicle registration;- Driving license for the driver of a motor vehicle;- Certificate of technical safety and environmental protection for motor vehicles;- Civil liability insurance certificate of the motor vehicle owner.

Thus, a driving license is one of the documents that a driver is required to carry when operating a vehicle. In the event that the traffic police require the driver to present the driver's license and the driver cannot present it due to it being lost, the driver will still be dealt with in accordance with the road traffic safety regulations.

To be specific, according to the provisions of Article 21, Decree 46/2016/ND-CP, the driver of a motor vehicle participating in traffic without a driving license will be penalized as follows:

- A fine of VND 80,000 to VND 120,000 for drivers of motorcycles and similar vehicles not carrying a driving license.- A fine of VND 200,000 to VND 400,000 for drivers of cars, tractors, and similar vehicles not carrying a driving license.- A fine of VND 400,000 to VND 600,000 for drivers of cars, tractors, and similar vehicles carrying a driving license that has expired for less than 6 months.- A fine of VND 800,000 to VND 1,200,000 for drivers of motorcycles with a cylinder capacity of less than 175 cm3 and similar vehicles without a driving license or using a driving license not issued by a competent authority, or a tampered license.- A fine of VND 4,000,000 to VND 6,000,000 for drivers of motorcycles with a cylinder capacity of 175 cm3 or more, cars, tractors, and similar vehicles carrying a driving license that is not appropriate for the type of vehicle being operated or has expired for 6 months or more, without a driving license, or using a driving license not issued by a competent authority, or a tampered license.

Legal basis:

2008 Road Traffic Law;

Decree 46/2016/ND-CP.

- Nguyen Trinh -

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