Revocation of the right to use licenses and practicing certificates for a definite period in Vietnam under Decree 168/2024

Revocation of the right to use licenses and practicing certificates for a definite period in Vietnam under Decree 168/2024​ (Image from the internet)

Revocation of the right to use licenses and practicing certificates for a definite period in Vietnam under Decree 168/2024

Based on Article 5 of Decree 168/2024/ND-CP regarding the revocation of the right to use licenses and practicing certificates for a definite period:

(1) Licenses and practicing certificates subject to temporary revocation under this Decree include:

- Emblems issued to motor vehicles engaged in transport business;

- Certificates and stamps of technical safety and environmental protection inspection;

- Driving training licenses;

- Driving test licenses;

- Certificates of eligibility for vehicle inspection activities;

- Inspector certificates;

- National driver's licenses; international driver's licenses issued by countries participating in the United Nations Convention on Road Traffic of 1968 (excluding international driver's licenses issued by Vietnam); international driver's licenses recognized by Vietnam under international agreements.

(2) The procedure for revoking the right to use licenses and practicing certificates for a definite period concerning traffic order and safety in the road transport sector is implemented following administrative violation handling regulations.

In cases where an individual commits multiple administrative violations and is penalized at the same time, a fine is imposed for each violation. If a violation leads to both revocation and point deduction of a driver's license, only the revocation penalty is applied.

(3) The starting point for calculating the revocation period of licenses and practicing certificates is as follows:

- If, at the time of issuing the administrative penalty decision, the authorized person has temporarily retained the license or certificate of the violating individual or organization, the revocation period begins when the administrative penalty decision becomes legally effective;

- If the authorized person has not retained the license or certificate at the time of issuing the administrative penalty decision, the penalty is still issued, specifying that the revocation period starts when the violator presents the license or certificate for temporary retention;

- When temporarily retaining and returning the license or certificate under the point (b) of this clause, the authorized person must record and store the administrative violation file.

(4) During the revocation period, if individuals or organizations continue activities stated in the licenses or practicing certificates, they will be penalized as engaging in activities without licenses or certificates.

(5) If the remaining validity of a license or certificate is shorter than the revocation period, the authorized person still issues a penalty decision, applying the revocation form for the violation. During the revocation period, individuals or organizations cannot apply for new, renewed, or reissued licenses or certificates, except as provided in (6).

(6) If revoking a combined driver's license (unlimited for motorcycles and similar, limited for cars and similar), the penalty applies to the unlimited license for motorcycle violations and to the limited license for car violations leading to revocation. During the revocation period, holders of combined licenses can obtain new licenses for categories not under revocation.

(7) If licenses or practicing certificates are issued electronically or as data messages, authorized entities can temporarily retain or revoke them electronically, if technically feasible. This status is updated in databases, electronic identification and other electronic applications per regulations.

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