What are purposes of developing Decree 168 by the Ministry of Public Security of Vietnam? What is the legal basis for issuing Decree 168?

What are purposes of developing Decree 168 by the Ministry of Public Security of Vietnam? What is the legal basis for issuing Decree 168?​ (Image from the internet)

What are purposes of developing Decree 168 by the Ministry of Public Security of Vietnam?

Decree 168/2024/ND-CP before being issued, was drafted by the Ministry of Public Security for agencies, organizations, and individuals, both domestic and international, to research and provide feedback.

In the draft proposal sent to the Government of Vietnam by the Ministry of Public Security regarding the draft Decree 168/2024/ND-CP on administrative penalties for violations of order and traffic safety in road transportation; point deduction and recovery for driving licenses, the Ministry highlighted the purpose of drafting Decree 168 as follows:

- Fully institutionalize and promptly implement the policies and guidelines of the Communist Party and the State on ensuring road traffic order and safety, and implement the Road Traffic Order and Safety Law 2024;

Contribute to enhancing the effectiveness and efficiency of state management, promptly addressing difficulties and challenges arising in current practices; ensuring safety of life and health for traffic participants, establishing an orderly, disciplined, and safe society, contributing to better ensuring human and citizen rights in accordance with the Road Traffic Order and Safety Law 2024.

- Perfect the system of legal documents on administrative penalties for violations of order and traffic safety in the field of road transportation; provide a legal basis for effective enforcement of administrative penalties; ensure consistency and synchronization in the legal system.

What is the legal basis for issuing Decree 168?

According to the above draft proposal, the Ministry of Public Security also outlined the legal basis for the necessity of issuing Decree 168/2024/ND-CP as follows:

- On June 27, 2024, the 15th National Assembly passed the Road Traffic Order and Safety Law 2024, effective from January 1, 2025. The law supplements new regulations on rules, vehicles, participants in road traffic, state management responsibilities, and duties of agencies, organizations, and individuals related to road traffic order and safety, particularly the regulations on point, point deduction, and recovery of driving licenses.

- The Law on Handling Administrative Violations dated June 20, 2012, and the Law amending and supplementing a number of articles of the Law on Handling Administrative Violations dated November 13, 2020, which regulate the forms of administrative penalties and remedial measures; the authority to impose administrative penalties and apply remedial measures; the procedures for imposing administrative penalties and executing administrative penalty decisions.

- The Identity Law dated June 22, 2023, effective from July 1, 2024. In Clause 1, Clause 3, Article 32 (Connection, Sharing, Exploitation, and Use of Information in the Electronic Identification and Authentication System) it is stipulated: “The information system of state agencies, political organizations, socio-political organizations, and public service providers connect with the electronic identification and authentication system to exploit information of the electronic identity subject for dealing with administrative procedures, public services in the electronic environment, and other state management activities according to the assigned functions and tasks through the electronic identification and authentication platform.

The electronic identity subject exploits, shares their electronic identity information, and other information incorporated into the electronic identification account with other organizations and individuals through the national identification application or another form prescribed by law.

- The Law on Electronic Transactions dated June 22, 2023, effective from July 1, 2024. Clause 3, Article 1 stipulates: In cases where other laws stipulate or do not stipulate, transactions can be conducted by electronic means in accordance with the provisions of this Law. In cases where other laws stipulate that transactions cannot be conducted by electronic means, the provisions of those laws shall apply.

What is the scope of adjustment of Decree 168 on traffic penalties in Vietnam?

According to Article 1 of Decree 168/2024/ND-CP, the scope of adjustment of this Decree is specified as follows:

- Administrative penalties for violations of order and traffic safety in the field of road transportation include: administrative violations; forms, levels of penalties, remedial measures for each administrative violation; authority to draft records, authority to impose penalties, specific fine levels for each title in relation to administrative violations of order and safety in the field of road traffic;

- Level of point deduction on driving licenses for each administrative violation; procedures, authority to deduct points, recover points on driving licenses to manage compliance with laws on road traffic order and safety by drivers.

Note: administrative violations in other state-managed fields related to road traffic order and safety not covered by Decree 168/2024/ND-CP will be subject to the regulations of Decrees on penalties for administrative violations in those fields for penalty imposition.

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