06 overlapping points between 02 draft laws on road traffic in Vietnam

Law on Road Traffic Order and Safety

Law on amendments to the Law on Road Traffic

1. Regulations on the revocation of the driver license

Clause d of Point 4, Article 46 stipulates the revocation of the driver license when it is deducted to zero points.


To be specific:, points on the driver license are recorded in Article 47, where the license has 12 points for 12 months from the issuance date. If:


- The driver license is deducted to zero points, after 6 months from the date of deduction, the driver, if needing a new license, must retake the test;

- The remaining points on the driver license will be restored to 12 points after the next 12 months.


= > revocation of the driver license when it is deducted to zero points.

Clause 5 of Article 101 stipulates that the driver license will be invalid and withdrawn if it is suspended 4 times or more within 3 years or has a total suspension period of more than 24 months.


= > revocation of the driver license upon suspension.

2. Regulations on the use of headlights

Article 25 only stipulates the rules for using the lights of vehicles in traffic

Article 27, besides general regulations on headlight usage, also limits the time for using headlights. To be specific:


Vehicles participating in traffic at night (from 7:00 PM of the previous day to 5:00 AM of the following day) or when it is dark or foggy, or in bad weather with limited visibility, must turn on the lights specified in Clause 1 of this Article.


Additionally, Article 27 adds regulations that vehicles must turn on identification lights all day:


Throughout the day, motorcycles, mopeds, electric bicycles, and electric motorcycles when participating in traffic must turn on identification lights equipped according to the manufacturer's design or must turn on at least one front light and one red rear light

3. Regulations on using horn signals

Clause 2 of Article 26 stipulates the use of horn signals: Horns are not to be used from 10:00 PM of the previous day to 5:00 AM in urban areas, densely populated areas, except for priority vehicles on duty as stipulated.

Article 28 regulates the use of horn signals but does not specify the time of use, only addressing:


- The sound emitted from the horn signals of vehicles should not be longer than necessary.


- Loud horns are not to be used near hospitals, schools.

4. Regulations on carrying passengers in cargo vehicles

Article 33 stipulates that carrying passengers in cargo vehicles is allowed 

Clause 1 of Article 30 stipulates that only passengers in the cargo area of cargo vehicles are allowed 

Hence, it needs to be clarified whether carrying passengers in cargo vehicles or in the cargo area of cargo vehicles is permitted

5. Exceptional cases
where motorcycle, moped, and electric bike drivers are allowed to carry 02 passengers:

Clause 1 of Article 16 stipulates the following 04 exceptional cases:


- Transporting sick people for emergency;


- Escorting individuals violating the law;


- Children under 14 years old;


- Elderly, disabled people

Article 39 stipulates only 03 exceptional cases:


- Transporting sick people for emergency;


- Escorting individuals violating the law;


- Children under 14 years old

6. Regulations on stopping and parking 

Article 23 stipulates as follows:
 

1. Stopping is the temporary stationary state of a vehicle for the necessary time to allow people to get on or off, load or unload goods, and check the vehicle's technical conditions.
    
2. Parking is the stationary state of a vehicle without a time limit.
   
   
   = > Article 23 does not limit the time for stopping or parking.

1. Article 24 stipulates as follows:
    
2. Stopping is the stationary state of a vehicle for no more than 5 minutes and the driver does not leave the control position, except when getting out to open or close the door, load or unload goods, and check the vehicle's technical conditions.
    
3. Parking is the stationary state of a vehicle that is not stopping.
   
   
   => Article 24 records the maximum stopping time as 5 minutes