Proposed Point Calculation Method for Driver License in Vietnam (Latest)

Recently, the Government of Vietnam submitted to the National Assembly 05 Draft Laws on Ensuring Road Traffic Order and Safety with many changes compared to the previous draft. Notably, there are regulations related to the point calculation on driver licenses.

Driver's  license

Point Calculation Method for Driver License in Vietnam​ (Illustrative image)

Article 44 of the 05 Draft Laws on Ensuring Road Traffic Order and Safety has clearly stated the deduction and addition of points on the driver license in Vietnam as follows:

Point Deduction Point Addition

- Deducting points from the driver license is a measure of state administrative management (not a form of administrative penalty) applied to drivers who violate road traffic order and safety regulations.
- If a driver license is deducted of all points, 6 months from the date of full point deduction, the driver, if wishing to be issued a new driver license, must retake the examination.
Article 62 of the previous Draft stipulated:
 

2. In cases where all points are deducted, the driver license will no longer be valid. The driver wishing to be reissued a new driver license must attend training and retake the examination as in the case of the first issuance of the driver license, at least 6 months from the date the driver license is no longer valid. Any fraudulent actions affecting the point deductions on the driver license will be strictly dealt with according to the law.

A driver license with remaining points will be restored to 12 points after the following 12 months.

This new regulation fully complies with the spirit of Resolution 123/NQ-CP dated August 31, 2020, the Government of Vietnam has agreed on the following two contents:

- The regulation on points of the driver license is an administrative management measure (not a form of administrative penalty) whereby the driver license is granted 12 points per year. If, within one year, all points are deducted, the driver must retake the driver license test. If not all points are deducted, the driver should be re-granted 12 points to apply for the following year or if there are no violations within one year, points must be added, meaning there should be a form to add back (or restore) points to the driver license annually. Based on that, the Government of Vietnam will specify the authority, grounds, procedures, ensuring simplicity, reasonableness, and avoiding inconvenience for the citizens;

- The Draft Law sets out principles; the Government of Vietnam will detail the actions, groups of actions violating road traffic order and safety that are deprived of the right to use a driver’s license in the relevant administrative penalty decree.

Additionally, Article 39 of 05 Draft Laws on Ensuring Road Traffic Order and Safety, stipulates the points on the driver license will be encoded with electronic information.

Specifically, the driver license includes information fields in both Vietnamese and English: First name, Last name, other names; date of birth; place of birth; issuance date; expiration date of the license;... and residential information of the license holder, issuance date for each type of vehicle, driving training facility, driving license issuing authority, points of the driver license, and other information will be encoded with electronic information on the driver license and driver’s license management software.

It can be seen that the latest Draft has more specifically regulated the mechanism for point deduction and addition on the driver license, in line with the spirit agreed upon by the Government of Vietnam in Resolution 123/NQ-CP dated August 31, 2020. However, this is still a content that continues to be subject to public consultation.

Le Vy

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