Title: Can a Reissued Driver's License be Requested by Reporting it Lost after Being Revoked?

From the time Decree 100/2019/ND-CP took effect, it has contributed to reducing the number of traffic accidents caused by alcohol consumption. Additionally, the significant extension of the driver's license suspension period has made many people cautious. However, some individuals appear "cunning" by reporting their driver's licenses as lost in order to obtain a reissue, leading to a situation where one person possesses multiple driver's licenses or becomes indifferent to legal regulations. So, does the government have any measures to address this situation?

False Declarations for Reissuance of Driving License

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First and foremost, it must be affirmed that making untruthful and fraudulent declarations to have a driving license reissued is an act of law violation. If detected, this act can be fined up to 5,000,000 VND.

To be specific: Point g, Clause 3, Article 37 of Decree 100/2019/ND-CP stipulates fines from 3,000,000 VND to 5,000,000 VND for the following acts:

g) An individual who makes false declarations or uses fake documents and materials to study, take tests, and have new driving licenses or traffic law knowledge certificates reissued;

Besides the fine, any fake documents or materials used in the aforementioned violation will also be confiscated as stipulated in Point d, Clause 9, Article 37 of Decree 100/2019/ND-CP.

Moreover, the law is stringent for cases of false declarations to have a driving license reissued. If detected, such individuals will not be allowed to have a driving license reissued for a period of 5 years.

To be specific: Point b, Clause 19, Article 1 of Circular 38/2019/TT-BGTVT amends Circular 12/2017/TT-BGTVT stipulates:

19. ... Clause 14, Article 33 is amended as follows: ...

b) Clause 14, Article 33 is amended as follows:

“14. Persons who erase or alter information on their driving licenses; use fake driving licenses or driving record files; use reported lost driving licenses to operate motor vehicles; or commit other fraudulent acts to change or reissue driving licenses will have their driving licenses invalidated, and in addition to having the driving license management authority issue a decision to revoke the driving licenses, original files and updating management data in the driving license system, they will also be held accountable before the law and not allowed to be issued a new driving license within 5 years from the date the violation is detected. When applying again, they must retrain and test as if applying for the first license.”

The sanction is clear, so the next question is how regulatory bodies distinguish between genuine lost driving licenses and fraudulent reports for reissuing licenses?

According to Lieutenant Colonel Vu Anh Diep, Deputy Head of Propaganda and Investigation Division for Traffic Accidents, Traffic Police Department - Ministry of Public Security, there is currently a situation where drivers falsely report losing their driving licenses (GPLX). The purpose of this false declaration is to avoid being revoked under Decree 100. For cases of false declarations or the use of fake documents, the Traffic Police will employ professional measures to verify and clarify. Furthermore, data sharing about driving licenses between the Traffic Police Department and the Vietnam Road Administration, as well as between traffic police and transportation departments in provinces and cities, ensures unified management and violation handling.

Thus, when a driver reports a lost driving license, the Traffic Police force will coordinate, verifying through the data system to promptly detect any false declarations.

In summary, falsely reporting a lost driving license to have it reissued is a reprehensible act of law violation. Such an act not only demonstrates poor legal compliance but also may result in being unable to obtain a driving license for up to 5 years if detected. Therefore, upholding the law remains the most prudent decision in this case.

Toan Trung

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