Vehicle owners subject to traffic violation penalties in Vietnam under Decree 168/2024

Vehicle owners subject to traffic violation penalties in Vietnam under Decree 168/2024​ (Image from the Internet)

1. Vehicle owners subject to traffic violation penalties in Vietnam under Decree 168/2024

According to Clause 6, Article 47 of Decree 168/2024/ND-CP, vehicle owners penalized under the provisions of Decree 168/2024/ND-CP include the following subjects:

- Individuals or organizations whose names are listed on the vehicle registration certificate;

- In the case where the vehicle operator is the spouse of the individual named on the vehicle registration certificate, the vehicle operator is subject to penalties like the vehicle owner;

- For vehicles financially leased from an organization with leasing functions, the individual or organization leasing the vehicle is subject to penalties like the vehicle owner;

- For vehicles owned by a member of a cooperative and registered under the cooperative for transportation business by automobile, the cooperative is subject to penalties like the vehicle owner;

- In cases where the vehicle is directly registered for transportation business by automobile by individuals or organizations with lawful usage rights (under a written lease agreement with other individuals or organizations or a business cooperation contract as per the law), or for road traffic rescue services, the organization or individual is subject to penalties like the vehicle owner;

- For vehicles that have not completed procedures for new vehicle registration certificates and license plates or have not transferred vehicle ownership certificates according to regulations, the individual or organization purchasing, being assigned, exchanging, receiving donations, or inheriting the vehicle is subject to penalties like the vehicle owner;

- For vehicle combinations (comprising automobiles towing trailers or semi-trailers on roads), in cases where the owner of the automobile is not simultaneously the owner of the trailer or semi-trailer, the owner of the automobile (individuals or organizations as defined in point a Clause 6 Article 47 of Decree 168/2024/ND-CP or individuals or organizations defined in points b, c, d, e Clause 6 Article 47 of Decree 168/2024/ND-CP) is subject to penalties like the vehicle owner regarding violations related to the trailer or semi-trailer being towed on roads.

2. Starting time of license, practicing certificate suspension period in Vietnam under Decree 168/2024

The starting time for the suspension of license or practicing certificate according to Clause 3, Article 5 of Decree 168/2024/ND-CP is as follows:

- If at the time of the administrative penalty decision, the person with penalty authority has already temporarily seized the license or practicing certificate of the violating individual or organization, the suspension period begins when the administrative penalty decision takes effect;

- If at the time of the administrative penalty decision, the person with penalty authority has not yet temporarily seized the license or practicing certificate of the violating individual or organization, the penalty decision is still issued according to regulations for the violation. The penalty decision must clearly specify that the supplementary penalty of suspending license or practicing certificate takes effect from the time the violator presents the license or practicing certificate to the person with penalty authority for temporary seizure;

- When seizing and returning a license or practicing certificate suspended according to point b Clause 3 Article 5 of Decree 168/2024/ND-CP, the person with penalty authority must create a report and file it in the administrative penalty dossier.

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