Vietnam: How do you prove to traffic police that you have the driving license but only forget it?

Vietnam: How do you prove to traffic police that you have the driving license but only forget it? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the penalties for forgeting driving license in Vietnam?

According to Article 21 of Decree 100/2019/ND-CP, amended by Decree 123/2021/ND-CP:

- Drivers of motorbikes and mopeds who do not carry a driving license will be fined from 100,000 - 200,000 VND. Automobile drivers who do not carry a driving license will be fined from 200,000 - 400,000 VND.

- In case of not having a driving license:

+ Two-wheeled motorbikes and similar motorbikes with a cylinder capacity of less than 175cm3 are fined 01 - 02 million VND;

+ Two-wheeled motorbikes and similar motorbikes with cylinder capacity over 175cm3 are fined from 04 - 05 million VND;

+ Automobiles, tractors and similar vehicles are fined from 10 - 12 million VND.

It can be seen that the penalty for not having a driving license is many times higher than for forgetting a driving license.

2. How do you prove to traffic police that you have the driving license but only forget it?

According to Clause 3, Article 82, Decree 100/2019/ND-CP, if a vehicle operator fails to present any, some or all of the papers (driving license, certificate of vehicle registration and certificate of technical and environmental safety) as per the law during inspection:

- Competent individual shall prepare administrative offence notice against the vehicle operator for papers that he/she lacks and prepare administrative offence notice against vehicle owner for respective violations specified in Article 30 of this Decree and impound the vehicle as per the law;

- During the time limit for handling the violation specified in the administrative offence notice, if the violator presents the papers as per the law, the competent individual shall impose penalties for failure to carry proper papers on the vehicle operator (without imposing penalties on the vehicle owner);

- If the violator presents or fails to present the papers as per the law before the time limit for handling the violation specified in the administrative offence notice expires, the violator shall comply with decision on administrative penalties imposed as per the law for violations stated in the administrative offence notice.

Note: When the vehicle is impounded as prescribed, the vehicle owner shall incur the costs (if any) of using another vehicle to transport the passengers and goods on the impounded vehicle.

Thus, if you forget to bring your driving license, you only need to present it when you come to resolve the violation on time.

3. What can be use instead of driving license upon forgeting it in Vietnam?

According to the provisions of Point a, Clause 2, Article 12 of Circular 32/2023/TT-BCA, Traffic Police are allowed to check documents related to people and vehicles as follows:

- Driving license;

- Certificate of legal knowledge training on road traffic; diploma; Certificate of operating specialized motorbikes;

- Vehicle registration or certified copy of vehicle registration with the original valid receipt from the credit institution (during the time the credit institution keeps the original of the vehicle registration);

- Inspection certificate, technical safety and environmental protection inspection stamp, Certificate of validity period of the Inspection Certificate and Inspection stamp (for types of vehicles that require inspection). determination);

- Certificate of compulsory civil liability insurance for motor vehicle owners and other relevant documents according to regulations (hereinafter referred to as documents).

When the databases are connected to the electronic identification and authentication system, information about the status of documents can be determined, and control can be achieved through checking and comparing the information in those documents. In an electronic identity account, it has the same value as directly checking documents;

Based on the above regulations, people can use vehicle documents integrated on VNeID to present when required to check documents.

Nguyen Ngoc Que Anh

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