What is the penalty for not having a driver's license?

Reply:

Decree 168/2024/ND-CP, effective from January 1, 2025, stipulates administrative penalties for violations of road traffic safety and order; deduction and restoration of driving license points. It specifically stipulates the procedures and penalties for not carrying a driving license when participating in traffic.

Clause 3, Article 48, Decree 168/2024/ND-CP stipulates the procedure for handling violations of not carrying a driver's license from January 1, 2025.

In case at the time of inspection, the vehicle driver cannot present some or all of the documents (driver's license, vehicle registration certificate (or certified copy of vehicle registration certificate with original valid receipt of credit institution, foreign bank branch in case credit institution, foreign bank branch holds original vehicle registration certificate), certificate of technical safety inspection and environmental protection) as prescribed (paper copy or information of documents integrated in electronic identification account), then handle as follows:

a) The competent person shall draw up a record of administrative violation against the vehicle driver for the act of not having documents (corresponding to the types of documents that cannot be presented), and at the same time draw up a record of administrative violation against the vehicle owner for the corresponding violations specified in Article 32 of this Decree and temporarily detain the vehicle according to regulations;

b) Within the time limit for resolving the violation recorded in the administrative violation record, if the driver of the transport business vehicle presents the documents or information of the documents integrated in the electronic identification account as prescribed, the competent person shall issue a decision to impose a penalty for not carrying documents on the driver of the vehicle and shall not impose a penalty on the vehicle owner;

c) Within the time limit for handling the violation recorded in the administrative violation record, if the violator (except for the case specified in Point b of this Clause) presents the documents or information of the documents integrated in the electronic identification account as prescribed, the competent person shall not issue a decision to impose an administrative penalty for the violation of not having documents, not carrying documents, and shall not impose a penalty on the vehicle owner;

d) After the deadline for resolving the violation recorded in the administrative violation record, if the violator presents or fails to present documents or information of documents integrated in the electronic identification account as prescribed, he/she must comply with the decision to impose administrative sanctions as prescribed for the violations recorded in the administrative violation record.

According to Article 18, Decree 168/2024/ND-CP, the penalty for not carrying a driver's license from January 1, 2025 will be as follows:

Point d, Clause 2, Article 18, Decree 168/2024/ND-CP stipulates: A fine of 200,000 to 300,000 VND will be imposed if the driver of a motorbike or a vehicle similar to a motorbike for business transportation does not carry a driver's license, except for violations specified in Point b, Clause 5, Point c, Clause 7, Article 18, Decree 168/2024/ND-CP.

Point a, Clause 3, Article 18, Decree 168/2024/ND-CP stipulates: A fine of 300,000 to 400,000 VND shall be imposed if the driver of a car, 4-wheeled motorized passenger vehicle, 4-wheeled motorized cargo vehicle and similar vehicles used for transport business does not carry a driver's license, except for the violation specified in Point c, Clause 8, Article 18, Decree 168/2024/ND-CP.