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 of points and restoration of driving license points. In particular, it specifically stipulates the process and penalty level for not carrying a driving license when participating in traffic.

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

In case at the time of inspection, the vehicle driver fails to present some or all of the documents (driving license, vehicle registration certificate (or a certified copy of the vehicle registration certificate accompanied by the original valid receipt of the credit institution or foreign bank branch in case the credit institution or foreign bank branch holds the original vehicle registration certificate), certificate of technical safety inspection and environmental protection) as prescribed (paper copy or information of the documents integrated in the electronic identification account), the handling shall be as follows:

a) The competent person shall draw up a record of administrative violations 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 violations 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 sanction the administrative violation for the violation of not having documents, not carrying documents and shall not sanction 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 the 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 similar vehicle used for transport business does not carry a driver's license, except for the 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 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.