Traffic Police immediately confiscate driver's license for violations
For violations that are considered to cause serious traffic insecurity, the driver's driver's license will be revoked by traffic police for a month or even up to 2 years.
When driving a car on the road and violating traffic laws, the driver may have his/her vehicle and driving license temporarily impounded for up to 7 working days so that the police can issue a decision on the penalty, as stipulated in Clause 6, Article 125 of the Law on Handling of Administrative Violations.
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For some dangerous traffic violations, traffic police will immediately confiscate the driver's license. Illustration photo: Hoang Hiep |
Normally, the traffic police will immediately detain the driver's license for violations that will result in the license being revoked according to the provisions of Article 5, Decree 100/2019/ND-CP on administrative sanctions in the field of road and railway traffic (amended and supplemented by Decree 123/2021/ND-CP).
According to Article 5, Decree 100/2019/ND-CP, for some violations, in addition to being fined, car drivers will also be subject to an additional penalty of having their driving license revoked, specifically as follows:
| T | Violation error | Driving license suspension time |
| 01 | - Failure to comply with traffic light signals (running red or yellow lights); - Failure to comply with traffic police orders; - Driving at a speed exceeding 20-35 km/h; - Entering a prohibited road, going against the direction of a one-way road, going against the direction of a road with a "no entry" sign; - Not giving way or obstructing priority vehicles that are signaling priority while on duty; - Failure to comply with regulations on stopping and parking on highways. - Driving a vehicle directly involved in a traffic accident without stopping, not preserving the scene, and not participating in first aid for the victims. | 1-3 months |
| 02 | - Driving a car at a speed exceeding 35 km/h; - Drivers pick up and drop off passengers on the highway. | 2-4 months |
| 03 | Driving a vehicle in a zigzag or swerving manner; speeding or chasing on the road; using the feet to control the steering wheel while the vehicle is running on the road without obeying the order to stop from an officer on duty or causing a traffic accident or repeating the above behavior. | 3-5 months |
| 04 | - Driving in the wrong direction on the highway, reversing on the highway; - Causing a traffic accident without stopping, not preserving the scene, fleeing without reporting to the competent authority, not participating in first aid for the victim; | 5-7 months |
| 05 | Driving a vehicle on the road with a blood or breath alcohol concentration that does not exceed 50 milligrams/100 milliliters of blood or 0.25 milligrams/1 liter of breath. | 10-12 months |
| 06 | Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath. | 16-18 months |
| 07 | - Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath; - Failure to comply with the request for alcohol concentration testing by an officer on duty; - Driving on the road while having drugs in the body; - Failure to comply with the request for drug testing by an officer on duty. |
Thus, when the driving license is temporarily suspended, the violator is still allowed to drive the appropriate vehicle while waiting for the penalty decision. However, if the deadline for resolving the violation recorded in the administrative violation record has passed, the violator has not yet arrived at the police station to resolve the case but continues to drive the vehicle or put the vehicle into traffic, the penalty will be applied as for not having a driving license.
According to Clause 9, Article 21 of Decree 100/2019/ND-CP (amended and supplemented by Decree 123/2021/ND-CP), drivers of cars, tractors and similar vehicles without a driver's license will be fined from 10 to 12 million VND.
