When does the driver's license revocation period start in 2025?

Reply:On December 26, 2024, the Government issued Decree 168/2024/ND-CP regulating administrative sanctions for violations of road traffic safety and order; deduction of points and restoration of driving license points.

Accordingly, in Clause 3, Article 5Decree 168/2024/ND-CP stipulates the starting time for calculating the period of revocation of the right to use a license or practice certificate as follows:

(i) In case at the time of issuing the decision to sanction an administrative violation, the competent authority has temporarily detained the license or practice certificate of the violating individual or organization, the starting point for calculating the period of revocation of the right to use the license or practice certificate is the time when the decision to sanction an administrative violation takes effect;

(ii) In case at the time of issuing the decision to sanction an administrative violation, the competent person has not yet temporarily detained the license or practice certificate of the violating individual or organization, the competent person shall still issue a decision to sanction the administrative violation in accordance with the regulations for the violation.

The content of the penalty decision must clearly state the effective date of the additional penalty of revoking the right to use a license or practice certificate, which is from the time the violator presents the license or practice certificate to the competent authority for temporary detention;

(iii) When retaining and returning a license or practice certificate that has been revoked as prescribed in point (ii), the person with the authority to impose penalties must draw up a record and keep a record of the administrative violation.

Note:

- During the period of revocation of the right to use a license or practice certificate, if an individual or organization still conducts the activities stated in the license or practice certificate, they will be punished as for acts without a license or practice certificate.

- In case an individual or organization committing an administrative violation is subject to the penalty of revocation of the right to use a license or practice certificate, but the remaining validity period of the license or practice certificate is less than the revocation period, the competent authority shall still issue a penalty decision applying the penalty of revocation of the right to use a license or practice certificate according to the regulations for the violation.

During the period of revocation of the right to use a license or practice certificate, individuals and organizations are not allowed to apply for a new license or practice certificate, change or re-issue it, except in the following cases.

- In case of revoking the right to use an integrated driving license with an indefinite driving license (motorcycles, motorbike-like vehicles) and a limited driving license (cars, car-like vehicles, four-wheeled motorized passenger vehicles, four-wheeled motorized cargo vehicles), the competent authority shall revoke the right to use an indefinite driving license when the driver of a motorbike or a motorcycle-like vehicle or revoke the right to use an unlimited driving license when the driver of a car, car-like vehicle, four-wheeled motorized passenger vehicle, or four-wheeled motorized cargo vehicle commits an administrative violation that is subject to the revocation of the right to use a driving license. During the period of revocation, the holder of an integrated driving license shall be granted or exchange a driving license for a driving license that is not revoked.

- In case the license or practice certificate is issued in electronic form or expressed in the form of data message, the competent authority or person shall temporarily detain or revoke it in the electronic environment according to regulations if it meets the conditions on infrastructure, technology and information.

The temporary detention and revocation of the right to use are updated on the database, electronic identification, electronic identification account and other electronic information applications as prescribed.

(Clause 3, 4, 5, 6, 7, Article 5 of Decree 168/2024/ND-CP)