Procedure for deducting points from a driver's license.
Ms. Nguyen Thi Hoa, residing in Hung Nguyen district, asks: What are the principles, authority, procedures, and processes for deducting points from a driver's license as stipulated in Decree 168/2024/ND-CP?
Reply
Article 50 of Decree 168/2024/ND-CP on administrative penalties for violations of road traffic order and safety.The regulations stipulate the principles, authority, order, and procedures for deducting points from a driver's license as follows:
1. Principles for deducting points from a driver's license.
a) The deduction of points from a driver's license shall be implemented immediately after the decision to impose administrative penalties for the violation that, according to the provisions of this Decree, results in the deduction of points from the driver's license, takes effect;
b) In cases where an individual commits multiple administrative violations or commits multiple administrative violations and is penalized in a single instance, if there are two or more violations that, according to regulations, result in point deductions from the driver's license, only the violation with the highest point deduction will be applied;
c) If the remaining points on the driver's license are less than the number of points deducted, all remaining points on that driver's license will be deducted.
d) In cases where a driver's license combines an unlimited driver's license (motorcycles, similar to motorcycles) and a limited driver's license (cars, similar to cars, four-wheeled motor vehicles for passenger transport, four-wheeled motor vehicles for cargo transport), the competent authority shall deduct points from the unlimited driver's license when the driver of a motorcycle or similar vehicle commits an administrative violation that is subject to point deductions from the driver's license; or deduct points from the limited driver's license when the driver of a car, similar to a car, four-wheeled motor vehicle for passenger transport, or four-wheeled motor vehicle for cargo transport commits an administrative violation for which points are stipulated to be deducted from the driver's license.
(d) Points will not be deducted from a driver's license if that license is currently suspended.
2. Authority to deduct points from driver's licenses
The competent authority that applies the penalty of revoking the right to use a license or professional certificate for a specified period or suspending operations for a specified period as stipulated in Chapter II, Part Two of the Law on Handling Administrative Violations, Section 1, Chapter III of this Decree, and which has the authority to impose administrative penalties for violations that prescribe the deduction of points from a driver's license, also has the authority to deduct points from the driver's license for that violation.
3. Procedures for deducting points from a driver's license.
a) Immediately after the administrative penalty decision takes effect, the data on the deduction of points from the driver's license of the penalized person will be automatically updated in the Database on handling administrative violations of road traffic order and safety. The person authorized to deduct points from the driver's license will notify the person whose points have been deducted.
In cases where the Chairman of the District People's Committee or the Chairman of the Provincial People's Committee issues a decision to impose administrative penalties for violations involving the deduction of points from a driver's license, the Head of the District Police or the Head of the Traffic Police Department of the Provincial Police is responsible for updating the data on the deduction of points from the driver's license into the Database on handling administrative violations related to road traffic order and safety.
b) Notification of driver's license point deductions shall be made in writing using the form prescribed by the Minister of Public Security and shall be delivered directly, sent via postal service, or notified electronically through the citizen's registered account on the Public Service Portal or the mobile traffic application when the conditions regarding infrastructure, technology, and information are met; simultaneously, information about the driver's license with deducted points shall be updated on the website of the Traffic Police Department.
In cases where the driver's license is displayed as a data message, the competent authority or person shall update the driver's license point deduction status in the electronic identity card or electronic identification account on the national identification application.
