Ministry of Public Security explains proposal to deduct driving license points from drivers who violate the law

The Ministry of Public Security believes that deducting points from a driver's license is not an administrative penalty but is constructed similarly to the regulation on revoking a professional license.

In a document sent to agencies and associations to solicit opinions on some new contents in the draft Law on Road Traffic Order and Safety, the Ministry of Public Security said that the regulation on points and deductions from driving licenses as in the draft is necessary.

According to this agency, the management of drivers after being tested and licensed is being loosened, and the authorities have not yet taken appropriate management measures, especially regarding drivers' compliance with the law. Developed countries such as Singapore, Japan, and China all have regulations on deducting driving license points for drivers who violate the law, which poses a risk to traffic safety.

Deduction of driving license points is similar to state management regulations in the fields of health and pharmacy. The law stipulates state administrative management measures similar to revoking practice certificates. "This will be a state management measure, not a form of administrative penalty, meeting the practical requirements of ensuring traffic order and safety," the Ministry of Public Security stated.

This measure helps manage drivers throughout the process from training, testing, licensing to law enforcement and recidivism. Deducting points from a driver's license also aims to improve behavior, raise awareness, and help management agencies comprehensively monitor the driver's compliance process after a violation.

B2 car driving license. Photo: Phuong Son — B2 car driving license. Photo: *Phuong Son*

To implement this, the Ministry of Public Security said the Government will issue specific regulations on the authority, basis, order, and procedures for deducting points and restoring driving licenses. The authorities will specify serious violations that pose a high risk of causing traffic insecurity. The level of point deduction for a single violation will be studied and ensured to not overlap with the forms of administrative sanctions.

When drafting the Law on Traffic Safety in April 2020, the Ministry of Public Security proposed that each driver's license have 12 points, and drivers will have points deducted from the management system for each traffic violation. If all points are deducted, the driver's license is considered invalid. Drivers who want to get a new driver's license must study and take the exam within at least 6 months from the date the old driver's license expires.

Since 2003, authorities have applied the measure of marking the number of times a driver has violated the law in the field of road traffic by "punching holes". If the driver's license is marked twice, the driver must retake the Road Traffic Law test when renewing the driver's license; if marked three times, the driver's license will expire, and the driver must retake both the theory and practice tests to be granted a new license.

However, after 4 years of implementation, this regulation was abolished. The Ministry of Public Security said that punching holes on the driver's license does not show the time of violation, and the license is dirty and unsightly. In addition, punching holes can easily lead to negative consequences when drivers who have punched many holes find ways to "run" for a new license.

Son Ha

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