It's time to renew but my driver's license is being held, what should I do?

First, it is important to understand the regulations regarding driver's license suspension. Typically, a driver's license can be suspended due to traffic violations or other legal reasons. When your driver's license is suspended, you may receive a record or decision about this suspension. It is important that you keep all relevant documents to have a basis for carrying out the next procedures.

Specifically, Clause 2, Article 82 of Decree 100/2019/ND-CP (amended and supplemented in Decree 123/2021/ND-CP) stipulates the following cases of temporary suspension of driving licenses:

- To ensure the enforcement of administrative violation sanction decisions;

- To verify the details as a basis for making a penalty decision.

There is still a way to change a driver's license that is about to expire and is being held without having to retake the test. (Illustration photo)

At the same time, Clause 1, Article 125 of the Law on Handling of Administrative Violations 2012 stipulates that the temporary detention of exhibits, means, licenses, and practice certificates according to administrative procedures is only applied in the following truly necessary cases:

- To verify the circumstances that if not detained, there is no basis for issuing a decision on sanction. In case of detention to assess the value of administrative violation evidence as a basis for determining the fine range and sanctioning authority, the provisions of Clause 3, Article 60 of the Law on Handling of Administrative Violations 2012 shall apply;

- To immediately prevent administrative violations that, if not detained, will cause serious consequences for society;

- To ensure the enforcement of the penalty decision as prescribed in Clause 6, Article 125 of the Law on Handling of Administrative Violations 2012.

Thus, traffic police have the right to temporarily detain the driver's license (also known as driving license) of the driver participating in traffic when falling into one of the above cases.

Meanwhile, point a, clause 1, Article 36 of Circular 12/2017/TT-BGTVT stipulates the renewal of expired driving licenses as follows: " A person whose driving license has expired from 03 months to less than 01 year from the date of expiration must retake the theory test to reissue the driving license."

Therefore, if your driver's license is expired for 01 month, you only need to do the procedure to change the driver's license without having to retake the test. In case your driver's license is about to expire and is suspended, you need to contact directly the competent authority that holds your driver's license. Usually, this is the traffic police agency where you violated or were fined. Here, you can present the situation and ask for instructions on how to handle it. This agency will provide information on the necessary steps to get your driver's license back.

Procedures for exchanging driving licenses issued by the transport sector are specified in Article 38 of Circular 12/2017/TT-BGTVT; Clause 7, Article 2 of Circular 01/2021/TT-BGTVT; Clause 8, Article 1 of Circular 04/2022/TT-BGTVT.

Accordingly, you need to prepare a set of documents according to the prescribed form and instructions in the above documents and then send it directly or via the online public service system to the Vietnam Road Administration or the Department of Transport.

BAO HUNG

Source: https://vtcnews.vn/den-han-doi-nhung-bang-lai-dang-bi-giu-phai-lam-sao-ar908518.html