According to Clause 2, Article 82 of Decree 100/2019/ND-CP (amended and supplemented in Decree 123/2021/ND-CP), the cases of temporary suspension of driving licenses are stipulated as follows:
- To ensure the enforcement of administrative violation sanction decisions;
- To verify the details as a basis for making a penalty decision.
During the period of temporary suspension of the driving license recorded in the record, the violator is still considered to have a driving license and is allowed to drive the vehicle in traffic as usual. (Photo: NV)
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.
Clause 2, Article 82 of Decree 100/2019/ND-CP (amended and supplemented in Decree 123/2021/ND-CP) also stipulates: " When documents are temporarily withheld according to the provisions of Clause 6, Article 125 of the Law on Handling of Administrative Violations 2012, if the deadline for settlement of the violation recorded in the administrative violation record has passed, the violator has not yet arrived at the headquarters of the competent authority to settle the violation but continues to drive the vehicle or put the vehicle into traffic, the penalty will be applied as for the act of not having documents... "
Thus, it can be understood that during the period of suspension of the driving license recorded in the record, the violator is still considered to have a driving license and is allowed to drive the vehicle in traffic as usual. If after this period the fine has not been paid and the vehicle is still driven, the penalty will be the same as if the driver did not have a driving license.
Article 21 of Decree 100/2019 (amended and supplemented by Decree 123/2021) penalizes the act of not having a driving license as follows:
- Fine from 1,000,000 VND to 2,000,000 VND for drivers of two-wheeled motorbikes with cylinder capacity under 175 cm3 and vehicles similar to motorbikes.
- Fine from 4,000,000 VND to 5,000,000 VND for drivers of two-wheeled motorbikes with cylinder capacity of 175 cm3 or more, three-wheeled motorbikes.
- Fine from 10,000,000 VND to 12,000,000 VND for drivers of cars, tractors and vehicles similar to cars.
Source: https://vtcnews.vn/trong-thoi-gian-bi-tam-giu-bang-lai-co-duoc-dieu-khien-xe-ar908510.html
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