Welcome back to The Lawyers Talk channel of BLawyers Vietnam. I am Bui Quang Thai; nice to see everyone again on today’s Podcast. Today, we will learn deeper about Decree No. 168/2024/ND-CP, effective from 01 January 2025, regarding regulations on administrative sanctioning for violations of traffic order and safety in the field of road traffic, and point deduction and restoration of rider’s license points.
Since there have already been many online articles and analyses about Decree 168/2024/ND-CP, I do not aim to go into too much detail about this decree. Instead, I will limit the show to exploring 03 administrative violations committed by motorbike riders (that could be on a daily basis), as well as the new penalties for these violations according to Decree 168/2024/ND-CP. My goal is to help our listeners who are daily road users to better understand the decree’s regulations to comply correctly, ensuring their own safety and the safety of those around them when participating in traffic. The most important thing is still “getting home safely”, right?
Before addressing the administrative violations of motorbike riders, as well as the penalties for those violations according to the provisions of Decree No. 168/2024/ND-CP, I would like to spend a little time at the beginning of today’s Podcast to mention a concept not only new in Decree No. 168/2024/ND-CP but also new to the Law on Road Traffic Order and Safety 2024: the points of the rider’s license. From 01 January 2025, all motorbike riders’ licenses are subject to the point system regulations according to the Law on Road Traffic Order and Safety 2024. Accordingly, the points on the rider’s license are used to manage compliance with traffic order and safety law of drivers in the road traffic order and safety database system, including 12 points. The number of points deducted for each violation depends on the nature and severity of the violation of the Law on Road Traffic Order and Safety 2024. Data on the driving license deduction points of the violator will be updated into the database system immediately after the penalty decision comes into effect and the person whose driving license points are deducted will be notified. Based on the regulations I just mentioned, I will also specify which violations may result in points being deducted, and specifically how many points will be deducted.
The first administrative violation I want to mention in today’s Podcast episode is a violation that is quite common in densely populated areas: the act of not complying with traffic signal lights. According to the provisions of the Law on Road Traffic Order and Safety 2024, road traffic participants shall comply with road signals in the following order of priority:
- Signals of traffic controllers;
- Traffic light signals;
- Road traffic signs;
- Road markings and other signs on the road surface;
- Markers, protective walls, barriers, reflective studs, reflective markers, Km posts, H posts;
- Road signal audio equipment.
Accordingly, traffic participants driving motorbikes must strictly comply with traffic light signals, except in special cases such as following the instructions of traffic controllers, or the sign “Allowed to turn right when the light is red”, etc. In the case where the motorbike riders do not comply with the traffic signal, such as running a red light, the motorbike riders may be fined from VND4,000,000 to VND6,000,000, and have 04 points of the rider’s license deducted; or fined from VND10,000,000 to VND14,000,000, and have 10 points of the rider’s license deducted if running a red light by a motorbike rider causes a traffic accident. Therefore, to ensure their own safety when participating in traffic, motorbike riders need to pay attention and comply with traffic light signals, avoid administrative violations, and face the penalties I just mentioned.
Another violation related to complying with traffic signals at intersections is the act of not complying with the orders and instructions of the red light stop line. In that case, if the motorbike riders stop on the red light stop line, the motorbike riders can be fined from VND200,000 to VND400,000, or from VND10,000,000 to VND14,000,000 and have 10 points of the rider’s license deducted if they cause a traffic accident. Therefore, traffic participants need to pay attention and stop before the line according to the regulations of Law on Road Traffic Order and Safety 2024 and the National Technical Regulation on Road Signs No. QCVN 41:2024/BGTVT – Regulation No. 41:2024/BGTVT.
Next, I would like to mention a common violation among motorbike riders in general and those delivering goods on motorbikes, which is the use of sound devices and mobile phones while riding. For many different reasons such as continuously updating delivery tasks or listening to navigation app instructions, many delivery drivers, as well as motorbike riders, have used electronic devices like phones, earphones, etc., while driving vehicles.
According to Decree No. 168/2024/ND-CP, while driving motorbikes, if the individual uses sound equipment (except for hearing aids), or holds and uses a phone by hand, motorbike riders may be fined from VND800,000 to VND1,000,000 and have 04 points of the rider’s license deducted; or be fined from VND10,000,000 to VND14,000,000 and have 10 points of the rider’s license deducted if the above violation by the motorbike riders cause a traffic accident. Therefore, please pay attention to the above regulations, to ensure the safety of yourself and those around you, and please comply with the Law on Road Traffic Order and Safety 2024 and avoid using phones or audio devices while driving motorbikes on the road.
For the administrative violations I just mentioned, there will be points deducted from the rider’s license. When esteemed listeners commit traffic violations that will result in points being deducted from their rider’s license, according to the provisions of the Law on Road Traffic Order and Safety 2024, if 12 points have not been fully deducted from the rider’s license and no points have been deducted within 12 months from the date of the most recent deduction, it will be restored to a full 12 points. Therefore, listeners should always comply with road traffic regulations to ensure eligibility to participate in traffic, as well as to create a safe traffic environment for everyone around.
Additionally, if you, our dear listeners, receive an administrative penalty decision from the competent authority for traffic violations that I have just mentioned, or for other administrative violations under Decree 168/2024/ND-CP, you need to promptly comply with the administrative sanctioning decision to mitigate unnecessary risks. Specifically, traffic participants who are fined for administrative violations must comply with the administrative penalty decision within 10 days from the date of receiving such decision, or within another period specified in the administrative sanctioning decision. If you miss this deadline, enforcement measures will be taken, and for each day of late payment, you will have to pay an additional fine equivalent to 0.05% of the total unpaid fine.
In cases where traffic participants are fined for administrative violations but have not yet complied with the administrative penalty decision, they will not be able to proceed with the vehicles registration procedure. According to this regulation, the owner of the motorbike will not be able to register the vehicle after buying, gifting, or inheriting it. To mitigate the above-mentioned risks, you should quickly implement these administrative sanctioning decisions.
So, together with our listeners, I have gone through the new legal regulations on administrative violations of road traffic order and safety, as well as the penalties related to these administrative violations. I hope this will help listeners gain more timely information about Decree No. 168/2024/ND-CP, thereby raising awareness when participating in traffic and contributing to a safe and civilized traffic environment.
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Goodbye and see you again.
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Date: 18 April 2025
Thai Bui
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