Following a feedback collection session in mid-April, the Ministry of Public Security has finalized and released the third draft of the decree amending and supplementing Decree 168/2024.
Among the newly added provisions, the Ministry of Public Security proposes to abolish the temporary seizure of vehicles and related driver documents for improper lane changes or failure to signal on expressways, or for changing lanes incorrectly.
According to the drafting agency, as the violation has ceased at the time of detection, temporarily seizing the vehicle is deemed unnecessary.
If the proposal is approved, drivers will no longer face temporary vehicle seizure, but will instead be fined 4-6 million VND and have two points deducted from their driving license, as is currently the practice.
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Rach Chiec traffic police fine dilapidated vehicles near Binh Phuoc overpass in Thu Duc City. Photo: Quynh Tran
No confiscation for repeat offenses of altering vehicle frame or characteristics
The draft further proposes eliminating vehicle confiscation for drivers or vehicle owners who repeatedly commit the following three offenses:
First, unauthorized alteration of the vehicle's frame, engine, shape, dimensions, or characteristics (current fine: 4-6 million VND for individuals, double for organizations).
Second, administrative violations involving passenger cars carrying over 100% of their capacity (excluding buses), or vehicles (automobiles, cargo vehicles, specialized motorcycles, and similar types of automobiles) overloaded by over 150% of the regulated limit.
Third, operating a truck with a cargo bed size that does not comply with technical specifications (applicable to automobiles, cargo vehicles, specialized motorcycles, and similar types of automobiles).
This proposal implies that if a driver, vehicle owner, company, or transport unit was previously fined and had their vehicle confiscated for committing these three offenses, repeat offenses will no longer result in vehicle confiscation.
Explaining the proposal, the Ministry of Public Security stated that it has incorporated feedback from the People's Committees of Bac Ninh and Nghe An provinces.
Specifically, the People's Committee of Bac Ninh province argues that current regulations, which consider any vehicle used in a violation as a repeat offense subject to confiscation, create significant challenges for verification, processing, and confiscating vehicles. This is particularly problematic for transport businesses, which often have multiple members and vehicles registered under different owners.
Furthermore, these offenses already carry substantial penalties, ensuring a deterrent effect. For example, carrying more passengers than permitted incurs a maximum fine of up to 75 million VND for individuals and 150 million VND for organizations.
Abolishing the supplementary penalty of vehicle confiscation also significantly reduces the administrative burden on law enforcement and the storage systems for seized evidence. In practice, procedures for confiscating, preserving, and auctioning violating vehicles are often complex, consuming considerable public time and resources.
The draft is expected to be submitted to the Government for signing and promulgation this month.
Other important provisions of the draft remain largely unchanged, including a 15-fold increase in fines within the authority of traffic police, stricter penalties for illegal passenger and cargo transport, and a requirement for 8-seater passenger cars to install in-cabin cameras.
Hai Thu
