Based on the Law on Promulgation of Legal Documents and documents detailing implementation, the Ministry of Public Security has organized to collect opinions and social feedback on the draft Decree amending and supplementing a number of articles of Decree No. 168/2024/ND-CP of the Government, until the end of June 28.
Among the many opinions from ministries, sectors, and fields, there are contributions from the Central Committee of the Vietnam Fatherland Front.
Accordingly, this agency contributed opinions mentioning the amendment and supplementation of point d, clause 2, Article 41 of the draft Decree 168 defining the authority for traffic police (CSGT) to have the authority to sanction violations of driver's license testing to be consistent with the fact that the Ministry of Public Security has taken over the state management task of management, testing and issuing driver's licenses from the Ministry of Transport (now the Ministry of Construction).
Violations of traffic police are penalized such as: Arbitrarily changing or using test software, scoring equipment, test vehicles; using computers in the theoretical test room connected to transmission lines outside the exam room against regulations; intentionally allowing vehicles and scoring equipment to operate inaccurately during the test; leaving signs and symbols against regulations on the test yard, test vehicles during the test...
The agency contributing opinions believes that the drafting committee should study and review, clearly define the scope, subjects, and basis for ensuring implementation and coordination mechanisms to ensure uniformity when applying because the acts in the testing are deeply technical and professional.
Meanwhile, according to Decree 168, the traffic police force mainly implements penalties for violations of traffic participants and vehicles when traveling on the road, easily identified by observation or technical means.
At the same time, strengthen publicity and transparency in the process of handling violations to ensure power control, improve objectivity, limit negativity, and create social consensus," the contributing agency stated.
Before the above opinion, the drafting agency proposed to maintain the content as in the draft Decree because from March 1, 2025, the Ministry of Public Security has taken over the task of state management of management, testing and issuing driver's licenses from the Ministry of Transport (now the Ministry of Construction);
Therefore, the draft Decree supplements the demarcation of authority over acts related to driver's license testing for the traffic police force to handle violations to ensure compliance with assigned functions and tasks.
The handling of violations is carried out in accordance with the principles and regulations of the Law on Handling of Administrative Violations, if violations occur, they will be handled according to the provisions of law.
Previously, the drafting agency proposed to amend and supplement point d, clause 2, Article 41 on the authority to sanction violations such as: Point a, point b, point c, point d, point e, clause 1; point a, clause 2; point a, point b, point c, point g, point h, point i, point k, clause 3; point b, point d, point i, point k, clause 4; point d, point e, point g, point h, point i, point k, clause 5; clause 7; clause 8, Article 39.
According to Article 41, Decree 168: Traffic police within the scope of their assigned functions and tasks have the authority to impose penalties for violations specified in the points, clauses, and articles of this Decree.
At point d, clause 2, Article 41, it is currently stipulated that traffic police have the authority to impose fines according to points a, b, c, d, e, clause 1; point a, clause 2; points a, b, c, clause 3; point d, clause 4; clause 8, Article 39.
