Ministry of Construction comments on draft amendment of Decree 168 on handling traffic violations

Xuyên Đông |

In the draft amendment dossier of Decree 168/2024/ND-CP on traffic penalties, the Ministry of Construction has many comments.

The Ministry of Public Security is proposing a draft amendment to Decree 168/2024/ND-CP, stipulating penalties for administrative violations of traffic order and safety in the field of road traffic; deducting points, restoring points for driver's licenses.

Contributing opinions on this draft, the Ministry of Construction said:

The draft Decree still stipulates penalties for the act of "driving a vehicle without being affixed with a technical safety and environmental protection inspection stamp or being affixed with a technical safety and environmental protection inspection stamp but not in accordance with regulations...".

However, according to Clause 3, Article 25 of Decree No. 89/2026/ND-CP, "The regulation on affixing inspection stamps specified in Clause 2, Article 13 of this Decree expires from January 1, 2027".

Therefore, the Ministry of Construction proposed that the drafting agency review the above regulations in the direction of: Clearly defining the scope of application in the transitional period until the end of the use of stickers; or amend them in the direction of controlling the inspection status through electronic data, information in the management system instead of physical identification marks on vehicles, ensuring consistency with the digital transformation roadmap in vehicle registration and inspection and handling of violations on the road.

The drafting agency said that it has received and revised the draft Decree.

Contributing opinions on the draft, the Ministry of Construction also proposed to study and revise as follows:

Article 5. Amending and supplementing a number of points and clauses of Article 17

1. Amending and supplementing point a, clause 2, Article 17 as follows:

“a) Carrying soil, rocks, waste, and bulk goods without a roof, tarpaulin covering or with a roof, tarpaulin not covering tightly or the maximum height of goods compared to the top edge of the truck bed not meeting regulations; causing goods, construction materials, soil, rocks, waste, mud, and bulk goods to fall on the road; carrying goods or waste to let water flow down the road surface”.

The Ministry of Construction gave the reason for adding the content "maximum height of goods compared to the top edge of the truck bed is not guaranteed according to regulations" to be consistent with the provisions of point d, clause 1, Article 49 of the Law on Road Traffic Order and Safety.

The drafting agency said that it is proposed to maintain the content as in the draft Decree because the act of queuing exceeds the allowed height as stipulated in Clause 4, Article 21 of Decree 168/2024/ND-CP.

The Ministry of Construction also contributed opinions to amend and supplement Clause 5, Article 17 as follows:

“5. In addition to being subject to penalties, vehicle drivers (when driving a car) who commit violations specified in Clause 2, Clause 3, Clause 4 of this Article will also be deducted 06 points from their driver's license.

The reason is that violations of transporting soil, rocks, waste, bulk goods, and construction materials that are scattered on the road or without measures to cover, cover, and tie carefully, causing environmental pollution and urban aesthetics, are currently quite common, seriously affecting the health and lives of traffic participants. In the past time, information and press agencies have reported and reflected, and in fact, there have been many cases of traffic participants encountering accidents leading to injuries or deaths due to goods, materials, mud, and waste falling onto the road.

To handle this situation, functional agencies have strengthened patrols and inspections, deployed many plans and specialized topics to handle the above-mentioned violations, but there is still a situation of violations of transporting soil and rocks, waste, bulk goods, and construction materials that are scattered on the road, especially in areas with many construction material mines, or on roads with large projects under construction, so it is necessary to further increase sanctions, in order to raise awareness of complying with the law on traffic order and safety, ensuring the lives and property of traffic participants.

The drafting agency proposed to maintain the content as in the draft Decree because this Decree amends and supplements acts to be consistent with the Law amending and supplementing 10 Laws related to Security and Order, the Law on Handling of Administrative Violations (amended in 2025); currently, the level of penalties and penalties are being implemented stably, so the level of penalties and driver's license points are not increased.

Xuyên Đông
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