On October 24, the Ministry of Construction sought opinions on the draft Decree regulating administrative sanctions for violations in road operations. The draft will be consulted until November 24.
One of the notable points is Article 23 regulating the revocation of the right to use a license with a term or temporary suspension of operations in the road sector.
Accordingly, the time to start calculating the limit for revoking the right to use the license, in the road sector is as follows:
In case at the time of issuance of the decision to sanction administrative violations that the competent person to sanction has temporarily detained the road-related license of the violating individual or organization, the time to start calculating the limitation period of license use rights is the time the decision to sanction administrative violations takes effect;
In case at the time of issuance of the decision to sanction administrative violations but the competent authority has not yet temporarily held the road license of the violating individual or organization, the competent authority will still issue a decision to sanction the administrative violation according to regulations for the violation. The content of the penalty decision must clearly state the effective date of the additional penalty of revocation of the right to use a license in the road sector as from the time the violator presents the license to the competent person for temporary detention.
When temporarily holding a license in road operations that is revoked according to the provisions of Point b of this Clause and when returning a license that is revoked according to the provisions of Point a and b of this Clause, the person with the authority to sanction must make a record and keep a record of administrative violation.
During the period of revocation of the right to use the road license, if an individual or organization still conducts activities stated in the road license, it will be punished for the act of not having a road license.
In case the violator is subject to the penalty of revoking the right to use a road license but the remaining validity period of the road license is less than the revoked period, the competent person shall still issue a penalty decision applying the form of revoking the right to use a road license according to regulations for the violation. During the period of revocation of the right to use the license in the road sector, individuals and organizations are allowed to carry out procedures for granting, exchanging, or reissuing the license but are not allowed to carry out activities stated in the license or certificate of operation during the period of revocation.
