Reader Nguyen Van Nghia reported: I violated the alcohol concentration of a motorbike in June 2023 and had my motorbike license confiscated. In December 2024, my car driver's license expired and the Department of Transport required an old driver's license to be exchanged. But because of the integration, the car driver's license was "confined" with the motorbike driver's license, so even though the deadline for exchanging the license is approaching, I cannot exchange it. I don't know who to complain to?
Many readers believe that this is a legal loophole and recommend that it be amended soon.
Regarding this issue, recently, the Ministry of Transport responded to National Assembly delegates about solutions.
The Ministry of Transport said that, in the immediate future, the Ministry will propose to the competent authority to handle administrative violations of revoking driving licenses based on the provisions of Clause 3, Article 156 of the Law on Promulgation of Legal Documents to apply the provisions of Point c, Clause 2, Article 9 of Decree No. 118/2021/ND-CP to determine the license revocation period.
Accordingly, in case the remaining term of a driving license is shorter than the license revocation period, the remaining term of the license will be applied.
On June 29, 2024, the Minister of Public Security issued Circular No. 28/2024/TT-BCA, according to which from July 1, 2024, the Traffic Police force will begin to check, handle, temporarily detain or revoke driving licenses on the VNeID application. In case of violations, the Traffic Police will temporarily detain or revoke driving licenses in the electronic environment instead of hard copies.
"Therefore, if one of the driving licenses integrated into VNeID is revoked, people can still use the remaining driving license to participate in traffic and carry out related administrative procedures," the Ministry of Transport emphasized.
The Ministry of Transport added that the legal provisions on integrating, separating and revoking the right to use driving licenses are as follows:
The right of people to integrate driving licenses of different classes into one card (PET card); separate and change driving licenses when necessary has been stipulated in Clause 2 and Clause 3, Article 33 of Circular No. 12/2017/TT-BGTVT of the Minister of Transport.
Clause 5, Article 4 of Circular No. 30/2022/TT-BGTVT of the Minister of Transport stipulates that administrative violators are entitled to drive the remaining types of vehicles listed in the driving license that have been integrated into the same driving license (car or motorbike).
Regarding the provisions on the period of suspension of the right to use a driving license: Clause 5, Article 81 of Decree No. 100/2019/ND-CP of the Government stipulates that in cases where a person who commits a violation is subject to the penalty of suspension of the right to use a license or practice certificate, but the remaining validity period of the license or practice certificate is less than the suspension period, the competent authority shall still issue a penalty decision applying the form of suspension of the right to use a license or practice certificate as prescribed for the violation. During the period of suspension of the right to use a license or practice certificate, individuals and organizations are not allowed to carry out procedures for reissuance or reissuance of a license or practice certificate.
At Point c, Clause 2, Article 9 of Decree No. 118/2021/ND-CP of the Government, it is stipulated that in case the remaining term of a license or practice certificate is shorter than the term of revocation of the license or practice certificate, the term of revocation shall be the remaining term of that license or practice certificate.
Thus, the period of revocation of the right to use a license or practice certificate as prescribed in Clause 5, Article 81 of Decree No. 100/2019/ND-CP is not consistent with the period of revocation prescribed in Point c, Clause 2, Article 9 of Decree No. 118/2021/ND-CP.
However, according to the provisions of Clause 3, Article 156 of the Law on Promulgation of Legal Documents, in case legal documents issued by the same agency have different provisions on the same issue, the provisions of the later issued legal document shall apply.
