The Government issued Decree No. 68/2025/ND-CP amending and supplementing a number of articles of Decree No. 118/2021/ND-CP detailing a number of articles and measures to implement the Law on Handling of Administrative Violations. The Decree takes effect from March 20, 2025.
Decree No. 68/2025/ND-CP stipulates the temporary detention and possession of licenses and practice certificates in administrative sanctions (including driving licenses) as follows:
When performing official duties, the competent person is responsible for checking information about the license and practice certificate of the violating individual or organization from the database, electronic identification card, and electronic identification account according to regulations.
If the information cannot be verified, individuals and organizations that violate the law must present their licenses and practice certificates.
In case the measure of temporary detention of a license or practice certificate must be applied according to the provisions of the Law on Handling of Administrative Violations, the competent person shall request the violator or organization to submit a copy of the license or practice certificate and temporarily detain the license or practice certificate according to regulations.
In case the penalty for revoking the right to use a license or practice certificate must be applied, the competent person shall punish the individual or organization for the violation and request the submission and keeping of the certificate of practice license or practice certificate, except in cases where the license or practice certificate has been temporarily detained according to the provisions of the Law on Handling of Administrative Violations.
The submission and keeping of a certificate of license and practice certificate must be recorded and a copy must be given to the individual or representative of the violating organization.
If a record of temporary detention of a license or practice certificate has been drawn up, the record of temporary detention will continue to be valid until the expiration of the period of revocation of the right to use the license or practice certificate according to the decision on administrative sanctions.
In case the license is issued electronically or expressed in the form of a data message, the competent authority or person shall temporarily detain or revoke it in the electronic environment according to regulations if it meets the conditions on infrastructure, technology, and information.
The temporary detention and revocation of the right to use is updated on the database or electronic identification card, electronic identification account in accordance with regulations.
The Decree stipulates that within 2 working days from the date of issuance of the decision to sanction administrative violations, which shall be subject to the penalty of revoking the right to use a license or practice certificate, the competent person who issued the decision to sanction must send the decision to sanction the administrative violation to the agency that issued the license or practice certificate.
The agency that issued the license and practice certificate is responsible for updating information on the retention and revocation of the license and practice certificate in the database.
