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NEW CHANGES IN THE 2024 TRAFFIC ORDER AND SAFETY LAW

20/9/2024

On the morning of June 27, 2024, the National Assembly passed the draft Traffic Order and Safety Law. Spliting from the Traffic Law, the Traffic Order and Safety Law contains 8 chapters and 93 articles, outlining provisions on: the signaling system; traffic rules; vehicles; drivers; traffic command, control, and congestion management; handling of traffic accident; law enforcement and legal liability; and state management of traffic order and safety.

                        

This law will take effect from January 1, 2025, with the following new points:
First, the Ministry of Health will regulate periodic health checks for motorbike drivers.
Clause 3 of Article 51 of the 2024 Traffic Order and Safety Law states that drivers participating in traffic must have health conditions suitable for the type of vehicle they are driving. The Minister of Health regulates health standards, periodic health checks for drivers, and the establishment of a health check database for drivers.
This is a change from the current Traffic Law, where motorbike drivers are not required to undergo periodic health checks. The Ministry of Health only mandates periodic checks for car drivers.
This regulation will affect a large number of people. According to statistics, by the end of 2021, Vietnam had more than 67 million motorbikes. With a population of over 98 million, on average, two out of every three people own a motorbike. This is an important step in enhancing traffic safety and reducing accidents due to undetected health issues. The regulation also requires health agencies to organize and manage health checks effectively and fairly, ensuring that all drivers are regularly checked. However, this new change may cause inconvenience, especially for people with busy schedules or limited financial resources.
Second, school buses must have warning lights or a distinctive paint color.
According to Article 46 of the Traffic Order and Safety Law, school buses must meet the following requirements: they must ensure technical safety and environmental protection standards, have a usage period not exceeding 15 years, and be equipped with warning lights or have a registered distinctive paint color for identification.
Buses for elementary or preschool students must have seat belts appropriate for their age or use seats suitable for their size. The vehicle’s windows must allow clear visibility from the outside.
Before organizing the transportation of students, educational institutions must notify the provincial transport authority of the route of the vehicles, list of the vehicles, list of the drivers, and images of the vehicles and distinctive paint color (if any).
Under the current Traffic Law, school busses are managed similarly to transportation vehicles. The implementation of this regulation aims to enhance traffic safety for students, make school buses more recognizable on the road, and reduce the risk of accidents. For parents, this regulation offers peace of mind as their children are transported in clearly identifiable vehicles, increasing the protection of children on their way to school, addressing recent incidents.
Third, driver’s licenses will have 12 points, with deductions for violations.
According to Article 58 of the 2024 Traffic Order and Safety Law, each driver's license will have 12 points. Drivers who violate traffic laws will have points deducted based on the nature and severity of the violation.
The point deducted will be updated in the database system immediately after a penalty decision takes effect and will be communicated to the driver whose points are deducted.
If all points are exhausted, the driver will not be allowed to operate the vehicle under that type of driver’s license.
After at least six months from the date of point exhaustion, drivers can participate in a legal knowledge test on traffic order and safety, their 12 points will be restored if they pass
If no points are deducted within 12 months from the last point deduction, the driver’s license will be restored to 12 points.
When renewing, reissuing, or upgrading a driver’s license, the points will be carried over from the old license. Authorities handling administrative violations also have the right to deduct points from the violator’s license.
For the public, especially drivers, this regulation requires greater caution and stricter adherence to traffic laws. Point deductions for violations could lead to license revocation if points drop below the specified level. This encourages drivers to follow traffic laws, reducing violations and improving traffic safety.
Fourth, the law allows checking vehicle documents through the VNeID app.
The Traffic Order and Safety Law requires traffic participants to carry documents such as a driver’s license, vehicle registration, inspection certificate, and insurance certificate. If these documents are integrated into the electronic identification account or ID card, drivers do not need to carry them.
Thus, drivers will not need to carry physical vehicle documents if these are integrated into the VNeID account. Authorities will check vehicle and driver information through this app.
This new regulation will have many positive impacts. First, it helps drivers save time and reduces the risk of losing documents, increasing convenience when participating in traffic. Additionally, authorities can quickly and accurately check information through the app, improving management and inspection efficiency. This regulation also promotes digitalization in traffic management, moving toward electronic vehicle registration, creating a modern and transparent system.
Fifth, transportation drivers cannot work more than 8 hours a day.
The Traffic Order and Safety Law stipulates that transportation drivers cannot work for more than 8 hours a day. Moreover, between 6 a.m. and 10 p.m., the continuous driving time must not exceed 4 hours; a break of at least 5 minutes is required for taxi and bus drivers and 15 minutes for transport drivers.
Between 10 p.m. and 6 a.m. the following day, drivers cannot drive continuously for more than 3 hours; breaks of at least 30 minutes are required for transport drivers.
This proposal is adjusted from Article 65 of the current Traffic Law, which limits transportation drivers to 10 hours of work per day, without distinguishing between day or night. The new regulation limiting transportation drivers to 8 hours per day has significant impacts on both the public and the transport industry. It aims to ensure traffic safety, reducing the risk of accidents caused by fatigue and overwork. Drivers will have more rest time, helping them stay alert and responsive while driving. This not only protects the lives and health of drivers but also passengers and other road users. However, this regulation poses challenges for transport businesses. They may need to increase the number of drivers to maintain their schedules, leading to higher operating costs. Small businesses may struggle to find enough drivers or maintain profitability. Additionally, controlling and monitoring drivers’ work hours will require a tight and efficient management system.
Sixth, children under 10 are not allowed to sit in the front seat.

                             


Clause 3, Article 9 of the 2024 Traffic Order and Safety Law stipulates that children under 10 years old or shorter than 1.35 meters are not allowed to sit in the front seat of a car (starting from January 1, 2026).
Children under 4 years old must use a specially designed seat, except in transportation vehicles. Drivers are responsible for checking and guiding the fastening of seat belts for children. This provision is an addition to the current Traffic Law. This change helps protect the health and safety of children and creates a safer traffic environment.
The 2024 Traffic Order and Safety Law will positively impact traffic participants and traffic management authorities. The new law has more detailed chapters and articles, clearly defining the responsibilities of traffic participants and traffic enforcement officers, especially the responsibility of state agencies in transport management. Additionally, stricter penalties serve as a deterrent and warning to those who do not comply with the law.