Am I allowed to be in traffic if my integrated driver's license forfeited?

I have just obtained a B2 driver's license. I obtained A1 class license years ago. Now, do I have to combine these two licenses into one? If I have my integrated driver's license forfeited due to violating the road rules of alcohol while driving a car, can I be in traffic by motorbike? Thank you.

FDVN’s Opinion:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

It is stipulated in Clause 2, Article 33 of Circular No. 12/2017/TT-BGTVTdated on April 15, 2017 on driver training, driving tests and issuance of driving licenses for road motor vehicles that:

“Article 33. Use and management of driving licenses

2. If a person want to integrate driving licenses, (s)he shall fill in the training and testing request form to grant driving license prescribed in Appendix 7 enclosed herewith or follow driving license renewal procedures as prescribed in Article 38 hereof..”

Accordingly, the integration of a driver's license is an individual's need and optional. If you need to integrate your driver's licenses, you must carry out the procedures under the law.

In case you violate the regulations while in traffic and have your driving license revoked temporarily, according to Clause 2, Article 58 of Law on the handling of administrative violations 2012, “2. An administrative violation record must clearly indicate the date and place of making the record; full name and position of the maker, full name, address and occupation of the violator or name and address of the violating organization; time, date and location when and where the administrative violations occur; acts of violations; measures taken to prevent the administrative violations and ensure handling; conditions of the seized material evidences and means; statements of the violators or representatives of the violating organizations. If there are witnesses, victims or representatives of the victim organizations, their full names, addresses and statements must be indicated in the record; rights and term of explaining administrative violations of violators or representatives of violating organizations; agencies receiving explanations.”

Accordingly, when making a record of administrative sanctions, information about the violation, the fine level, the additional penalties... shall be clearly stated. Therefore, after the forfeiture of the integrated driver's license, with the error related to the B2 class license, you can be in traffic within the range of the A1 class license. If you have to show your documents, you can show the record of the forfeiture of this integrated driver's license.

Above is our legal opinion on your requests. We hope that this opinion will be useful to you.

Nguyễn Thị Thanh Thanh Trà -  FDVN Law Firm

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

56A Dien Bien Phu, Hue City, Thua Thien Hue

336 Phan Chu Trinh, Hue City, Thua Thien Hue

Lawyers in Phu Quoc:

65 Hung Vuong, Duong Dong town, Phu Quoc island district

Lawyers in Quang Ngai:

359 Nguyen Du, Quang Ngai City, Quang Ngai Province.

Lawyers in Ha Noi

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Lawyers in Nghe An

 No. 19 V.I Lenin street, Vinh City, Nghe An Province

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/