Public Security Ministry outlines reasons to amend and supplement Decree 168

After more than one year of implementing Decree 168/2024/NĐ-CP, the Ministry of Public Security said the enforcement has basically met requirements to strengthen state management. The number of violations processed has increased, while traffic accidents have fallen compared with the same period.

However, the ministry noted that road traffic order and safety remain complex. It cited ongoing practices such as vehicles not registered for transport business still carrying passengers or goods for profit; transport businesses operating under cover, creating unfairness and reducing transparency in transport activities and revenue for the State budget; and conduct aimed at evading road transport regulations. It also pointed to insufficient penalties for nonstandard container trucks, containers on trailers, and trailers exceeding permitted dimensions.

Jurisdiction gaps and the need for amendments

The drafting agency said that from March 1, 2025, the Ministry of Public Security took over state management of driver licensing examinations and licensing from the Ministry of Transport (now the Ministry of Construction). Despite this, it said traffic police have not penalized violations related to driver licensing because jurisdiction under the Decree remains unresolved.

For these reasons, the drafting agency said it is necessary to study and issue amendments to Decree 168/2024/NĐ-CP, covering penalties for administrative violations in road traffic and provisions on removing and restoring driving license points.

The agency said the purpose of the amendments is to ensure the legal system is complete and consistent on administrative violations, order and road traffic safety; to facilitate law enforcement; and to address practical gaps that arise in implementation, thereby increasing the effectiveness of state management. It also said the amendments aim to protect the safety of life and health for road users and better protect human rights and citizens’ rights.

“The Draft Decree aims to tighten discipline in complying with road traffic regulations, especially for organizations, individuals and drivers of transport businesses,” the drafting agency stressed.

Proposed higher fines and asset seizure

The draft Decree proposes increasing fines for on-duty People’s Public Security officers to up to 7.5 million dong, compared with the current maximum of 500,000 dong. It also proposes seizure of violative objects and vehicles with a value not exceeding 15 million dong.

For commune-level Police chiefs, the draft proposes penalties up to 37.5 million dong (currently 2.5 million). For the Chairman of the People’s Committee at commune level, penalties could also reach 37.5 million dong (currently 5 million).

Revisions related to passenger transport compliance

The draft Decree also revises and supplements provisions on passenger transport operations, including requirements for equipment and monitoring devices.

It revises point i, clause 3, Article 3 to require installation of vehicle tracking devices, devices recording driver images, devices recording images of the passenger compartment, seat belts, child safety equipment, and other equipment as prescribed.

It also revises point i, clause 3, Article 3 to require provision, updating, transmission, storage, and management of information and data from journey monitoring devices and driver image recording devices installed on passenger cars as prescribed.

The draft revises point m, clause 3, Article 6 to address carrying children under 10 years old and under 1.35 meters in the same seat as the driver (except for vehicles with a single row of seats), and the requirement to use suitable safety devices for children (with an exception for transport businesses).

Higher penalties for violations involving monitoring devices

The draft amends several points and clauses of Article 32. It proposes fines ranging from 5–6 million dong for individuals and 10–12 million dong for organizations for violations including:

• Providing a vehicle without a monitoring device, or with a device installed but not functioning or with falsified data from the device.
• Providing a vehicle without a driver image recording device, or with a device installed but not recording or not storing data as required, or falsifying data recorded by the driver image device installed on the vehicle.

It also adds Clause 8a after Clause 8, proposing fines of 12–14 million dong for drivers who do not engage in passenger transport business but transport paying passengers or sign a contract, or receive bookings to transport passengers on the vehicle.

According to the Ministry of Public Security, the draft is under consultation until 19 April 2026.

Enforcement and accident figures after one year

After more than a year of Decree 168 taking effect, authorities issued records for 3,324,346 administrative violation cases, with fines totaling 6,727 billion 109 million dong (about 6.727 trillion dong).

The ministry reported that the total included 634,556 cases of alcohol-related violations (16.65% of violations); 3,401 cases of drivers testing positive for drugs (0.09%); 37,931 cases of overloading; 786,484 speeding violations (20.63%); 57,041 cases of disobeying traffic lights or traffic controllers (1.5%); 178,295 cases of driving in the wrong lane or road (4.68%); 23,639 cases of improper overtaking; and 13,865 cases involving transport drivers using mobile phones or other electronic devices and issues related to monitoring devices.

It also said 147,289 cases involved school-age students violating road safety rules (4.43% of processed violations).

Traffic accidents: fewer incidents, deaths and injuries

In terms of traffic accidents, there were 18,447 incidents, resulting in 10,379 deaths and 12,282 injuries. The ministry reported 26 particularly serious cases, with 96 deaths and 74 injuries.

Compared with the same period in 2024, there were 5,293 fewer incidents, 708 fewer deaths, and 5,257 fewer injuries.

Reported root causes of accidents

Reported root causes included: inattention by drivers (21.06%); driving in the wrong lane or direction (11.98%); violations of turning safety rules (9.66%); alcohol and stimulants use (8.2%); unsafe overtaking (3.75%); speeding (3.13%); failure to yield the right of way (2.9%); failure to maintain safe distances (2.81%); unsafe crossing (2.14%); violations of traffic signs (1.01%); lack of a driving license or license not issued by the competent authority (0.82%); improper driver operations or reversing (0.58%); improper overtaking avoidance (0.52%); fatigue or drowsiness (0.44%); improper stopping (0.44%); drug use (0.36%); vehicle not in safe technical condition (0.09%); and other causes (3.37%).

Source: Thanh Hà (Tien Phong)