Traffic Regulations and Debates: Vietnam’s Evolving Road Laws

Traffic Regulations and Debates: Vietnam’s Evolving Road Laws
Graphic: The Vietnamese Magazine.

Trọng Phụng, Ngọc Hà, and Đăng Thiên wrote this Vietnamese article, published in Luật Khoa Magazine on February 19, 2025. Jason Nguyen translated it into English for The Vietnamese Magazine.


Splitting the Road Traffic Law into Two Sets

One of the most widely covered public policy topics in Vietnamese media is traffic regulations, which range from alcohol bans and driver’s license point deductions to retrospective traffic fines and stricter penalties.

In 2020, as part of the revision of the 2008 Road Traffic Law, the Ministry of Transport and the Ministry of Public Security (MPS) proposed splitting the law into two separate bills: the amended Road Traffic Law and the Road Traffic Order and Safety Law.

On November 16, 2020, this proposal was debated in the National Assembly, with significant opposition from lawmakers. Representative Nguyễn Quốc Hận (Ca Mau) outlined four reasons against the separation:

  1. The legislative process did not align with Article 51 of the Law on Promulgation of Legal Documents.
  2. Traffic regulations — including infrastructure, rules, vehicles, and participants — form an integrated system that should not be split.
  3. Ensuring traffic safety is an objective, not a separate regulatory domain.
  4. Splitting the law would necessitate further legal divisions, complicating governance between ministries and local authorities.

In response, then-Minister of the MPS Tô Lâm (now General Secretary of the Communist Party of Vietnam) argued that this was not a legal split but rather a refinement of specific regulatory areas. He asserted that traffic safety management falls under the jurisdiction of the MPS. Lam also emphasized that the ministry would assume additional responsibilities without increasing personnel or administrative costs.

On November 17, 2020, the National Assembly’s 14th term legislators voted on the matter, with 72.95% (302 out of 414) opposing the separation. However, 60.63% (321 out of 414) supported considering a new law in the 15th National Assembly’s second session.

Despite continued expert recommendations against splitting the law — citing potential public confusion and bureaucratic overlap — the National Assembly’s 15th term eventually passed a resolution on June 2, 2023, approving the separation. The government then submitted the draft Road Law and Road Traffic Order and Safety Law in October 2023, with an expected final vote in May 2024.

The National Assembly officially approved both laws on June 27, 2024. Subsequently, on November 15, 2024, the government issued Decree 151/2024/ND-CP detailing the Road Traffic Order and Safety Law implementation measures.

A Complete Ban on Drunk Driving

During drafting the Road Traffic Order and Safety Law, a heated debate emerged regarding permissible blood alcohol levels for drivers.

On March 15, 2024, the National Assembly’s National Defense and Security Committee proposed two options:

  1. A complete ban on driving under the influence of any alcohol.
  2. A legal limit of 50mg of alcohol per 100ml of blood or 0.25mg per liter of breath.

The first option aligned with Vietnam’s 2020 Law on Alcohol Harm Prevention and Decree 100/2019 on administrative penalties in road and railway traffic.

On March 27, 2024, lawmakers debated both options. Representative Phạm Văn Hòa (Đồng Tháp) supported the second option, citing Vietnam’s cultural tradition of moderate alcohol consumption during social gatherings. He argued that a zero-tolerance policy was impractical, as alcohol could remain in the bloodstream overnight, leading to unfair penalties.

Similarly, Representative Huỳnh Thị Phúc (Bà Rịa - Vũng Tàu) expressed concerns that even certain fruits could cause trace alcohol levels, making a strict zero-alcohol rule problematic.

However, other legislators backed an absolute ban, prioritizing public safety. The drafting committee, led by the MPS, supported the zero-tolerance approach, citing Vietnam’s social tolerance for drinking and suboptimal traffic conditions compared to developed nations.

On June 27, 2024, the National Assembly approved the Road Traffic Order and Safety Law, enforcing a strict alcohol ban for drivers.

Under Decree 168/2024, effective January 1, 2025, violators face three levels of fines:

  • Up to 50 mg/100 ml blood or 0.25mg/liter breath: 6-8 million dong for cars, 2-3 million dong for motorbikes.
  • 50 mg-80 mg/100 ml blood or 0.25 mg-0.4 mg/liter breath: 18-20 million dong for cars, 6-8 million dong for motorbikes.
  • Above 80 mg/100 ml blood or 0.4 mg/liter breath: 30-40 million dong for cars, 8-10 million dong for motorbikes.

Additionally, drivers now have a 12-point system, with penalties leading to progressive point deductions instead of immediate license revocation.

License Point Deduction System

Under Decree 123/2021, serious traffic violations could result in license suspensions of up to 24 months and fines of up to 40 million VND. Because of this, many drivers opted to abandon their licenses rather than reclaim them.

In April 2024, the new law introduced a 12-point system. Points are deducted for violations, and if a driver loses all their points within a year, they must retake traffic law and safety courses.

Decree 168/2024 specifies deductions ranging from 2 to 10 points depending on the offense. The most severe violations, such as exceeding alcohol limits or reversing on highways, result in 10-point deductions. Serious offenses, like high alcohol levels or drug influence while driving, still warrant direct license suspension (22-24 months).

This system mirrors the "hole-punch" model from Decree 15/2003, which was abandoned in 2007 due to enforcement challenges. The Ministry of Public Security assures that the new point system will be automated to prevent corruption.

Controversy Over Citizens Recording Traffic Police

In October 2024, the MPS issued Circular 46/2024, revising Circular 67/2019 on public oversight of traffic police. A key change was removing the provision that allowed citizens to record police conduct, citing concerns that some individuals misused recordings to damage the force’s reputation or incite public unrest.

The ministry argued that the change aligns with Vietnam’s Personal Data Protection Decree (13/2023/ND-CP) and other privacy laws. However, public backlash ensued, prompting legal reviews. The Department of Legal Document Review later clarified that citizens retain the right to film traffic police unless in restricted areas.

Circular 46 also removed transparency requirements, such as publishing traffic enforcement schedules, raising concerns about accountability.

Stricter Traffic Violation Penalties Under Decree 168

Decree 168/2024, effective January 1, 2025, significantly increases penalties for traffic violations. Running a red light will incur fines of 4-6 million dong for motorbikes and 18-20 million dong for cars. The decree coincides with heightened traffic congestion in major cities like Hà Nội and Hồ Chí Minh City, exacerbating enforcement challenges.

State-controlled media praised the new fines as a deterrent against violations, while independent outlets questioned their proportionality to average incomes. Critics warn that fear-based compliance may foster corruption rather than a genuine respect for traffic laws.

Retrospective Traffic Fines and Financial Rewards for Reporting Violations

Since August 2020, Vietnam has implemented "retrospective traffic fines," using traffic cameras to identify violators. Accordingly, authorities collect information and images of traffic violations through a camera system installed along various roadways. These are then sent to a processing center, as stipulated in Circular 65/2020 issued by the MPS.

As of January 1, 2025, under Circular 73/2024, authorities must notify offenders within 10 days and process fines through centralized databases.

This process has drawn significant public attention, especially as many provinces and cities—such as Hà Nội, Hồ Chí Minh City, Hải Phòng, and Nghệ An—have implemented camera systems for issuing retrospective traffic fines.

Decree 176/2024 notably introduces monetary incentives for citizens who report traffic violations. Informants can receive up to 10% of the fine amount, capped at 5 million dong per case.

Reports can be submitted via VNeTraffic, an app developed by the MPS, police hotlines, and Zalo (a communication application) chat groups. Although execution details remain unclear, online forums have already seen discussions on how to profit from reporting violations, leading to concerns over potential abuse.

As Vietnam’s traffic laws evolve, public debate continues over their enforcement, impact, and fairness in a rapidly urbanizing society.

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