Key changes in Decree no. 238/2026/NĐ-CP on road traffic violation sanctions
1. How Have Penalties for Violations Involving Children in Automobiles Changed?
Warning Sanction: The Decree supplements a warning penalty for automobile drivers transporting children under 10 years of age and under 1.35 meters in height without using appropriate child safety restraint devices as prescribed (this regulation does not apply to commercial passenger transport vehicles).
Child Seating Position: Concurrently, transporting children under 10 years of age and under 1.35 meters in height in the same row of seats as the driver (except for automobiles with only one row of seats) shall also be subject to monetary fines.
2. How Are Acts of Obscuring or Altering License Plate Information Sanctioned?
Tightened Management of License Plates: Decree No. 238/2026/ND-CP supplements and clarifies heavy sanctions for automobiles and motorbikes that fail to mount full license plates, mount plates in improper positions, or fail to meet prescribed specifications.
Prohibited Modifications: Acts such as displaying illegible alphanumeric characters, bent, obscured, stickered, or painted plates that alter characters or colors, as well as using devices or materials to alter or hinder the identifiable recognition of license plate information by traffic surveillance and specialized technical equipment, shall be strictly sanctioned.
3. What Are the New Points Regarding Commercial Transport and Contract Vehicles?
Contract Vehicles & Internal Transport: Supplements specific sanctions for contract passenger transport automobiles and internal transport vehicles failing to install, maintain operational integrity, or falsifying data from journey monitoring devices (dashcams/telematics), driver-recording cameras, and passenger compartment-recording cameras.
Sanctions Against "Disguised" Commercial Vehicles: Imposes a monetary fine from VND 12,000,000 to VND 14,000,000 on drivers of non-commercial passenger vehicles who transport passengers for remuneration, execute transport contracts, or accept bookings to carry passengers, along with a mandatory deduction of up to 06 points from their driving license.
4. What Are the Key Highlights on Driving License Point Deductions and Restoration?
No Point Deduction During License Revocation: Amends Point dd, Clause 1, Article 50 so that competent authorities shall not execute point deductions from a driving license while that driving license (or international driving permit) is currently under a period of revoked usage rights.
Updating Point Deduction Data: When Chairpersons of Commune-level or Provincial-level People's Committees issue administrative sanctioning decisions involving driving license point deductions, the Head of the Traffic Police Division under the Provincial Police Department is responsible for updating this data into the National Database on Administrative Violations Handling in Road Traffic Order and Safety.
5. What Is the Implementation Roadmap for On-Board Surveillance Devices and Cameras?
The Decree supplements transitional provisions to afford enterprises and vehicle owners sufficient preparation time for technical infrastructure:
Driver-Recording Cameras: Sanctions regarding driver-recording equipment for commercial transport automobiles under 08 seats, trucks, and internal transport vehicles will officially take effect on January 1, 2028.
Passenger Compartment Cameras: Sanctions regarding passenger compartment-recording devices will officially apply starting January 1, 2029.









