Chỉ thị 20/2002/CT-BGTVT

DIRECTIVE

ON CONTINUING TO ENHANCE RESPONSIBILITY IN MANAGING THE DRIVER TRAINING, DRIVING TEST AND GRANTING OF DRIVING LICENSES

In furtherance of the Government’s Decree No. 36/CP of May 29, 1995 on ensuring land road traffic order and safety and urban traffic order and safety, the Ministry of Communications and Transport has coordinated with other ministries in fully promulgating legal documents concerning the management of the driver training, driving test and granting of driving licenses, coordinated with the other ministries, departments and branches in conducting comprehensive inspections once every two years in order to step by step reorganize and streamline the system of driver-training establishments, reorganize the boards for management of driving tests in the whole country with a view to improving the quality of the driver training, driving test and granting of driving licenses, thereby contributing to ensuring traffic order and safety.

Nevertheless, since the State management agencies which are assigned by the Ministry of Communications and Transport to directly manage the driver training, driving test and granting of driving licenses have relaxed their management, failing to regularly inspect the process of driver training, driving test as well as granting of driving licenses at the establishments and failing to strictly handle cases of violation when they occur, in the recent past, the driver training, driving test and granting of driving licenses have been commercialized in a number of localities; some establishments, such as those in Long An, Lam Dong, Lang Son and Binh Phuoc provinces, committed serious violations, having sold out thousands of car- and motorcycle-driving licenses without organizing training or tests, hence being handled according to law.

Despite such warning, through the 2002 general inspection by the Ministry of Communications and Transport, as many as 23 out of 139 driver-training establishments were detected to be fraught with the following problems: Having failed to make adequate investment in building their material bases, insufficient teaching equipment and facilities, driving yards not up to prescribed standards, having trained a far more people than the permitted numbers, and therefore they have been suspended from recruitment or their training levels downgraded and training quotas cut down, or have been even banned from conducting training. Some provincial/municipal Communications and Transport or Communications and Public Works Services have not yet paid due attention to managing the driver training and driving test: Insufficient number of managerial personnel; biased selection or selection of unqualified staff; failure to regularly inspect, supervise and educate their staff; no attention being paid to building driving-test centers; and these problems have resulted in the low quality of the driver training and driving test, as well as the danger of negative and hassling acts.

To cope with the recent situation of increasing traffic accidents, the Prime Minister has directed the Ministry of Communications and Transport to intensify its State management in order to improve the quality of the driver training, driving test and granting of driving licenses. Therefore, the Ministry of Communications and Transport hereby requests the People’s Committees of the provinces and centrally-run cities and the concerned ministries and branches to, within the scope of their respective responsibilities, coordinate with the Ministry of Communications and Transport in strictly implementing the Prime Minister’s Directive. At the same time, in order to overcome weaknesses and mistakes still existing in the work of driver training, driving test and granting of driving licenses, the Ministry of Communications and Transport also requests Vietnam Land Road Department, the provincial/municipal Communications and Transport or Communications and Public Works Services, the driver-training establishments and the concerned agencies to seriously perform the following tasks:

I. FOR THE PEOPLE’S COMMITTEES OF THE PROVINCES AND

To request the People’s Committees of the provinces and centrally-run cities to direct and inspect the provincial/municipal Communications and Transport or Communications and Public Works Services to seriously perform the tasks already decentralized to them in the driver training, driving test and granting of driving licenses; to create conditions and render support for them to expeditiously build driving test centers according to the planning already approved by the Ministry of Communications and Transport; to inspect and direct the strict handling of negative cases having occurred in the driver training, driving test and granting of driving licenses in their respective localities.

II. FOR THE CONCERNED MINISTRIES AND BRANCHES

To request the Ministry of Labor, War Invalids and Social Affairs to direct the provincial/municipal Labor, War Invalids and Social Affairs Services to coordinate with the provincial/municipal Communications and Transport or Communications and Public Works Services in closely managing the driver training at the training establishments just like managing the training of other professions and jobs.

The ministries which have driver-training schools should direct and inspect these schools in their observance of the State management regulations issued by the Ministry of Communications and Transport.

III. FOR VIETNAM LAND ROAD DEPARTMENT

1. Vietnam Land Road Department, which is assigned by the Ministry to manage the driver training, driving test and granting of driving licenses in the whole country, shall have to actively direct, guide and further inspect the training and test of drivers in all the provincial/municipal Communications and Transport or Communications and Public Works Services as well as driver-training establishments in the localities. The Department director must be accountable to the Minister for the occurrence of negative acts in the work of driver training, driving test and/or granting of driving licenses; and at the same time apply measures to resolutely deal with the Department’s officials and employees who show negative signs in managing the driver training, driving test and granting of driving licenses.

2. Not the setting up of driver-training establishments nor grant driver-training permits to the newly-founded ones.

3. To coordinate with the Organization, Personnel and Labor Department in inspecting all the driver-training establishments with problems detected in the 2002 general inspection; if these establishments still fail to solve these problems, their driver-training permits shall be withdrawn and such withdrawal be widely announced via the mass media for the people’s supervision.

4. To direct the Sections for management of transport, means and drivers under Land Road Management Regions II, IV, V and VII to coordinate with the concerned agencies in intensifying the inspection of the training process of the driver-training establishments and the management of the driver training, driving test and granting of driving licenses by the provincial/municipal Communications and Transport or Communications and Public Works Services to ensure their observance of the regulations of the Ministry of Communications and Transport. Upon detection of violations committed by individuals and organizations, to promptly report them to Vietnam Land Road Department for handling according to its competence or for further reporting to the Ministry of Communications and Transport for handling.

5. To coordinate with the concerned agencies in closely and specifically inspecting the training establishments which apply for the re-granting of driver-training

6. To give guidance on the order and procedures so that the provincial/municipal Communications and Transport or Communications and Public Works Services can report to the provincial/municipal People’s Committees or the ministries or branches to permit the investment in building driving test centers according to the plannings and up to the standards already promulgated by the Ministry of Communications and Transport.

- To coordinate with the Finance-Accountancy Department of the Ministry in working with the Ministry of Finance to determine an appropriate financial mechanism to enable the localities to accelerate the tempo of building driving test centers; for the immediate future, to adopt a financial mechanism for the completion of the capital construction of testing yards. To strive to have at least 10 driving test centers (including centers which only have their capital construction completed), evenly distributed in North Vietnam, Central Vietnam, Ho Chi Minh City and Mekong River Delta, and put into operation by 2004.

- To resolutely direct the provincial/municipal Communications and Transport or Communications and Public Works Services, pending the availability of concentrated testing yards, to select one site only, except for and where no more than two sites can be selected, for organizing the driving tests, and not to organize the driving tests at the training establishments.

- To draw up plans guiding the putting of the training of drivers of all levels in the establishments in five provinces of Hai Duong, Hung Yen,

- The Land Road Department shall only be allowed to directly organize the driving tests at two driver-training establishments in for drawing experiences in order to finalize the legal documents on training, the rest shall be assigned to municipal Communications and Public Works Service. Immediately from the first quarter of 2003, to put the training of drivers of all levels (except B1 and B2) in the establishments where the Department organizes the driving tests into the Chi Linh driving-test center for test.

7. The Department shall conduct regular studies in order to advise the Ministry on perfecting legal documents on driver training for implementation by the establishments.

8. To set up and maintain the hotline of the Department and announce it widely on the mass media. If any negative act is reported through this hotline, it must be promptly handled and reported to the Ministry.

9. Vietnam Land Road Department shall have to give professional guidance to all driving-test centers nationwide to ensure that they comply with all regulations of the Ministry of Communications and Transport. To link soon the Department’s information network with the provincial/municipal Communications and Transport or Communications and Public Works Services so that the Department can closely direct the driver training and driving test in the localities.

IV. FOR THE PROVINCIAL/MUNICIPAL COMMUNICATIONS AND TRANSPORT OR COMMUNICATIONS AND PUBLIC WORKS SERVICES

1. The provincial/municipal Communications and Transport or Communications and Public Works Services, which are assigned by the Ministry of Communications and Transport to manage the driver training, driving tests and granting of driving licenses, shall have to intensify the guidance on and inspection of the training work in the establishments in their respective localities; organize the driving tests and granting of driving licenses in a serious manner, including the motorcycle-driving tests and granting of motorcycle-driving licenses. The directors of these Services shall be responsible if negative acts occur in the driver training, driving tests and/or granting of driving licenses in their respective localities.

2. To regularly coordinate with the provincial/municipal Labor, War Invalids and Social Affairs Services and the agencies that directly manage the driver-training establishments in regularly or unexpectedly inspecting the driver-training classes so as to ensure that they fully comply with the regulations promulgated by the Ministry of Communications and Transport.

3. To assign the driver-training establishments the responsibility to open motorcycle-driving classes, providing the trainees with thorough knowledge of the Land Road Traffic Law and safe driving skills. At present there

4. Each provincial/municipal Service shall appoint a leading official to be responsible for managing the driver training, driving tests and granting of driving licenses within the territory of its province or city and arrange sufficient personnel who have good moral qualities and professional qualifications to manage the driver training, driving tests and granting of driving licenses. To build an individual responsibility regime for application to the persons assigned to perform this task, and, at the same time, to apply inspecting and supervising measures so that the assigned officials fulfil their duties. In cases where it is reported or detected that officials show negative signs, to resolutely transfer them to other jobs or handle them strictly. The Services should employ testers being trainers of the training establishments who have been granted certificates by the Department, and officials of their Sections to participate in the driving tests.

5. To concentrate on building driving-test centers is an essential and urgent task in order to implement the Land Road Traffic Law. Therefore, the provincial/municipal Services should draw up specific

Pending the construction of driving-test centers, each provincial/municipal Service shall be allowed to organize the driving tests at one site only (or no more than two sites for Hanoi and Ho Chi Minh City) if they meet all conditions for implementing the testing procedures, then report such to Vietnam Land Road Department for monitoring and management, and, at the same time, announce the test site publicly so that agencies and people can know, inspect and supervise.

V. FOR THE AGENCIES WHICH DIRECTLY MANAGE DRIVER-TRAINING ESTABLISHMENTS

1. The heads of the agencies which directly manage driver-training establishments shall have to direct and inspect the driver-training establishments in their compliance with all regulations of the Ministry of Communications and Transport on management of the training of drivers. If any negative acts are committed, they shall also be held responsible therefor.

2. To support the driver-training establishments in making investment in upgrading their material bases, renewing equipment and vehicles used for driving practice so as to improve the driver-training quality.

3. To closely coordinate with the provincial/municipal Communications and Transport or Communications and Public Works Services and Labor, War Invalids and Social Affairs Services in inspecting driver-training classes and courses, the collection and spending of driver-training charges to ensure that the establishments strictly comply with the driver-training management regulations and current regimes related to driver training.

VI. FOR DRIVER-TRAINING ESTABLISHMENTS

1. To organize training according to the right levels, numbers of trainees, locations and duration inscribed in the driver-training permits. Not to shorten the driver-training programs and duration. To recruit trainees, inaugurate and organize training courses, organize final exams, grant graduation certificates to trainees, and archive the training courses’ dossiers and documents according to the job-training regulations of the State and the driver-training regulations of the Ministry of Communications and Transport.

2. To reinforce their technical and material bases. In 2004, under the driver-training regulations, the Ministry of Communications and Transport shall periodically organize the general inspection. Any establishments which fail to satisfy the prescribed standards, violate regulations and fail to replace obsolete and outmoded vehicles for driving practice with modern ones similar to those used in the driving-test centers shall not be allowed to continue the driver training.

3. They are prohibited from entering into joint ventures, cooperation or opening training branches in contravention of law.

4. The heads of the driver-training establishments where negative acts are committed shall also be responsible therefor to competent State bodies.

VII. FOR THE FUNCTIONAL DEPARTMENTS OF THE MINISTRY

1. The Organization, Personnel and Labor Department shall have to oversee the process of implementation of the Ministry’s regulations concerning the management of the driver training, driving tests and granting of driving licenses. To coordinate with the Ministry’s Inspectorate in well organizing the general inspection of this work in 2004.

2. The Legislation-Transport Department which has established a hotline shall, upon receiving any information on negative acts in this work, should report them to the Ministry’s leadership for assigning the functional bodies to handle them.

3. The Finance-Accountancy Department shall continue working with the Ministry of Finance so as to devise a financial mechanism applicable to the centers in charge of organizing the driving tests and granting driving licenses.

4. The Planning and Investment Department shall continue seeking funding sources for the completed construction of driving-test centers in Son Tay, Chi Linh, Communications and Transport Technique School III and the Mekong River Delta Region Communications and .

The management of the driver training, driving tests and granting of driving licenses plays a very important role. The good performance of this work shall contribute to ensuring land road traffic safety. Therefore, the Ministry of Communications and Transport requests Vietnam Land Road Department, provincial/municipal Communications and Transport or Communications and Public Works Services, driver-training establishments and concerned agencies to properly implement the contents of this Directive. Any problems arising in the course of implementation should be promptly reported to the Ministry of Communications and Transport for consideration and settlement.