Thông tư 12/2017/TT-BGTVT

CIRCULAR

REGULATIONS ON DRIVER TRAINING, DRIVING TESTS AND ISSUANCE OF DRIVING LICENSES FOR ROAD MOTOR VEHICLES

Pursuant to the Law on Road traffic dated November 13, 2008;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 on functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 65/2016/ND-CP dated July 1, 2016 on stipulating requirements for provision of car driver training and testing services;

At the request of General Director of Organization and Personnel Department and General Director of Directorate for Roads of Vietnam,

The Minister of Transport promulgates the Circular regulating driver training, driving tests, and issuance of driving licenses for road motor vehicles.

Part I

GENERAL PROVISIONS

Article 1. Scope

This Circular regulates driver training, driving tests and issuance of driving licenses for road motor vehicles.

Article 2. Regulated entities

1. This Circular applies to agencies administering driver training, driving tests, and issuance of driving licenses, driver training institutions, driving test centers, organizations and individuals in connection with driver training, driving tests, and issuance of driving licenses for road motor vehicles nationwide.

2. This Circular does not regulate driver training, driving tests, and issuance of driving licenses in the areas of public security, military performing the tasks of national defense and security.

Article 3. Definitions

In this Circular, these terms are construed as follows:

1. Trucks, specialized trucks, cars mean motor vehicles as intended in TCVN 6211:2003, TCVN 7271:2003.

2. Tractor means four-wheel motor vehicles used to haul a trailer.

3. Small tractor means a type of motor vehicles coupled to a body, controlled by arms or steering wheels; having four wheels (two front wheels supporting the tractor, two rear wheels supporting the body).

4. Loading capacity of trucks used for driver training means quantity of goods permitted to participate in traffic according to original design of truck as regulated by the manufacturer.

5. Design loading capacity of specialized trucks, cars mean quantity of goods permitted to participate in traffic according to design of trucks of the same type or similar.

6. Driving practice period means the period of time a licensed driver has operated a type of motor vehicles as specified in the driving license.

7. Person practicing as a driver refers to the person who earns his/her living as a driver.

8. Numbers of driving license templates mean the codes prescribed by template producers, written at the back side of driving license including 02 initial letters followed by numbers in order to identify driving license.

Part II

DRIVER TRAINING FOR ROAD MOTOR VEHICLES

Chapter I

MANAGEMENT OF DRIVER TRAINING

Section 1. STANDARDS, DUTIES AND AUTHORITY OF DRIVER TRAINING INSTITUTIONS

Article 4. Management of activities of driver training institutions

1. Institutions carrying out driver training and driving tests may use driver testing yard for driving instructions.

2. Instructors in charge of practices must have passed driving instructor training under the program promulgated by Directorate for Roads of Vietnam.

3. Based on conditions for classrooms, driver training yard, instructors according to regulations of the Government’s Decree No. 65/2016/ND-CP dated July 1, 2016 on stipulating requirements for provision of car driver training and testing services (hereinafter referred to as Decree No. 65/2016/ND-CP) the amount of training for each class shall be determined by multiplying the number of driving practice cars for such class (including cars with automatic transmissions) by the number of learners on a car and by coefficient 02 (two), number of learners for a practice session should not exceed training institutions’ capacity to meet number of training cars for each class.

4. A1, A2, A3, A4 class driver training institutions must report the training plan to local Departments of Transport, where the training institution is located for monitoring and management.

Article 5. Duties and authority of driver training institutions

1. Organize enrollment to ensure conditions for learners as prescribed in Article 7 hereof.

2. Sign training contracts with car driving learners in accordance with Law on Vocational education.

3. Make public announcement about the Regulation on enrollment and training management.

4. A1, A2, A3, A4 class driver training institutions must maintain in conformity with facilities and technical standards under regulations on the technical and professional standards of driver training institutions stipulated by Directorate for Roads of Vietnam.

5. Organize training beginners and upgrading classes according to amount of training, duration, locations and classes of driving licenses specified in driver training licenses.

6. Organize A1, A2, A3, A4 training classes according to registered training plan as prescribed in Appendix 10 enclosed herewith.

7. May organize training on public holidays, non-working days, during hours other than office hours for people who demand but must ensure the content, program and time as prescribed.

8. Register testing periods as prescribed.

9. Maintain and reinforce facilities for teaching and learning to improve training quality.

10. Store relevant documents and materials of training courses.

11. Ensure instructors wear badge “driving instructors” and learners wear badge “learners”; Badges shall be granted and managed by driver training institutions as prescribed in Appendix 1a, Appendix 1b enclosed herewith.

12. Organize inspection and issuance of primary-level certificates or training certificates to car and A4-class tractor learners.

13. Collect and use training fees according to effective regulations.

14. Carry out recruitment, management and organize training to enhance professional competence of instructors, meeting prescribed standards and request competent agencies to inspect and issue driving instructor certificates in accordance with regulations.

15. Make reports on registration for driving tests

a) A1, A2 class training: training institutions should make reports on registration for driving tests according to forms as prescribed in Appendix 2 enclosed herewith; the reports must be affixed with the training institution’s stamp on adjoining edges of pages;

b) A3, A4, B1, B2, C, D, E and F class training: training institutions should make reports on registration for driving tests, lists of learners (report 1), lists of driving licenses requested for verification (in case of upgrading of driving license classes), training plan according to forms as prescribed in Appendices 3a, 3b, 3c and 4 enclosed herewith to testing administration authorities; reports must be affixed with the institution's stamp on adjoining edges of pages;

Report 1 shall be sent by post and transmitted through driving license information system to Directorate for Roads of Vietnam or the Department of Transport at least 04 working days prior to testing period for A1, A2 classes, after opening day for A3, A4 classes, no more than 07 days after opening day for B1, B2, D, E, F classes and no more than 15 days after opening day for C class; Head of testing administration board shall inspect and sign her/his name on each page.

Article 6. Documents serving training and management by driver training institutions

1. Driving teaching courses shall comply with framework of driver training curriculum promulgated by Directorate for Roads of Vietnam.

2. Forms, books used by driver training institutions:

a) Training plan prescribed in Appendix 4 enclosed herewith;

b) Progress of training car drivers of all classes prescribed in Appendix 5 enclosed herewith;

b) Logbook of driving practices prescribed in Appendix 6 enclosed herewith;

d) Class record book, register of basic-level training certificates, training certificates as prescribed by the Ministry of Labor, Invalids and Social Affairs;

3. A4 class driver training institutions shall use registers prescribed in Point c, d, Clause 2 hereof.

4. A1, A2, A3 class driver training institutions shall use lists of learners registering driving test as training management documents.

5. Time of recordkeeping

Permanent for register of issued training certificates;

b) 02 years for graduation tests and the remaining documents;

c) Invalid documents shall be destroyed according to effective regulations.

Section 2. DRIVING LEARNERS

Article 7. Requirements for driving learners

1. Vietnamese citizens, foreigners who are eligible for residing, working or studying in Vietnam.

2. Minimum ages (to the time of attending the test), health and educational level as prescribed; those who apply for license upgrade may learn in advance but must be old enough to attend the test as prescribed.

3. Learners that apply for a license upgrade must obtain time and number of kilometers of safe driving as follows:

B1 class with automatic transmissions to B1: at least 01 year of driving and 12,000 km of safe driving;

b) B1 class to B2: at least 01 year of driving and 12,000 km of safe driving;

c) B2 class to C, C class to D, D class to E; B2, C, D, E classes to F; D, E classes to FC: at least 03 years of practicing as a driver and 50,000 km of safe driving;

d) B2 class to Article, C class to E: at least 05 year of practicing as a driver and 100,000 km of safe driving.

4. Learners that apply for upgrade their license to D, E classes must obtain lower secondary education degree or above.

Article 8. Forms of training

1. Applicants for class A1, A2, A3, A4 and B1 licenses might learn the theories themselves but must apply for the test at institution licensed for training; applicants for class A4 and B1 licenses must be tested and issued with certificates of course completion of the training course.

2. Applicants for class B2, C, D, E and F licenses must be trained at institutions licensed for training, tested, and issued with certificates of basic training or certificates of course completion. Within more than 01 years from the day on which the training institution finishes the examination and consideration of graduation certificates, if the applicant is not granted basic-level training certificates or training certificates, he/she must apply for a new course again.

Article 9. Application of learners

1. Learners that apply for the first license shall submit 01 application directly at the training institution, which consists of:

a) Application for learning, test and issuance of driving license according to form prescribed in Appendix 7 enclosed herewith;

b) The copy of people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens; copy of unexpired passport for overseas Vietnamese;

c) The copy of passport valid for more than 06 months and temporary residence card/permanent residence card/diplomatic identity card/official identity card for foreigners;

d) Health certificates issued by competent medical facilities as prescribed.

2. Every applicant for the first license shall submit 01 application directly at the training institution, which consists of:

Documents as prescribed in Clause 1 of this Article;

b) Written declaration of the time of practicing as a driver and number of kilometers of safe driving according to forms prescribed in Appendix 8 enclosed herewith;

c) Copy of degree of lower secondary education and over for learners who wish to upgrade licenses to D, E classes (original is required when taking the test);

d) Copy of driving licenses (original is required when taking the test).

Learners shall have their photos taken at training institutions and kept in driving license database.

Section 3. MANAGEMENT OF DRIVER TRAINING

Article 10. Directorate for Roads of Vietnam shall

1. Manage and unify driver training nationwide.

2. Promulgate technical and professional standards of A1, A2, A3, A4 class driver training institutions.

3. Establish and adjust planning of the driver training institution network to be submitted to the Ministry of Transport for promulgation; establish training program, forms, records, books to serve the training.

4. Inspect and investigate the driver training management.

5. Promulgate framework of driver training curriculum and guidelines for uniform of implementation nationwide.

6. Promulgate instructor training program, content and guidelines for uniform of implementation nationwide.

7. Response the competent authority during the consideration of issue of certificate of investment in driver training institutions prescribed in Clause 3 Article 4 of Decree No. 65/2016/ND-CP about the appropriateness of the plan of car driver training institution network.

8. Carry out driver training management for driver training institutions as assigned by the Ministry of Transport and keep records as prescribed in Clause 6, Article 11 hereof;

Article 11. The Department of Transport

1. Be responsible for driver training management within central-affiliated cities and provinces.

2. Response the competent authority during the consideration of issue of certificate of investment in driver training institutions prescribed in Clause 3 Article 4 of Decree No. 65/2016/ND-CP about the appropriateness of the plan of car driver training institution network.

3. Inspect and supervise the driver training and issuance of certificates performed by training institutions.

4. Issue, reissue licenses to provide training and send the issued driver training licenses together with written records of inspection of training institutions to Directorate for Roads of Vietnam.

5. Issue driving practice car licenses; organize test and issuance of advanced driving instructor certificates according to the content and program as prescribed.

6. Store the documents below:

a) Lists of driver training instructors according to forms prescribed in Appendix VI of Decree No. 65/2016/ND-CP;

b) Logbook of issuance of driving practice car licenses according to forms prescribed in Appendix 9 enclosed herewith;

c) Inspection record for training institutions.

7. Receive, review, inspect and post the list of local A1, A2, A3, A4 class driver training institutions that are eligible for operation on the website of the Department of Transport.

Chapter II

DRIVER TRAINING PROGRAM

Article 12. A1, A2, A3, A4 class driver training

1. Training time

A1 class: 12 hours (theory: 10, practice: 02);

b) A2 class: 32 hours (theory: 20, practice: 12);

c) A3, A4 classes: 80 hours (theory: 40, practice: 40).

2. Test subjects

Law on Road traffic for A2, A3, A4 classes;

b) Driving practice for A3, A4 classes.

3. Training program and time distribution

Article 13. B1, B2, C class driver training

1. Training time

B1 class:

- Automatic transmission cars: 476 hours (theory: 136, practice: 340);

- Manual transmission cars: 556 hours (theory: 136, practice: 420);

b) B2 class: 588 hours (theory: 168, practice: 420);

c) C class: 920 hours (theory: 168, practice: 752).

2. Test subjects

Tests shall include all the subjects; learners might learn the ‘Common structures and repairs” and “Transport profession” subjects for B2 class themselves but must apply for the test at the institution;

b) Tests for issuance of primary-level certificates, training certificates at the end of the course include such subjects as ‘Law on road traffic’ and ‘Driving practice’ including continuous test with driving forward and backward in a zigzag, driving on public road.

3. Training program and time distribution

Article 14. License upgrade training

1. Training time

B1 class (automatic transmission) to B1: 120 hours (practice: 120);

b) B1 class to B2: 94 hours (theory: 44, practice: 50);

c) B2 class to C: 192 hours (theory: 48, practice: 144);

d) C class to D: 192 hours (theory: 48, practice: 144);

dd) D class to E: 192 hours (theory: 48, practice: 144);

e) B2 class to D: 336 hours (theory: 56, practice: 280);

g) C class to E: 336 hours (theory: 56, practice: 280);

h) B2, D, E class to F: 192 hours (theory: 48, practice: 144);

i) C, D, E class to FC: 272 hours (theory: 48, practice: 224).

2. Test subjects

Test shall include all the subjects;

b) Tests for upgrade to class B1, B2, C, D and E license at the end of the course include such subjects as ‘Law on road traffic’ and ‘Driving practice’ including continuous test with driving forward and backward in a zigzag, driving on public road;

c) Tests for upgrade from class B2, C, D, E licenses to class F licenses include subjects ‘Law on road traffic’ according to theory test questions and driving test along the track and on public roads using the test for class F licenses.

3. Training program and time distribution

Article 15. Content and detailed allocation of subjects

1. A1, A2 class driver training

2. A3, A4 class driver training

3. B1, B2, C class driver training

Law on Road traffic

b) Common structures and repairs

c) Transport operation

d) Driving ethics and traffic etiquette

dd) Driving techniques

e) Driving practice (to be learned only after the learner has passed the subject “Law on road traffic” and “Driving techniques”).

4. License upgrade training

Part III

DRIVING TESTS AND ISSUANCE OF DRIVING LICENSES

Chapter I

DRIVING LICENSE SYSTEM

Article 16. Classification of driver licenses

1. A1 class licenses issued to:

a) Persons controlling two-wheeled motorbikes with cylinder volume from 50 cm3 to less than 175 cm³;

b) Disabled controlling motor tricycles intended for the disabled.

2. A2 class licenses issued to persons controlling two-wheeled motorbikes with cylinder volume from 175 to cm3 and over and other types of vehicles intended for A1 class.

3. A3 class licenses issued to persons controlling motor tricycles, vehicles intended for A1 class and similar vehicles.

4. A4 class licenses issued to persons controlling small tractors with loading capacity up to 1,000 kg.

5. B1 class (automatic transmission) issued to persons who do not practice as a driver for controlling following types of cars:

a) Automatic transmission 9-seat cars including driver seat;

b) Trucks, including special trucks (automatic transmission) with design loading capacity less than 3.500 kg;

c) Cars intended for the disabled.

6. B1 class licenses issued to persons who do not practice as a driver for controlling following types of cars:

a) 9-seat cars including driver seat;

b) Trucks, including special trucks with design loading capacity less than 3.500 kg;

c) Tractors hauling a trailer with design loading capacity less than 3,500 kg.

7. B2 class licenses issued to persons who practice as a driver for controlling following types of cars:

a) Special cars with design loading capacity less than 3.500 kg;

b) Cars intended for B1 class.

8. C class licenses issued to drivers controlling following types of cars:

a) Trucks, including special trucks with design loading capacity from 3.500 kg and over;

b) Tractors hauling a trailer with design loading capacity from 3,500 kg and over;

c) Cars intended for B1 and B2 classes.

9. D class licenses issued to drivers controlling following types of cars:

a) 10 to 30-seat cars including driver seat;

b) Cars intended for B1, B2 and C classes.

10. E class licenses issued to drivers controlling following types of cars:

a) Cars from 30 seats and over;

b) Cars intended for B1, B2, C and D classes.

11. Persons who have obtained B1, B2, C, D and E class licenses may haul another trailer with design loading capacity no more than 750 kg when controlling respective types of cars.

12. Issuance of F class licenses to persons who have obtained B2, C, D and E class licenses for controlling respective types of cars hauling another trailer with design loading capacity more than 750 kg, semi-trailer, articulated buses is prescribed as follows:

a) FB2 class issued to drivers for controlling B2 class cars hauling another trailer and may control types of cars intended for B1 and B2 classes;

b) FC class issued to drivers for controlling C class cars hauling another trailer, semi-trailer trucks and may control types of cars intended for B1, B2, C and FB2 classes;

c) FD class issued to drivers for controlling D class cars hauling another trailer and may control types of cars intended for B1, B2, C, D and FB2 classes;

d) FE class licenses issued to drivers for controlling E class cars hauling another trailer and may control articulated buses and types of cars intended for B1, B2, C, D, E, FB2 and FD classes.

13. License classes for drivers controlling sleeper buses, city passenger buses (used for transport business) are prescribed in Clause 9 and 10 hereof. The number of seats in a car is determined according to the number of seats in the same type of bus or passenger cars with the same size limit.

Article 17. Validity period of driver licenses

1. The validity period of A1, A2, A3 class licenses is permanent.

2. The validity period of B1 class licenses shall expire when drivers reach the age of 55 for female and 60 for male; if drivers are over 45 (female) and over 50 (male), validity period is 10 years since the date of issuance.

3. The validity period of A4, B2 class licenses are 10 years since the date of issuance.

4. The validity period of C, D, E, FB2, FC, FD, FE class licenses is 05 years since the date of issuance.

Chapter II

DRIVING TESTS

Section 1. DRIVING TEST CENTERS

Article 18. Responsibilities of driving test centers

1. Ensure availability of facilities, inspecting and marking equipment as prescribed to carry out the tests accurately and objectively; make report to the Department of Transport and Directorate for Roads of Vietnam in case the equipment, vehicles used for the tests malfunction or need changing.

2. Cooperate and create favorable conditions for driver training institutions to send learners to the center for reviews and practice and for the Testing council to carry out the tests conveniently and as planned.

3. Comply and cooperate with competent agencies in organizing inspection of driving test centers.

4. Make public disclosure of test fees and other service fees.

5. Ensure safety for driving tests; cooperate with relevant units and agencies in handling any accidents or unsafety arising.

6. Carry out reporting and publishing test calendars on the website of the center, store test results as prescribed.

7. Connect information network to Directorate for Roads of Vietnam and Department of Transport.

Section 2. DRIVING TEST CANDIDATES

 Article 19. Driving test application

1. Candidates participating for the first time

Driver training institutions shall send a set of application in person to Directorate for Roads of Vietnam and Department of Transport. The application includes:

Documents as prescribed in Clause 1 Article 9 hereof;

b) Primary-level certificates or training certificates with respect to A4, B1, B2 and C class candidates;

c) List of candidates proposed by driver training institutions.

2. Candidates applied for license upgrade to class B1, B2, C, D, E and F:

Driver training institutions shall send a set of application in person to Directorate for Roads of Vietnam and Department of Transport. The application includes:

Documents as prescribed in Clause 2 Article 9 hereof;

b) License upgrade training certificate;

c) List of candidates proposed by driver training institutions.

3. Candidates who request re-issuance of driver licenses due to expiration of their previous licenses

The candidate shall send a set of application in person to Directorate for Roads of Vietnam and Department of Transport. The application includes:

Documents as prescribed in Point b, c and d of Clause 1 Article 9 hereof;

b) Written request for renewal or re-issuance of driving license according to form prescribed in Appendix 19 enclosed herewith;

c) Copy of the expired driver license.

4. Candidates who lost their previous licenses

The candidate shall send a set of application in person to Directorate for Roads of Vietnam and Department of Transport. The application includes:

Documents as prescribed in Point b, c and d of Clause 1 Article 9 hereof;

b) Written request for renewal or re-issuance of driving license according to form prescribed in Appendix 19 enclosed herewith specifying the date on which the application is received;

c) Original application of the lost driving license (if any).

Article 20. Reservation of driving test results

Candidates may reserve qualified results of previous test once in a year. When the candidate wishes to take the remaining tests, (s)he must satisfy the conditions in Article 7, present the documents in Article 19 hereof and have his name in the list of absent and failed candidates in the previous test made by the exam council or group of examiners.

Section 3. DRIVING TEST PROCEDURES

Article 21. Content and procedure of driving test

1. Driving tests for issuance of driving licenses must be organized in driving test centers qualified for operation (hereinafter referred to as ‘test centers’).

2. Driving tests for issuance of A1, A2, A3 and A4 class licenses in urban areas from class 2 and over must be organized in test centers qualified for operation; in other areas, driving tests may be organized in test yards which basic infrastructure available, theoretical test rooms, test yards and motor cars used for tests in accordance with national technical regulations on driving test centers.

3. Content of driving tests

Theory tests include questions relating to Law on road traffic, driving techniques, common structures and repairs, transport profession (for A3, A4 class licenses); common structures and repairs, driving ethics (for B1 class license); common structures and repairs, transport profession, driving ethics (for licenses for B2 class and over).

Candidates who take A1 class license test and have the driving permit granted by transport authorities are exempted from theory tests.

b) Practical tests on situational diagrams for A1, A2 classes

Candidates shall control their cars through four test lessons: driving through 8 diagram, through a straight line, through roads with marks of obstacles, through rough roads.

c) Practical tests on situational diagrams for A3, A4 classes

Candidates shall drive forward and backward through a zigzag.

d) Practical tests on situational diagrams for B1, B2, C, D and E classes

The candidate must follow the procedure and drive through the tests arranged in the test center such as depart, give way to pedestrians, stop and start the car on the slope, turn 90 degrees, drive through cross-roads with traffic lights, drive through winding roads, pull over at a parking lot (vertical position for B1, B2 and C classes; and horizontal position for B1, B2, D and E classes), make a temporary stop at intersection with railway, handle dangerous situations, shift on flat roads, ending;

dd) Practical tests on situational diagrams for FB2, FD and FE classes

Candidates shall drive through a diagram with 05 standard piles and return.

e) Practical tests on situational diagrams for FC class

Candidates shall take 02 tests: drive through a diagram with 05 standard piles and return; vertical parking.

g) Practical tests on road: Candidates shall control their cars, handle situations on the road and take orders from the examiner.

4. Organization of driving tests is carried out as follows:

Theory tests for A1 class in urban areas from class 2 and over shall be done on computers; in other areas, theory tests shall be done on papers or computers; cameras shall be set up to monitor the test;

Theory tests for A2, A3, A4, B1, B2, C, D, E and F classes shall be done on computers; cameras shall be set up to monitor the test;

c) Practical test on situational diagrams for A1, A2 classes in urban areas from class 3 and over shall apply the automatic marking equipment; areas with distance from the center of class 3 urban area under 100 km must use automatic marking equipment from July 01, 2018;

d) Practical test on situational diagrams for F class shall be carried out in qualified test centers or test yards;

dd) Practical test on situational diagrams for B1, B2, C, D and E classes shall be carried out in test centers with automatic marking equipment; examiners do not sit on the testing vehicle

e) Practical tests on roads applied for B1, B2, C, D, E and F classes;

g) Practical test on situational diagrams for B1, B2, C, D and E classes shall be carried out in test centers with automatic marking equipment and have an examiner on the testing vehicle.

5. Directorate for Roads of Vietnam shall provide specific instructions on the driving test procedures.

Article 22. Preparation for the test

The testing administration board shall:

1. Tests for A1, A2 classes

Receive registration for tests for A1, A2 classes sent by the training institution;

b) Examine candidates’ profiles and applications as prescribed in Article 19 and 20 hereof;

c) Submit to General Director of Directorate for Roads of Vietnam or Director of Department of Transport for decision on organization of driving tests; establish a supervisor team.

2. Tests for A3, A4, B1, B2, C, D, E and F classes

a) Receive registration for driving tests, lists of learners (report 1), lists of driving licenses requested for verification sent by training institution according to forms as prescribed in Appendices 3a, 3b and 3c enclosed herewith;

b) Receive written requests for the organization of driving test and list of candidates (report 2) sent by training institutions according to forms prescribed in Appendices 11a and 11b enclosed herewith. Report 2 shall be sent by post and transmitted through the driving license information system to Directorate for Roads of Vietnam or Department of Transport at least 07 working days before the test;

c) Examine candidates’ profiles and applications for issuance of A3, A4, B1, B2, C, D, E and F class driving licenses as prescribed in Article 19 and 20 hereof. Candidates must have their names in the list of learners (report 1), list of candidates (report 2) and a verification of granted licenses (in case of license upgrade);

Persons who are assigned to examine candidates’ applications must cooperate with training institutions in establishing written records of test as prescribed in Appendix 11c enclosed herewith.

d) Provide a testing plan, notify training institutions and candidates;

dd) Submit to General Director of Directorate for Roads of Vietnam or Director of Department of Transport for decision on organization of driving tests; establish testing council and testing team according to forms prescribed in Appendix 12a enclosed herewith and the list of candidates according to forms in Appendices 12b and 12c enclosed herewith.

3. Candidates who request re-issuance of driver licenses due to expiration of their previous licenses

a) Check and examine requirements as prescribed in Article 36, establish the list of candidates according to forms in Appendix 13 enclosed herewith and make submission to General Director of Directorate for Roads of Vietnam or director of the Services of Transport for decision on organization of the test at the same time as the tests as prescribed in Clauses 1, 2 hereof; in case appropriate tests are not available, a testing council or testing team may be established as prescribed (composition of testing council or testing team does not include members of training institution);

b) Localities without class 1, class 2 driving test centers: the test maybe organized at the province using the exam questions or test software provided by Directorate for Roads of Vietnam; if both practical and theory tests are required, such tests must be organized in a driving test center in another province as prescribed.

Article 23. Testing council

1. The testing council is established by the General Director of Directorate for Roads of Vietnam or the Director of Department of Transport.

When working, at least 2/3 of the members must participate and under the majority rule; if an agreement cannot be reached, the decision shall be made by the President of the council;

b) The council shall be dissolved at the end of the testing.

2. Composition of the testing council

The president of the council is the head of Department of Transport or the representative of the testing administration board who have a driving license and knowledge about training, testing and issuance of driving licenses authorized by Directorate for Roads of Vietnam or Department of Transport;

b) The members include: directors of driving test centers, heads of training institutions; heads of the testing team and a secretary; the secretary is from the testing administration board affiliated to the Directorate for Roads of Vietnam or Department of Transport.

3. Responsibility of the testing council

Direct the inspection and completion of conditions for organization of driving tests;

b) Assign and arrange the plan of implementation of tests;

c) Provide and instruct testing regulations, test fees and charges, issuance of driving licenses and other necessary provisions to examiners and candidates;

d) Organize tests as prescribed;

dd) Record and handle violations of the tests within authority and report to competent agencies;

e) Request training institutions and candidates to make compensations for any loss caused by accident (due to candidates’ mistakes) during diagram tests;

g) Compile test results and countersign the written record;

h) Transfer and store documents, materials of tests at training institutions, driving test centers and testing administration board.

Article 24. Testing team

1. The testing team is established by the General Director of Directorate for Roads of Vietnam or the Director of Department of Transport.

The testing team is directed by the Testing council. The testing team that grants A1, A2 class licenses shall be directed by the testing administration board;

b) The testing team shall be dissolved at the end of the testing.

2. The testing team includes a head and examiners

a) Head of the team is an examiner who is from the testing administration board affiliated to the Directorate for Roads of Vietnam or Department of Transport; the examiner’s card must be available during the driving test;

b) Examiners are people from Directorate for Roads of Vietnam, the Services of Transport (except for inspectors, inspecting officials) and instructors from driver training institutions; Instructors from driver training institutions must have seniority in teaching and have paid insurance for at least 03 straight years and are not allowed to test learners from the training institution.

3. Standard of examiners

Good ethics;

 b) Have college degrees or over. Examiners who have had cards before this Circular takes effect must meet the standards after 03 years if they currently fail to meet the standards;

c) Have a driving license corresponding to the class of testing vehicles at least 03 years;

d) Receive professional operation of tests and be granted the examiner’s card by the General Director of Directorate for Roads of Vietnam.

4. The validity period of Examiner’s card is 03 years according to forms prescribed in Appendix 14 enclosed herewith.

5. Responsibility of the testing team

Inspect facilities, marking equipment, test yards and methods to ensure safety in test process;

b) Request the candidates to comply with the testing rules and regulations; do not allow unauthorized people to enter the testing room or testing yard;

c) Record and handle violations of rules within duties and authority or report to the testing council;

d) Organize tests, aggregate, assess and report to the test council or testing administration board (for A1, A2 class licenses);

dd) Examiners shall be responsible for test results. Head of the testing team shall be responsible for general results of the tests;

Article 25. Order of organization of tests

1. Testing council’s meeting and test opening ceremony

a) Before the test is organized, head of the Testing council shall organize meetings with the Testing council, testing team and supervisory team (if any), assign duties to individual members during the test;

b) Organize test opening ceremony to announce decision to organize the test, disseminate test-related issues to candidates.

2. Organize the tests in accordance with aforesaid content and procedure

3. End of test

a) For A3, A4, B1, B2, C, D, E and F class tests, head of the Testing council shall organize meetings with the Testing council, testing team and supervisory team (if any). Head of the testing team shall report test results and sign in the written record of general result. Head of the testing council shall sign and affix seal on the written record of the general result of successful candidates according to forms prescribed in Appendix 15a enclosed herewith;

b) For A1, A2 class tests, head of the testing team shall organize meetings with its members, director of driver training institutions and supervisory team (if any) to ratify test results and sign in the written record of general result. Head of testing administration board shall sign and affix seal on the written record of the general result of successful candidates according to forms prescribed in Appendix 15b enclosed herewith.

The written record of general result is the original document and is delivered to the successful candidate for self-preservation.

Article 26. Test supervision

1. Based on actual circumstances, Directorate for Roads of Vietnam and Department of Transport shall organize the unexpected test supervision.

2. Test supervisors are investigating officials from Directorate for Roads of Vietnam or inspectors, investigating officials from the Department of Transport. Number of supervisors for motorbike driving tests is 02, for car driving tests is 03, one inspector of which is appointed as head.

3. Supervisor must wear uniform as prescribed when supervising the test.

4. Tasks of the supervisor team in test centers with marking equipment installed

a) Supervise the compliance with test content and procedure by the Testing council, testing team and ensure public disclosure, objectivity and transparency during the test;

b) Supervise examination of candidate identity before entering theory test rooms, diagram and road practical tests; unauthorized persons are not allowed to enter theory test rooms;

c) Supervise the on-road test: ensure the adherence to testing routes, monitor and collect information about the test;

d) Supervisors shall work independently without entering theory test rooms, getting on test cars or replacing the examiner’s duties.

5. Tasks of the supervisory team in test centers without marking equipment installed

Apart from the tasks mentioned in Points a, b, d Clause 4 of this Article, the preparation of questions for the theory test must be supervised.

6. Authority of the supervisory team

Upon detection of violations, request the testing council and testing team for handling as prescribed;

b) Report to the General Director of Directorate for Roads of Vietnam or the Director of Department of Transport for consideration and handling.

7. At the end of the test, the chief supervisor shall send a written report on the supervision result to the General Director of Directorate for Roads of Vietnam or Director of Department of Transport.

Article 27. Recognition of driving test results

Testing administration board shall check, compile results and make the submission to General Director of Directorate for Road of Vietnam or director of the Department of Transport for making decision on recognition of passing the test accompanied by the list of successful candidates to be granted driving licenses according to forms in Appendices 16a and 16b enclosed herewith.

Article 28. Storage of records of test results

1. After each test, the testing administration board shall be responsible for storing records of tests including:

a) List of learners (Report 1);

b) List of candidates (Report 2);

c) Inspection record for candidates’ applications;

d) Decisions to organize driving tests;

dd) Record of duty assignments given by the Testing council;

e) Record of duty assignments given by the Testing team;

g) Written record of general test result;

h) List of absent and failed candidates;

Decisions on certification of passing the test;

k) List of successful candidates that are granted driving licenses;

Other test-related documents.

2. Training institutions shall store test documents including:

Documents as stated in Point a, b, c, d, g, h, i, k Clause 1 hereof;

b) Keep and preserve theory test papers and written record of diagram, road practical tests performed by individual candidates in each test with full signature of the candidate and the examiner;

c) Keep and preserve written records of each road practical test including: signatures of candidates on printed test results in testing vehicles and written records of road practical tests with candidates’ signatures.

3. Test centers shall store test documents including:

Documents as stated in Point d and g Clause 1 hereof;

b) List of candidates with theory test results;

c) List of candidates with diagram practical test results;

d) List of candidates with road practical test results;

dd) Data collected from theory test supervising;

4. Candidates shall keep their own driving records.

5. Time of recordkeeping

a) Permanent with respect to documents as prescribed in Points i, k, Clause 1, this Article;

b) 05 years with respect to documents prescribed in Points a, b, c, d, dd, e, g, h, Clause 1, Points b, c, d, Clause 3, this Article;

b) 01 years with respect to documents prescribed in Points dd, Clause 3, this Article;

d) 02 years for graduation tests and the remaining documents;

dd) Invalid documents shall be destroyed according to effective regulations.

Chapter III

MANAGEMENT OF DRIVING TESTS AND ISSUANCE OF DRIVING LICENSES

Article 29. Management agency of driving tests and issuance of driving licenses

1. Directorate for Roads of Vietnam shall be responsible for managing tests and issuing driving licenses nationwide; Department of vehicle and driver management advise the General Director on performing functions and duties on tests and issuance of driving licenses management (hereinafter referred to as testing management agency).

2. The Services of Transport shall be responsible for managing tests and issuing driving licenses within central-affiliated cities and provinces; Offices tasked with managing driver training, driving tests, and issuance of driving licenses advice the Director of Department on performing functions and duties on tests and issuance of driving licenses management (hereinafter referred to as testing management agency).

Article 30. Directorate for Roads of Vietnam shall

1. Response to the competent authority during the consideration of issue of certificate of investment in driver testing centers prescribed in Clause 3 Article 4 of Decree No. 65/2016/ND-CP about the appropriateness of the plan of car driver testing center network.

2. Establish and adjust planning of the driver testing center network to be submitted to the Ministry of Transport for promulgation; establish forms, books for management of tests and issuance of driving licenses and make the submission to competent authorities for signing and issuance to apply nationwide.

3. Carry out irregular or regular inspection of driving test centers, ensuring accuracy of automatic marking equipment as prescribed or may temporarily stop them for remedial works in case of need; carry out inspection of tests organized in test centers, handle or report violations to competent agencies for handling according to effective regulations.

4. Study application of information technology to organization and management of tests, issuance of driving licenses; establish an information network linking the testing management agency affiliated to Directorate for Roads of Vietnam with test centers, testing management agency affiliated to the Department of Transport and driver training institutions.

5. Direct organization and implementation of driver training, driving tests, and issuance of driving licenses nationwide:

a) Provide guidance on professional knowledge about construction of test centers;

b) Develop and provide guidance on professional knowledge about public services regarding renewal of driving licenses to the Department of Transport;

c) Provide guidance on professional knowledge, instruct and supervise calibration of means and facilities of test centers as prescribed;

d) Provide instruction and professional inspection of the testing management agency affiliated to the Department of Transport;

dd) Establish training program and plan, direct and organize training and issuance of Examiner's cards to examiners across the country and keep records of examiners as prescribed; directly manage group of examiners belonging to testing management agency affiliated to Directorate for Roads of Vietnam;

e) Organize tests, issue driving licenses to learners at training institutions as assigned by the Ministry of Transport.

6. Receive and process information about renewal of driving licenses transferred by the Department of Transport; organize issuance or change of driving licenses to:

a) Drivers working for the Communist Party and State's agencies, unions, international organizations and diplomatic missions headquartered in Hanoi;

b) Drivers managed by Directorate for Roads of Vietnam.

7. Update driver’s violations to the driving license information system provided by the authority authorized to handle administrative violations.

8. Perform other duties concerning testing and issuance of driving licenses as assigned by General Director of Directorate for Roads of Vietnam.

9. Publish on the website of Directorate for Roads of Vietnam schedules and locations for organizing tests in the following month before 25th of the preceding month.

Article 31. Department of Transport shall

1. Response to the competent authority during the consideration of issue of certificate of investment in driver testing centers prescribed in Clause 3 Article 4 of Decree No. 65/2016/ND-CP about the appropriateness of the plan of car driver testing center network.

2. Organize implementation of regulations of the Ministry of Transport and instructions provided by Directorate for Roads of Vietnam on professional competence of tests and issuance of driving licenses.

3. Establish a plan for training demands, perform management and storage of records of examiners.

4. Direct construction and management of activities of local test centers.

5. Develop connecting information network with local test centers, training institutions and Directorate for Roads of Vietnam.

6. Develop implementation of public services regarding renewal of driving licenses.

7. Organize tests for learners at driver training institutions managed by the Department of Transport; In case tests are organized in test centers beyond management, the testing management agency shall make selections to have an appropriate testing plan.

8. Receive and process information about renewal, re-issuance of expired driving licenses transferred by the Directorate for Roads of Vietnam or other Department of Transport; organize renewal, re-issuance of driving licenses to drivers who have demands.

9. Update driver’s violations to the driving license information system provided by the authority authorized to handle administrative violations.

10. Perform other duties concerning testing and issuance of driving licenses as assigned by Director of Department of Transport.

11. Publish on the website of Department of Transport schedules and locations for organizing tests in the following month before 25th of the preceding month.

Article 32. Driving license form

1. Driving license forms are prescribed in Appendix 17 enclosed herewith.

2. Directorate for Roads of Vietnam shall design confidentiality, print, issue, instruct and manage use of licenses nationwide.

Article 33. Use and management of driving licenses

1. Every person is granted only 01 PET material driving license management number for licenses with permanent and limited validity period.

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.

3. Any driver who has an integrated driving license (license with combined permanent and limited validity period) may submit application for separation as prescribed in Article 38 hereof.

4. Drivers are only allowed to control types of cars mentioned in driving licenses.

5. Upon renewal, re-issuance of licenses or enhancement of license class, the licensing agency shall cut corner of the old license and return it to the driver for preservation.

6. Driving licenses should be brought along when driving.

7. Driving licenses may be stripped of right to enjoyment or revoked in accordance with laws.

8. Drivers holding B1 class license that need to practice as a driver or need license upgrade should attend the training course and take the tests.

9. Drivers holding B1 class (automatic transmission) license are not qualified to drive manual transmission cars, drivers are required to take further lessons and undergo practical tests for issuance of B1 class license.

10. Foreigners or overseas Vietnamese who need to drive cars in Vietnam should:

Carry out procedures on conversion into respective licenses in Vietnam if having obtained national driver licenses;

b) In case an international agreement on driving license to which Vietnam is a signatory prescribes otherwise, such international agreement shall apply.

11. Drivers holding FD, FE class licenses issued for the first time before July 01, 2009 by transport authorities may apply for FC class license if they need to drive trailer trucks or semi-trailer trucks.

12. A1, A2 class licenses issued before August 01, 1995 by police authorities, driving licenses or certificates issued by transport authorities shall be used until their expiration dates.

13. An eligible driving license is the driving license issued by Directorate for Roads of Vietnam or the Services of Transport with the template number coinciding with that in driving license information system.

14. Anyone who erases or falsifies information printed on the driving license, uses fake driving licenses or falsified records, uses another person’s lost driving licenses, commits other deceptive acts in order to be eligible for renewal, issuance or re-issuance of driving licenses shall be revoked of driving license and original profile, update the data on the driving license information system and suspended from issuance of driving licenses for 05 years since the violation is detected. If re-issuance of driving license is needed, the driver must learn and participate in tests again.

Article 34. Verification of driving license

1. When receiving a list of driving licenses that need verifying and when reissuing or replacing a driving license, Directorate for Roads of Vietnam or the Department of Transport shall study and print information about persons who apply for upgrading of license class or issuance of driving license from the driving license information system (the written verification of motor car driving license); in case the information is not available, a written request should be delivered to the licensing agency for verification; the written request for verification of driving license (see forms in Appendix 18a enclosed herewith), the written verification of driving license (see forms in Appendix 18b enclosed herewith).

2. Verification of driving license

Verification of driving licenses should be carried out immediately via telephone, email or fax and in writing afterwards;

b) Before the verification is issued, Directorate for Roads of Vietnam or the Department of Transport shall not renew or reissue the driving license, nor allow the person to retake a driving exam.

3. Deadline for verification

a) Upon receipt of the list of driving licenses proposed for verification or eligible applications as prescribed in Article 38 hereof, Directorate for Roads of Vietnam or the Department of Transport shall issue a written request for verification of granted driving licenses;

b) Upon receipt of the request for verification, Directorate for Roads of Vietnam or the Department of Transport shall provide verification of the granted driving license.

Article 35. Issuance of driving license

1. Candidates who passed the test shall be granted the driving license according to classes intended; the original copy of the driving license is required when receiving the upgraded license or reissuance of expired license as prescribed in Clause 1 Article 36 hereof.

2. Based on decisions on recognition of satisfactory test results, General Director of Directorate for Roads of Vietnam, director of the Department of Transport shall grant driving licenses to successful candidates.

The date written on the back of the driving license is the day on which the Decision on certification of successful candidate is signed.

3. The driving license shall be issued within 10 working days from the on which the test is completed.

Article 36. Re-issuance of driving license

1. Drivers whose driving licenses have expired shall

From 03 months to less than 1 year since the date of expiration, take the theory tests for re-issuance of driving license;

b) From 1 year and over since the date of expiration, participate in both theory and practical tests for re-issuance of driving license.

Applications for participation in the test are prescribed in Clause 3 Article 19 hereof.

2. Drivers whose driving licenses is lost, remaining unexpired or having expired for less than 03 months shall be considered for re-issuance of driving license.

The application includes:

a) Written request for renewal or re-issuance of driving license according to form prescribed in Appendix 19 enclosed herewith;

b) Original application in accordance with driving license (if any);

c) Health certificate issued by competent medical facilities as prescribed except for re-issuance of A1, A2, A3 class driving license with permanent validity;

d) The copy of people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens or unexpired passport for foreigners and overseas Vietnamese.

The applicant shall be photographed when submitting the application at Directorate for Roads of Vietnam or Department of Transport, and must present the original copy of aforesaid documents (except for sent original documents) for comparison. The driving license shall be reissued after 02 months from the day on which the valid application is submitted, provided the license is not confiscated by a competent authority or the driver’s name is not on the list of the management authority.

3. Drivers whose driving license are lost, expired for more than 03 months with his/her name included in testing management agencies’ records should attend following tests if his/her license has not been confiscated or handled by competent agencies after two months since submission of the application:

a) Take the theory test again if the old license has expired from 03 months to less than 01 year;

b) Participate in both theory and practical tests if the old license has expired from 01 year and over.

Applications for participation in the test are prescribed in Clause 4 Article 19 hereof.

4. The licensing agency shall send a written notification on cancelling the old driving license to relevant authorities when re-issuing a new license.

5. The date written on the back of the reissued driving license is the date of the old driving license.

6. The deadline for reissuing the driving license is similar to that for issuing a new one.

7. Candidates who need reviews must register with driver training institutions for instructions, pay a fee as prescribed and are exempt from going through the training program.

8. Any driver whose driving license is still unexpired but its original records are lost and have his/her name included in testing management agencies’ records may re-establish the original records if he/she has demands.

The candidate shall send a set of application in person to Directorate for Roads of Vietnam or Department of Transport (where the driving license was granted). The application includes:

a) Written request according to forms prescribed in Appendix 19 enclosed herewith;

b) Copy of unexpired driving license, people’s identity card, citizen’s identity card or passport.

The licensing agency shall inspect, confirm, affix seal and specify number, class of the granted driving license, date of tests (If any), name of the training institution (if any) on top right corner of the written request and return to the driver for preservation instead of original records.

Article 37. Renewal of driving license

1. Driving license made of hard copy is encouraged to be changed into driving license made of PET material before December 31, 2020.

2. Any person whose driving license remains valid shall renew before expiry date; any person whose driving license remains valid but is damaged may apply for renewal.

3. Any driver reaching 55 (male) and 50 (female) years of age and holding E class license shall be considered for renewal of license from D class and under if he/she has demands and is healthy enough.

4. If year of birth, full name, or middle name specified in the driving license shows deviation from the people’s identity card or citizen’s identity card, the license management agency shall carry out procedures on renewal of driving license in accordance with information specified in the people’s identity card/citizen’s identity card.

5. Subjects eligible for renewal of driving license:

Vietnamese people, foreigners who have trained, tested and obtained driving licenses in Vietnam;

b) Drivers whose driving licenses issued by transport authorities are damaged;

c) Vietnamese people, foreigners residing long term in Vietnam who have obtained driving licenses in Vietnam may apply for renewal if they have demands;

d) Drivers with military driving licenses still unexpired when being discharge (demobilized, retired, changed job, labor contract expired...) may apply for renewal if they have demands;

dd) Retired police officials and soldiers having driving licenses issued after July 31, 1995 by police authorities and remaining valid may apply for renewal if they have demands after retirement or job changing;

e) Drivers working in public security whose driving licenses issued before August 01, 1995 are damaged may apply for renewal if they have demands and their names are in the database;

g) Foreigners residing, working and studying in Vietnam for at least 03 months, having Diplomatic or Official Identity Card, Permanent Residence Card, Temporary Residence Card, stay permits and unexpired native driving licenses may apply for renewal with corresponding driving licenses of Vietnam if they wish to drive in Vietnam;

h) Foreign tourists driving overseas-registered cars into Vietnam and having unexpired native driving licenses may apply for renewal with corresponding driving licenses of Vietnam if they wish to drive in Vietnam;

i) Vietnamese people (Vietnamese nationality) having unexpired driving licenses issued by other countries while residing, working and studying there may apply for renewal with corresponding driving licenses of Vietnam if they wish to drive in Vietnam.

6. Following cases are ineligible for renewal of driving licenses:

a) Temporary foreign driving licenses, international driving licenses, foreign driving licenses, driving licenses issued by the army or police that have been expired and are suspected of being falsified or so damaged that cannot be identified; suspicious foreign driving licenses that cannot be verified;

b) Driving licenses issued by transport authorities but not included in the driving license information system, list of candidates granted driving licenses (management book);

c) Period from military discharge decision to the implementation of procedures on renewal of driving licenses issued by the Ministry of National Defense in excess of 06 months;

d) Persons who are not as healthy as prescribed.

7. Validity period and vehicle classes eligible for driving:

a) Validity period of Vietnamese driving licenses issued to foreigners should be in compliance with validity specified in the entry visa or temporary residence card, foreign driving license but not exceed the validity as prescribed in laws on Vietnamese driving licenses;

b) Validity period of Vietnamese driving licenses issued to foreign tourists driving foreign-registered cars into Vietnam should comply with the duration of the tour in Vietnam (from entry to exit) but not exceed the validity as prescribed in laws on Vietnamese driving licenses.

For foreign tourists driving cars into Vietnam without passport and foreign driving licenses, renewal of driving licenses may be based on the Ministry of Public Security’s entry/exit list and a translation of the driving license (accompanied by a copy of the foreign driving license). Driving licenses are only issued to people who actually enter Vietnam after checking foreign driving license and passport;

c) National driving licenses issued to multiple-class drivers (drivers who can drive multiple car classes) may be changed into driving licenses to drive respective car classes in Vietnam;

d) A military driving license that enable a person to drive various classes of vehicle may be replaced with driving licenses issued by transport authorities to drive corresponding classes of vehicle; F class military driving license shall be changed in to C class driving license issued by transport authorities.

8. Time limit for renewal of driving license:

No more than 05 working days since the receipt of applications as prescribed;

b) Upon renewal of driving license, the licensing agency shall cut corner of the old license and return it to the driver for preservation (except for foreign driving license).

Article 38. Procedures on renewal of driving licenses issued by transport authorities

The candidate shall send a set of application in person to Directorate for Roads of Vietnam or Department of Transport. The application includes:

1. Written request for renewal of driving license according to form prescribed in Appendix 19 enclosed herewith;

2. Health certificates issued by competent medical facilities as prescribed, except for:

A1, A2, A3 class license holders;

b) Persons who need to separate driving licenses with limited and unlimited validity periods combined.

3. The copy of driving licenses, people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens or unexpired passport for foreigners and overseas Vietnamese.

The applicant shall be photographed when submitting the application for renewal and must present the original copy of aforesaid documents (except for sent original documents) for comparison.

Article 39. Procedures on renewal of driving licenses issued by the Ministry of National Defense

The candidate shall send a set of application in person to Directorate for Roads of Vietnam and Department of Transport. The application includes:

1. Written request for renewal of driving license according to form prescribed in Appendix 19 enclosed herewith.

2. A copy of military discharge decision within 06 months since it is signed by chief of regiment and over or the decision terminating the labor contract within 06 months since it is signed by competent authority of a business servicing national defense and security.

3. Health certificate issued by competent medical facilities as prescribed except for renewal of A1, A2, A3 class driving license.

4. The copy of unexpired military driving license, people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens or unexpired passport for foreigners and overseas Vietnamese.

The applicant shall be photographed when submitting the application for replacement and must present the original copy of aforesaid documents (except for sent original documents) for comparison.

Applications for renewal of military driving licenses are original records including documents as specified in Clauses 1 and 2, this Article and corner-cut military driving license is returned to the driver for preservation.

Article 40. Procedures on renewal of driving licenses issued by public security

1. Applications for renewal of motorbike driving licenses issued before August 01, 1995 by public security:

The candidate shall send a set of application in person to Directorate for Roads of Vietnam and Department of Transport. The application includes:

Written request for renewal of driving license according to form prescribed in Appendix 19 enclosed herewith;

b) The copy of driving license, people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens or unexpired passport for foreigners and overseas Vietnamese.

c) Original documents (if any);

The applicant shall be photographed when submitting the application for replacement and must present the original copy of aforesaid documents (except for sent original documents) for comparison.

2. Applications for renewal of driving licenses issued from August 01, 1995 by public security:

The candidate shall send a set of application in person to Directorate for Roads of Vietnam and Department of Transport. The application includes:

Written request for renewal of driving license according to form prescribed in Appendix 19 enclosed herewith;

b) Copy of decision on retirement or discharge issued by competent authority;

c) Health certificate issued by competent medical facilities as prescribed except for renewal of A1, A2, A3 class driving license;

d) The copy of driving licenses issued by public security, people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens or unexpired passport for foreigners and overseas Vietnamese.

The applicant shall be photographed when submitting the application for replacement and must present the original copy of aforesaid documents (except for sent original documents) for comparison.

Applications for renewal of police force driving licenses are original records including documents as specified in Points a and b, Clause 2, this Article and corner-cut police force driving license returned to the driver for preservation.

Article 41. Procedures on renewal of foreign driving licenses

1. The candidate shall send a set of application in person to Directorate for Roads of Vietnam or Department of Transport (where the residence is registered). The application includes:

Written request for renewal of driving license (Vietnamese citizens shall use the form in Appendix 19 enclosed herewith, foreigners shall use the form in Appendix 20 enclosed herewith);

b) A written translation of the driving license in Vietnamese guaranteed in quality by notary office or Embassy, Consulate in Vietnam where the translator works, affixed with a stamp on adjoining edges of pages and copy of the driving license; in case of any question found, the licensing agency shall issue a written request to the Embassy or Consulate for verification;

c) The copy of passport (passport number, full name, passport photo, validity period and page of entry visa to Vietnam), people’s identity card, citizen’s identity card issued by the Ministry of Foreign Affairs of Vietnam or a photocopy of the Permanent Residence Card, Temporary Residence Card, stay permits or the papers proving the foreigner’s long-term residence in Vietnam; in case of any question found, the licensing agency shall issue a written request to the Ministry of Foreign Affairs, the Immigration Department affiliated to the Ministry of Public Security and the Immigration Office affiliated to the Public Security station at the provinces for verification.

The applicant shall be photographed when submitting the application for replacement and must present the original copy of aforesaid documents (except for sent original documents) for comparison.

2. Applications for renewal of driving licenses returned to drivers by the licensing agency are original records including documents as prescribed in Clause 1, this Article and foreign driving license.

3. Applications for renewal of driving licenses for foreigners not permanently residing in Vietnam are stored for 01 years by the licensing agency including documents as prescribed in Clause 1 this Article.

Article 42. Procedures on renewal of foreign driving licenses issued to foreign tourists driving cars into Vietnam

1. The candidate shall send a set of application in person to the Department of Transport. The application includes:

Written request for renewal of driving license according to form prescribed in Appendix 20 enclosed herewith;

b) A written translation of the driving license in Vietnamese guaranteed in quality by notary office or Embassy, Consulate in Vietnam where the translator works, affixed with a stamp on adjoining edges of pages and copy of the driving license; in case of any question found, the licensing agency shall issue a written request to the Embassy or Consulate for verification;

c) Certified true copy of the entry-exit registration list made by the Ministry of Public Security or the copy of passport that shows passport number, full name, passport photo, validity period and page of entry visa to Vietnam;

d) 01 color 3 cm x 4 cm photo with blue background like those used in ID card.

The applicant must present the original copy of aforesaid documents (except for sent original documents) for comparison.

2. The licensing agency shall note “Driving license is renewed for the first time” in its management records.

Part IV

DRIVER TRAINING AND TESTS IN SOME SPECIAL CASES

Article 43. Driver training

1. Provide training to the disabled for driving motor tricycles (used specifically for the disabled) for issuance of A1 class driving license: Learners may take theory and practical lessons by themselves or register with the training institution to attend prescribed course if they need.

2. Provide training to the disabled that are able to drive B1 testing car of the institution for issuance of B1 class (automatic transmission) driving license

Learners must meet the requirements and applications as prescribed in Article 7, 9 hereof, register with licensed training institutions, learn the prescribed training programs and may learn theoretical subjects by themselves but must be tested for issuance of training certificates;

b) B1 class testing car of the institution must meet the requirements of testing car.

3. Provide training to the disabled that are unable to drive B1 testing car of the institution for issuance of B1 class (automatic transmission) driving license

Learners must meet the requirements and applications as prescribed in Article 7, 9 hereof, register with licensed training institutions, learn the prescribed training programs and may learn theoretical subjects by themselves but must be tested for issuance of training certificates;

b) Cars used specifically for the disabled may be used as training cars, cars for the disabled must be structured in accordance with the abilities of the disabled, ensure regulations as prescribed in Point dd, e, i and k Clause 2 Article 6 of the Decree No. 65/2016/ND-CP stipulating requirements for provision of car driver training and testing services.

4. Provide A1 class training (motorbikes) for low-educated ethnic minorities: the Department of Transport shall establish training conditions and manners appropriate to local conditions and make the submission to People’s committees of provinces for promulgation.

 Article 44. Driving test

1. Driving tests for issuance of A1 class (motorbikes) driving licenses to the disabled, low-educated ethnic minorities shall be implemented by the Department of Transport on the basis of promulgated test content and processes through establishment and submission of appropriate content and manner of testing to People’s committees of provinces for consideration and decision.

2. Provide testing to the disabled that are able to drive B1 testing car of the testing center for issuance of B1 class (automatic transmission) driving license

Candidates must meet the requirements and applications, fully comply with the contents and procedures of the test according to the regulations at the qualified testing center;

b) Candidates shall use B1 class testing car (automatic transmission) of the testing center to participate in the driving through diagrams and on road test.

3. Provide testing to the disabled that are unable to drive B1 testing car of the testing center for issuance of B1 class (automatic transmission) driving license

Candidates must meet the requirements and applications; fully comply with the contents and procedures of the test according to the regulations at the qualified testing center; two examiners must sit on the testing car and directly score the driving through diagrams and on road test.

b) Cars used specifically for the disabled may be used as testing cars, cars for the disabled must be structured in accordance with the abilities of the disabled, ensure regulations as prescribed in Point dd, e, i and k Clause 2 Article 6 of the Decree No. 65/2016/ND-CP stipulating requirements for provision of car driver training and testing services.

Part V

IMPLEMENTATION CLAUSE

Article 45. Reports on driver training, driving tests, and issuance of driving licenses

On July 01 annually, the Department of Transport shall make partial and entire summing-ups of activities of driver training, driving tests, and issuance of driving licenses at the province (including general reports on issuance and renewal of driving licenses according to forms prescribed in Appendix 21 enclosed herewith) and send the report to Directorate for Roads of Vietnam for compilation and reporting to the Ministry of Transport.

Article 46. Inspection and investigation

1. Directorate for Roads of Vietnam shall carry out inspection and investigation into activities of driver training, driving tests, and issuance of driving licenses nationwide.

2. The Department of Transport shall carry out inspection, investigation and supervision of activities of driver training and driving tests conducted by training institutions, test centers within management.

3. Inspection and investigation into activities of driver training, driving tests, and issuance of driving licenses are prescribed by laws.

Article 47. Transitional clause

A1, A2, A3, A4 class license to provide driver training granted before the effective date of this Circular shall remain valid until their expiry date; upon expiration of the license, A1, A2, A3, A4 class training institutions shall comply with regulations prescribed in Clause 4 Article 4 hereof.

Article 48. Effect, implementation

1. This Circular takes effect on June 01, 2017 and supersedes the Circular No. 58/2015/TT-BGTVT dated October 20, 2015 of the Minister of Transport regulating driver training, driving tests, and issuance of driving licenses for road motor vehicles.

2. Directorate for Roads of Vietnam, the Department of Transport of central-affiliated cities and provinces shall be responsible for executing this Circular.

3. Chief of the Ministry Office, the Chief Inspector, general directors of Directorate for Roads of Vietnam, directors of the Department of Transport of central-affiliated cities and provinces, heads of relevant agencies, organizations and individuals shall be responsible for executing this Circular./.