Thông tư 46/2012/TT-BGTVT

Circular No. 46/2012/TT-BGTVT of November 07, 2012, on driver training, driving tests, and issuance of driving licenses

Circular No. 46/2012/TT-BGTVT on driver training driving tests and issuance of driving licenses đã được thay thế bởi Circular No. 58/2015/TT-BGTVT driver training tests issuance of driving licenses with respect to road motor vehicles và được áp dụng kể từ ngày 01/01/2016.

Nội dung toàn văn Circular No. 46/2012/TT-BGTVT on driver training driving tests and issuance of driving licenses


MINISTRY OF TRANSPORT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

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No. 46/2012/TT-BGTVT

Hanoi, November 07, 2012

 

CIRCULAR

ON DRIVER TRAINING, DRIVING TESTS, AND ISSUANCE OF DRIVING LICENSES

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

Pursuant to the Law on Vocational training dated November 29, 2006;

Pursuant to the Government's Decree No. 51/2008/ND-CP dated April 22, 2008 on functions, tasks, entitlements, and organizational structure of the Ministry of Transport;

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

The Minister of Transport promulgates a Circular on driver training, driving test, and issuance of driving licenses

Part 1.

GENERAL REGULATIONS

Article 1. Scope of regulation

This Circular deals with driver training, driving tests, and issuance of driving licenses

Article 2. Subjects of application

1. This Circular is applicable to the agencies that administer the driver training, driving tests, and issuance of driving licenses; driver training institutions, driving test centers, the organizations and individuals related to driver training, driving tests, and issuance of driving licenses nationwide.

2. This Circular does not apply to driver training, driving tests, and issuance of driving licenses of the police and the army in charge of national defense and security.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Trucks, specialized trucks, specialized vehicles are the vehicles defined in TCVN 6211:2003, TCVN 7271:2003.

2. A tractor means a motor road vehicle that runs by an engine, has four wheels, and is usually used for towing a cargo trailer.

3. A small tractor means a motor road vehicle that runs by an engine, is attached to a cargo trailer by a joint, driven with a steering wheel, and has four wheels (two wheels of the tractor and two wheel of the cargo trailer).

4. GVWR of a specialized truck or vehicle means the gross vehicle weight rating of a truck of the same type.

5. GVWR of an instructional truck means its GVWR provided by the manufacturer.

6. Driving license is a license to drive one or some types of motor vehicles issued to the driver.

7. Period of commercial driving means the period the driving license holder has driven the type of vehicle written in the license.

8. Commercial drivers are the people live by driving.

9. Training capacity means the highest number of trainees an institution may receive at a time (by day), which is the total number of trainees in all classes of driving licenses (including theory and practice).

Part 2.

DRIVER TRAINING

Chapter 1.

ADMINISTRATION OF DRIVER TRAINING

SECTION 1. STANDARDS, TASKS, AND ENTITLEMENT OF DRIVER TRAINING INSTITUTIONS

Article 4. Driver training institutions

Driver training institutions are vocational training institutions that are established by competent authorities, are licensed to provide driver training, meet the technical and professional standards of driver training institutions specified in this Circular.

Article 5. Technical and professional standards of driver training institutions

Driver training institutions must have adequate classrooms, departments, trainers, instructional vehicles, practice yards, and practice roads that meet the standards below:

1. Classrooms

a) The minimum area of a classroom is 50 m2, which contains no more than 35 learners and meet educational standards.

b) Driver training institutions that provide training in class A3 and A4 vehicles must have classrooms to learn: traffic rules, components and common repairs, driving techniques, transport techniques, driving ethics (may be in the same room with transport techniques), and a room for practicing maintenance and repair;

c) Driver training institutions that provide training in class A1 and A2 motorcycles must have a classroom to learn traffic rules and riding techniques.

2. A classroom to learn traffic rule must have:

a) Audio-visual aids (screen, projector), pictures of traffic signs, course map;

b) Driver training institutions that provide training in class A3 and A4 vehicles must have classrooms to learn traffic rules with computers, including a server, printer, and at least 10 connected computers that have traffic rule software provided by Directorate for Roads of Vietnam;

c) If the capacity of a driver training institution is 500 learners or more, there must be classrooms to learn traffic rules for at least 100 learners. Each one has a server and at least 20 connected computers with traffic rule software provided by Directorate for Roads of Vietnam;

d) Apart from the requirements in Point c of this Clause, one additional classroom to learn traffic rules must be available if the capacity of the driver training institution is 1,000 learners or more.

3. A classroom to learn about components and common repairs must have:

a) Cross-section models of the engine, the transmission system; models of electricity system;

b) Pictures describing the structure and mechanism of the engine, transmission system, suspension system, braking system, and steering system;

c) Detached parts of a vehicle.

4. A classroom to learn driving techniques must have

a) Audio-visual aids for teaching (tapes, disks, projectors, etc.);

b) Pictures describing basic driving techniques (driver’s seat control, driving position, wheel holding positions, etc.);

c) A lifted vehicle for practicing shifting (may be in another place);

d) 02 classrooms to learn driving techniques must be available if the capacity of the driver training institution is 1,000 learners or more.

5. A classroom to learn transport techniques must have:

a) A system of tables and schedules serving the teaching of professional cargo and passenger transport techniques;

b) Pictures showing cargo symbols.

6. A classroom to practice maintenance and repair must have:

a) A ventilation and lighting system that meet occupational hygiene and safety requirements;

b) A hard, sturdy, flat and clean floor without being cracked or slippery;

c) A toolkit for every 8 - 10 learners, tool cabinets (no more than 18 learners are allowed in a class);

d) Primary systems of a motor vehicle such as functional engines, transmission systems, steering systems, electricity systems;

dd) Tables for assembly and disassembly; boards and furniture serving teaching and practicing.

7. An administration room must have:

A table showing the training program, the training progress, furniture and necessary equipments for managers.

8. A teacher’s room (may be in the administration room) must have:

Adequate furniture, boards, document cabinets, and teaching materials.

9. General standards of driving instructors:

a) Qualified and virtuous;

b) Healthy;

c) Graduated from at least high school;

d) Holding a certificate of training in pedagogy, except for the persons graduated from universities or colleges of technical education.

10. General standards of theory teachers:

Apart from the general standards in Clause 9 of this Article, theory teachers must also meet the following standards:

a) Graduated from an intermediate vocational school; holding at least an A certificate in information technology;

b) A teacher of traffic rules must hold at least a B1 licence; a teacher of driving techniques must hold a license corresponding to the class of vehicle being taught.

11. General standards of driving instructors:

Apart from the standards in Clause 9 of this Article, driving instructors must also meet the following standards:

a) Instructors of class A1, A2, A3, and A4 vehicles must hold corresponding driving licenses. A driving instructor must hold a driving license that is equal to or higher than the class of vehicle being taught, but not lower than B2. The minimum period of commercial driving of instructors of class B1 and B2 vehicles is 03 years; that of class C, D, E and F vehicles is 05 years;

b) The driving instructor has completed a training course in driving instructions under the guidance of Directorate for Roads of Vietnam and has been issued with a Certificate of driving instructor (the form in Appendix 1a and Appendix 1b of this Circular.

12. Instructional vehicles

a) The quantity of instructional vehicles of corresponding classes must be adequate for the training capacity written in the license for driver training;

b) The vehicles are under the ownership of the driver training institution. Hired vehicles under at least 01-year contracts may be used, provided the number of hired vehicles does not exceed 30% of the number of vehicles of the same class owned by the training institution;

c) Every driver training institution must have vehicles with automatic transmissions (owned or hired) to ensure sufficient practice hours of the training program;

d) New class B1 and B2 trucks for training must have a GVWR of at least 1,000 kg, the number of which does not exceed 30% the total number of instructional vehicles of the same class of the training institution;

dd) Unexpired certificates of technical and environment safety of road motor vehicles must be obtained;

e) A secondary braking system, which is sturdy, convenient, safe, and effective, must be available on the instructor’s side;

g) The vehicle must have a roof and a sturdy seat for the learner;

h) The name of the training institution, the administering authority, and phone number must be written on both doors or sides of the vehicle (the form in Appendix 2 to this Circular);

i) Two metal signs with white text “TẬP LÁI” on blue background must be put up in front of and behind the vehicle: a sign (10 cm x 25 cm) must be fixed on the left of the front bumper, another sign (10 cm x 25 cm for class B vehicles, 35 cm x 35 cm for class C, D, E, F vehicles) must be so fixed in the rear that it does not block the license plate (not on the rear windshield);

k) Motor tricycles, tractors with a GVWR up to 1,000 kg must have 02 metal signs with the white text “TẬP LÁI” on blue background (Appendix 3) in the front and the rear. The sign on a motorbike is 15 cm x 20 cm, on a tractor is 20 cm x 25 cm;

l) A license for instructional vehicles issued by Directorate for Roads of Vietnam or the Service of Transport must be obtained when the requirements in Points b, c, d, dd, e, g, h, and i of this Clause are satisfied.

13. Practice yard

a) The yard is under the ownership of the driver training institution. If the yard is rented, the lease period of the contract must be at least equal to the validity period of the license for driver training.

b) If the capacity of the driver training institution is 1,000 learners or more, at least 02 practice yards with sufficient area must be available;

c) The practice yard must have sufficient road signs and scenarios of the training program. The size of practice tracks must conform to the standards of corresponding classes of vehicle;

d) The height and drainage system of the yard must be able to drain water; the surface of lanes and practice maps in the yard must have asphalt or concrete surface, and lane marks; the practice tracks must be curbed;

dd) Part of the yard shall be used for planting trees; seats are available in the waiting lounge.

14. Minimum are of the practice yard:

a) For class A1 and A2 vehicles: 700 m2;

b) For A1, A2, A3, A4 vehicles: 1,000 m2;

c) For class B1 and B2 vehicles: 8,000 m2;

d) For up to class C vehicles: 10,000 m2;

dd) For up to class D, E, and F vehicles: 14,000 m2;

15. Training route routes

The public roads used for driving instruction must be able to provide every scenario in the training program such as flat roads, narrow road, sloping roads, curving roads, bridges, crowded roads. The training roads (including those in other provinces) must be written in the license for instructional vehicles.

16. Calculation of driver training capacity

When the classrooms, practice yards, instructors, administration apparatus are adequate, the training capacity of a class of vehicles equals the number of instructional vehicles of that class multiplied by the number of learners per vehicle and multiplied by 2 (two). The number of instructed learners at a time must not exceed the availability of suitable instructional vehicles of the training institution.

Article 6. Tasks and entitlements of driver training institutions

1. Enroll learners that satisfy the conditions pertaining to ages, health, seniority, and length of safe driving (applicable to applicant for license upgrade).

2. Signing and finalizing training contracts with learners.

a) The contract must specify the contents of the training program and plan, the course duration, the tuition fee, methods of payment, finalization time, methods of training, classes of instructional vehicles, and quality. The contract form is provided in Appendix 5a to this Circular. Apart from the primary information stated above, both parties may reach other lawful agreements that suit their conditions;

b) The finalization form must contain the result of the contract and the learner’s assessment of the training institution. The finalization form is provided in Appendix 5b to this Circular.

3. Disclose the policies on enrolment and training administrations to the managers, teachers, employees of the training institution, and learners.

4. Provide training for new licenses and license upgrade in accordance with the license for driver training and the training program.

5. Receive registrations for driving exam and hold the driving exam.

6. Maintain and regularly upgrade the infrastructure and teaching materials to improve the training quality.

7. Keep the documents related to the training course in accordance with regulations on vocational training of the State and driver training of the Ministry of Transport.

8. Make sure that driving instructors wear the tag “Giáo viên dạy lái xe” and learners wear the tag “Học viên tập lái xe” when driving on public roads. The tag is issued by the contract of the driver training institution and must bear the instructor’s or learner’s name, picture, the name of the training institution (the form in Appendix 6a and Appendix 6b to this Circular).

9. Hold the tests and issue certificates of basic training or certificates of course completion to learners of class A4 vehicles.

10. Collect and use tuition fees according to current regulations.

11. Employ qualified instructors; offer refresher courses to the instructors.

12. Reporting:

a) Reports on registrations for training in class A1 and A2 vehicles (the form in Appendix 7 to this Circular) shall be sent to the agency in charge of driving exam and issuance of driving licenses (hereinafter referred to as administering authority) at least 04 days before the exam date.

b) Reports on registrations for training in class A3, A4, B1, B2, C, D, E and F vehicles (report 1), list of learners, list of the driving licenses that need verifying (of applicants for license upgrade) together with the training plan (the form in Appendix 9 of this Circular) shall be sent to the administering authority right after the commencement of the course (in class A3 and A4 vehicles) or not later than 07 days after the commencement date of the course (in class B1, B2, D, E, F vehicles) or not later than 15 days after the commencement date of the course (in class C vehicles);

c) Report 1 shall be sent online to Directorate for Roads of Vietnam or the Service of Transport; every page of the report shall be signed by the chief of the driving exam administration board, and bear the seal of the agency that receives the report.

Article 7. Documents serving the training and training administration of driver training institutions

1. The driving textbooks for various classes of vehicles issued by competent authorities.

2. The instructions on the test and reference materials serving the teaching and learning.

3. The documents and forms serving the training administration are provided by the Ministry of Labor, War Invalids and Social Affairs and in this Circular.

4. The documents and forms used by a driver training institution include:

a) A training plan in Appendix 9 to this Circular.

b) A progress of training in various classes of vehicles in Appendix 10 to this Circular.

c) A practice logbook in Appendix 11 to this Circular.

d) Class record book (Form 3 in the Decision No. 62/2008/QD-BLDTBXH dated November 04, 2008 of the Minister of Labor, War Invalids and Social Affairs);

dd) Theory lesson plans for a course (Form 5 in the Decision No. 62/2008/QD-BLDTBXH dated November 04, 2008 of the Minister of Labor, War Invalids and Social Affairs);

e) Practice lesson plans for a course (Form 6 in the Decision No. 62/2008/QD-BLDTBXH dated November 04, 2008 of the Minister of Labor, War Invalids and Social Affairs);

g) Records on issuance of certificates of basic training and certificates of course completion (Form 9 in the Decision No. 62/2008/QD-BLDTBXH dated November 04, 2008 of the Minister of Labor, War Invalids and Social Affairs);

5. The institutions that provide training in class A4 vehicles type shall use the documents in Point c, d, dd, and e Clause 4 of this Article.

6. The institutions that provide training in class A1, A2 and A4 motorcycles shall use the documents in Point d Clause 4 of this Article.

7. The forms of certificate of basic training and certificate of completion are provided in Appendix 12 of this Circular, which is printed by the training institution.

8. Retention period:

a) The records on issuance of certificates of basic training and certificates of course completion shall be retained indefinitely;

b) Final exam papers and other documents shall be retained for 02 years.

Documents shall be destroyed after the retention period according to current regulations.

SECTION 2. DRIVING LEARNERS

Article 8. Requirements on driving learners

1. Vietnamese Citizens; foreigners allowed to reside, working or studying in Vietnam.

2. The person reaches the driving age (up to the exam date), has sufficient health and education.

3. Learners of class A2 vehicles are the persons defined by the Prime Minister.

4. A learner that applies for a license upgrade must have sufficient period of commercial driving and length of safe driving:

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

b) B2 to C, C to D, D to E; B2, C, D, E to F: at least 03 year of driving, 50,000 km of safe driving;

c) B2 to D, C to E: at least 05 year of driving, 100,000 km of safe driving.

5. The applicant for upgrade of his driving license to class D, E must graduate from middle school or above.

Article 9. Training method

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

2. The applicants for class B2, C, D, E and F licenses must be trained at the institution, tested, and issued with certificates of basic training or certificates of course completion.

Article 10. Learner’s application

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

c) A petition for study and test for the driving license (the form in Appendix 13 to this Circular);

b) A photocopy of an unexpired ID card or passport;

c) A health certificate issued by a competent medical facility.

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

a) The papers mentioned in Clause 1 of this Article;

b) A statement of driving period and safe driving distance (the form in Appendix 14 of this Circular). The learner is responsible for their statement;

c) A photocopy of the middle school degree or an equivalent (the original shall be presented with the application for driving exam) if the license applied for is class D or E;

d) A photocopy of the driving license (the original shall be presented during the test and when receiving the driving license).

The applicant shall be photographed when the application is submitted.

SECTION 3. ADMINISTRATION OF DRIVER TRAINING

Article 11. Directorate for Roads of Vietnam

1. Directorate for Roads of Vietnam is assigned by the Ministry of Transport to administer driver training nationwide.

2. Orient the development of driver training institutions, driver training programs; documents and forms serving the administration of driver training.

3. Provide driver training textbooks nationwide.

4. Issue and reissue licenses for driver training; change the class of vehicles being taught, increase the training capacity by 20% of that written in the licenses for driver training issued to driver training institutions.

5. Provide refresher training courses and issue certificates of driving instructors using the form in Appendix 1c to this Circular to driving instructors nationwide.

6. Inspect the administration and driver training of Services of Transport and driver training institutions.

7. Administer the driver training provided by driver training institutions, retain documents in accordance with Clause 7 Article 12 of this Circular.

Article 12. Services of Transport

1. Administer driver training within their province.

2. Request Directorate for Roads of Vietnam to approve the plan for building new driver training institution pursuant to the planning and orientation.

3. Carry out periodic or unscheduled inspections of driver training and driving tests organized by training institutions.

4. Issue and reissue licenses to provide training in class A1, A2, A3, and A4 vehicles; change the training capacity by up to 20% of that written in the licenses for driver training issued to driver training institutions.

5. Check the fulfillment of technical standards, professionalism of training institutions, request Directorate for Roads of Vietnam to issue and reissue licenses for driver training, change the classes of vehicles, and increase the training capacity of the training institutions by over 20%.

6. Provide training for driving instructors and issue certificates of training to driving instructors.

7. Retain the documents below:

a) The list of driving instructors (the form in Appendix 15c to this Circular);

b) The logbook of licenses for instructional vehicles (the form in Appendix 15e to this Circular);

c) Inspection records.

Article 13. Senior administering authorities of driver training institutions

1. Administer the operation of driver training institutions under their management.

2. Enable driver training institutions to improve their infrastructure and equipment serving the training; provide refresher training for the instructors; improve the administration of the institutions; instruct the institutions to comply with regulations on driver training.

Article 14. Procedure issuing driving instructor certificate

1. The applicant shall submit an application directly or by post to the Service of Transport or Directorate for Roads of Vietnam, which consists of:

a) A petition using the form in Appendix 15a to this Circular;

b) A certified true copy or a photocopy of the driving license attached to the original for comparison;

c) A middle school degree or an equivalent (a photocopy attached to the original for comparison or a certified true copy);

d) A health certificate issued by a competent medical facility;

dd) A teaching certificate (a photocopy attached to the original for comparison or a certified true copy);

e) 02 pictures as on the ID card (3 cm x 4 cm, blue background).

2. Services of Transport or Directorate for Roads of Vietnam shall receive the applications sent by individuals and the lists sent by training institutions (Appendix 15b to this Circular) and driving instructors’ profiles, check them and notify the time of training in driver training method.

3. Services of Transport or Directorate for Roads of Vietnam shall provide training for qualified individuals and test them. The unqualified individuals shall be notified in writing with explanation.

Within 03 working days from the day on which the test is passed, the Service of Transport or Directorate for Roads of Vietnam shall issue the driving instructor certificate. The persons issued with the driving instructor certificates must present their unexpired ID cards or passports when receiving the license.

Article 15. Procedure for licensing instructional vehicles

1. The training institution shall submit an application directly or by post to the Service of Transport or Directorate for Roads of Vietnam, which consists of:

a) A list of instructional vehicles that need licensing (the form in Appendix 15d to this Circular);

b) The application for the instructional vehicle license, which consists of: a certificate of vehicle registration (photocopy), an unexpired certificate of technical and environmental safety (photocopy), an unexpired certificate of civil liability insurance (photocopy).

2. Within 03 working days from the receipt of the sufficient application, the Service of Transport or Directorate for Roads of Vietnam shall issue the instructional vehicle license to the training institution (the forms in Appendix 4a and Appendix 4b to this Circular). The duration of a license is equal to the period that vehicle may be used. If application is rejected, a written response and explanation shall be made.

3. Expired licenses for instructional vehicles shall be reissued in accordance with Clause 1 and Clause 2 of this Article.

Article 16. Procedure for issuing new licenses for driver training

1. Approval for establishment of a new driver training institution:

a) Ann organization or individual that has adequate land (certified by a competent authority) and money may submit a written request together with a construction plan to the Service of Transport directly or by post;

d) In consideration of the local demand for training, the Service of Transport shall request Directorate for Roads of Vietnam in writing to consider approve establishment of a new driver training institution. If the request is rejected, the Service of Transport or Directorate for Roads of Vietnam shall notify the applicant in writing and provide explanation.

2. An application for a new license for driver training shall be submitted to Directorate for Roads of Vietnam directly or by post, which consists of:

a) A written request for the license for driver training (the form in Appendix 16 to this Circular).

b) A written approval by Directorate for Roads of Vietnam (photocopy);

c) A decision made by a competent authority to establish the vocational training institution that provides driver training (certified true copy);

d) Driving instructor certificates (certified true copies);

dd) Certificates of vehicle registrations (certified true copies), unexpired certificates of technical and environmental safety (photocopies), licenses for instructional vehicles (photocopies).

3. Within 10 working days from the receipt of the sufficient application, Directorate for Roads of Vietnam shall cooperate with relevant agencies in carrying out an inspection at the premises of the training institution. An inspection record shall be made in accordance with the form in Appendix 17a to this Circular;

4. Within 05 working days from the end of the inspection, Directorate for Roads of Vietnam shall issue a new license for driver training to the training institution.

5. If the issuance is suspended or rejected, a written response specifying the explanation and necessary improvements shall be made. Another inspection may be carried out where necessary. The Service of Transport shall supervise and report the improvements to Directorate for Roads of Vietnam.

Within 03 working days from the day on which the certification of improvements made by the Service of Transport is received, Directorate for Roads of Vietnam shall issue a new license for driver training to the training institution. If application is rejected, a written response and explanation shall be made.

Article 17. Procedure for reissuing licenses for driver training

1. When a license for driver training shall be reissued when it expires, the classes of vehicles used for training are changed, or the training capacity is increased by over 20%;

2. Application for reissuance of the license for driver training

a) Renewal of expired license: 30 days before the expiration date of the license for driver training, the training institution shall make 02 applications for the renewal of the license and submit them to the Service of Transport and Directorate for Roads of Vietnam directly or by post. An application consists of the papers mentioned in Points a, d, and dd Clause 2 Article 16 of this Circular (only the papers related to the changes of instructors and instructional vehicles shall be provided);

b) Changing classes of vehicles used for training: The training institution shall submit an application directly or by post to the Service of Transport and Directorate for Roads of Vietnam. This application consists of the papers mentioned in Points a, d and dd Clause 2 Article 16 of this Circular;

c) Increasing the training capacity by over 20%: The training institution shall submit 02 applications directly or by post to the Service of Transport and Directorate for Roads of Vietnam. An application consists of the papers mentioned in Points a, d, and dd Clause 2 Article 16 of this Circular (only papers related to the changes of instructors and instructional vehicles shall be provided).

3. Within 05 working days from the receipt of the sufficient application, the Service of Transport shall cooperate with a local vocational training authority to carry out an inspection at the training institution and make an inspection record using the form in Appendix 17b to this Circular (for renewal of expired licenses and changes of classes of vehicles) or the form in Appendix 18 to this Circular (for increase of training capacity).

4. Within 03 working days from the end of the inspection, the Service of Transport shall send the inspection record together with a report to Directorate for Roads of Vietnam.

5. Within 05 working days from the receipt of the sufficient application, Directorate for Roads of Vietnam shall reissue the license for driver training to the training institution. If application is rejected, a written response and explanation shall be made.

Article 18. Procedure for changing the training capacity by up to 20%

1. The training institution shall send 01 application to the Service of Transport directly or by post. The application consists of the papers mentioned in Points a, d and dd Clause 2 Article 16 of this Circular.

2. Within 03 working days from the receipt of the sufficient application, the Service of Transport shall carry out an inspection at the training institution and make an inspection record using the form in Appendix 19 to this Circular.

3. Within 03 working days from the end of the inspection, the Service of Transport shall issue a written certification of the change of the training capacity. If the application is rejected, a written response and explanation shall be made.

Article 19. Procedure for issuing new licenses for training in class A1, A2, A3 and A4 vehicles

1. The training institution shall submit 01 application to the Service of Transport directy or by post, which consists of:

a) A report and request for the license (the form in Appendix 16 to this Circular);

b) A decision made by a competent authority to establish the vocational training institution that provides driver training (certified true copy);

C) Driving instructor certificates (certified true copy);

d) Certificates of registration of class A1, A2, A3, A4 vehicles used for practice (photocopies).

2. Within 05 working days from the receipt of the sufficient application, the Service of Transport shall carry out an inspection at the training institution and make an inspection record using the form in Appendix 20 to this Circular.

3. Within 05 working days from the end of the inspection, the Service of Transport shall issue a license for driver training to the training institution If application is rejected, a written response and explanation shall be made.

Article 20. Procedure for reissuing licenses for training in class A1, A2, A3 and A4 vehicles

1. 15 days before the expiration date of the license for driver training, the training institution shall submit 01 application for reissuance of the license to the Service of Transport directly or by post, which consists of:

a) A report and request for reissuance of the license (the form in Appendix 16 to this Circular);

b) Driving instructor certificates (certified true copy);

c) Certificates of registration of class A1, A2, A3, A4 vehicles used for practice (photocopies).

2. Within 03 working days from the receipt of the sufficient application, the Service of Transport shall carry out an inspection at the training institution and make an inspection record using the form in Appendix 20 to this Circular.

3. Within 05 working days from the end of the inspection, the Service of Transport shall issue a license for driver training to the training institution If application is rejected, a written response and explanation shall be made.

Article 21. License for driver training

1. The form of the license for driver training is provided in Appendix 21a and Appendix 21b to this Circular.

2. The validity period of a license for driver training is 05 years.

Chapter 2.

DRIVER TRAINING PROGRAM

SECTION 1. TARGETS AND REQUIREMENTS

Article 22. Targets

The learner must grasp the traffic rules, follow a code of professional ethics, and is proficient in operating the vehicle safely.

Article 23. Requirements

1. The learner must grasp the traffic rules and road signs of Vietnam, understand the driver’s responsibility for adhering to traffic rules.

2. The learner must understand the effects, structure, and mechanism of primary systems on the vehicle; know the structure of a modern vehicle, necessity of regular maintenance; able to check and repair minor problems of the vehicle while operating on public roads.

3. The learner must know the driver’s responsibilities, obligations and entitlements, the procedure and method for cargo transport and passenger transport.

4. The learner must be able to operate the type of vehicle (written in the driving license) safely over various terrains, in various weather conditions, able to handle difficult situations to avoid accidents.

SECTION 2. TRAINING PROGRAMS

Article 24. Training for class A1, A2, A3 and A4 licenses

1. Training time:

a) Class A1: 12 hours (10 hours for theories, 2 hours for practice).

b) Class A2: 32 hours (20 hours for theories, 12 hours for practice).

c) Class A2 and A4: 112 hours (52 hours for theories, 60 hours for practice).

2. Tested subjects:

a) Traffic rules: Class A2, A3, A4;

b) Practical test: class A3 and A4.

3. Program and timetable

No.

SUBJECT AND CRITERIA

Unit

Class of driver license

A1

A2

A3, A4

1

Traffic rules

hour

8

16

32

2

Component and common repairs

hour

-

-

12

3

Transport techniques

hour

-

-

4

4

Driving techniques

hour

2

4

4

5

Driving practice

hour

2

12

60

 

- Driving hours per learner

hour

2

12

12

 

- Driving practice length per learner

km

-

-

100

 

- Number of learners per instructional vehicle

learner

-

-

5

6

Learning hours per learner in a course

hour

12

32

64

7

Total hours of a course

hour

12

32

112

TRAINING TIME

1

Learning days

day

2

4

14

2

Days off

day

-

-

1

3

Total

day

2

4

15

 

 

 

 

 

 

 

 

Article 25. Training for class B1, B2, C licenses 

1. Training time

a) Class B1: 556 hours (136 hours for theories, 420 hours for practice).

b) Class B2: 588 hours (168 hours for theories, 420 hours for practice).

c) Class C: 920 hours (168 hours for theories, 752 hours for practice).

2. Tested subjects

a) All subjects will be tested;

b) The tests at the end of the course include a test on traffic rules and 10 continuous modules, driving back and forth in a series of zigzags, and driving on public roads.

3. Program and timetable

No.

 SUBJECT AND CRITERIA

UNIT

Class of driver license

B1

B2

C

1

Traffic rules

hour

90

90

90

2

Components and common repairs

hour

8

18

18

3

Transport techniques

hour

-

16

16

4

Driving ethics and traffic etiquette

hour

14

20

20

5

Driving techniques

hour

24

24

24

6

- Total hours of practice per instructional vehicle

hour

420

420

752

- Practice hours per learner

hour

84

84

94

- Driving practice length per learner

km

1100

1100

1100

- Average number of learners per instructional vehicle

learner

5

5

8

7

Learning hours per learner of a course

hour

220

252

262

8

Total hours of a course

hour

556

588

920

TRAINING TIME

1

Reviewing and testing

day

4

4

4

2

Learning days

day

69.5

73.5

115

3

Days off

day

15

15

21

4

Total

day

88,5

92,5

140

 

 

 

 

 

 

 

 

 

Article 26. Training for license upgrade

1. Training time

a) B1 to B2: 94 hours (44 hours for theories, 50 hours for practice).

b) B2 to C: 192 hours (48 hours for theories, 144 hours for practice).

c) C to D: 192 hours (48 hours for theories, 144 hours for practice).

c) D to E: 192 hours (48 hours for theories, 144 hours for practice).

dd) B2 to D: 336 hours (56 hours for theories, 280 hours for practice).

a) C to E: 336 hours (56 hours for theories, 280 hours for practice).

g) B2, C, D, E to F: 192 hours (48 hours for theories, 144 hours for practice).

2. Tested subjects

a) All subjects will be tested;

b) The tests for upgrade to class B2, C, D and E licenses include a test on traffic rules and 10 continuous modules, driving back and forth in a series of zigzags, and driving on public roads.

c) The tests for upgrade from class B2, C, D, E licenses to class F licenses include a test on traffic rules, driving test along the track and on public roads using the test for class F licenses.

3. Program and timetable

No.

SUBJECT AND CRITERIA

UNIT

Type of driver license

B1 to B2

B2 to C

C to D

D to E

B2, C, D, E to F

B2 to D

C to E

1

Traffic rules

hour

16

16

16

16

16

20

20

2

Knowledge about the new class of vehicle

hour

-

8

8

8

8

8

8

3

Transport techniques

hour

16

8

8

8

8

8

8

4

Driving ethics and traffic etiquette

hour

12

16

16

16

16

20

20

5

Total hours of practice per instructional vehicle

hour

50

144

144

144

144

280

280

 

- Practice hours per learner

hour

10

18

18

18

18

28

28

 

- Practice length per learner

km

150

240

240

240

240

380

380

 

- Number of learners per instructional vehicle

learner

5

8

8

8

8

10

10

6

Learning hours per learner in course

hour

62

66

66

66

66

84

84

7

Total hours of a course

hour

102

192

192

192

192

336

336

TRAINING TIME

1

Reviewing and testing

day

2

2

2

2

2

2

2

2

Learning days

day

13

24

24

24

24

42

42

3

Days off

day

3

4

4

4

4

8

8

4

Total

day

18

30

30

30

30

52

52

 

 

 

 

 

 

 

 

 

 

 

Article 27. Contents and durations of modules

1. Training for class A1 and A2 licenses

No.

Contents

Class A1: 12 hours

Class A2: 32 hours

Theory: 7 hours

Practice: 5 hours

Theory: 12 hours

Practice: 20 hours

1

Traffic rules

6

2

10

6

 

- Basic knowledge about traffic rules

4

1

6

4

 

- Necessity of obeying traffic rules and ability to handle traffic situations

1

 

1

 

 

- Practice giving first aid in case of road accidents

1

1

2

2

 

- Testing

-

-

1

-

2

Driving techniques

1

1

2

2

 

- Positions and effects of primary parts of the motorbike

0.5

1

1

2

 

- Driving techniques

0.5

-

1

-

3

Driving practice

-

2

-

12

 

- Practice driving along the track

-

1.5

-

2

 

- Practice driving in the yard

-

0.5

-

8

 

- Practice hard braking

-

-

-

1

 

- Practice steering

-

-

-

1

2. Training for class A3 and A4 licenses

No.

Contents

Theory: 39 hours

Practice: 73 hours

1

Traffic rules: 32 hours

25

7

 

Part I: The Law on Road traffic

12

-

 

- Chapter I: General regulations

1

-

 

- Chapter II: Road traffic principles

4

-

 

- Chapter III: Road vehicles

2

 

 

- Chapter IV: Operators of road vehicles

3

-

 

- Chapter V: Road transport

2

-

 

Part II. Road signs

11

6

 

- Chapter I: General regulations

0.5

-

 

- Chapter II: Traffic control signals

1

1

 

- Chapter III: Road signs

 

 

 

+ Prohibition signs

1

1

 

+ Danger signs

1

1

 

+ Mandatory signs

1

1

 

+ Direction signs

1

1

 

+ Secondary signs

1

1

 

- Chapter IV: Other road markings

 

 

 

+ Road surface markings

1

-

 

+ Markers, boundary walls and fences

1

-

 

+ Milestones

0.5

-

 

+ Road boundaries

0.5

-

 

+ Convex mirrors and median strips

0.5

-

 

+ Freeway signs

0.5

-

 

+ Prohibition signs

0.5

-

 

+ Signs of diplomatic routes

0.5

 

 

Part III: Handling traffic situations

1

1

 

- Characteristics of the course map

0.5

-

 

- How to go through the course map

0.5

1

 

- Testing

1

-

2

 Components and common repairs: 12 hours

6

6

 

- Structure and mechanism

2

1

 

- Use of controllers

2

2

 

- Common repairs

2

3

3

Transport techniques: 4 hours

4

-

 

- Classification of goods and passengers

1

-

 

- Transport formalities

1

-

 

- Responsibility of drivers in transport

2

-

4

Driving techniques: 4 hours

4

-

 

- Basic driving techniques

1

-

 

- Driving in the yard, along the 8-track and 3-track;

1

-

 

- Driving on rough roads and driving at night

1

-

 

- Aggregated exercises

1

-

5

Driving practice: 60 hours

-

60

 

- Practice driving in a flat yard (in the practice yard)

-

4

 

- Practice driving on a flat road (in the practice yard)

-

4

 

- Practice driving along the 3-track and 8-track;

-

8

 

- Practice driving at night

-

6

 

- Practice driving in midlands and mountains

-

10

 

- Practice driving on rough roads

-

10

 

- Practice driving with load

-

12

 

- Aggregated driving exercises

-

4

 

- Testing

-

2

3. Training for class B1, B2 and C licenses

a) Traffic rules

No.

Contents

Class B1: 90 hours

Class B2: 90 hours

Class C: 90 hours

Theory: 72 hours

Practice: 18 hours

Theory: 72 hours

Practice: 18 hours

Theory: 72 hours

Practice: 18 hours

1

Part I. The Law on Road traffic

24

-

24

-

24

-

 

- Chapter I: General regulations

2

-

2

-

2

-

 

- Chapter II: Road traffic principles

9

-

9

-

9

-

 

- Chapter III: Road vehicles

5

-

5

-

5

-

 

- Chapter IV: Road vehicle drivers

5

-

5

-

5

-

 

- Chapter V: Road transport

3

-

3

-

3

-

2

Part II. Road signs

28

10

28

10

28

10

 

- Chapter I: General regulations

1

-

1

-

1

-

 

- Chapter II: Traffic control signals

1

1

1

1

1

1

 

- Chapter III: Road signs

 

 

 

 

 

 

 

+ Classification and effects of road signs

1

-

1

-

1

-

 

+ Prohibition signs

4

1

4

1

4

1

 

+ Danger signs

4

1

4

1

4

1

 

+ Mandatory signs

3

1

3

1

3

1

 

+ Direction signs

5

1

5

1

5

1

 

+ Secondary signs

2

1

2

1

2

1

 

- Chapter IV: Other road signs

 

 

 

 

 

 

 

+ Road surface markings

1.5

1

1.5

1

1.5

1

 

+ Markers, boundary walls and fences

1

1

1

1

1

1

 

+ Milestones

1

0.5

1

0.5

1

0.5

 

+ Road boundaries

1

0.5

1

0.5

1

0.5

 

+ Convex mirrors and median strips

-

1

-

1

-

1

 

+ Freeway signs

1

-

1

-

1

-

 

+ Prohibition signs

1

-

1

-

1

-

 

+ Signs of diplomatic routes

0.5

 

0.5

 

0.5

 

3

Part III. Handling traffic situations

8

6

8

6

8

6

 

- Chapter I: Characteristics of the course map

2

-

2

-

2

-

 

- Chapter II: How to go through the course map

4

4

4

4

4

4

 

- Chapter III: Handling traffic situations on the course map

2

2

2

2

2

2

4

Review

12

2

12

2

12

2

b) Components and common repairs

No.

Contents

Class B1: 8 hours

Class B2: 18 hours

Class C: 18 hours

Theory: 8 hours

Practice: 0 hours

Theory: 10 hours

Practice: 8 hours

Theory: 10 hours

Practice: 8 hours

1

General structure

1

-

1

-

1

-

2

Engine

1

-

2

1

2

1

3

Chassis

1

-

1

1

1

1

4

Electricity system

1

-

1

1

1

1

5

Workshop rules, safety regulations, tool-using techniques

1

-

1

-

1

-

6

Maintenance

1

-

1

2

1

2

7

Common repairs

1

-

2

3

2

3

8

Testing

1

-

1

-

1

-

c) Transport techniques

No.

Contents

Class B2: 16 hours

Class C: 16 hours

Theory: 12 hours

Practice: 4 hours

Theory: 12 hours

Practice: 4 hours

1

General concept of transport, transport management, economic and technical criteria

3

1

3

1

2

Road transport business

4

1

4

1

3

Transport formalities

2

1

2

1

4

Responsibilities of drivers

2

1

2

1

5

Testing

1

-

1

-

d) Driving ethics and traffic etiquette

No.

Contents

Class B1: 14 hours

Class B2: 20 hours

Class C: 20 hours

Theory: 13 hours

Practice: 1 hours

Theory: 19 hours

Practice: 1 hours

Theory: 19 hours

Practice: 1 hours

1

Contemporary ethical issues

3

-

4

-

4

-

2

Professional ethics of drivers

4

-

5

-

5

-

3

Market mechanism and competition in transport business

4

-

4

-

4

-

4

Responsibilities and entitlements of drivers and their employers

-

-

4

-

4

-

5

Practice giving first aid

1

1

1

1

1

1

6

Testing

1

-

1

-

1

-

dd) Driving techniques

No.

Contents

Class B1: 24 hours

Class B2: 24 hours

Class C: 24 hours

Theory: 17 hours

Practice: 7 hours

Theory: 17 hours

Practice: 7 hours

Theory: 17 hours

Practice: 7 hours

1

Structure and functions of components in the cockpit

1

1

1

1

1

1

2

Basic driving techniques

6

2

6

2

6

2

3

Driving on various roads

4

2

4

2

4

2

4

Cargo transport techniques

2

1

2

1

2

1

5

Driver’s mentality

1

-

1

-

1

-

6

Overall driving practice

2

1

2

1

2

1

7

Testing

1

-

1

-

1

-

e) Driving practice (*)

No.

Contents

Class B1: 420 hours per vehicle

Class B2: 420 hours per vehicle

Class C: 752 hours per vehicle

1

Practice steering with the engine off

4

4

8

2

Practice steering with the engine on

4

4

8

3

Practice driving in a flat yard

32

32

48

4

Practice driving along the 3-shape and 8-shape;

56

56

64

5

Practice driving on a flat road (in the practice yard)

32

32

48

6

Practice driving in midlands and mountains

48

48

64

7

Practice driving on rough roads

48

48

80

8

Practice driving at night

40

40

56

9

Practice driving with load

48

48

208

10

Practice driving automatic-transmission vehicle on public roads

10

10

-

11

Aggregated driving exercises

98

98

168

(*): Practice driving after the learner has passed the tests on traffic rules and driving techniques.

4. Training for license upgrade

No.

Contents

Training for license upgrade

B1 to B2 (hour)

B2 to C (hour)

C to D (hour)

D to E (hour)

B2, C, D, E to F (hour)

B2 to D (hour)

C to E (hour)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

1

Traffic rules:

16

16

16

16

16

20

20

 

Part I. The Law on Road traffic

4

4

4

4

4

6

6

 

- Chapter I: General regulations

0.5

0.5

0.5

0.5

0.5

1

1

 

- Chapter II: Road traffic principles

1

1

1

1

1

2

2

 

- Chapter III: Road vehicles

1

1

1

1

1

1

1

 

- Chapter IV: Road vehicle drivers

1

1

1

1

1

1

1

 

- Chapter V: Road transport

0.5

0.5

0.5

0.5

0.5

1

1

 

Part II. Road signs

9

9

9

9

9

10

10

 

- Chapter I: General regulations

0.5

0.5

0.5

0.5

0.5

0.5

0.5

 

- Chapter II: Traffic control signals

0.5

0.5

0.5

0.5

0.5

1

1

 

- Chapter III: Road signs

 

 

 

 

 

 

 

 

+ Prohibition signs

1

1

1

1

1

1

1

 

+ Danger signs

1

1

1

1

1

1

1

 

+ Mandatory signs

1

1

1

1

1

1

1

 

+ Direction signs

1

1

1

1

1

1

1

 

+ Secondary signs

0.5

0.5

0.5

0.5

0.5

0.5

0.5

 

- Chapter IV: Other road signs

 

 

 

 

 

 

 

 

+ Road surface markings

0.5

0.5

0.5

0.5

0.5

1

1

 

+ Markers, boundary walls and fences

0.5

0.5

0.5

0.5

0.5

0.5

0.5

 

+ Milestones

0.5

0.5

0.5

0.5

0.5

0.5

0.5

 

+ Road boundaries

0.5

0.5

0.5

0.5

0.5

0.5

0.5

 

+ Convex mirrors and median strips

0.5

0.5

0.5

0.5

0.5

0.5

0.5

 

+ Freeway signs

0.5

0.5

0.5

0.5

0.5

0.5

0.5

 

+ Prohibition signs

0.5

0.5

0.5

0.5

0.5

0.5

0.5

 

+ Signs of diplomatic routes

0.5

0.5

0.5

0.5

0.5

0.5

0.5

 

Part III. Handling traffic situations

3

3

3

3

3

4

4

 

- Chapter I: Characteristics of the course map

1

1

1

1

1

1

1

 

- Chapter II: How to go through the course map

1

1

1

1

1

1

1

 

- Chapter III: Handling traffic situations on the course map

1

1

1

1

1

2

2

2

Knowledge about the new class of vehicle

-

8

8

8

8

8

8

- Structure, positions, and functions of components in the cockpit

 

1

1

1

1

1

1

- Structure of a typical engine

 

2

2

2

2

2

2

- Structure of typical electricity system

 

2

2

2

2

2

2

- Structure of a typical transmission system

 

2

2

2

2

2

2

- Testing

 

1

1

1

1

1

1

3

Transport techniques

16

8

8

8

8

8

8

 

- General concept of transport, transport management, economic and technical criteria

4

2

2

2

2

2

2

 

- Cargo and passenger transport

5

2

2

2

2

2

2

 

- Transport formalities

3

2

2

2

2

2

2

 

- Driver’s work procedure

3

1

1

1

1

1

1

 

- Testing

1

1

1

1

1

1

1

4

Driving ethics and traffic etiquette

12

16

16

16

16

20

20

 

- Contemporary ethical issues

2

3

3

3

3

4

4

 

- Professional ethics of drivers

2

3

3

3

3

4

4

 

- Market mechanism and competition in transport business

2

3

3

3

3

4

4

 

- Responsibilities and entitlements of drivers and their employers

3

4

4

4

4

5

5

 

- Practice giving first aid

2

2

2

2

2

2

2

 

- Testing

1

1

1

1

1

1

1

5

Driving practice (*)

50

144

144

144

144

280

280

 

- Practice driving in a flat yard

 

4

4

4

4

8

8

 

- Practice driving on a flat road (in the practice yard)

2

4

4

4

4

8

8

 

- Practice driving along the 3-shape and 8-shape;

4

4

4

4

-

8

8

 

- Practice driving along a serpentine track (in the practice yard)

4

4

4

4

-

16

16

 

- Practice driving back and forth (in the practice yard)

-

-

-

-

8

-

-

 

- Practice driving in midlands and mountains

6

20

20

20

20

32

32

 

- Practice driving on rough roads

6

20

20

20

20

40

40

 

- Practice driving at night

6

16

16

16

16

32

32

 

- Practice driving with load

12

40

40

40

40

72

72

 

- Aggregated driving exercises

6

32

32

32

32

64

64

 

- Practice driving automatic-transmission vehicle on public roads

4

 

 

 

 

 

 

(*): Practice driving after the learner has passed the tests on traffic rules and knowledge about the new class of vehicle.

Part 3.

DRIVING TEST AND ISSUANCE OF DRIVING LICENSE

Chapter 1.

DRIVING LICENSE

Article 28. Classification of driving license

1. Class A1 licenses are issued to:

a) Operators of motorcycles with engine capacity of 50 cm3 to <175 cm3;

b) Disabled people that operate motor tricycles that are meant for the disabled.

2. A holder of a class A2 license may operate motorcycles with engine capacity > 175 cm3 and the vehicles allowed in class A1 license.

3. A holder of class A3 license may operate motor tricycles, including three-wheel taxies, motored tricycles, and the vehicles allowed in class A1 licenses.

4. A holder of class A4 license may operate small tractors with a GVWR not exceeding 1,000 kg.

5. A non-commercial driver that holds a class B1 license may operate:

a) Passenger cars with not more than 9 seats, including the driver’s seat;

b) Trucks with a GVWR below 3,500 kg;

c) Tractors and a trailer with a GVWR below 3,500 kg;

2. A commercial driver that holds a class B2 license may operate:

a) Trucks with a GVWR not exceeding 3,500 kg;

b) The vehicles allowed in class B1 licenses.

7. A holder of a class C license may operate:

a) Trucks, specialized trucks, and specialized vehicles with a GVWR of 3,500 kg and over;

b) Tractors and a trailer with a GVWR of 3,500 kg and over;

c) The vehicles allowed in class B1 and B2 licenses.

8. A holder of a class D license may operate:

a) Passenger vehicles with 10 - 30 seats, including the driver’s seat;

b) The vehicles allowed in class B1, B2 and C licenses.

9. A holder of a class E license may operate:

a) Passenger vehicles with more than 30 seats;

b) The vehicles allowed in class B1, B2, C and D licenses.

10. A holder of a class B1, B2, C, D or E license may tow a trailer with a GVWR not exceeding 750 kg when driving the vehicle.

11. A class F license may be issued to a holder of a class B2, C, D or E license to drive the tractors that can tow a trailer with a GVWR over 750 kg, semi-trailers, or articulated passenger car. In particular:

a) A holder of a class FB2 license may tow a trailer while driving the vehicles allowed in the class B2, and drive the vehicles allowed in class B1 and B2 licenses;

b) A holder of a class FC license may tow a trailer while driving the vehicles allowed in the class C license, drive tractors with semi-trailers and the vehicles allowed in class B1, B2, C and FB2 licenses;

c) A holder of a class FD license may tow a trailer while driving the vehicles allowed in the class D license, drive tractors with semi-trailers and the vehicles allowed in class B1, B2, C, D and FB2 licenses;

d) A holder of a class FE license may tow a trailer while driving the vehicles allowed in the class E license, drive tractors with semi-trailers, articulated passenger cars, and the vehicles allowed in class B1, B2, C, D, FB2, and FD licenses;

Article 29. Duration of a driving license

1. Class A1, A2 and A3 licenses have no expiration dates.

2. Class A4, B1, and B2 licenses are valid for 10 years from the date of issue.

3. Class C, D, E, FB2, FC, FD, FE licenses are valid for 05 years from the date of issue.

Chapter 2.

DRIVING TEST

SECTION 1. DRIVING TEST CENTER

Article 30. Driving test center

1. Driving test centers are classified as follows:

a) Test center type 1: provide driving tests on every class of vehicle;

b) Test center type 2: provide driving tests up to class C vehicle;

c) Test center type 3: provide driving tests up to class A4 vehicle.

2. At the request of the People’s Committee of the province, the construction of a new test center type 1 or upgrade of a test center type 2 to type 1 is subject to approval by the Ministry of Transport; the construction of a new test center type 2 is subject to approval by Directorate for Roads of Vietnam. The construction of a new test center type 3 is subject approval of the People’s Committee of the province. The Service of Transport shall consider deciding the upgrade of a practice yard to a driving test center type 3.

3. Directorate for Roads of Vietnam shall carry out inspections and issue certificates to eligible driving test centers type 1 and type 2 (the form in Appendix 22a to this Circular). Services of Transport shall carry out inspections and issue certificates to eligible driving test centers type 3 (the form in Appendix 22b to this Circular).

4. This certificate is valid for 05 years. 30 days before the certificate expires, or when the testing software, grading equipment, class or quantity of testing vehicles are changed, an application for reissuance of the certificate shall be submitted.

Article 31. Procedure for issuing new certificates to driving test centers type 1 or type 2

1. Approval for the plan

a) The applicant shall send a written request enclosed with a summary of the plan for building the driving test center (directly or by post) to the People’s Committee of the province;

b) In consideration of the request of the People’s Committee of the province and the planning, the Ministry of Transport and Directorate for Roads of Vietnam shall issue a written approval for the construction of the driving test center and send it to the People’s Committee and the applicant. If the approval is not given, a written response and explanation shall be made.

2. Approval for the premises and testing track

a) The applicant shall send a written request enclosed with 03 applications (directly or by post) to the Service of Transport. An application consists of: the project of investment, the overall drawing, an authenticated copy of the license for construction, the design of the testing track, a statement of the vehicles used for testing and automatic grading devices;

b) Within 05 working days from the receipt of the sufficient application, the Service of Transport shall send those 03 applications and the written request to Directorate for Roads of Vietnam. If the application is rejected, a written response specifying the explanation shall be made;

c) Within 05 working days from the receipt of the sufficient application, Directorate for Roads of Vietnam shall send a written agreement to the Service of Transport and the applicant. If the approval is not given, a written response to the applicant providing the explanation shall be made.

3. Inspection and certificate issuance

a) When the construction is completed, the applicant shall send an application for a certificate of eligibility to the Service of Transport;

b) Within 05 working days from the receipt of the sufficient application, the Service of Transport shall carry out the inspection and request Directorate for Roads of Vietnam in writing to carry out an inspection and issue the certificate of eligibility to the driving test center. If the application is rejected, a written explanation must be provided for the applicant;

c) Within 25 working days from the receipt of the sufficient application, the Directorate for Roads of Vietnam shall carry out an inspection and issue the certificate. If application is rejected, a written explanation must be provided.

Article 32. Procedure for issuing new certificates to driving test centers type 3

1. The applicant shall send a written request for approval for the construction of a driving test center type 3 (directly or by post) to the People’s Committee of the province (if a new test center is built) or the Service of Transport (if a practice yard is upgraded to a test center).

2. The People’s Committee of the province or Services of Transport shall consider giving an approval for the construction of the driving test center type 3. If the approval is not given, a written explanation must be provided.

3. a) When the construction is completed, the applicant shall send an application for the certificate of eligibility to the Service of Transport. The application consists of the written approval for the construction, the project of investment, a certified true copy of the license for construction, the floor plan, documents about the design of the testing track and, the vehicles used for testing.

4. Within 05 working days from the receipt of the sufficient application, the Service of Transport carry out an inspection and issue the certificate. If application is rejected, a written explanation must be provided.

Article 33. Procedure for reissuing certificates to driving test centers

1. Test centers type 1 and type 2:

a) The driving test center shall send a written request for inspection and reissuance of the certificate of eligibility (directly or by post) to the Service of Transport;

b) Within 05 working days from the receipt of the sufficient application, the Service of Transport shall carry out the inspection and request Directorate for Roads of Vietnam in writing to verify and issue the certificate of eligibility to the driving test center. If the application is rejected, a written explanation must be provided;

c) Within 25 working days from the receipt of the sufficient application, the Directorate for Roads of Vietnam shall carry out an inspection and issue the certificate. If application is rejected, a written explanation must be provided.

2. Driving test center type 3

a) The driving test center shall send a written request for inspection and reissuance of the certificate of eligibility (directly or by post) to the Service of Transport;

b) Within 05 working days from the receipt of the sufficient application, the Service of Transport shall carry out an inspection and reissue the certificate. If the application is rejected, a written explanation must be provided.

Article 34. Responsibilities of a driving test center

1. Ensure adequate infrastructure, testing and grading devices that provides accurate and objective results; send reports to the Service of Transport and Directorate for Roads of Vietnam when such equipment is inaccurate, unstable, or changed.

2. The motor vehicles used for testing must satisfy the following conditions:

a) Every vehicle used for testing along the track must have a certificate of vehicle registration, an unexpired certificate of technical and environmental safety, and an unexpired certificate of civil liability insurance;

b) Every vehicle used for on-road test must satisfy the conditions for running on public roads in the Law on Road traffic; has a secondary braking system on the examiner’s side, which is sturdy, convenient, safe, and effective; and bear two signs saying “XE SÁT HẠCH” in accordance with Point i Clause 12 Article 5 of this Circular.

3. Enable driver training institutions to send have their learners practice; enable the exam councils to hold the test on schedule.

4. Cooperate with competent authorities in the inspection at the driving test center.

5. Plan the annual receipts and expenditures, send reports to competent authorities.

6. Provide the services serving the operation of the test center; disclose the fees for testing and other services.

7. Ensure the safety of the driving exam; cooperate with relevant units to handle the situations.

8. Make reports and retain exam documents as prescribed.

9. Establish a network with the administering authority.

SECTION 2. CANDIDATES

Article 35. Application for driving exam

1. Candidates for the first license:

An application made by the driver training institution shall be submitted directly to Directorate for Roads of Vietnam or the Service of Transport. The application consists of:

a) The papers mentioned in Clause 1 Article 10 of this Circular;

b) An certificate of basic training or certificate of completion (applicable to candidates for class A4, B1, B2, and C licenses);

c) A list of candidates made by the driver training institution, which bears the candidate’s name.

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

One application made by the driver training institution shall be submitted directly to Directorate for Roads of Vietnam or the Service of Transport. The application consists of:

a) The papers mentioned in Clause 2 Article 10 of this Circular;

b) A certificate of basic training or certificate of completion of the advanced course;

c) A list of candidates made by the driver training institution, which bears the candidate’s name.

3. Candidates for renewal of expired licenses:

An application made by the candidate shall be submitted directly at the Directorate for Roads of Vietnam or the Service of Transport (where the expired driving license was registered). The application consists of:

a) The papers mentioned in Point b and Point c Clause 1 Article 10 of this Circular;

b) A petition for the renewal of the driving license (the form in Appendix 29 to this Circular);

c) A photocopy of the expired driving license.

4. Candidates for reissuance of lost driving licenses:

An application made by the candidate shall be submitted directly at the Directorate for Roads of Vietnam or the Service of Transport (where the lost driving license was registered). The application consists of:

a) The papers mentioned in Point b and Point c Clause 1 Article 10 of this Circular;

b) A petition for the reissuance of the driving license (the form in Appendix 29 to this Circular) specifying the date on which the application is received;

c) The original dossier on the lost driving license (if any).

5. Candidates for reissuance of revoked expired licenses:

An application made by the candidate shall be submitted directly at the Directorate for Roads of Vietnam or the Service of Transport (where the revoked driving license was registered). The application consists of:

a) The papers mentioned in Point b and Point c Clause 1 Article 10 of this Circular;

b) A petition for the reissuance of the driving license (the form in Appendix 29 to this Circular) specifying the date on which the application is received;

c) The original dossier on the revoked driving license (if any).

d) The decision on revocation of the driving license;

dd) The certificate of training in traffic rules and driving ethics issued by an eligible driver training institution.

Article 36. Conservation of test results

The candidate may have their test results conserved for 01 year. When the candidate wishes to take the remaining tests, he must satisfy the conditions in Article 8, present the documents in Article 35 of this Circular, and have his name in the list of absent and failed candidates made by the exam council or group of examiners last time.

SECTION 3. EXAM PROCEDURE

Article 37. Driving test contents and procedure

1. Car driving tests shall be taken at eligible driving test centers (hereinafter referred to as test centers).

2. The exam for class A1, A2, A3 and A4 licenses in class 2 urban areas must be taken at eligible driving test centers. The exams in other localities shall be taken at the practice yards where primary infrastructure and vehicles are available and suitable for the classes of licenses according to QCVN 40: 2012/BGTVT.

3. Test contents:

a) Theory test: the test consists of the questions about traffic rules, driving techniques, related issues such as: components and common repairs, transport techniques (for class A3 and A4 licenses); components and common repairs, driving ethics (for class B1 licenses); components and common repairs, transport techniques, driving techniques (for class B2 licenses and above);

Candidates for class A1 license upgrade that have a class B1 license or higher issued by a transport authority shall be exempt from the theory test.

b) Practical driving test along the track for class A1 and A2 licenses;

The candidate shall take 04 skill tests: running in an 8-shape, running straight, running through a series of zigzags, running on a bumpy road.

c) Practical driving test along the track for class A3 and A4 licenses

The candidate shall drive back and forth through a series of zigzags.

d) Practical driving test along the track for class B1, B2, C, D and E licenses

The candidate must follow the order and rive the vehicle through the given tests such as: starting, stopping, giving way to passengers, stopping and starting on a slope, turning 90 degrees, crossing intersections with traffic lights, driving through serpentine roads, horizontal parking (class B1, B2, and C licenses) or parallel parking (class D and E), stopping at intersection with railroads, handling dangerous situations, shifting on a flat road.

dd) Practical driving test along the track for class FB1, FB2, FD, and FE licenses

The candidate shall drive through 05 cones and turn back.

e) Practical driving test along the track for FC licenses

The candidate shall take two tests: driving through 05 cones and turn back, vertical parking.

g) On-road test: the candidate shall drive the vehicle, handle the situations on public roads, and follow to the examiner’s orders.

4. Organization of driving tests:

a) Theory test for class A1 licenses: multiple-choice tests in writing or on computers;

b) Theory test for class A2, A3, A4, B1, B2, C, D, E and F licenses: on computers;

c) Practical driving tests along the track for class A1, A2, A3, A4 and F licenses: at driving test centers or qualified testing yard;

d) Practical driving tests along the track for class B1, B2, C, D, E licenses: at driving test centers where automatic grading devices are available. Examiners do not sit on the testing vehicle;

dd) Practical driving test on public roads: applied to class B1, B2, C, D, E and F licenses.

5. Directorate for Roads of Vietnam shall provide specific instructions on the exam and issuance of driving licenses.

Article 38. Preparation for the exam

The exam administration board shall:

1. Exam for class A1 and A2 licenses:

a) Receive reports on registrations for the exam for class A1 and A2 licenses sent by training institutions;

b) Examine the profiles and eligibility of the candidates according to Article 35 and Article 36 of this Circular;

c) Request the Director of Directorate for Roads of Vietnam or the Service of Transport to decide the organization of the exam, establish a group of examiners and a group of supervisor (if any).

2. Exam for class A3, A4, B1, B2, C, D, E and F licenses:

a) Receive the report on registrations for testing, the list of learners (report 1), list of driving licenses that need verifying according to the forms in Appendices 8a, 8b, and 8c to this Circular;

b) Receive the request for permission for testing enclosed with a lists of candidates (report 2) according to the forms in Appendices 23a and 23b to this Circular. The training institution must send the reports to the administering authority at least 07 days before the exam;

c) Examine the profiles and eligibility of candidates for class A3, A4, B1, B2, C, D, E and F licenses according to Article 35 and Article 36 of this Circular; makes sure the candidates have their names put on the list of learners (report 1) or list of candidates (report 2) and make a written certification of the issued driving licenses (that are upgraded);

The person assigned to examine candidates’ profiles shall cooperate with the training institution in making a record on profile examination using the form in Appendix 23c to this Circular.

d) Make a testing plan, notify it to the training institution and the candidates;

dd) Request the Director of Directorate for Roads of Vietnam or the Service of Transport to decide the organization of the exam, establish an exam council, a group of examiners and a group of supervisor (if any) according to the form in Appendix 25a to this Circular, together with a list of qualified candidates according to the forms in Appendix 25b and Appendix 25c of this Circular.

3. Testing for reissuance of expired, lost, and revoked licenses:

a) The administration board shall examine the conditions, make a list of candidates using the form in Appendix 24 to this Circular, request the Director of Directorate for Roads of Vietnam or the Service of Transport to decide the organization of the testing together with the testing in Clause 1 and Clause 2 of this Article;

b) If such driving exam is not suitable, a new exam council and group of examiners may be established without a training institution;

c) Where no driving test center type 1 or type 2 is available in a locality: The theory test may be given within the locality using the questions or software provided by Directorate for Roads of Vietnam if only the theory test is retaken. If both the theory test and practical skill test are retaken, they must be done at a driving test center in another locality.

Article 39. Exam council

1. The exam council is established by the Director of Directorate for Roads of Vietnam or the Service of Transport.

a) At least 2/3 of the members must work at the same time, under the majority rule. If an agreement cannot be reached, the council opinion shall prevail;

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

2. Composition of the exam council

a) The council president is a senior officer from the Service of Transport or a representative of the exam administration board, who holds at least a B1 license, is knowledgeable about driver training, driving tests, and issuance of driving licenses, and is authorized by the Director of Directorate for Roads of Vietnam or the Service of Transport;

b) The deputy president of the council is the Director of the driver training institution;

c) Members of the council include: the Director of the driving test center, leader of the group of examiners, and a secretary (from the exam administration board affiliated to Directorate for Roads of Vietnam or the Service of Transport).

3. Tasks of the exam council:

a) Direct the inspection and request the fulfillment of testing conditions;

b) Give assignments and make the testing plan;

c) Provide instructions on testing regulations, announce the fees for testing and license issuance;

d) Organize the testing;

dd) Make and send a report on penalties for violation during the testing to competent authorities;

e) Request candidates to pay compensation for accidents (due to candidates’ mistakes) during the driving test along the track;

g) Aggregate the test results and sign on the record;

h) Retain documents about the testing at the training institution, driving test center, exam administration board.

Article 40. Group of examiners

1. The group of examiners is established by the Director of Directorate for Roads of Vietnam or the Service of Transport.

a) The group of examiners is under the direction of the exam council. The group of examiners for class A1 and A2 testing is under the direction of the exam administration board.

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

2. A group of examiners consists of a team leader and examiners

a) The team leader is a reputable, responsible examiner who always discharges their duties. The examiner’s card must be worn during the driving test.

b) The examiners are officials and civil servants of Directorate for Roads of Vietnam, the Service of Transport, or driver training institutions.

3. Standards of examiners:

a) Having a moral sense;

b) Graduated from at least high school;

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

d) Trained in testing techniques and issued with an examiner’s card by the Director of Directorate for Roads of Vietnam.

4. Tasks of a group of examiners:

a) Check the vehicle, grading equipment, testing yard, and safety measures during the test;

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) Conduct the test in accordance with the procedure;

d) Records and handle the cases in which the rules are violated, or send a report to the exam council;

dd) Organize the exam, aggregate, assess, and report the results to the exam council or exam administration board (for class A1 and A2 licenses)

a) Examiners are responsible for the test results. The leader of the group of examiners is responsible for the overall result of the exam;

g) Examiners must wear uniforms while discharging their duties.

Article 41. Testing order

1. Announce the rules and relevant information about the exam

a) Before the testing, the president of the exam council shall hold a meeting with its members, the group of examiners, and the supervisors (if any) to give assignments to every member;

b) Announce the decision to hold the exam and provide relevant information about the exam for the candidates.

2. Organize the exam in accordance with the exam procedure.

3. Conclude the exam:

a) After the exam for class A3, A4, B1, B2, C, D, E and F licenses: The president of the exam council shall hold a meeting with its members, the group of examiners, and the supervisors (if any) to report the results and sign on the exam records;

The president of the exam council shall add signature and seals on the exam records of successful candidates (the form in Appendix 26a to this Circular).

b) After the exam for class A1 and A2 licenses: The leader of the group of examiners shall hold a meeting with its members, the Director of the driver training institution, and the supervisors (if any) to ratify the test results and sign the exam records.

The chief of the exam administration board shall add signatures and seals on the exam records of the successful candidates (the form in Appendix 26b to this Circular).

The exam records are original dossiers and shall be kept by successful candidates.

Article 42. Exam supervision

1. Directorate for Roads of Vietnam and Services of Transport shall supervise some exams without notice.

2. Supervisors are inspectors of Directorate for Roads of Vietnam or the Service of Transport, knowledgeable about driving education and driving test, virtuous, honest, and objective. A practical test for motorcycles shall be supervised by 02 persons, a practical test for car driving shall be supervised by 03 persons, one among which is the team leader.

3. Supervisors must wear uniform while supervising the exam.

4. Tasks of supervisors where automatic grading devices are available:

a) Supervise the adherence to the testing rules and regulations imposed by the exam council and the group of examiners, ensure the openness, objectiveness, and transparency during the testing;

b) Supervise the verification of candidates’ identity before the theory test and practical driving test; ensure that unauthorized persons do not enter the theory test room;

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

b) Supervisors shall work independently, must not enter the theory test room, must not get in testing vehicles, and must not perform examiner's tasks.

5. Tasks of supervisors where automatic grading devices are not available:

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. Entitlements of supervisors

a) Request the exam council or group of examiners to rectify the misconduct upon discovery;

b) Report the misconduct to Directorate for Roads of Vietnam or the Service of Transport.

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

Article 43. Certification of test results

The exam administration board shall review the results and send a list of successful candidates together with a written request to the Director of Directorate for Roads of Vietnam or the Service of Transport for issuance of decisions on certification of successful candidates (the form in Appendix 27a and 27b to this Circular).

Article 44. Retention of documents about test results

1. After every exam, the exam administration board shall retain the documents about the exam, including:

a) A list of learners (report 1);

b) A list of candidates (report 2);

c) Candidate profile inspection records;

d) The decision to hold the exam;

dd) A table of assignments of the exam council;

e) A table of assignments of the group of examiners;

g) The exam records;

h) A list of absent and failed candidates;

i) Decisions on certification of successful candidates;

k) A list of successful candidates that are issued with driving licenses;

l) Other documents related to the exam.

2. Documents retained by the training institution:

a) The documents mentioned in Points a, b, c, d, g, h, i, k Clause 1 of this Article;

b) Theory test papers and practical test records of candidates.

3. Documents retained by the test center:

a) The documents mentioned in Points d and g Clause 1 of this Article;

b) The list theory test results;

c) The list practical test results.

4. Driving profile shall be kept by candidates.

5. Retention period:

a) The documents mentioned in Points i and k Clause 1 of this Article shall be retained indefinitely;

b) The documents mentioned in Points a, b, c, d, dd, e, g, h, i Clause 1 of this Article shall be retained for 05 years;

c) Final test papers and other documents shall be retained for 02 years.

Documents shall be destroyed after the retention period according to current regulations.

Chapter 4.

ADMINISTRATION OF DRIVING TEST AND ISSUANCE OF DRIVING LICENSE

Article 45. Administering authorities

1. Directorate for Roads of Vietnam is assigned by the Ministry of Transport to administer driver testing and issuance of driving licenses nationwide.

2. Department of Vehicle and Operator Management affiliated to Directorate for Roads of Vietnam is the central exam administration board.

3. Services of Transport shall administer the driving test and issuance of driving licenses within their provinces.

4. Department of Vehicle and Operator Management affiliated to Directorate for Roads of Vietnam shall perform the tasks of a senior exam administration board.

Article 46. Tasks of the central exam administration board

1. Formulate laws on driving test and issuance of driving licenses (Directorate for Roads of Vietnam shall request competent authorities to promulgate such laws); advise the Director of Directorate for Roads of Vietnam to give directions.

2. Consider the forms and documents serving the administration of driving test and issuance of driving licenses, which shall be used nationwide if approved by competent authorities.

3. Carry out periodic and surprise inspections at driving test centers, check the accuracy of automatic grading devices, request a suspension to fix them if necessary, penalize or request competent authorities to penalize the violations.

4. Consider applying information technology to the administration of driving test; establish a network that connects the central exam administration board with test centers, provincial exam administration boards, and driver training institutions.

5. Advise the Director of Directorate for Roads of Vietnam about:

a) Providing instructions on construction of local driving test centers;

b) Providing instructions on techniques, inspecting the operation of driving test centers, their vehicles, equipment, and infrastructure;

c) Providing instructions for and carrying out inspections at provincial exam administration board;

d) Formulating the training programs and training plans; providing training and issue examiner’s cards to examiners nationwide; retaining documents about examiners; administering the examiners of the central exam administration board;

dd) Organizing driving tests and issue driving licenses to the learners at driver training institutions appointed by the Ministry of Transport.

6. Process the applications for renewal of driving licenses sent by the Ministry of Transport; issue and renew driving licenses of:

a) Drivers of central state agencies, associations, international organizations and diplomatic organizations in Hanoi;

b) The drivers under the management of Directorate for Roads of Vietnam.

7. Upgrade the violations committed by drivers to the National driving license database.

8. Other tasks related to driving test and issuance of driving licenses given by Directorate for Roads of Vietnam.

Article 47. Tasks of the provincial exam administration boards

1. Advise Directors of Services of Transport about:

a) Organizing the implementation of regulations of the Ministry of Transport and instructions of Directorate for Roads of Vietnam on testing techniques and issuance of driving license;

b) Estimating the demand for training, retain documents about the examiners under their management;

c) Directing the construction and administering the operation of local test centers;

d) Establishing a network among local test centers, training institutions and Directorate for Roads of Vietnam;

dd) Hold driving exams at the driver training institutions under the management of Services of Transport. If the exam does not take place at a test center under the management of the Service of Transport, the exam administration board of the Service of Transport shall make another testing plan;

e) Reissuing expired, lost, revoked driving licenses to holders of the licenses under the management of Services of Transport.

2. Process the applications for renewal of driving licenses sent by Directorate for Roads of Vietnam or other Services of Transport; issue and renew driving licenses.

3. Upgrade the violations committed by drivers to the National driving license database.

4. Perform other tasks related to driving test and issuance of driving licenses given by Directors of Services of Transport.

Article 48. Forms of driving licenses

1. The forms of driving licenses are provided by the Minister of Transport.

2. Directorate for Roads of Vietnam shall print, issue, provide instructions, and administer the use of driving licenses nationwide.

Article 49. Use and administration of driving licenses

1. A driving license holder may only operate the class of vehicle written in the license. When a class A2 license is lost, the Prime Minister’s regulations shall apply.

2. The driver must carry their driving license while driving.

3. The driving license may be suspended or revoked.

4. Holders of class B1 licenses that wish become commercial drivers and the persons that wish to upgrade their driving licenses must attend a training course and take an exam.

5. Foreigners and Vietnamese citizens that reside overseas and have foreign driving licenses must obtain a corresponding driving license in Vietnam if they wish to drive in Vietnam, unless otherwise prescribed by International Agreements on driving licenses to which Vietnam is a signatory.

6. Unexpired class A1 and A2 licenses issued by police authorities before August 01, 1995 and unexpired driving licenses issued by transport authorities may be used until their expiration dates.

7. Class E licenses issued by transport authorities before July 01, 2009 to underage drivers according to the Law on Road traffic 2008 may be renewed when the expire.

8. The holders of class FD and FE licenses issued by transport authorities before July 01, 2009 that wish to operate tractors with trailers or semi-trailers may have them replaced with FC licenses.

9. The person that declares a false loss of the driving license, falsify the driving license, uses a fake license or fake profile, or commits other frauds to have their driving license renewed or reissued, then the driving license and original profile shall be revoked, and no driving license shall be issued to such person for 05 years from the discovery of the offend. The person shall attend a course and take a test when he wishes to obtain a driving license, just like an applicant for the first license.

Article 50. Verification of driving licenses

1. When receiving a list of driving licenses that need verifying and when reissuing or replacing a driving license, the recipient shall find and print the information about the driving licenses of the applicants for license upgrade, license reissuance or replacement from the National driving license database. A written request for verification of the driving license shall be sent to Directorate for Roads of Vietnam of the Service of Transport if no information is available. The request form is provided in Appendix 28a to this Circular. The verification form is provided in Appendix 28b to this Circular.

2. The verification of driving license is only issued once. Its issuance must be discussed and agreed by the recipient and the verifying authority. Before the verification is issued, Directorate for Roads of Vietnam or the Service of Transport shall not renew or reissue the driving license, nor allow the person to retake a driving exam.

3. Deadline for verification

a) Within 03 working days from the receipt of the valid application (including the period in Clause 2 and Clause 3 Article 52 of this Circular), the application recipient shall request written Directorate for Roads of Vietnam or the Service of Transport in writing to verify the driving license;

b) Within 05 working days from the receipt of the request for verification, Directorate for Roads of Vietnam or the Service of Transport shall verify the driving license.

Article 51. Issuance of new driving licenses

1. Pursuant to the Decision on certification of successful candidate, the Director of Directorate for Roads of Vietnam or the Service of Transport shall issue a driving license to the 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.

2. Each person is issued with only 01 driving license made of PET material. When issuing an upgraded driving license, the issuer shall trim a corner of the old driving license and give it to the applicant.

3. The driving license shall be issued within 10 working days from the end of the exam. Before the driving license is given to the candidate, the administering authority must write the driving license number on the exam record.

Article 52. Reissuance of driving licenses

1. Người có giấy phép lái xe quá thời hạn sử dụng

a) If the driving license has been expired for 03 months to less than 01 year, the theory test must be retaken;

b) If the driving license has been expired for over 01 year, both the theory test and practical test must be retaken.

The application for retaking the exam is specified in Clause 3 Article 35 of this Circular.

2. Where the driver loses their driving license for the first time, which is unexpired or has been expired for less than 03 months, the driving license shall be reissued after 02 months from the day on which the valid application is submitted if the original profile is presented, provided the license is not confiscated by a competent authority according to the national driving license database.

The applicant shall submit 01 application directly at Directorate for Roads of Vietnam or the Service of Transport (where the lost driving license was registered), which consists of:

a) A petition for the reissuance of the driving license (the form in Appendix 29 to this Circular);

b) The original profile of the lost driving license (if any);

c) A health certificate issued by a competent medical facility.

The applicant shall be photographed when submitting the application, and must present their ID card or passport (if the applicant is a foreigner).

3. Where the driver loses their driving license for the first time, which is unexpired or has been expired for less than 03 months, if the original profile is also lost but the driver’s name is on the list of the administering authority, 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 according to the national driving license database.

The driver shall submit 01 application directly at Directorate for Roads of Vietnam or the Service of Transport (where the lost driving license was registered), which consists of:

a) A petition for the reissuance of the driving license (the form in Appendix 29 to this Circular);

b) A health certificate issued by a competent medical facility.

The applicant shall be photographed when submitting the application, and must present their ID card or passport (if the applicant is a foreigner).

4. Where the driver loses their driving license for the first time, which has been expired for 03 months to less than 01 year, a theory test shall be retaken after 02 months from the day on which the valid application is submitted if the original profile is presented, provided the license is not confiscated by a competent authority according to the national driving license database.

The application for retaking the exam is specified in Clause 4 Article 35 of this Circular.

5. Where the driver loses their driving license for the first time, which has been expired for 03 months to less than 01 year, if the original profile is also lost but the driver’s name is on the list of the administering authority, a theory test must be retaken after 02 months from the day on which the valid application is submitted, provided the license is not confiscated by a competent authority according to the national driving license database.

The application for retaking the exam is specified in Clause 4 Article 35 of this Circular.

6. Where the driver loses their driving license for the first time, which has been expired for over 01 year, the driver must retake both the theory test and practical test after 02 months from the day on which the valid application is submitted if the driver’s name is on the list of the administering authority, provided the original license is not confiscated by a competent authority according to the national driving license database, regardless of the availability of the original profile.

The application for retaking the exam is specified in Clause 4 Article 35 of this Circular.

7. Where the driver loses their driving license for the second time within 02 years from the first reissuance, the driver must retake a theory test after 02 months from the day on which the valid application is submitted if the driver’s name is on the list of the administering authority, provided the original license is not confiscated by a competent authority according to the national driving license database.

The application for retaking the exam is specified in Clause 4 Article 35 of this Circular.

8. Where the driver loses their driving license for the third time within 02 years from second reissuance, the driver must retake both the theory test and practical test after 02 months from the day on which the valid application is submitted if the driver’s name is on the list of the administering authority, provided the original license is not confiscated by a competent authority according to the national driving license database.

The application for retaking the exam is specified in Clause 4 Article 35 of this Circular.

9. If a person has the driving license revoked: After 01 year from the revocation date, the person must attend the course in traffic rules, driving ethics, obtain a certificate of training, and submit a sufficient application to take the theory test and practical test for the driving license.

The application for retaking the exam is specified in Clause 5 Article 35 of this Circular.

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

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

A corner of the old driving license (if any) shall be trimmed off when reissuing a new one.

12. The candidates must registers for review, pay fees at driver training institutions, and are exempt from going through the training program.

13. If the original profile of an unexpired license is lost and the license holder’s name is in the list of the administering authority, the license holder may apply for a new profile.

01 application for the profile shall be submitted directly at Directorate for Roads of Vietnam or the Service of Transport (where the driving license is issued), which consists of:

a) A petition for reissuance of the profile (the form in Appendix 29 to this Circular);

b) Photocopies of the driving license and ID card.

The licensing authority shall check, certify, append the seal, and write the number, class of the driving license, the testing date (if any), the name of the training institution (if any) on the upper right corner of the application for renewal or reissuance of the driving license, and give it to the applicant as an original dossier.

Article 53. Replacement of driving licenses

1. The replacement of a driving license must be applied for 03 months before its expiration date.

2. The licenses that have expired for less than 03 months and the damaged licenses may be replaced.

3. Where a holder of a class E license at the age of 55 (male) or 50 (female) wishes to kept driving, their license will be replaced with a class D license or lower provided their health is sufficient.

4. If the date of birth or middle name on the driving license is inconsistent with those on the ID card, the licensing authority shall replace the license with a new one, on which the date of birth and middle name matches those on the ID card.

5. The following licenses may be replaced:

a) Expired licenses of Vietnamese citizens and foreigners that are trained and licensed in Vietnam;

b) Expired licenses of Vietnamese citizens and the foreigners that have stayed in Vietnam for an extended period, whose driving licenses are converted from foreign licenses;

c) Military driving licenses that are still unexpired when their holders are discharged from army;

d) Driving licenses of police officers that are issued by polices authorities after July 31, 1995 and are still unexpired when they are discharged from the police;

dd) Damaged motorcycle licenses issued by transport authorities or police authorities July 31, 1995, provided the holders’ names are in the database.

e) Unexpired foreign driving licenses of the foreigners residing, working, or studying in Vietnam for 03 months or longer may be replaced with corresponding driving licenses of Vietnam if they wish to drive in Vietnam;

g) Unexpired foreign driving licenses of the foreign tourists that bring vehicles registered overseas to Vietnam may be replaced with corresponding driving licenses of Vietnam if they wish to drive in Vietnam;

h) Unexpired driving licenses issued by foreign authorities to Vietnamese citizens overseas may be replaced with corresponding driving licenses of Vietnam if they wish to drive in Vietnam.

6. Driving licenses shall not be replaced in the following cases:

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

b) The driving licenses issued by transport authorities that are not found in the list of issued driving licenses;

c) The replacement of the military driving license is applied for after 06 months from the date of military discharge.

7. Duration and allowable classes of vehicles:

a) The duration of a Vietnam’s driving license issued to a foreigner must match the duration of their entry visa or temporary residence card, the duration of the foreign driving license, and not exceed the duration of a Vietnam’s driving license;

b) The duration of a Vietnam’s driving license issued to a foreign tourist that bring a foreign vehicle to Vietnam must match the duration of the tour in Vietnam (from their entry to their exit) and not exceed the duration of a Vietnam’s driving license;

Where a foreign tourist that brings a vehicle to Vietnam without presenting their passport and driving license, the driving license shall be replaced based on the entry-exit registration list and the translation of the driving license (enclosed with a photocopy of the foreign driving license). Driving licenses shall be issued to only the people that actually enter Vietnam after their driving licenses and passports are checked;

c) A foreign driving license that enables a person to drive various classes of vehicle may be replaced with a Vietnam’s license to drive corresponding classes of vehicle;

d) A military driving license that enable a person to drive various classes of vehicle may be replaced with civil driving licenses to drive corresponding classes of vehicle.

8. Deadline for replacing driving licenses:

a) The driving licenses under direct management or foreign driving licenses shall be replaced within 05 working days from the receipt of sufficient documents;

b) The driving licenses that are not under direct management shall be issued within 25 working days from the receipt of sufficient documents.

A corner of the old driving license (if any) shall be trimmed off when it is replaced (except for the driving licenses issued by foreign authorities).

Article 54. Application for replacement of driving license issued by the Ministry of Transport

An application shall be submitted directly to Directorate for Roads of Vietnam or the Service of Transport, which consists of:

1. A petition for replacement of the driving license (the form in Appendix 29 to this Circular).

2. The original dossier on the driving license (if the driving license is lost).

3. A health certificate issued by a competent medical facility.

4. A photocopy of the driving license (if the driving license is not lost).

The applicant shall be photographed when submitting the application, and must present their ID card or passport (if the applicant is a foreigner).

Article 55. Application for replacement of military driving license issued by the Ministry of National Defense

An application shall be submitted directly to Directorate for Roads of Vietnam or the Service of Transport, which consists of:

1. A petition for replacement of the driving license (the form in Appendix 29 to this Circular).

2. A decision on military discharge that is issued within the last 06 months by a commander of at least a regiment (certified true copy).

3. A health certificate issued by a competent medical facility.

4. The unexpired military driving license (original).

The applicant shall be photographed when submitting the application, and must present their ID card or passport (if the applicant is a foreigner), and the decision on military discharge.

The dossier on replacement of the military driving license kept by the applicant consists of the documents in Clause 1 and Clause 2 of this Article, and the corner-trimmed military driving license.

Article 56. Application for replacement of driving license issued by police authorities

1. Application for replacement of a damaged driving license for motorcycles issued by police authorities before July 31, 1995.

An application shall be submitted directly to Directorate for Roads of Vietnam or the Service of Transport, which consists of:

a) A petition for the reissuance of the driving license (the form in Appendix 29 to this Circular);

b) A health certificate issued by a competent medical facility.

c) A photocopy of the driving license (the original shall be presented for comparison).

d) The original dossier (if any).

The applicant shall be photographed when submitting the application, and must present their ID card or passport (if the applicant is a foreigner), and the decision on military discharge.

2. Application for replacement of a driving license for motorcycles issued by police authorities before July 31, 1995.

An application shall be submitted directly to Directorate for Roads of Vietnam or the Service of Transport, which consists of:

a) A petition for the reissuance of the driving license (the form in Appendix 29 to this Circular);

b) A Decision on discharge from the police issued by a competent authority (certified true copy);

c) A health certificate issued by a competent medical facility;

d) The unexpired driving license issued by a police authority (original);

The applicant shall be photographed when submitting the application, and must present their ID card or passport (if the applicant is a foreigner), and the decision on discharged from the police.

The dossier on replacement of the driving license kept by the applicant consists of the documents in Point a and Point b Clause 2 of this Article, and the corner-trimmed driving license.

Article 57. Application for replacement of foreign driving license

1. 01 application for the profile shall be submitted directly at Directorate for Roads of Vietnam or the Service of Transport (where the residence is registered), which consists of:

a) A petition for the replacement of the driving license (Vietnamese citizens shall use the form in Appendix 29 to this Circular, foreigners shall use the form in Appendix 30 to this Circular);

b) The translation of the foreign driving license certified by a notary, the embassy or a consulate in Vietnam where the translator works. If the translation is suspicious, the licensing authority shall send a written request for verification to the embassy or consulate;

c) A photocopy of the passport that shows the passport number, full name and picture of the applicant, expiration date, and the page showing the visa for Vietnam; a photocopy of the ID card, diplomatic ID card or official’s ID card issued by the Ministry of Foreign Affairs of Vietnam, or a photocopy of the residence card, or the papers proving the foreigner’s long-term residence in Vietnam;

The applicant shall be photograph when submitting the application and must present their unexpired passport, ID card, diplomatic ID card or official’s ID card issued by the Ministry of Foreign Affairs of Vietnam, the residence card or the papers proving the foreigner’s long-term residence in Vietnam for comparison.

2. The dossier on replacement of the driving license kept by the applicant consists of the documents in Points a, b, and c Clause 1 of this Article, and the foreign driving license.

Article 58. Application for replacement of foreign driving licenses held by foreign tourists that bring vehicles to Vietnam

1. 01 application shall be sent to the Service of Transport directy or by post. The application consists of:

a) A petition for replacement of the driving license (the form in Appendix 30 to this Circular);

b) The translation of the foreign driving license certified by a notary, the embassy or a consulate in Vietnam where the translator works. If the translation is suspicious, the licensing authority shall send a written request for verification to the ebassy or consulate;

c) A certified true copy of the entry-exit registration list made by the Ministry of Public Security, a photocopy of the passport that shows the passport number, full name and pictured of the applicant, expiration date, and the page showing the visa for Vietnam;

d) 01 picture as on the ID card (3 cm x 4 cm, blue background).

The unexpired passport and foreign driving license shall be presented for comparison when the driving license is given.

2. The first replacement of the driving license shall be mentioned in the record.

Part 4.

TRAINING AND TESTING IN SOME SPECIAL CASES

Article 59. Driver training

1. Training for class A1 licenses of disabled people that operate motor tricycles meant for the disabled

a) The learner may learn themselves or at the training institution;

b) The tuition fee shall be reduced or exempt.

2. Training for class A1 motorcycles for uneducated ethnic minorities.

Services of Transport shall develop and request the People’s Committees of the provinces to approve training methods and conditions on a case-by-case basis.

Article 60. Driving test

The contents of testing for issuance of class A1 licenses to the disabled and uneducated ethnic minorities shall be considered by Services of Transport based on current testing procedure, and subject to approval by the People’s Committees of provinces.

Part 5.

IMPLEMENTATION

Article 61. Schedule for converting to driving licenses made of PET materials

Directorate for Roads of Vietnam shall plan a schedule for converting all driving licenses that do not have expiration dates (class A1, A2 and A3 licenses) to driving licenses made of PET materials, and submit the schedule to the Minister of Transport for decision.

Article 62. Reporting driver training, driving tests, and issuance of driving licenses

1. In January and July every year, every Service of Transport shall send a report on driver training, driving tests, and issuance of driving licenses Directorate for Roads of Vietnam. Directorate for Roads of Vietnam shall summarize the reports and send them to the Ministry of Transport.

2. Every month before the 5th of the next month, every Service of Transport shall send a report on the issuance and replacement of driving license to Directorate for Roads of Vietnam. Directorate for Roads of Vietnam shall summarize the reports and send them to the Ministry of Transport (the form in Appendix 31 to this Circular).

Article 63. Inspection

1. Organization and Personnel Department, Directorate for Roads of Vietnam shall carry out inspections of driver training, driving tests, and issuance of driving licenses.

2. Services of Transport shall take charge and cooperate with relevant agencies in inspecting and supervising driver training and driving test at training institutions and test centers under the management of Services of Transport.

3. Driver training, driving test, and issuance of driving licenses shall be inspected in accordance with the Law on Inspection.

Article 64. Effect

1. This Circular takes effect on January 01, 2013 and supersedes the Circular No. 07/2009/TT-BGTVT dated June 19, 2009 on driver training, driving tests, and issuance of driving licenses; the Circular No. 15/2011/TT-BGTVT dated March 31, 2011 on amendments to the Circular No. 07/2009/TT-BGTVT.

2. The following regulations of this Circular takes effect on July 01, 2013:

a) Point d Clause 2 of Article 5;

b) Point d Clause 4 of Article 5;

c) Point a (A certificate in information technology) and Point b (teachers of traffic rules must have at least a B1 license) Clause 10 of Article 5;

d) Point a Clause 11 Article 5 (instructors of class A1, A2, A3, and A4 vehicles must hold corresponding driving licenses);

dd) Point c and Point dd Clause 12 Article 5;

e) The training programs mentioned in Article 24, Article 25, and Article 26;

g) Clause 2 Article 34;

h) Clause 2 Article 37.

Article 65. Responsibilities for implementation

1. Directorate for Roads of Vietnam and Services of Transport shall organize the implementation of this Circular.

2. Chief of the Ministry Office, the Chief Inspector of the Ministry, Directors of Departments, the Director of Directorate for Roads of Vietnam, Directors of Services of Transport shall organize the implementation of this Circular, heads of relevant organizations and the individuals concerned are responsible for the implementation of this Circular./.

 

 

MINISTER




Dinh La Thang

 


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Loại văn bảnThông tư
Số hiệu46/2012/TT-BGTVT
Cơ quan ban hành
Người ký
Ngày ban hành07/11/2012
Ngày hiệu lực01/01/2013
Ngày công báo...
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Lược đồ Circular No. 46/2012/TT-BGTVT on driver training driving tests and issuance of driving licenses


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        Circular No. 46/2012/TT-BGTVT on driver training driving tests and issuance of driving licenses
        Loại văn bảnThông tư
        Số hiệu46/2012/TT-BGTVT
        Cơ quan ban hànhBộ Giao thông vận tải
        Người kýĐinh La Thăng
        Ngày ban hành07/11/2012
        Ngày hiệu lực01/01/2013
        Ngày công báo...
        Số công báo
        Lĩnh vựcGiao thông - Vận tải
        Tình trạng hiệu lựcHết hiệu lực 01/01/2016
        Cập nhật7 năm trước

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              Văn bản gốc Circular No. 46/2012/TT-BGTVT on driver training driving tests and issuance of driving licenses

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