Nghị định 65/2016/ND-CP

Decree No. 65/2016/ND-CP July 01, 2016, regulations on requirements for provision of car driver training and testing services

Nội dung toàn văn Decree No. 65/2016/ND-CP regulations requirements provision car driver training testing services


THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: 65/2016/ND-CP

Hanoi, July 01, 2016

 

DECREE

REGULATIONS ON REQUIREMENTS FOR PROVISION OF CAR DRIVER TRAINING AND TESTING SERVICES

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Investment dated November 26, 2014;

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

Pursuant to the Law on technical Regulations and Standards dated June 29 2006;

Pursuant to the Law on Vocational Training dated November 27, 2014;

At request of the Minister of Transport;

The Government hereby issues this Decree setting requirements for provision of car driver training and testing services.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree stipulating requirements for provision of car driver training and testing services.

Article 2. Regulated entities

This Decree applies to driver training institutions, driving test centers and entities providing car driver training and testing services in Vietnam.

Article 3. Interpretation

1. Driver training institution refers to any vocational education establishment providing car driver training courses.

2. Maximum training capacity (MTC) refers to the highest number of trainees which could be within the training institution at one time. MTC is determined by combination of trainees of all levels, including trainees of both theory and practice at the time of determination of MTC.

3. Driving test center refers to any facility which is constructed in conformity with the National Technical Regulation on driving testing services and is classified as follows:

a) Grade-1 driving test centers: carrying out driving tests for categories  A1, A2, A3, A4, B1, B2, C, D, E and F ( including sub-categories FB2, FC, FD, FE);

b) Grade-2 driving test centers: carrying out driving tests for categories A1, A2, A3, A4, B1, B2 and C;

c) Grade-3 driving test centers: carrying out driving tests for sub-categories A1, A2, A3 and A4;

Article 4. Planning for development of driver training institutions and driving test centers

1. The Ministry of Transport shall take charge of and cooperate with People’s Committees of provinces to draw up and propose the planning for development of driver training institutions and driving test center networks in conformity with the socio-economic development strategies and national human resources development planning; and be responsible for inspecting, supervising and publishing the approved planning execution.

2. Driver training institutions and driving test centers specified in this Decree shall be constructed in conformity with current technical regulations.

3. Competent authorities, during the consideration of issue of certificate of investment in driver training institutions and driving test centers, shall consult authorities that are competent to issue licenses to provide car driver training services and certificates of eligibile driving test centers about the appropriateness of the driver training institution and driving test center planning.

Chapter II

REQUIREMENTS FOR PROVISION OF DRIVER TRAINING SERVICES AND ISSUE AND REVOCATION OF LICENSES TO PROVIDE DRIVER TRAINING

Article 5. Requirements for driver training institutions

1. The driver training institution is recognized as vocational training institution that is lawfully incorporated.

2. The driver training institution is constructed in conformity with the driver training institution planning.

Article 6. Technical facility requirements

1. With respect to specialty classrooms

a) Theoretical and practical classrooms shall be constructed in conformity with the technical standards and training capacity under regulations of the Ministry of Transport.

b) Any driver training institution with the TMC of 500 trainees or more shall have at least 02 classrooms for lessons in laws on road traffic and 02 driving technique classrooms ; those with the TMC of 1,000 trainees or more shall have at least 03 classrooms for laws on road traffic and 03 driving technique classrooms;

c) Every classroom for laws on road traffic shall be equipped with audiovisual equipment (screens, projectors), pictures of road sign system,  

d)  Classrooms for car structure and simple repair shall be equipped with engine and transmission system cutaway models, electrical system models; pictures or photos or descriptive diagrams of structure and operation principles of cars’  engines, transmission system, suspension systems, brakes and steering systems;

dd) Driving technique classrooms shall be equipped with audiovisual equipment (disks, projectors...); diagrams or pictures/photos describing basic maneuvers (adjusting drivers’ seat, driving position and posture; cars for gear changing practice (they may be located in a separate place) ;

e) Freight classrooms shall be equipped with chalkboards, diagrams for cargo freight or passenger transport, and symbols applied to parcels;

g) Car maintenance classrooms shall be equipped with air ventilation and lighting systems, specialized automotive repair and maintenance equipment, necessary facilities for auto assembly and disassembly, chalkboards, desks and chairs, well-operating complete engines, transmission system, wheeling systems and electrical systems. Such classrooms shall be constructed in conformity with regulations on occupational health and safety; and floors shall be saved from cracks and slipperiness.

h) Management rooms shall be equipped with notice boards to put up curriculum and annual training schedules, and other necessary office stationery.

2. With respect to cars for learner drivers (hereinafter refer to as “learner driver car”)

a) Every driver training institution shall provide adequate cars for learner drivers in proportion to the number of trainees stated in the license to provide driver training.

b) Learner driver cars may be totally owned by the driver training institution or hired under one-year contracts or longer but the number of hired cars shall not exceed 50% of that of possessed cars for respective driving license categories (for B1, B2, C, D and E ). Learner driver cars for FC classes may be hired under fixed-term contracts at the adequate quantity to meet the need of driver training. Learner driver cars with automatic gearbox for B1 and B2 classes may be totally hired under contracts.

c) Any driver training institution providing driving test services is entitled to use cars for driving test purposes as learner driver cars provided that the duration of use by learner drivers  does not exceed 50% that for driving test purpose.

d) Leaner driver trucks for B1 and B2 classes shall have the payload of at least 1,000 kg and the quantity of such trucks shall not exceed 30% of total number of the same learner driver car category;

dd) The certificate of technical safety and environmental protection are still valid.

e) A firm and effective auxiliary brakes shall be installed next to the instructor's seat

g) Boots shall be equipped with seats and hoods;

h) Name of the driver training institution, supervisory authority and their contact numbers shall be put up on car doors or both sides of the cars as stipulated in Annex I herewith.

i) 02 plates named “TẬP LÁI” (similar to “L-plate” in some countries) made using Annex II enclosed herewith must be affixed to the front and back of the leaner driver car;

k) A car is eligible for being granted the certificate of eligibility for leaner driver cars if it satisfies requirements prescribed in point b, d, dd, e, g, h and i of this clause.

3. Driver training grounds

a) The driver training ground may be under the right of enjoyment of the driver training institution or may be hired under contracts for at least 05 years and located within the scope of the driver training institution planning.

b) Any driver training facility with TMC of 1,000 trainees or more shall have at least 02 training grounds under regulations of laws;

c) Every driver training ground shall be equipped with traffic signs and model obstacles to reproduce traffic situations mentioned in driving lessons. Dimensions and sizes of such models and tracks shall be conformable to the national technical regulations on road motor vehicle driving test centers;

d) Every driver training ground shall be constructed at an appropriate height and have drainage system installed to save it from flood; the track surfaces shall be asphalted or covered with cement concrete and road marking and kerb shall be put on shaped tracks for driver practice.

dd) Lounges and seats shall be equipped;

e) The minimum area of driver training ground for B1 and B2 classes shall be 8,000 m2; for B1, B2 and C shall be 10,000 m2; and for B1, B2, C, D, E and F shall be 14,000 m2.

4. Curricula and timelines for driver training shall be available.

Article 7. Requirements for instructors

1. General requirements:

a) Every instructor shall meet requirements prescribed in clause 4, Article 53 of the law on vocational education;

b) Every instructor shall satisfy pedagogy requirements under regulations of laws;

c) The number of tenured instructors shall exceed 50% of the total number of instructors;

2. Requirements for theory instructors

a) Every theory instructor shall obtain at least a two-year associate degree in law, automotive technology, automotive engineering, automotive assembly or other majors of which the automotive field accounts for at least 30%;

b) Every theory instructor shall acquire at least a level-A informatics certificate or higher

c) Instructors teaching driving technique shall obtain the respective level driving license or higher.

3. Requirement for driving instructors

a) Every driving instructor shall obtain at least a two-year associate degree or higher or driving instructor license;

b) Every driving instructor shall obtain a driving license which is equal to or higher than that (s)he is going to teach but shall not be lower than B2-class;

c) Driving instructors of B1 and B2 classes shall have held their driving license for at least 03 years from the date of issue; those teaching C, D and E classes shall have held their driving license for at least 05 years from the date of issue;

d) Every driving instructor has completed driver training courses provided by the competent authority and has obtained the driving instructor license.

Article 8. Driving instructor’s licenses and competence to grant driving instructor licenses

1. The driving instructor license shall be made using the form in Annex III herewith and issued by the competent authority. The driving instructor license may be re-granted in case of loss, damage or changes in related information.

2. Issuers of driving instructor license are as follows:

a) The Directorate for Roads of Vietnam has the competence of issue of driving instructor licenses to instructors of driver training institutions affiliated to the Central authority designated by the Ministry of Transport.

b) Every Department of Transport  has the competence of issue of driving instructor licenses to instructors of driver training institutions within their administration.

Article 9. Procedures for issue of driving instructor licenses

1. The application for driving instructor license includes:

a) An application form made using the form in the Annex IV enclosed herewith;

b) A  two-year associate degree or higher or certificate of preliminary vocational training skills (certified true copy of or copy enclosed with the original for collation);

c) Unexpired driving license(s) (certified trued copy or copy enclosed with original for collation);

d) A Pedagogy Certificate (certified trued copy or copy enclosed with original for collation)

dd) A health certificate issued by the competent health facility under regulations of laws;

e) 01 color ID-style photos (3x4), blue background, taken within the past 06 months

2. Procedures for issue of driving instructor licenses

a) The individual or driver training institution (hereinafter referred to as “applicant”) shall submit an application to the competent authority specified in Article 8 hereof directly or by post;

b) The Department of Transport or Directorate for Roads of Vietnam shall examine and appraise the application (if the applicant is an individual) or application and the list made using the form enclosed in the Annex V herewith (if the applicant is an institution). In case any individual is found not eligible for the driving instructor license, the Department of Transport or Directorate for Roads of Vietnam shall send the applicant a notice of which reason for rejection shall be specified.

c) Within 03 working days from the date on which the examination result is obtained, the Department of Transport or Directorate for Roads of Vietnam shall consider granting the applicant the driving instructor license made using the form in Annex VI enclosed herewith. In case any individual is found not eligible for the driving instructor license, the competent authority shall send such individual a written notice.

Article 10. Procedures for reissue of driving instructor licenses

1. The application for re-grant of driving instructor license includes all documents specified in points a, c, dd and e, clause 1 of Article 9.

2. Procedures for re-grant of driving instructor licenses

a) The applicant shall submit an application to the competent authorities specified in Article 8 here of directly or by post;

b) The Department of Transport or Directorate for Roads of Vietnam shall examine and appraise the application (if the applicant is an individual) or application and the list made using the form enclosed in the Annex V herewith (if the applicant is an institution). In case any individual is found not eligible for the driving instructor license, the Department of Transport or Directorate for Roads of Vietnam shall send the applicant a notice of which reason for rejection shall be specified.

c) Within 03 working days from the date of receipt, the Department of Transport or  Directorate for Roads of Vietnam shall consider re-granting the applicant the driving instructor license made using the form in Annex VI enclosed herewith.

Article 11. Certificate of eligibility for learner driver cars and competent to grant certificates of eligibility for learner driver cars

1. The Certificate of eligibility for learner driver car made using the form in  Annex VII enclosed herewith shall be issued by the competent authority. The certificate validity period is up to the permissible useful life of the driver learner car.

2. The competence of issue of Certificate of eligibility for learner driver car is as follows:

a) The Directorate for Roads of Vietnam has the competence of issue of the Certificate of eligibility to  driver learner cars of driver training institutions affiliated to the Central authority designated by the Ministry of Transport.

b) Every Department of Transport has the competence of issue of the Certificate of Eligibility to driver learner cars of driver training institutions within their administration.

Article 12. Procedure for grant of Certificates of Roadworthiness

1. The application for the Certificate of eligibility for learner driver car includes:

a) A list of driver learner cars (made using the form in Annex VIII enclosed herewith) expected to be granted the Certificate of eligibility for learner driver car;

b) A Certificate of vehicle registration  (a certified true copy or copy enclosed with the original for collation).

2. Procedures for issue of the Certificate of eligibility for learner driver car

a) The applicant shall submit the list of learner driver cars prescribed in point a, clause 1 of this Article and an application for the license to provide driver training to the competent authority specified in clause 2, Article 11 hereof directly or by post;

b) The competent authority shall consider granting the Certificate of eligibility for learner driver car and License to provide driver training at the one time;

c) Within 01 working day from the date of issue of the License to provide driver training, the competent authority shall grant the Certificate of eligibility for learner driver car. In case of rejection, the competent authority shall send the applicant a written notice  which specifies reasons for rejection.

d) Procedures for reissue or adjustment to the Certificate of eligibility for learner driver car  The applicant shall submit an application including all documents specified in clause 1 of this Article to the competent authority stipulated in clause 2 Article 11 hereof directly and by post.

 Within 03 working days from the date of receipt of the application, the competent authority shall examine and consider re-granting the Certificate of eligibility for learner driver car. In case of rejection, the competent authority shall send the applicant a written notice  which specifies reasons for rejection.

Article 13. Licenses to provide driver training and competence to issue licenses to provide driver training

1. Any driver training institution satisfying all requirements in Articles 5, 6 and 7 hereof shall be granted the license to provide driver training by the competent authority.

2. The License to provide driver training shall be made using the form in Annex IX enclosed herewith and shall be re-granted in case of loss, damage or changes.

3. The competence to issue license to provide driver training are as follows:

a) The Directorate for Roads of Vietnam has the competence to issue  and reissue the License to provide  driver training to driver training institutions affiliated to the Central authority designated by the Ministry of Transport.

b) Every Department of Transport has the competence to issue and reissue the License to provide driver training  to driver training institutions within their administration.

Article 14. Procedure for grant of Licenses to provide driver training

1. The application for the Licenses to provide driver training:

a) An application for License to provide driver training made using the form in Annex X enclosed herewith;

b) A Decision on Establishment of the vocational training institution (certified true copy or copy enclosed with the original) issued by the competent authority

c) A Certificate of Business registration (certified true copy or copy enclosed with the original for collation).

d) A driving instructor License (certified true copy or copy enclosed with the original for collation);

dd) A Certificate of vehicle registration  (certified true copy or copy enclosed with the original for collation).

2. Procedures for issue of License to provide driver training 

a) After the completion of facilities, equipment, vehicles and teaching tools under  the national technical standards, the applicant shall submit an application for License to provide driver training  to the competent authority prescribed in clause 3, Article 13 hereof directly or by post;

b) In case of the incomplete application, the competent authority shall notify the applicant in writing within 02 working days from the date of receipt;

c) Within 10 working days from the date of receipt of the complete application, the competent authority shall take charge of and cooperate with the vocational education and training authority to carry out an on-site inspection. The competent authority shall prepare an on-site inspection record and consider granting the License to provide driver training to the eligible applicant.  In case of rejection, the competent authority shall send the applicant a written notice  which specifies reasons for rejection.

Article 15. Procedure for reissue of Licenses to provide driver training

1. Reissue of  the License to provide driver training in case of changes in the driving license categories or MTC.

a) All documents required in points a, d and dd, clause 1, Article 14 hereof ( only changes against the last license is supplemented);

b) Procedures for reissue of License to provide driver training 

The applicant shall submit an application to the competent authority stipulated in clause 3 Article 13 hereof directly and by post.

c) Within 05 working days from the date of receipt of the complete application, the competent authority shall cooperate with the vocational education and training authority to carry out an on-site inspection and make out an on-site inspection record using the form in Annex XI hereof.

Within 03 working days from the termination of on-site inspection, the competent authority shall consider re-granting the License to provide driver training to the eligible applicant. In case of rejection, the competent authority shall send the applicant a written notice  which specifies reasons for rejection.

2. Re-grant of the license to provide driver training in case of loss, damage or changes in related information:

a) The applicant shall submit an application for re-issue of the License to provide driver training and specify reasons for loss or damage or changes  to the competent authority directly or by post;

b) Within 03 working days from the date of receipt of complete application, , the competent authority shall consider re-granting the License to provide driver training to the eligible applicant. In case of rejection, the competent authority shall send the applicant a written notice  which specifies reasons for rejection.

Article 16. Revocation of Licenses to provide driver training

1. The driver training institution shall have their License to provide driver training revoked if:

a) The driver training institution is found comitting illegal acts for being established or granted the License to provide driver training;

b) The driver training has not been provided  for 24 months from the date of issue of the License;

c) The driver training institution is suspended twice or more within 18 months;

d) The License to provide driver training is granted ultra-vire;

dd) Information stated on the existing License is illegally amended or erased ;

e) The License to provide driver training is used for lease

2. The competent authority granting the License to provide driver training shall carry out the revocation as follows:

a) The competent authority shall release a Decision on revocation of License to provide driver training, notify to relevant agencies and publish the decision on the website of the Department of Transport.

b) The driver training institution shall return the License to provide driver training to the issuer and cease the operation right after the Decision on Revocation takes effect.

Chapter III

REQUIREMENTS FOR PROVISION OF DRIVER TESTING SERVICES, ISSUE AND REVOCATION OF CERTIFICATE OF ELIGIBILITY FOR OPERATION TO DRIVING TEST CENTERS

Article 17. General requirements for driving test centers

1. Driving test centers shall be legally incorporated.

2. Grade -1 and grade- 2 driving test centers shall be constructed in conformity with the driving test center planning stipulated by the Ministry of Transport ; grade -3 driving test centers shall be constructed in conformity with the socio-economic development plan of the province.

Article 18. Technical facility requirements

1. General requirements:

a) Every grade-1, 2 and 3 driving test center shall cover an area of at least 35,000 m2, 20,000 m2 and 4,000 m2, respectively;

b) Every driving test center shall be equipped with adequate equipment and tools for environmental protection and fire safety;

c) The number of cars for driving testing class A1, B1, B2 and C  shall be at least 02 for each respective class, and at least 01 for other class and 01 for public road test.

Car used for driving tests shall be totally owned by the driving test centers and granted the certificate of technical safety and environmental protection. The auxiliary brakes of such cars are installed at appropriate position. Car used for driving tests for FC class licenses shall be hired under fixed-term contracts  at an appropriate quantity according to the driving test.

Cars used for public road test shall be roadworthy and conformable to the requirements prescribed in the Law on road traffic. The auxiliary brake which is firm, safe and effective shall be installed next to the examiner’s seat. Such cars may be hired under one-year contracts or longer provided that the number of hired cars for public road tests does not exceed 50% of the respective class cars owned by the driving test center. 02 templates called “SÁT HẠCH” shall be affixed to the car.

d) There shall be at least 02 severs and 10 clients for the driving theory test (for grade-3 driving test centers) and 20 clients for grade-1 and grade-2 driving test centers

dd) There shall be at least 02 computers installed with driving test software for maneuverability tests.

e)There shall be at least 02 computers installed with driving test software for public road tests. One of them shall perform as sever with a separate local loop and static IP address.

2. Technical requirements

Every driving test center shall conform to the national technical regulation on road motor vehicle driving test centers in respect of lanes, traffic lights, road signs, stop lines, boundary lines, devices used for driving theory test, maneuverability tests and public road tests; control houses and other auxiliary facilities.

Article 19. Certificate of eligibility for operation

1. The competent authority shall grant Certificates of eligibility for operation to driving test centers that satisfy all requirements stipulated in Article 18 hereof.

2. The Certificate of Eligibility for Operation shall be made using the form in Annex XII enclosed herewith and shall be re-issued in case of loss, damage or changes in related information or testing devices, quantity and type of cars used for driving tests. The term of replacement of the existing certificate shall be included in the new one.

3. The competence to issue Certificate of eligibility for operation is as follows:

a) The Directorate for Roads of Vietnam shall have the competence in issue or re-issue of the Certificate of eligibility for operation to grade-1 and grade-2 driving test centers;

b) Every Department of Transport has the competence in issue or re-issue of the Certificate of eligibility for operation to grade-3 driving test centers within the province.

Article 20. Application for approval for maneuverability courses of grade-1 and grade-2 driving test centers

1. The application for approval for maneuverability course includes:

a) An Investment registration Certificate ( certified true copy or copy enclosed with the original for collation);

b) A layout drawing;

c)A construction permit ( certified trued copy or copy enclosed with original for collation);

d) Design documentation, list of cars used for driving test and automatic scorers.

2. Procedures for approval for maneuverability courses

a) The applicant shall submit 02 applications including all above-mentioned documents and applicationon forms to the Directorate for Roads of Vietnam directly or by post;

b) Within 05 working days from the date of receipt of the complete application, the Directorate for Roads of Vietnam shall send the applicant and the Department of Transport  a decision on approval in writing. In case of rejection, the Directorate for Roads of Vietnam shall send the applicant a written notice which specifies reason for rejection. If no response is made after the set forth deadline, the maneuverability course is deemed to be approved.

Article 21. Procedures for issue of certificates of eligibility for operation to grade-1 and grade-2 driving test centers

1. After completion of the driving test center, the applicant shall submit an application to the Directorate for Roads of Vietnam.

2. Within 10 working days from the date of receipt, the Directorate for Roads of Vietnam shall cooperate with the Department of Transport to examine and consider granting the certificate. In case of rejection, the competent authority shall send the applicant a written notice  which specifies reasons for rejection.

Article 22. Procedures for issue of Certificate of Eligibility for Operation to grade-3 driving test centers

1. The application for Certificate of Eligibility for Operation includes:

a)A  construction permit (certified trued copy or copy enclosed with original);

b) A layout drawing and design documentation of models for maneuverability tests , and list of cars used for driving test.

2. Procedures for issue of certificate of eligibility for operation

a) After completion the construction of the driving test center, the applicant shall submit an application for Certificate of Eligibility for Operation to the Department of Transport directly or by post.

b)  Within 05 working days from the date of receipt of the application, the Department of Transport shall examine and consider re-granting the Certificate. In case of rejection, the competent authority shall send the applicant a written notice  which specifies reasons for rejection.

Article 23. Procedures for re-issue of Certificate of Eligibility for Operation to driving test centers

1. Reissued of the  Certificate of Eligibility for Operation in case of alteration to driving testing devices, quantity and types of cars for driving test:

a) The applicant shall submit an application for re-issue of Certificate of Eligibility for Operation to the competent authority prescribed in clause 3, Article 19 hereof directly or by post;

b) Within 10 working days from the date of receipt, the Directorate for Roads of Vietnam shall cooperate with the Department of Transport to examine the application and consider re-grating the Certificate of Eligibility for Operation to the grade-1 and grade-2 driving test centers. The Department of Transport shall examine the application and consider re-granting the Certificate of Eligibility for operation to grade-3 driving test centers. In case of rejection, the competent authority shall send the applicant a written notice  which specifies reasons for rejection.

2. Re-issue of Certificate of Eligibility for Operation in case of loss, damage or changes in related information:

a) The applicant shall submit an application for re-issue of Certificate of Eligibility for Operation to the competent authority prescribed in clause 3, Article 19 hereof directly or by post;

b) Within 03 working days, the competent authority shall consider re-granting the Certificate of Eligibility for Operation to the applicant. In case of rejection, the competent authority shall send the applicant a written notice  which specifies reasons for rejection.

Article 24. Revocation of Certificate of Eligibility for Operation

1. A driving test center shall have their Certificate of Eligibility for Operation revoked if:

a) The Certificate if illegally obtained.

b) No driving test has taken place within 24 months from the date of issue of the Certificate

c) The Certificate is suspended twice or more within 18 months.

d) The Certificate is granted ultra-vire;

dd) Information stated on the granted Certificate is illegally amended or erased ;

e) The Certificate is used for lease.

2. The Certificate of Eligibility for Operation issuer shall carry out the revocation of such Certificate as follows:

a) The competent authority shall release a Decision on revocation of Certificate of Eligibility for Operation, notify to relevant agencies and publish the decision on their website

b) The driver training institution shall return the Certificate of Eligibility for Operation to the issuer and cease the operation right after the Decision on Revocation takes effect.

Chapter IV

IMPLEMENTATION

Article 25. Transitional provisions

1. Any instructor who is granted the Certificate by the effective date of this Decree  but fails to meet all requirements prescribed in this Decree shall fulfill all such requirements by July 01, 2019.

2. Any license to provide driver training, or Certificate of Eligibility for Operation granted by the effective date of this Decree shall still remain valid until their expiry date.

3. Any driver training institution or driving test center that is granted the Certificate of Eligibility for Operation  but fails to meet requirements prescribed hereof shall return such certificate to their supervisory authority within 06 month from the effective date of this Decree.

Article 26. Responsibilities of implementation organizations

1. The Ministry of Transport shall:

a)  Pass technical standards on classrooms, learner driver cars, and curriculum and training programs;

b) Conduct inspection and deal with violations against this Decree.

2. The Directorate for Roads of Vietnam shall:

a) Conduct inspections of the compliance with requirements hereof and direct driving test centers to run driving tests for trainees of driver training institutions within their administration;

b) Periodically inspect the conformity with national technical regulation on road motor vehicle test centers by driving test centers.

c) Publish and update the lists of driver training institutions and driving test centers whose licenses are granted or revoked on the website of the Directorate for Roads of Vietnam.

3. Every People’s Committee of provinces shall:

a) Cooperate with the Ministry of Transport to inspect and supervise the planning for driving test centers and driver training institutions;

b) Direct functional agencies to conduct inspection and supervision the compliance with this Decree.

4. Every Department of Transport shall:

a) Conduct inspections of the compliance with requirements hereof and direct driving test centers to run driving tests for trainees of driver training institutions within their administration; In the absence of eligible driving test centers, driving tests may take place in other provinces.

b) Publish and update the lists of driver training institutions and driving test centers whose licenses are granted or revoked on the website of the Department of Transport within their administration.

5. Every driver training institution shall:

a) Providing driver training courses for refreshers or  for driving license upgrading in conformity with MTC, duration, location and class of the driving license stated in the license to provide driver training.

b) Restore and modernize facilities and teaching tools; and ensure that instructors and trainers satisfy prescribed requirements.

6. Every driving test center shall ensure that their facilities or devices for testing and scoring are conformable to regulations of laws to facilitate the accuracy and objectivity of driving tests.

Article 27. Entry into force and implementation

1. This Decree enters into force from July 01, 2016.

2. Ministers, Heads of ministerial-level agencies, heads of Governmental agencies, presidents of People’s Committees of Provinces and relevant entities shall be responsible for the implementation of this Decree ./.

 



PP. THE GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc

 

ANNEX I

NAME TEMPLATE FOR DRIVER TRAINING INSTUTION AND SUPERVISORY AUTHORITY
(Issued together with the Decree No.
65/2016/ND-CP dated July 01, 2016)

1. Position:

- On both doors of cars  for class B1 and B2 licenses;

- On both sides of cars for class C, D, E licenses;

- On both doors of tractors for class F license;

2. Font of letters : Times New Roman, uppercase.

a) Regarding learner driver cars for  class B1, B2 and F licenses:

- Name of supervisory authority : size 2.5 cm;

- Name of driver training institution: 3 cm

- Telephone numbers: 4cm

b) Regarding learner driver cars for class C, D, E

- Name of supervisory authority :  3.5 cm;

- Name of driver training institution: 4 cm

- Telephone numbers: 5cm

 

ANNEX II

L-PLATE
(Issued together with the Decree No.65/2016/ND-CP dated July 01, 2016)

1.  Front plate: blue background, white letters, affixed to the left bumper
Front plate size:

- 10 cm x 25 cm for cars for class B1, B2, C, D, E and F licenses.

2. Rear plate: blue background, white letters, affixed to the trunk but do not cover the license plate.
Rear plate size:

- 10 cm x 25 cm for cars for class B1and B2 licenses;

- 35 cm x 35 cm for cars for class C, D, E and F licenses.

 

ANNEX III

DRIVING INSTRUCTOR LICENSE
(Issued together with the Decree No.65/2016/ND-CP dated July 01, 2016)

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

 

Photo (3x4)
(not longer than 06 months), fan affixed

Pursuant to the Decision No.............dated.................by [the Head of the certificate issuer]

[HEAD OF THE ISSUER]

Hereby certifies that:

Mr (s): ……………………………………………………………………………………………….

Date of Birth: ………………………………………………………………………………..

ID No: ……………………………………………………………………..

Has fulfilled the training course in driving instructor,  class................

From.........................to............................

 

File: ……………………….

…………….....................[Location and date]
HEAD OF ISSUER
(sign and seal)

Specifications:

- Certificate size: 150 mm x 200 mm;

- “Hereby certifies that”: Times New Roman, bold, upper case, size 21.

 

ANNEX IV

(Issued together with the Decree No.65/2016/ND-CP dated July 01, 2016)

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

 

APPLICATION FORM FOR INSTRUCTOR TRAINING AND DRIVING INSTRUCTOR LICENSE

To: [Competent authority]

Full name:……………………………………………Nationality:…………………………………

Date of Birth……………………...............................Gender…………………….....................

Permanent residential address: ………………………………………………………………

……………………………………………………………………………………………………..

Current residential address: …………………………………………………………………………………………

ID No:......................................................issued on..............................................................

Issuer: ……………………………………………………………………………………………..

Driving license No:.......................Class.........................issued on....................by........................[issuer]

I hereby apply for  the driving instructor training course, class....................

Enclosed documents:

- 01 certified true copy of two-year associate degree or higher, or certificate of preliminary vocational training;

- 01certified trued copy of the driving license (unexpired);

- 01 certified true copy of the Pedagogy Certificate;

- 01 Health Certificate;

- 02 color photos (3x4) within 06 months

I hereby declare that the above statement is true and correct to the best of my knowledge and belief. In case any of the above information is found to be false or untrue, I aware that I may be held liable for it.

 

 

…………....................[Location and date]
APPLICANT
(Signature and full name)

 

ANNEX V

(Issued together with the Decree No.65/2016/ND-CP dated July 01, 2016)

[GOVERNING BODY
DRIVER TRAINING INSTITUTION]
--------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

 

To: [Name of Competent authority]

We hereby apply for the approval for the following [ number] instructors to  attend the training course for driving instructors:

LIST OF INSTRUCTORS EXPECTED TO ATTEND THE TRAINING COURSE

No.

Full name

Date of birth

ID No:

Types of employment

Qualifications

Driving license

Remarks

Payroll

Fixed-termed employment contract

General education

Profession

Pedagogy

Class

Date of issue

Duration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



…….....................[Location and date]
DIRECTOR
(Sign and seal)

 


ANNEX VI

(Issued together with the Decree No.65/2016/ND-CP dated July 01, 2016)

[NAME OF COMPETENT AUTHORITY]
--------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

 

LIST OF DRIVING INSTRUCTORS QUALIFIED FOR DRIVING INSTRUCTOR LICENSE

No.

Full name

Date of Birth

ID No

Organization  of work

Types of employment

Qualifications

Driving license

Remarks

 

Payroll

Fixed-termed employment contract

General education

Profession

Pedagogy

Class

Date of issue

Duration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



…….....................[Location and date]
HEAD OF COMPETENT AUTHORITY
(
Sign and seal)

 


ANNEX VII

(Issued together with the Decree No.65/2016/ND-CP dated July 01, 2016)

Certificate size: 120 mm x 180 mm.

1. Front page:

[NAME OF COMPETENT AUTHORITY]
--------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

 

CERTIFICATE OF ELIGIBILITY FOR LEARNER DRIVER CAR

No:……….……
Awarded to:

Vehicle identification number (VIN):……………………………….. Type of vehicle:………………………………..  

Brand:………………………………………Color:………………………………………

 Name of river training institution ……………………………………………………………………………………………..

Is certified roadworthy to be operated on .....................[route, name of streets]

 

Validity period:

From…………….to................

 

(This Certificate will take effect only if the Certificate of  Technical Safety and Environmental Protection is still valid)

Hanoi,...................[date]
HEAD OF COMPETENT AUTHORITY
(Sign and seal)

 

2. Back page: Print the word “TẬP LÁI”, font Times New Roman , upper case, bold, size 90.

 


ANNEX VIII

(Issues together with the Decree No.65/2016/ND-CP dated July 01, 2016)

[GOVERNING BODY
DRIVER TRAINING INSTITUTION]
--------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

 

To: [Name of Competent authority]

………………………[Name of driver training institution] hereby requests the competent authority to consider granting the Certificate of eligibility for learner driver car to the following vehicles:

LIST OF VEHICLES APPLIED FOR CERTIFICATE OF ELIGIBILITY FOR LEARNER DRIVER CAR

No.

 

Owned by the driver training institution

Hired under contracts

Brand

Type of vehicles

Engine number

 Chassis number

Certificate of Technical Safety and Environmental protection

Remarks

Date of issue

Expiry date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



…….....................[Location and date]
DIRECTOR
(Sign and seal)

 


ANNEX IX

(Issued together with the Decree No.65/2016/ND-CP dated July 01, 2016)

[NAME OF COMPETENT AUTHORITY]
--------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No:………./……

 

 

LICENSE TO PROVIDE DRIVER TRAINING

 

 

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

Pursuant to the Government’s Decree No. ….. …..dated ……………on requirements for  provision of car driver training and testing services;

At request of the Inspectorate established under the Decision No……………on [title of the Decision]…………….dated ………………by the competent authority;

At request of………………………………………………………………………………….,

 

[NAME OF COMPETENT AUTHORITY]
Hereby award the License to Provide Driver Training
to:

1. Name of driver training institution: …………………………………………………………..

2. Address: ………………………………………………………………………………………………

Tel:…………………………………………………. - Fax: …………………………………

3. Supervisory authority: ……………………………………………………………………….

4. Eligibility to provide driver training

- Class: …………………………………………………………………………………………………

-Maximum training capacity: …………………………………………………………………………………………..

5. Training locations: …………………………………………………………………………………

The driver training institution shall represent this License to the competent authority if it is requested.

 

 

HEAD OF COMPETENT AUTHORITY
(Sign and seal)

 

 

ANNEX X

(Issued together with the Decree No.65/2016/ND-CP  July 01, 2016)

[GOVERNING BODY
OF THE DRIVER TRAINING INSTITUTION]
--------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

 

REPORT ON APPLICATION FOR LICENSE TO PROVIDE DRIVER TRAINING

I. INTRODUCTION

1. Name of driver training institution:

Name of principal, deputy principals (Director, deputy directors), departments of driver training institution: ………………………

Address: …………………………………………………………………………………………

……………………………………………………………………………………………………

Tel:……………………………….. Fax:……………………………………………………….

2. Supervisory authority:…………………………………………………………………

3. Establishment Decision No………..dated…………………by……………………………………….[name of issuer]

4. Brief description: (driver training institution, classes, quantity of trainee/year)

II. DRIVER TRAINING REPORT

1. Date of provision of driver training……………………..types of vehicles (cars, trucks [their payload]……………..semi-trailer truck [their payload]………) under the Document No……………..dated by……………………..

Total number of trainee from the date of establishment up to now……………..class of license…………….

2. Current classes of training…………..duration……………….[months] (specifies number of students by license category)

(in case the training has been yet provided, item 1 and 2 of this Part shall be leave blank)

3. The number of existing classrooms, specialty rooms by area (m2).

Assessment of quality and teaching tools in specialty classrooms such as cabins, mock-ups, projectors….

4. Training programs and objectives: curricula , syllabi, testing devices (enclosed with statistics and samples).

5. Instructors

- Theory instructors: ………………………………………………………..

Driving instructors: ……………………………………………..

LIST OF DRIVING INSTRUCTORS (OR  DRIVING SKILL THEORY INSTRUCTORS)

No.

Full name

Date of Birth

ID No

Types of employment

Qualifications

Driving license class

Date of issue

Seniority

Subjects

Remarks

Payroll

Fixed-termed employment contract

General education

Profession

Pedagogy

1

2

3

4

5

 

 

 

 

 

 

 

 

 

1

 

 

 

 

 

 

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

 

 

 

 

 

 

...

 

 

 

 

 

 

 

 

 

 

 

 

 

6. Number of learner driver vehicles:

- Types of vehicles: (popular/classic vehicles)

- Technical conditions of vehicles (after depreciation)

- In-car teaching tools:

- The number of vehicles granted Certificate of Inspection and Certificate of eligibility for learner driver car.

LIST OF LEARNER DRIVER VEHICLES

 

No.

VIN

Brand

Vehicle class

Model year

Owned/hired under contracts

Auxiliary brakes (yes/no)

Certificate of eligibility for learner driver car
(yes/no)

1

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

....

 

 

 

 

 

 

 

Notes: The list shall be made in the priority of vehicle class (B, C, D, E, F ) enclosed with a certified true copy or notarized copy of the Vehicle registration.

7. Practice ground area:………….. m2.

- Traffic obstacles have been posed for maneuverability tests.

- The driver training ground has been completed.

8. Overall assessment and proposals:

 

 

DIRECTOR (PRINCIPAL)
(Sign and seal)

 

ANNEX XI

(Issued together with the Decree No.65/2016/ND-CP dated July 01, 2016)

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

 

INSPECTION RECORD

The Inspectorate established to conduct the Inspection for consideration of issue of the License to provide driver training under the Decision No……..………..dated……………..by………………..has inspected the compliance with technical standards and profession of the…………………..[name of driver training institution] on…………………[date].

Participants:

1. Mr.(s)………………………..Head of the competent authority – Chief Inspector. 

2. Mr.(s)………………………..Manager (Deputy manager) of Department of………………. .

3. Mr.(s)………………………..Representative of vocational education and training authority.  

4. Mr.(s)………………………member of department……………….-Secretary.  

Representatives of the driver training institution:

1. Mr.(s): ……………………………………………………………………………………………

2. Mr.(s): ……………………………………………………………………………………………

3. Mr.(s): ……………………………………………………………………………………………

Conclusions:

1. Classrooms for Law on Road traffic:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

2. Classrooms for vehicle structure and simple repairs:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

3. Freight classrooms:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

4. Driving technique classrooms

………………………………………………………………………………………………………

………………………………………………………………………………………………………

5. Classrooms for vehicle maintenance and repair practice:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

6. Other classrooms:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

7. Number of qualified instructors, including :

- Number of theory instructors…………… enclosed with their profile;

- Number of driving instructors…………… enclosed with their profile;

8. Number of satisfactory learner driver cars (enclosed with list of learner driver cars, certificate of technical safety and environmental protection, Certificate of eligibility for learner driver car), including:

- Class B……………….vehicles;

- Class C……………….vehicles;

- Class D……………….vehicles;

- Class E……………….vehicles;

- Class F……………….vehicles;

9. Number  of driver  training ground……………..with the area of ……….m2, alphasted (concreted,……) certified as eligible or not eligible for driving practice.

10. Name of streets for driving practice………………………… (eligible or not eligible for driving practice according to the training program and curricula).

According to the inspection conclusion, we hereby  request the Head of the competent authority to issue the license to provide  driver training to the ………………..[name of institution] with the maximum training capacity of …………………..trainees (including ………………..class B, …………….class C C,………………….class E................., class F).

Name of driver training institution: ……………………………………………………………………………………..

Address …………………………………………….. ……………………………………………………………………………………………………

Tel:  Fax: …………………………………………..

Supervisory authority: …………………………………………………………………………….

Full name of principal, deputy principals (director or deputy  directors): ……………………

 

CHIEF INSPECTOR
(Sign, signature and full name)

 

SECRETARY
(Sign, signature and full name)

 

REPRESENTIVE OF VOCATIONAL EDUCATION AND TRAINING AUTHORITY
(Sign, signature and full name)

REPRESENTATIVE OF DRIVING TRAINING INSTITUTION
(Sign, signature and full name)

 

ANNEX XII

(Issued together with the Decree No.65/2016/ND-CP dated July 01, 2016)

[NAME OF COMPETENT AUTHORITY]
--------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No:…………./

……………....................[Location and date]

 

CERTIFICATE OF ELIGIBILITY FOR OPERATION

 

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

Pursuant to the Government's Decree No..........................on requirements for provisions of car driver training and testing services;

Pursuant to the national technical regulations on road motor vehicle test centers (QCVN..................) issued together with the Circular No.....................dated.................by the Minister of Transport;

Pursuant to the inspection record  made as of ....................by the Inspectorate

In consideration of driving test center in the request No...................dated.................on inspection and recognition of driving test center;

At request of the .......................................

HEAD OF COMPETENT AUTHORITY

Hereby certifies that: [NAME OF DRIVING TEST CENTER].............................

1. Address ……………………………………………..

- Tel:                                                  - Fax:

2. Supervisory authority:

3. Is eligible for providing driving tests class....................and is entitle to use ...................[types of vehicles] for driving tests (enclosed with the list of vehicles for driving test).

The driving test center must present this Certificate to the testing administration authorities and undergo the inspection of competent authorities.

This Certificate replaces the existing Certificate No.................issued by...................[name of issuer) ( in case of re-grant)./.

 

 

HEAD OF COMPETENT AUTHORITY
(Sign and seal)

 

 

LIST OF VEHICLES PERMITTED TO BE USED FOR DRIVING TEST

( together with the Certificate of Eligibility for Operation No...................issued on...................)

No.

Brand

Code of vehicles for driving test

VIN

Class

Name of skill test

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Loại văn bảnNghị định
Số hiệu65/2016/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành01/07/2016
Ngày hiệu lực01/07/2016
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              Decree No. 65/2016/ND-CP regulations requirements provision car driver training testing services
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              Số công báo
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