Chương IV: Người điều khiển phương tiện tham gia giao thông đường bộ

Chapter IV

VEHICLE OPERATORS IN ROAD TRAFFIC

Article 56. Requirements of vehicle operators for road traffic participation

1. Vehicle operators must meet age and health requirements as per the law; possess valid driver license with at least 1 point remaining appropriate to the types of vehicle issued by competent authority, except for moped operators under Clause 4 of this Article. Vehicle operators, upon participating in road traffic, must carry:

a) Certificate of vehicle registration or certified true copies of certificate of vehicle registration and valid original copies of verifying documents of credit institutions, foreign bank branches in case the vehicles are being held as collateral at credit institutions, foreign bank branches;

b) Driver license appropriate to the type of vehicles being operated;

c) Certificate of technical safety and environmental protection inspection for motorized vehicles as per the law;

d) Certificate of compulsory civil liability insurance of motorized vehicle owners.

2. Operators of heavy-duty vehicles must meet age and health requirements as per the law; possess certificate of heavy-duty vehicle operation training appropriate to the type of heavy-duty vehicles being operated; valid driver license with at least 1 point remaining or certificate of road traffic law training. When participating in traffic, operators of heavy-duty vehicles must also carry:

a) Certificate of vehicle registration or certified true copies of certificate of vehicle registration and valid original copies of receipts of credit institutions, foreign bank branches in case the vehicles are being held as collateral at credit institutions, foreign bank branches;

b) Degree or certificate of heavy-duty vehicle operation training;

c) Driver license or certificate of road traffic law training;

d) Certificate of technical safety and environmental protection inspection for heavy-duty vehicles as per the law;

dd) Certificate of compulsory civil liability insurance as per the law.

3. Where documents under Clause 1 and Clause 2 of this Article have been integrated in electronic identification account, the presentation and inspection thereof can be done via electronic identification account.

4. Moped operators must know road traffic rules, be capable of operating the vehicles, and meet age, health requirements under Point a Clause 1 and Clause 2 Article 59 hereof.

5. Motor vehicle trainees and examinees must use vehicles for training, examination on training, examination routes and be assisted by trainers or examiners. Motor vehicle trainers and examiners must carry documents under Clause 1 of this Article.

Article 57. Driver license

1. Driver license is divided into the following categories:

a) Category A1 license is issued to operators of two-wheeled motorbikes of an engine size of up to 125 cm³ or electric motor power output of up to 11 kW;

b) Category A license is issued to operators of two-wheeled motorbikes of an engine size of more than 125 cm³ or electronic motor power of more than 11 kW and vehicles in category A1;

c) Category B1 license is issued to operators of three-wheeled motorbikes and vehicles in category A1;

d) Category B license is issued to operators of passenger motor vehicles of a seating capacity of up to 8 people (excluding the driver’s seat); trucks and specialized vehicles with maximum authorized mass of 3.500 kg; motor vehicles in category B towing trailers of up to 750 kg in maximum authorized mass;

dd) Category C1 license is issued to operators of trucks and specialized vehicles with maximum authorized mass of exceeding 3.500 kg to 7.500 kg; trucks in category C1 towing trailers of up to 750 kg in maximum authorized mass; vehicles in category B;

e) Category C license is issued to operators of trucks and specialized vehicles with maximum authorized mass of exceeding 7.500 kg; trucks in category C towing trailers of up to 750 kg in maximum authorized mass; vehicles in category B and category C1;

g) Category D1 license is issued to operators of passenger motor vehicles of a seating capacity of exceeding 8 people (excluding the driver’s seat) to 16 people (excluding the driver’s seat); passenger motor vehicles in category D1 towing trailers of up to 750 kg in maximum authorized mass; vehicles in category B, category C1, and category C;

h) Category D2 license is issued to operators of passenger vehicles (including buses) of a seating capacity of exceeding 16 people (excluding the driver’s seat) to 29 seats (excluding the driver’s seat); passenger motor vehicles in category D2 towing trailers of up to 750 kg in maximum authorized mass; vehicles in category B, category C1, category C, and category D1;

i) Category D license is issued to operators of passenger motor vehicles (including buses) of a seating capacity of exceeding 29 people (excluding the driver’s seat); passenger sleeper motor vehicles; passenger motor vehicles in category D towing trailers of up to 750 kg in maximum authorized mass; vehicles in category G, category C1, category C, category D1, and category D2;

k) Category BE license is issued to operators of motor vehicles in category B towing trailers with exceeding 750 kg in maximum authorized mass;

l) Category C1E license is issued to operators of motor vehicles in category C1 towing trailers with exceeding 750 kg in maximum authorized mass;

m) Category CE license is issued to operators of motor vehicles in category C towing trailers with exceeding 750 kg in maximum authorized mass; hauling units towing semi-trailers;

n) Category D1E license is issued to operators of motor vehicles in category D1 towing trailers with exceeding 750 kg in maximum authorized mass;

o) Category D2E license is issued to operators of motor vehicles in category D2 towing trailers with exceeding 750 kg in maximum authorized mass;

p) Category De license is issued to operators of motor vehicles in category D towing trailers with exceeding 750 kg in maximum authorized mass; articulated passenger motor vehicles.

2. Category A1 license will be issued to persons with disabilities operating three-wheeled motorbikes intended for use by people with disabilities.

Category B license will be issued to persons with disabilities operating motor vehicles with automatic transmissions appropriate to their disabilities.

3. Operators of four-wheeled goods transport motorized vehicles, four-wheeled passenger transport motorized vehicles must carry driver license of a category appropriate to trucks or passenger motor vehicles respectively.

4. Operators of motor vehicles that have been designed, modified to have less seating capacity than that of vehicles of the same type and dimensional limits must carry driver license of a category appropriate to the motor vehicles of the same type, dimensional limits, and the highest seating capacity.

5. Effective period of driver license:

a) Category A1, category A, and category B1 license do not expire;

b) Category B and category C1 license expire after 10 years from the date of issue;

c) Category C, category D1, category D2, category D, category BE, category C1E, category CE, category D1E, category D2E, and category DE license expire after 5 year from the date of issue.

6. Driver license valid for use within Vietnamese territory include:

a) Driver license issued by Vietnamese competent authority;

b) International driver license and national driver license appropriate to the type of vehicles in question issued by a member state of the United Nations Convention on Road Traffic of 1968 (hereinafter referred to as “Vienna Convention”);

c) Driver license appropriate to the type of vehicles in question issued from countries or territories with which Vietnam enters into international treaties or international agreement on mutual recognition of driver license;

d) Foreign driver license appropriate to the type of vehicles in question issued by countries recognized by international treaties to which the Socialist Republic of Vietnam is a signatory.

7. Driver license is void when:

a) The driver license expires;

b) The driver license is revoked under Clause 5 Article 62 hereof.

8. International driver license is prescribed as follows:

a) International driver license is a driver license issued by competent authority of a member state of the Vienna Convention using a unified format; is effective for up to 3 years from the date of issue and must match effective period of national driver license;

b) Holders of international driver license issued by member states of the Vienna Convention must carry respective valid international driver license and national driver license appropriate to the type of vehicles when engaging in road traffic in Vietnamese territory; adhere to Vietnam’s road traffic order and safety laws;

c) Where holders of international driver license have their driver license temporarily suspended as a result of violation of Vietnam’s road traffic order and safety laws, the duration of the temporary suspension must not be longer than the permissible duration of stay in Vietnam of the holders;

d) Vietnamese nationals or foreigners possessing permanent residence card or temporary residence card in Vietnam and holding unexpired driver license issued by competent authority of Vietnam or member state of international treaties to which the Socialist Republic of Vietnam is a signatory may apply for international driver license.

9. The Minister of Transport stipulates driver license form and international driver license form, procedures for issuing, and use of driver license, international driver license; the Minister of National Defense and Minister of Public Security shall stipulate driver license form, procedures for issuing, and use of driver license of military forces and police forces in the performance of national defense and security duties.

Article 58. Points of driver license

1. Points of driver license are used to govern compliance with road traffic order and safety assurance of vehicle operators on database on road traffic order and safety and consist of 12 points. The number of points removed per offence varies depending on the nature and severity of the violation of road traffic order and safety laws. Data pertaining to penalty points of driver license of offenders is immediately updated on database system after decision on violation penalty enters into force and holders of driver license on which penalty points are imposed are notified.

2. A driver license with at least 1 point remaining will have its points reset back to 12 points if no point are removed for 12 months.

3. Where all points of a driver license have been completely removed, holder of the driver license is not allowed to operate vehicles under said driver license. At least 6 months from the date on which all driver license points have been removed, the license holders may apply for examination on road traffic order and safety laws according to Clause 7 Article 61 hereof organized by traffic police forces and receive 12 points where they attain satisfactory results.

4. A renewed, re-issued, and upgraded driver license will retain driver license points prior to the renewal, re-issuance, and upgrade.

5. Competent individuals entitled to impose administrative penalties can remove driver license points.

6. The Government shall elaborate Clause 1 of this Article; procedures and entitlement to removing and resetting driver license points; roadmap for implementation of this Article. The Minister of Public Security shall elaborate Clause 3 of this Article.

Article 59. Age and health requirements of vehicle operators participating in road traffic

1. Age requirements of drivers, operators of heavy-duty vehicles are as follows:

a) People of at least 16 years of age may operate mopeds;

b) People of at least 18 years of age may apply for A1, A, B1, B, C1 driver license and certificate of road traffic law trainings in order to operate heavy-duty vehicles in road traffic;

c) People of at least 21 years of age may apply for C and BE driver license;

d) People of at least 24 years of age may apply for D1, D2, C1E, and CE driver license;

dd) People of at least 27 years of age may apply for D, D1E, D2E, and DE driver license;

e) Operators of passenger motor vehicles (including buses) with a seating capacity of more than 29 people (excluding the driver’s seat), passenger sleeper motor vehicles must not be older than 57 in case of male operators and 55 in case of female operators.

2. Vehicle operators must meet health requirements applicable to the type of vehicles they are allowed to operate. The Minister of Health shall prescribe health standards, and medical examination for drivers, operators of heavy-duty vehicles; periodic medical examination for people working as motor vehicle operators; develop database on health of drivers, operators of heavy-duty vehicles.

3. The Minister of National Defense and Minister of Public Security shall prescribe age requirements for drivers in military forces and police forces performing national defense and security tasks.

Article 60. Driver training

1. Individuals applying for driver license must undergo written and practical training according to training programs applicable to driver license grade.

2. Driver trainees must receive training and driver training facilities or other training methods in order to be issued with new driver license or have their existing driver license upgraded.

3. Training for driver license upgrade applies to:

a) Upgrading category B to category C1 or category C or category D1 or category D2;

b) Upgrading category C1 to category C or category D1 or category D2;

c) Upgrading category C to category D1 or category D2 or category D;

d) Upgrading category D1 to category D2 or category D;

dd) Upgrading category D2 to category D;

e) Upgrading category B to category BE, category C1 to category C1E, category C to category CE, category D1 to category D1E, category D2 to category D2E, category D to category DE.

4. In order to apply for driver license upgrade, eligible individuals must possess valid driver license and adequate driving experience appropriate to each driver license category; in respect of application for driver license upgrade to category D1 or category D2 or category D, applicants must have lower-secondary education qualification or higher.

5. Category C, category D1, category D2, category D, category BE, category C1E, category CE, category D1E, category D2E, category DE driver license can only be obtained via driver license upgrade detailed under Clause 3 and Clause 4 of this Article.

6. Driver training facilities must meet requirements set by the Government; prepare textbooks and lesson plans; adhere to format, contents, and program required for each driver license grade.

7. The Government shall elaborate driver training methods other than those mentioned under Clause 2 of this Article; procedures for examining and evaluating to issue, re-issue, and revoke training vehicle license; standards of driving instructors; issuance, re-issuance, and revocation of certificate of driving instructor; issuance, re-issuance, and revocation of driver training license.

8. The Minister of Transport shall prescribe format, contents, and programs for driver training, safe driving period for each driver license category under Clause 4 of this Article and standards of motorbike driver training facilities; the Minister of National Defense and Minister of Public Security shall prescribe driver training facilities and driver training operation for military forces and police forces performing national defense and security tasks.

Article 61. Driver examination

1. Individuals completing drier training programs and meeting age and health requirements under Article 59 hereof may apply for driver examination.

2. Contents of driver examination must be appropriate to driver license grade and driver training program.

3. Motor vehicle driver examination must be carried out at driver training facilities; motorbike driver training examination must be carried out at driver training facilities or driving courses that meet technical, amenity requirements and standards. Driver examination is organized by competent authority.

4. Driver examination facilities are providers of driver examination service; must meet requirements set by the Government and technical requirements under national technical regulations on driver training facilities for motorized road vehicles; use information technology equipment, share examination results and monitoring data to driver training, driving tests, and driver licensing authority, road traffic order and safety authority.

5. Driver examination is carried out by examiners. Examiners must meet adequate eligibility, requirements, possess examiner card, and be responsible for their examination results.

6. The Government shall prescribe requirements, procedures for examination and evaluation for issuance, re-issuance, and revocation of driver examination license for driver training facilities; driving course requirements for motorbike driving examination.

7. The Minister of Transport shall promulgate format, contents, and procedures for examination for driver license; requirements and standards of examiners, training and issuance of examiner card; technical regulations of driving course for motorbike driving examination, national technical regulations on driving examination facilities for motorized road vehicles; the Minister of National Defense and Minister of Public Security shall prescribe driver examination for military forces and police forces in the performance of national defense and security tasks.

Article 62. Issuance, renewal, re-issuance, and revocation of driver license

1. Driver license is issued to driver examinees who attain desired results.

2. License holders are eligible for renewal or re-issuance when:

a) The previous license is lost;

b) The previous license is damaged beyond serviceable;

c) The previous license has not expired;

d) Information in the previous license is changed;

dd) Foreign driver license issued by foreign competent authority has not expired;

e) Driver license is issued by Ministry of National Defense or Ministry of Public Security at request or license holders no longer perform national defense and security tasks.

3. It is recommended that permanent driver license issued before July 1 of 2012 to be renewed in accordance with this Law.

4. Issuance, renewal, re-issuance of driver license of individuals violating regulations of the law pertaining to road traffic order and safety will be postponed where such individuals have not fulfilled request of competent authority regarding settlement of administrative cases in road traffic order and safety.

5. Driver license is revoked where:

a) License holders no longer meet health requirements applicable to each driver license category under conclusion of medical examination and treatment establishments;

b) The driver license was issued in an illegitimate manner;

c) The driver license is not collected by individuals committing administrative violations without a justifiable reason after impound period expires or prescriptive period of administrative violations expires as per administrative penalty laws.

6. The Minister of Transport shall prescribe requirements, procedures for issuance, renewal, re-issuance, and revocation of driver license other than cases under Clause 7 of this Article.

7. The Minister of National Defense and Minister of Public Security shall prescribe issuance, renewal, re-issuance, and revocation of driver license for military forces and police forces performing national defense and security tasks. The Minister of Labor - War Invalids and Social Affairs shall prescribe requirements and procedures for issuance, renewal, re-issuance, and revocation of operating certificate for heavy-duty vehicles for tractor operators with driver license under Points d, e, g, h, i, k, l, m, and n Clause 3 Article 89 hereof.

Article 63. Training and examination for issuance of certificate of road traffic law training to operators of heavy-duty vehicles

1. Certificate of road traffic law training is a certificate issued to eligible individuals as per the law for the operation of heavy-duty vehicles in road traffic.

2. Individuals may apply for certificate of road traffic law training at training facilities for motor vehicle drivers or training facilities for heavy-duty vehicle operators eligible to provide training for road traffic law.

3. Training facilities for motor vehicle drivers and training facilities for heavy-duty vehicle operators eligible to provide training for road traffic law must adhere to training format, contents, program, organize examination, and issue certificate of road traffic law training to individuals with satisfactory exam results.

4. The Minister of Transport shall prescribe format, contents, and program of road traffic law training; examination and procedures for issuance, re-issuance of certificate of road traffic law training; eligibility of training facilities for heavy-duty vehicle operators to provide training, organize examination, and issue certificate of road traffic law training except for cases under Clause 5 of this Article.

5. The Minister of National Defense and Minister of Public Security shall prescribe format, contents, and program for road traffic law training; eligibility of training facilities for heavy-duty vehicle operators to provide training, organize examination, and issue certificate of road traffic law training to military forces and police forces performing national defense and security tasks.

Article 64. Working hour of motor vehicle operators engaging in transportation service and internal transportation

1. Motor vehicle operators must not drive more than 10 hours per day, 48 hours per week, and 4 hours per driving session and must adhere to relevant regulations of the Labor Code.

2. Transport service providers, internal transportation providers, and motor vehicle operators engaging in transportation service and internal transportation are responsible for implementation of this Article.