Nghị định 70/2022/NĐ-CP sửa đổi các Nghị định quy định liên quan đến hoạt động kinh doanh trong lĩnh vực đường bộ

DECREE

AMENDMENTS AND SUPPLEMENTS TO SEVERAL ARTICLES OF DECREES LAYING DOWN REGULATIONS CONCERNING ROAD TRANSPORT BUSINESS

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments and Supplements to certain Articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

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

Pursuant to the Law on Investment dated June 17, 2020;

Upon the request of the Minister of Transport;

The Government herein promulgates the Decree on amendments and supplements to several Articles of Decrees laying down regulations concerning road transport business.

Article 1. Amendments and supplements to certain Articles of the Government's Decree No. 11/2010/ND-CP dated February 24, 2010 on management and protection of road traffic infrastructure (several Articles of which are amended and supplemented by the Decree No. 100/2013/ND-CP dated September 3, 2013; the Decree No. 64/2016/ND-CP dated July 1, 2016; the Decree No. 125/2018/ND-CP dated September 19, 2018; the Decree No. 117/2021/ND-CP dated December 22, 2021)

1. Amending and supplementing clause 1 of Article 12b (supplemented by clause 2 of Article 1 in the Decree No. 64/2016/ND-CP dated July 1, 2016; amended and supplemented by point b of clause 2 of Article 1 in the Decree No. 125/2018/ND-CP dated September 19, 2018) as follows:

“1. A set of application dossiers for certificate of approval of training establishment is composed of the followings:

a) Request form for approval for operation of traffic safety investigator training establishment that is given in Annex VI hereto;

b) Declaration about training establishment’s facilities;

c) List of trainers, including their qualifications and practical experience in the relevant field.”.

2. Amending and supplementing clause 2 and 3 of Article 12b (supplemented by clause 2 of Article 1 in the Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:

a) Amending clause 2 as follows:

“2. If an issued certificate of approval for traffic safety investigator training establishment is lost or damaged, the training establishment shall submit an application form given in Annex VII hereto for re-issuance of another certificate to the Department for Roads of Vietnam”;

b) Amending and supplementing clause 3 as follows:

“3. Procedures and formalities for grant of approval and re-issuance of certificate of approval:

a) The applicant shall submit the application to Department for Roads of Vietnam in person, by post or via online public service system;

b) Upon receipt, the Department for Roads of Vietnam handles and checks the received application:

If the application is submitted in person: After having checked the application components, if the application is valid, Department for Roads of Vietnam shall accept it; if the application is invalid, Department for Roads of Vietnam shall give direct instructions to the applicant to further complete the application;

If the application is submitted by post: If the application is invalid as regulated, a written instruction for further completing the application shall be given to the applicant within 02 working days from the receipt of the application;

If the application is submitted via the online public service system: If the application is invalid as regulated, a written instruction for further completing the application shall be given to the applicant within 02 working days from the creation and submission of the online application;

c) Department for Roads of Vietnam shall appraise the application and issue or re-issue a certificate of approval if all conditions are satisfied. If the application is rejected, reasons shall be specified in writing and granted to the applicant.

d) The new or re-issued certificate of approval for training establishment can be received directly at the office of the Department for Roads of Vietnam or by post or via the online public service system upon the applicant’s request.".

3. Amending and supplementing clause 3 of Article 12d (supplemented by clause 2 of Article 1 in the Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:

“3. Procedures and formalities for issuance of certificate of practicing as traffic safety investigator:

a) The training establishment submits the application to Department for Roads of Vietnam in person, by post or via the online public service system;

b) Upon receipt, the Department for Roads of Vietnam checks the received application:

If the application is submitted in person: After having checked the application components, if the application is valid, Department for Roads of Vietnam shall accept it; if the application is invalid, Department for Roads of Vietnam shall give direct instructions to the applicant to further complete the application;

If the application is submitted by post: If the application is invalid as regulated, a written instruction for further completing the application shall be given to the applicant within 02 working days from the receipt of the application;

If the application is submitted via the online public service system: If the application is invalid as regulated, a written instruction for further completing the application shall be given to the applicant within 02 working days from the receipt of the application;

c) Department for Roads of Vietnam shall appraise the application and, if all require conditions are met, grant the practicing certificate to each trainee (who passes the test) whose name is included in the Letter of Submittal of the training establishment; If the application is rejected, a written reply, containing clear reasons for such rejection, must be sent to the training establishment;

d) The practicing certificate can be granted directly at the office of the Department for Roads of Vietnam or by post subject to the training establishment’s decision.".

4. Amending and supplementing clause 3 of Article 12dd (supplemented by clause 2 of Article 1 in the Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:

“3. Procedures and formalities for renewal of certificate of practicing as traffic safety investigator:

a) The individual applicant submits the application to Department for Roads of Vietnam in person, by post or via the online public service system;

b) Upon receipt, the Department for Roads of Vietnam checks the received application:

If the application is submitted in person: After having checked the application components, if the application is valid, Department for Roads of Vietnam shall accept it; if the application is invalid, Department for Roads of Vietnam shall give direct instructions to the applicant to further complete the application;

If the application is submitted by post: If the application is invalid as regulated, a written instruction for further completing the application shall be given to the applicant within 02 working days from the receipt of the application;

If the application is submitted via the online public service system: If the application is invalid as regulated, a written instruction for further completing the application shall be given to the applicant within 02 working days from the receipt of the application;

c) Department for Roads of Vietnam shall appraise the application and, if all require conditions are met, grant the practicing certificate; If the application is rejected, a written reply, containing clear reasons for such rejection, must be sent to the applicant;

d) The renewed practicing certificate can be granted directly at the office of the Department for Roads of Vietnam or by post of his/her choice.".

5. Amending and supplementing clause 2 and 3 of Article 12e (supplemented by clause 2 of Article 1 in the Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:

a) Amending clause 2 as follows:

“2. The individual applicant shall submit 01 set of application dossiers for re-issuance of the practicing certificate, consisting of the application form for re-issuance of the practicing certificate given in Annex IV hereto.”;

b) Amending and supplementing clause 3 as follows:

“3. Procedures and formalities for re-issuance of certificate of practicing as traffic safety investigator:

a) The individual applicant submits the application to Department for Roads of Vietnam in person, by post or via the online public service system;

b) Upon receipt, the Department for Roads of Vietnam checks the received application:

If the application is submitted in person: After having checked the application components, if the application is valid, Department for Roads of Vietnam shall accept it; if the application is invalid, Department for Roads of Vietnam shall give direct instructions to the applicant to further complete the application;

If the application is submitted by post: If the application is invalid as regulated, a written instruction for further completing the application shall be given to the applicant within 02 working days from the receipt of the application;

If the application is submitted via the online public service system: If the application is invalid as regulated, a written instruction for further completing the application shall be given to the applicant within 02 working days from the receipt of the application;

c) Department for Roads of Vietnam shall appraise the application and, if all require conditions are met, reissue the practicing certificate; If the application is rejected, a written reply, containing clear reasons for such rejection, must be sent to the applicant;

d) The renewed practicing certificate can be granted directly at the office of the Department for Roads of Vietnam or by post of his/her choice.".

6. Amending and supplementing Annexes (supplemented by clause 3 of Article 2 in the Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:

a) Amending and supplementing Annex I by Annex I hereto;

b) Amending and supplementing Annex II by Annex II hereto;

c) Amending and supplementing Annex III by Annex III hereto;

d) Amending and supplementing Annex IV by Annex IV hereto;

dd) Amending and supplementing Annex V by Annex V hereto;

e) Amending and supplementing Annex VI by Annex VI hereto;

g) Amending and supplementing Annex VII by Annex VII hereto.

7. Replacing “Directorate for Roads of Vietnam” by “Department for Roads of Vietnam” at:

a) Clause 1 of Article 12 (amended by clause 1 of Article 1 in the Decree No. 64/2016/ND-CP dated July 1, 2016);

b) Clause 5 of Article 12b (supplemented by clause 2 of Article 1 in the Decree No. 64/2016/ND-CP dated July 1, 2016);

c) Amending and supplementing clause 1 and 5 of Article 12d (supplemented by clause 2 of Article 1 in the Decree No. 64/2016/ND-CP dated July 1, 2016);

d) Point a of clause 2 of Article 25.

8. Replacing “Directorate for Roads of Vietnam” by “Department for Roads of Vietnam, Viet Nam Expressway Authority” at clause 4 of Article 45.

Article 2. Amendments and supplements to certain Articles of the Government’s Decree No. 65/2016/ND-CP dated July 1, 2016, prescribing requirements for provision of car driver training and testing services (amended by Decree No. 138/2018/ND-CP dated October 8, 2018)

1. Replacing “Directorate for Roads of Vietnam” by “Department for Roads of Vietnam” at the following Articles:

a) Article 10, 11, 12, 13, 14, 19, 20, 21, 23 and 26 in the Decree No. 65/2016/ND-CP dated July 1, 2016;

b) Article 8 and 9 in the Decree No. 65/2016/ND-CP dated July 1, 2016 (amended by clause 5, point b of clause 6 of Article 1 in the Decree No. 138/2018/ND-CP dated October 8, 2018).

2. Amending and supplementing point a of clause 2 of Article 6 (amended by point b of clause 2 of Article 1 in the Decree No. 138/2018/ND-CP dated October 8, 2018) as follows:

“a) Provide cars for learner drivers at all classes under legal ownership of driver training institutions; obtain learner driver’s car licenses from competent authorities. Driver training institutions providing driver testing services can, based on the period during which a car is used for the driver test, use such car for both testing and training purposes on condition that the number of test cars used for calculating the training capacity does not exceed 50% of the number of test cars used for the driver training purpose;”.

3. Repealing point b of clause 2 of Article 6.

Article 3. Implementation provisions

1. This Decree is entering into force as from November 1, 2022.

2. This Decree exists to annul regulations set forth in point b of clause 2 of Article 1 in the Government’s Decree No. 138/2018/ND-CP dated October 8, 2018, prescribing amendments and supplements to certain Articles of the Government’s Decree No. 65/2016/ND-CP dated July 1, 2016, prescribing requirements for provision of car driver training and testing services.

3. Transition provisions

a) If the application related to business in providing traffic safety investigator training services (i.e. grant of approval for business of training establishment; re-issuance of certificate of approval of training establishment; issuance of practicing certificate; reissuance of practicing certificate; renewal of practicing certificate) is already submitted to the Department for Roads of Vietnam in accordance with regulations prior to the effective date of this Decree, handling of such application shall proceed under the Government’s Decree No. 11/2010/ND-CP dated February 24, 2010, prescribing management and protection of road infrastructure (several Articles of which are amended and supplemented by the Decree No. 100/2013/ND-CP dated September 3, 2013; the Decree No. 64/2016/ND-CP dated July 1, 2016; the Decree No. 125/2018/ND-CP dated September 19, 2018; the Decree No. 117/2021/ND-CP dated December 22, 2021);

b) Certificates of approval of road safety investigator training establishment and certificates of practicing as road safety investigator that are issued by the Directorate for Roads of Vietnam before the effective date of this Decree shall remain valid according to the validity period shown in these certificates;

c) Driving instructor certificates, learner driver’s car licenses, car driver training certificates, certificates of eligible driving test centers issued by the Directorate for Roads of Vietnam before the effective date of this Decree shall remain valid.

4. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Chairpersons of People’s Committees of provinces and centrally-affiliated cities and other organizations and individuals involved, shall be responsible for implementing this Decree./.