Chương I Thông tư 12/2017/TT-BGTVT: Quản lý đào tạo lái xe

Chapter I

MANAGEMENT OF DRIVER TRAINING

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

Article 4. Management of activities of driver training institutions

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

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

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

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

Article 5. Duties and authority of driver training institutions

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

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

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

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

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

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

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

8. Register testing periods as prescribed.

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

10. Store relevant documents and materials of training courses.

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

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

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

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

15. Make reports on registration for driving tests

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

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

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

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

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

2. Forms, books used by driver training institutions:

a) Training plan prescribed in Appendix 4 enclosed herewith;

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

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

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

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

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

5. Time of recordkeeping

Permanent for register of issued training certificates;

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

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

Section 2. DRIVING LEARNERS

Article 7. Requirements for driving learners

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

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

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

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

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

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

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

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

Article 8. Forms of training

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

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

Article 9. Application of learners

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

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

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

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

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

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

Documents as prescribed in Clause 1 of this Article;

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

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

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

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

Section 3. MANAGEMENT OF DRIVER TRAINING

Article 10. Directorate for Roads of Vietnam shall

1. Manage and unify driver training nationwide.

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

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

4. Inspect and investigate the driver training management.

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

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

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

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

Article 11. The Department of Transport

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

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

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

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

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

6. Store the documents below:

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

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

c) Inspection record for training institutions.

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