Chương II Thông tư 12/2017/TT-BGTVT: Sát hạch lái xe

Chapter II

DRIVING TESTS

Section 1. DRIVING TEST CENTERS

Article 18. Responsibilities of driving test centers

1. Ensure availability of facilities, inspecting and marking equipment as prescribed to carry out the tests accurately and objectively; make report to the Department of Transport and Directorate for Roads of Vietnam in case the equipment, vehicles used for the tests malfunction or need changing.

2. Cooperate and create favorable conditions for driver training institutions to send learners to the center for reviews and practice and for the Testing council to carry out the tests conveniently and as planned.

3. Comply and cooperate with competent agencies in organizing inspection of driving test centers.

4. Make public disclosure of test fees and other service fees.

5. Ensure safety for driving tests; cooperate with relevant units and agencies in handling any accidents or unsafety arising.

6. Carry out reporting and publishing test calendars on the website of the center, store test results as prescribed.

7. Connect information network to Directorate for Roads of Vietnam and Department of Transport.

Section 2. DRIVING TEST CANDIDATES

Article 19. Driving test application

1. Candidates participating for the first time

Driver training institutions shall send a set of application in person to Directorate for Roads of Vietnam and Department of Transport. The application includes:

Documents as prescribed in Clause 1 Article 9 hereof;

b) Primary-level certificates or training certificates with respect to A4, B1, B2 and C class candidates;

c) List of candidates proposed by driver training institutions.

2. Candidates applied for license upgrade to class B1, B2, C, D, E and F:

Driver training institutions shall send a set of application in person to Directorate for Roads of Vietnam and Department of Transport. The application includes:

Documents as prescribed in Clause 2 Article 9 hereof;

b) License upgrade training certificate;

c) List of candidates proposed by driver training institutions.

3. Candidates who request re-issuance of driving  licenses due to expiration of their previous licenses

The candidate shall send a set of application in person to Directorate for Roads of Vietnam and Department of Transport. The application includes:

Documents as prescribed in Point b, c and d of Clause 1 Article 9 hereof;

b) Written request for renewal or re-issuance of driving license according to form prescribed in Appendix 19 enclosed herewith;

c) Copy of the expired driving  license.

4. Candidates who lost their previous licenses

The candidate shall send a set of application in person to Directorate for Roads of Vietnam and Department of Transport. The application includes:

Documents as prescribed in Point b, c and d of Clause 1 Article 9 hereof;

b) Written request for renewal or re-issuance of driving license according to form prescribed in Appendix 19 enclosed herewith specifying the date on which the application is received;

c) Original application of the lost driving license (if any).

Article 20. Reservation of driving test results

Candidates may reserve qualified results of previous test once in a year. When the candidate wishes to take the remaining tests, (s)he must satisfy the conditions in Article 7, present the documents in Article 19 hereof and have his name in the list of absent and failed candidates in the previous test made by the exam council or group of examiners.

Section 3. DRIVING TEST PROCEDURES

Article 21. Content and procedure of driving test

1. Driving tests for issuance of driving licenses must be organized in driving test centers qualified for operation (hereinafter referred to as ‘test centers’).

2. Driving tests for issuance of A1, A2, A3 and A4 class licenses in urban areas from class 2 and over must be organized in test centers qualified for operation; in other areas, driving tests may be organized in test yards which basic infrastructure available, theoretical test rooms, test yards and motor cars used for tests in accordance with national technical regulations on driving test centers.

3. Content of driving tests

Theory tests include questions relating to Law on road traffic, driving techniques, common structures and repairs, transport profession (for A3, A4 class licenses); common structures and repairs, driving ethics (for B1 class license); common structures and repairs, transport profession, driving ethics (for licenses for B2 class and over).

Candidates who take A1 class license test and have the driving permit granted by transport authorities are exempted from theory tests.

b) Practical tests on situational diagrams for A1, A2 classes

Candidates shall control their cars through four test lessons: driving through 8 diagram, through a straight line, through roads with marks of obstacles, through rough roads.

c) Practical tests on situational diagrams for A3, A4 classes

Candidates shall drive forward and backward through a zigzag.

d) Practical tests on situational diagrams for B1, B2, C, D and E classes

The candidate must follow the procedure and drive through the tests arranged in the test center such as depart, give way to pedestrians, stop and start the car on the slope, turn 90 degrees, drive through cross-roads with traffic lights, drive through winding roads, pull over at a parking lot (vertical position for B1, B2 and C classes; and horizontal position for B1, B2, D and E classes), make a temporary stop at intersection with railway, handle dangerous situations, shift on flat roads, ending;

dd) Practical tests on situational diagrams for FB2, FD and FE classes

Candidates shall drive through a diagram with 05 standard piles and return.

e) Practical tests on situational diagrams for FC class

Candidates shall take 02 tests: drive through a diagram with 05 standard piles and return; vertical parking.

g) Practical tests on road: Candidates shall control their cars, handle situations on the road and take orders from the examiner.

4. Organization of driving tests is carried out as follows:

Theory tests for A1 class in urban areas from class 2 and over shall be done on computers; in other areas, theory tests shall be done on papers or computers; cameras shall be set up to monitor the test;

Theory tests for A2, A3, A4, B1, B2, C, D, E and F classes shall be done on computers; cameras shall be set up to monitor the test;

c) Practical test on situational diagrams for A1, A2 classes in urban areas from class 3 and over shall apply the automatic marking equipment; areas with distance from the center of class 3 urban area under 100 km must use automatic marking equipment from July 01, 2018;

d) Practical test on situational diagrams for F class shall be carried out in qualified test centers or test yards;

dd) Practical test on situational diagrams for B1, B2, C, D and E classes shall be carried out in test centers with automatic marking equipment; examiners do not sit on the testing vehicle

e) Practical tests on roads applied for B1, B2, C, D, E and F classes;

g) Practical test on situational diagrams for B1, B2, C, D and E classes shall be carried out in test centers with automatic marking equipment and have an examiner on the testing vehicle.

5. Directorate for Roads of Vietnam shall provide specific instructions on the driving test procedures.

Article 22. Preparation for the test

The testing administration board shall:

1. Tests for A1, A2 classes

Receive registration for tests for A1, A2 classes sent by the training institution;

b) Examine candidates’ profiles and applications as prescribed in Article 19 and 20 hereof;

c) Submit to General Director of Directorate for Roads of Vietnam or Director of Department of Transport for decision on organization of driving tests; establish a supervisor team.

2. Tests for A3, A4, B1, B2, C, D, E and F classes

a) Receive registration for driving tests, lists of learners (report 1), lists of driving licenses requested for verification sent by training institution according to forms as prescribed in Appendices 3a, 3b and 3c enclosed herewith;

b) Receive written requests for the organization of driving test and list of candidates (report 2) sent by training institutions according to forms prescribed in Appendices 11a and 11b enclosed herewith. Report 2 shall be sent by post and transmitted through the driving license information system to Directorate for Roads of Vietnam or Department of Transport at least 07 working days before the test;

c) Examine candidates’ profiles and applications for issuance of A3, A4, B1, B2, C, D, E and F class driving licenses as prescribed in Article 19 and 20 hereof. Candidates must have their names in the list of learners (report 1), list of candidates (report 2) and a verification of granted licenses (in case of license upgrade);

Persons who are assigned to examine candidates’ applications must cooperate with training institutions in establishing written records of test as prescribed in Appendix 11c enclosed herewith.

d) Provide a testing plan, notify training institutions and candidates;

dd) Submit to General Director of Directorate for Roads of Vietnam or Director of Department of Transport for decision on organization of driving tests; establish testing council and testing team according to forms prescribed in Appendix 12a enclosed herewith and the list of candidates according to forms in Appendices 12b and 12c enclosed herewith.

3. Candidates who request re-issuance of driving  licenses due to expiration of their previous licenses

a) Check and examine requirements as prescribed in Article 36, establish the list of candidates according to forms in Appendix 13 enclosed herewith and make submission to General Director of Directorate for Roads of Vietnam or director of the Services of Transport for decision on organization of the test at the same time as the tests as prescribed in Clauses 1, 2 hereof; in case appropriate tests are not available, a testing council or testing team may be established as prescribed (composition of testing council or testing team does not include members of training institution);

b) Localities without class 1, class 2 driving test centers: the test maybe organized at the province using the exam questions or test software provided by Directorate for Roads of Vietnam; if both practical and theory tests are required, such tests must be organized in a driving test center in another province as prescribed.

Article 23. Testing council

1. The testing council is established by the General Director of Directorate for Roads of Vietnam or the Director of Department of Transport.

When working, at least 2/3 of the members must participate and under the majority rule; if an agreement cannot be reached, the decision shall be made by the President of the council;

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

2. Composition of the testing council

The president of the council is the head of Department of Transport or the representative of the testing administration board who have a driving license and knowledge about training, testing and issuance of driving licenses authorized by Directorate for Roads of Vietnam or Department of Transport;

b) The members include: directors of driving test centers, heads of training institutions; heads of the testing team and a secretary; the secretary is from the testing administration board affiliated to the Directorate for Roads of Vietnam or Department of Transport.

3. Responsibility of the testing council

Direct the inspection and completion of conditions for organization of driving tests;

b) Assign and arrange the plan of implementation of tests;

c) Provide and instruct testing regulations, test fees and charges, issuance of driving licenses and other necessary provisions to examiners and candidates;

d) Organize tests as prescribed;

dd) Record and handle violations of the tests within authority and report to competent agencies;

e) Request training institutions and candidates to make compensations for any loss caused by accident (due to candidates’ mistakes) during diagram tests;

g) Compile test results and countersign the written record;

h) Transfer and store documents, materials of tests at training institutions, driving test centers and testing administration board.

Article 24. Testing team

1. The testing team is established by the General Director of Directorate for Roads of Vietnam or the Director of Department of Transport.

The testing team is directed by the Testing council. The testing team that grants A1, A2 class licenses shall be directed by the testing administration board;

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

2. The testing team includes a head and examiners

a) Head of the team is an examiner who is from the testing administration board affiliated to the Directorate for Roads of Vietnam or Department of Transport; the examiner’s card must be available during the driving test;

b) Examiners are people from Directorate for Roads of Vietnam, the Services of Transport (except for inspectors, inspecting officials) and instructors from driver training institutions; Instructors from driver training institutions must have seniority in teaching and have paid insurance for at least 03 straight years and are not allowed to test learners from the training institution.

3. Standard of examiners

Good ethics;

 b) Have college degrees or over. Examiners who have had cards before this Circular takes effect must meet the standards after 03 years if they currently fail to meet the standards;

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

d) Receive professional operation of tests and be granted the examiner’s card by the General Director of Directorate for Roads of Vietnam.

4. The validity period of Examiner’s card is 03 years according to forms prescribed in Appendix 14 enclosed herewith.

5. Responsibility of the testing team

Inspect facilities, marking equipment, test yards and methods to ensure safety in test process;

b) Request the candidates to comply with the testing rules and regulations; do not allow unauthorized people to enter the testing room or testing yard;

c) Record and handle violations of rules within duties and authority or report to the testing council;

d) Organize tests, aggregate, assess and report to the test council or testing administration board (for A1, A2 class licenses);

dd) Examiners shall be responsible for test results. Head of the testing team shall be responsible for general results of the tests;

Article 25. Order of organization of tests

1. Testing council’s meeting and test opening ceremony

a) Before the test is organized, head of the Testing council shall organize meetings with the Testing council, testing team and supervisory team (if any), assign duties to individual members during the test;

b) Organize test opening ceremony to announce decision to organize the test, disseminate test-related issues to candidates.

2. Organize the tests in accordance with aforesaid content and procedure

3. End of test

a) For A3, A4, B1, B2, C, D, E and F class tests, head of the Testing council shall organize meetings with the Testing council, testing team and supervisory team (if any). Head of the testing team shall report test results and sign in the written record of general result. Head of the testing council shall sign and affix seal on the written record of the general result of successful candidates according to forms prescribed in Appendix 15a enclosed herewith;

b) For A1, A2 class tests, head of the testing team shall organize meetings with its members, director of driver training institutions and supervisory team (if any) to ratify test results and sign in the written record of general result. Head of testing administration board shall sign and affix seal on the written record of the general result of successful candidates according to forms prescribed in Appendix 15b enclosed herewith.

The written record of general result is the original document and is delivered to the successful candidate for self-preservation.

Article 26. Test supervision

1. Based on actual circumstances, Directorate for Roads of Vietnam and Department of Transport shall organize the unexpected test supervision.

2. Test supervisors are investigating officials from Directorate for Roads of Vietnam or inspectors, investigating officials from the Department of Transport. Number of supervisors for motorbike driving tests is 02, for car driving tests is 03, one inspector of which is appointed as head.

3. Supervisor must wear uniform as prescribed when supervising the test.

4. Tasks of the supervisor team in test centers with marking equipment installed

a) Supervise the compliance with test content and procedure by the Testing council, testing team and ensure public disclosure, objectivity and transparency during the test;

b) Supervise examination of candidate identity before entering theory test rooms, diagram and road practical tests; unauthorized persons are not allowed to enter theory test rooms;

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

d) Supervisors shall work independently without entering theory test rooms, getting on test cars or replacing the examiner’s duties.

5. Tasks of the supervisory team in test centers without marking equipment installed

Apart from the tasks mentioned in Points a, b, d Clause 4 of this Article, the preparation of questions for the theory test must be supervised.

6. Authority of the supervisory team

Upon detection of violations, request the testing council and testing team for handling as prescribed;

b) Report to the General Director of Directorate for Roads of Vietnam or the Director of Department of Transport for consideration and handling.

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

Article 27. Recognition of driving test results

Testing administration board shall check, compile results and make the submission to General Director of Directorate for Road of Vietnam or director of the Department of Transport for making decision on recognition of passing the test accompanied by the list of successful candidates to be granted driving licenses according to forms in Appendices 16a and 16b enclosed herewith.

Article 28. Storage of records of test results

1. After each test, the testing administration board shall be responsible for storing records of tests including:

a) List of learners (Report 1);

b) List of candidates (Report 2);

c) Inspection record for candidates’ applications;

d) Decisions to organize driving tests;

dd) Record of duty assignments given by the Testing council;

e) Record of duty assignments given by the Testing team;

g) Written record of general test result;

h) List of absent and failed candidates;

Decisions on certification of passing the test;

k) List of successful candidates that are granted driving licenses;

Other test-related documents.

2. Training institutions shall store test documents including:

Documents as stated in Point a, b, c, d, g, h, i, k Clause 1 hereof;

b) Keep and preserve theory test papers and written record of diagram, road practical tests performed by individual candidates in each test with full signature of the candidate and the examiner;

c) Keep and preserve written records of each road practical test including: signatures of candidates on printed test results in testing vehicles and written records of road practical tests with candidates’ signatures.

3. Test centers shall store test documents including:

Documents as stated in Point d and g Clause 1 hereof;

b) List of candidates with theory test results;

c) List of candidates with diagram practical test results;

d) List of candidates with road practical test results;

dd) Data collected from theory test supervising;

4. Candidates shall keep their own driving records.

5. Time of recordkeeping

a) Permanent with respect to documents as prescribed in Points i, k, Clause 1, this Article;

b) 05 years with respect to documents prescribed in Points a, b, c, d, dd, e, g, h, Clause 1, Points b, c, d, Clause 3, this Article;

b) 01 years with respect to documents prescribed in Points dd, Clause 3, this Article;

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

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