Chương III Thông tư 12/2017/TT-BGTVT: Quản lý sát hạch, cấp giấy phép lái xe

Chapter III

MANAGEMENT OF DRIVING TESTS AND ISSUANCE OF DRIVING LICENSES

Article 29. Management agency of driving tests and issuance of driving licenses

1. Directorate for Roads of Vietnam shall be responsible for managing tests and issuing driving licenses nationwide; Department of vehicle and driver management advise the General Director on performing functions and duties on tests and issuance of driving licenses management (hereinafter referred to as testing management agency).

2. The Services of Transport shall be responsible for managing tests and issuing driving licenses within central-affiliated cities and provinces; Offices tasked with managing driver training, driving tests, and issuance of driving licenses advice the Director of Department on performing functions and duties on tests and issuance of driving licenses management (hereinafter referred to as testing management agency).

Article 30. Directorate for Roads of Vietnam shall

1. Response to the competent authority during the consideration of issue of certificate of investment in driver testing centers prescribed in Clause 3 Article 4 of Decree No. 65/2016/ND-CP about the appropriateness of the plan of car driver testing center network.

2. Establish and adjust planning of the driver testing center network to be submitted to the Ministry of Transport for promulgation; establish forms, books for management of tests and issuance of driving licenses and make the submission to competent authorities for signing and issuance to apply nationwide.

3. Carry out irregular or regular inspection of driving test centers, ensuring accuracy of automatic marking equipment as prescribed or may temporarily stop them for remedial works in case of need; carry out inspection of tests organized in test centers, handle or report violations to competent agencies for handling according to effective regulations.

4. Study application of information technology to organization and management of tests, issuance of driving licenses; establish an information network linking the testing management agency affiliated to Directorate for Roads of Vietnam with test centers, testing management agency affiliated to the Department of Transport and driver training institutions.

5. Direct organization and implementation of driver training, driving tests, and issuance of driving licenses nationwide:

a) Provide guidance on professional knowledge about construction of test centers;

b) Develop and provide guidance on professional knowledge about public services regarding renewal of driving licenses to the Department of Transport;

c) Provide guidance on professional knowledge, instruct and supervise calibration of means and facilities of test centers as prescribed;

d) Provide instruction and professional inspection of the testing management agency affiliated to the Department of Transport;

dd) Establish training program and plan, direct and organize training and issuance of Examiner's cards to examiners across the country and keep records of examiners as prescribed; directly manage group of examiners belonging to testing management agency affiliated to Directorate for Roads of Vietnam;

e) Organize tests, issue driving licenses to learners at training institutions as assigned by the Ministry of Transport.

6. Receive and process information about renewal of driving licenses transferred by the Department of Transport; organize issuance or change of driving licenses to:

a) Drivers working for the Communist Party and State's agencies, unions, international organizations and diplomatic missions headquartered in Hanoi;

b) Drivers managed by Directorate for Roads of Vietnam.

7. Update driver’s violations to the driving license information system provided by the authority authorized to handle administrative violations.

8. Perform other duties concerning testing and issuance of driving licenses as assigned by General Director of Directorate for Roads of Vietnam.

9. Publish on the website of Directorate for Roads of Vietnam schedules and locations for organizing tests in the following month before 25th of the preceding month.

Article 31. Department of Transport shall

1. Response to the competent authority during the consideration of issue of certificate of investment in driver testing centers prescribed in Clause 3 Article 4 of Decree No. 65/2016/ND-CP about the appropriateness of the plan of car driver testing center network.

2. Organize implementation of regulations of the Ministry of Transport and instructions provided by Directorate for Roads of Vietnam on professional competence of tests and issuance of driving licenses.

3. Establish a plan for training demands, perform management and storage of records of examiners.

4. Direct construction and management of activities of local test centers.

5. Develop connecting information network with local test centers, training institutions and Directorate for Roads of Vietnam.

6. Develop implementation of public services regarding renewal of driving licenses.

7. Organize tests for learners at driver training institutions managed by the Department of Transport; In case tests are organized in test centers beyond management, the testing management agency shall make selections to have an appropriate testing plan.

8. Receive and process information about renewal, re-issuance of expired driving licenses transferred by the Directorate for Roads of Vietnam or other Department of Transport; organize renewal, re-issuance of driving licenses to drivers who have demands.

9. Update driver’s violations to the driving license information system provided by the authority authorized to handle administrative violations.

10. Perform other duties concerning testing and issuance of driving licenses as assigned by Director of Department of Transport.

11. Publish on the website of Department of Transport schedules and locations for organizing tests in the following month before 25th of the preceding month.

Article 32. Driving license form

1. Driving license forms are prescribed in Appendix 17 enclosed herewith.

2. Directorate for Roads of Vietnam shall design confidentiality, print, issue, instruct and manage use of licenses nationwide.

Article 33. Use and management of driving licenses

1. Every person is granted only 01 PET material driving license management number for licenses with permanent and limited validity period.

2. If a person want to integrate driving licenses, (s)he shall fill in the training and testing request form to grant driving license prescribed in Appendix 7 enclosed herewith or follow driving license renewal procedures as prescribed in Article 38 hereof.

3. Any driver who has an integrated driving license (license with combined permanent and limited validity period) may submit application for separation as prescribed in Article 38 hereof.

4. Drivers are only allowed to control types of cars mentioned in driving licenses.

5. Upon renewal, re-issuance of licenses or enhancement of license class, the licensing agency shall cut corner of the old license and return it to the driver for preservation.

6. Driving licenses should be brought along when driving.

7. Driving licenses may be stripped of right to enjoyment or revoked in accordance with laws.

8. Drivers holding B1 class license that need to practice as a driver or need license upgrade should attend the training course and take the tests.

9. Drivers holding B1 class (automatic transmission) license are not qualified to drive manual transmission cars, drivers are required to take further lessons and undergo practical tests for issuance of B1 class license.

10. Foreigners or overseas Vietnamese who need to drive cars in Vietnam should:

Carry out procedures on conversion into respective licenses in Vietnam if having obtained national driving  licenses;

b) In case an international agreement on driving license to which Vietnam is a signatory prescribes otherwise, such international agreement shall apply.

11. Drivers holding FD, FE class licenses issued for the first time before July 01, 2009 by transport authorities may apply for FC class license if they need to drive trailer trucks or semi-trailer trucks.

12. A1, A2 class licenses issued before August 01, 1995 by police authorities, driving licenses or certificates issued by transport authorities shall be used until their expiration dates.

13. An eligible driving license is the driving license issued by Directorate for Roads of Vietnam or the Services of Transport with the template number coinciding with that in driving license information system.

14. Anyone who erases or falsifies information printed on the driving license, uses fake driving licenses or falsified records, uses another person’s lost driving licenses, commits other deceptive acts in order to be eligible for renewal, issuance or re-issuance of driving licenses shall be revoked of driving license and original profile, update the data on the driving license information system and suspended from issuance of driving licenses for 05 years since the violation is detected. If re-issuance of driving license is needed, the driver must learn and participate in tests again.

Article 34. Verification of driving license

1. When receiving a list of driving licenses that need verifying and when reissuing or replacing a driving license, Directorate for Roads of Vietnam or the Department of Transport shall study and print information about persons who apply for upgrading of license class or issuance of driving license from the driving license information system (the written verification of motor car driving license); in case the information is not available, a written request should be delivered to the licensing agency for verification; the written request for verification of driving license (see forms in Appendix 18a enclosed herewith), the written verification of driving license (see forms in Appendix 18b enclosed herewith).

2. Verification of driving license

Verification of driving licenses should be carried out immediately via telephone, email or fax and in writing afterwards;

b) Before the verification is issued, Directorate for Roads of Vietnam or the Department of Transport shall not renew or reissue the driving license, nor allow the person to retake a driving exam.

3. Deadline for verification

a) Upon receipt of the list of driving licenses proposed for verification or eligible applications as prescribed in Article 38 hereof, Directorate for Roads of Vietnam or the Department of Transport shall issue a written request for verification of granted driving licenses;

b) Upon receipt of the request for verification, Directorate for Roads of Vietnam or the Department of Transport shall provide verification of the granted driving license.

Article 35. Issuance of driving license

1. Candidates who passed the test shall be granted the driving license according to classes intended; the original copy of the driving license is required when receiving the upgraded license or reissuance of expired license as prescribed in Clause 1 Article 36 hereof.

2. Based on decisions on recognition of satisfactory test results, General Director of Directorate for Roads of Vietnam, director of the Department of Transport shall grant driving licenses to successful candidates.

The date written on the back of the driving license is the day on which the Decision on certification of successful candidate is signed.

3. The driving license shall be issued within 10 working days from the on which the test is completed.

Article 36. Re-issuance of driving license

1. Drivers whose driving licenses have expired shall

From 03 months to less than 1 year since the date of expiration, take the theory tests for re-issuance of driving license;

b) From 1 year and over since the date of expiration, participate in both theory and practical tests for re-issuance of driving license.

Applications for participation in the test are prescribed in Clause 3 Article 19 hereof.

2. Drivers whose driving licenses is lost, remaining unexpired or having expired for less than 03 months shall be considered for re-issuance of driving license.

The application includes:

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

b) Original application in accordance with driving license (if any);

c) Health certificate issued by competent medical facilities as prescribed except for re-issuance of A1, A2, A3 class driving license with permanent validity;

d) The copy of people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens or unexpired passport for foreigners and overseas Vietnamese.

The applicant shall be photographed when submitting the application at Directorate for Roads of Vietnam or Department of Transport, and must present the original copy of aforesaid documents (except for sent original documents) for comparison. The driving license shall be reissued after 02 months from the day on which the valid application is submitted, provided the license is not confiscated by a competent authority or the driver’s name is not on the list of the management authority.

3. Drivers whose driving license are lost, expired for more than 03 months with his/her name included in testing management agencies’ records should attend following tests if his/her license has not been confiscated or handled by competent agencies after two months since submission of the application:

a) Take the theory test again if the old license has expired from 03 months to less than 01 year;

b) Participate in both theory and practical tests if the old license has expired from 01 year and over.

Applications for participation in the test are prescribed in Clause 4 Article 19 hereof.

4. The licensing agency shall send a written notification on cancelling the old driving license to relevant authorities when re-issuing a new license.

5. The date written on the back of the reissued driving license is the date of the old driving license.

6. The deadline for reissuing the driving license is similar to that for issuing a new one.

7. Candidates who need reviews must register with driver training institutions for instructions, pay a fee as prescribed and are exempt from going through the training program.

8. Any driver whose driving license is still unexpired but its original records are lost and have his/her name included in testing management agencies’ records may re-establish the original records if he/she has demands.

The candidate shall send a set of application in person to Directorate for Roads of Vietnam or Department of Transport (where the driving license was granted). The application includes:

a) Written request according to forms prescribed in Appendix 19 enclosed herewith;

b) Copy of unexpired driving license, people’s identity card, citizen’s identity card or passport.

The licensing agency shall inspect, confirm, affix seal and specify number, class of the granted driving license, date of tests (If any), name of the training institution (if any) on top right corner of the written request and return to the driver for preservation instead of original records.

Article 37. Renewal of driving license

1. Driving license made of hard copy is encouraged to be changed into driving license made of PET material before December 31, 2020.

2. Any person whose driving license remains valid shall renew before expiry date; any person whose driving license remains valid but is damaged may apply for renewal.

3. Any driver reaching 55 (male) and 50 (female) years of age and holding E class license shall be considered for renewal of license from D class and under if he/she has demands and is healthy enough.

4. If year of birth, full name, or middle name specified in the driving license shows deviation from the people’s identity card or citizen’s identity card, the license management agency shall carry out procedures on renewal of driving license in accordance with information specified in the people’s identity card/citizen’s identity card.

5. Subjects eligible for renewal of driving license:

Vietnamese people, foreigners who have trained, tested and obtained driving licenses in Vietnam;

b) Drivers whose driving licenses issued by transport authorities are damaged;

c) Vietnamese people, foreigners residing long term in Vietnam who have obtained driving licenses in Vietnam may apply for renewal if they have demands;

d) Drivers with military driving licenses still unexpired when being discharge (demobilized, retired, changed job, labor contract expired...) may apply for renewal if they have demands;

dd) Retired police officials and soldiers having driving licenses issued after July 31, 1995 by police authorities and remaining valid may apply for renewal if they have demands after retirement or job changing;

e) Drivers working in public security whose driving licenses issued before August 01, 1995 are damaged may apply for renewal if they have demands and their names are in the database;

g) Foreigners residing, working and studying in Vietnam for at least 03 months, having Diplomatic or Official Identity Card, Permanent Residence Card, Temporary Residence Card, stay permits and unexpired native driving licenses may apply for renewal with corresponding driving licenses of Vietnam if they wish to drive in Vietnam;

h) Foreign tourists driving overseas-registered cars into Vietnam and having unexpired native driving licenses may apply for renewal with corresponding driving licenses of Vietnam if they wish to drive in Vietnam;

i) Vietnamese people (Vietnamese nationality) having unexpired driving licenses issued by other countries while residing, working and studying there may apply for renewal with corresponding driving licenses of Vietnam if they wish to drive in Vietnam.

6. Following cases are ineligible for renewal of driving licenses:

a) Temporary foreign driving licenses, international driving licenses, foreign driving licenses, driving licenses issued by the army or police that have been expired and are suspected of being falsified or so damaged that cannot be identified; suspicious foreign driving licenses that cannot be verified;

b) Driving licenses issued by transport authorities but not included in the driving license information system, list of candidates granted driving licenses (management book);

c) Period from military discharge decision to the implementation of procedures on renewal of driving licenses issued by the Ministry of National Defense in excess of 06 months;

d) Persons who are not as healthy as prescribed.

7. Validity period and vehicle classes eligible for driving:

a) Validity period of Vietnamese driving licenses issued to foreigners should be in compliance with validity specified in the entry visa or temporary residence card, foreign driving license but not exceed the validity as prescribed in laws on Vietnamese driving licenses;

b) Validity period of Vietnamese driving licenses issued to foreign tourists driving foreign-registered cars into Vietnam should comply with the duration of the tour in Vietnam (from entry to exit) but not exceed the validity as prescribed in laws on Vietnamese driving licenses.

For foreign tourists driving cars into Vietnam without passport and foreign driving licenses, renewal of driving licenses may be based on the Ministry of Public Security’s entry/exit list and a translation of the driving license (accompanied by a copy of the foreign driving license). Driving licenses are only issued to people who actually enter Vietnam after checking foreign driving license and passport;

c) National driving licenses issued to multiple-class drivers (drivers who can drive multiple car classes) may be changed into driving licenses to drive respective car classes in Vietnam;

d) A military driving license that enable a person to drive various classes of vehicle may be replaced with driving licenses issued by transport authorities to drive corresponding classes of vehicle; F class military driving license shall be changed in to C class driving license issued by transport authorities.

8. Time limit for renewal of driving license:

No more than 05 working days since the receipt of applications as prescribed;

b) Upon renewal of driving license, the licensing agency shall cut corner of the old license and return it to the driver for preservation (except for foreign driving license).

Article 38. Procedures on renewal of driving licenses issued by transport authorities

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

1. Written request for renewal of driving license according to form prescribed in Appendix 19 enclosed herewith;

2. Health certificates issued by competent medical facilities as prescribed, except for:

A1, A2, A3 class license holders;

b) Persons who need to separate driving licenses with limited and unlimited validity periods combined.

3. The copy of driving licenses, people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens or unexpired passport for foreigners and overseas Vietnamese.

The applicant shall be photographed when submitting the application for renewal and must present the original copy of aforesaid documents (except for sent original documents) for comparison.

Article 39. Procedures on renewal of driving licenses issued by the Ministry of National Defense

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

1. Written request for renewal of driving license according to form prescribed in Appendix 19 enclosed herewith.

2. A copy of military discharge decision within 06 months since it is signed by chief of regiment and over or the decision terminating the labor contract within 06 months since it is signed by competent authority of a business servicing national defense and security.

3. Health certificate issued by competent medical facilities as prescribed except for renewal of A1, A2, A3 class driving license.

4. The copy of unexpired military driving license, people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens or unexpired passport for foreigners and overseas Vietnamese.

The applicant shall be photographed when submitting the application for replacement and must present the original copy of aforesaid documents (except for sent original documents) for comparison.

Applications for renewal of military driving licenses are original records including documents as specified in Clauses 1 and 2, this Article and corner-cut military driving license is returned to the driver for preservation.

Article 40. Procedures on renewal of driving licenses issued by public security

1. Applications for renewal of motorbike driving licenses issued before August 01, 1995 by public security:

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

Written request for renewal of driving license according to form prescribed in Appendix 19 enclosed herewith;

b) The copy of driving license, people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens or unexpired passport for foreigners and overseas Vietnamese.

c) Original documents (if any);

The applicant shall be photographed when submitting the application for replacement and must present the original copy of aforesaid documents (except for sent original documents) for comparison.

2. Applications for renewal of driving licenses issued from August 01, 1995 by public security:

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

Written request for renewal of driving license according to form prescribed in Appendix 19 enclosed herewith;

b) Copy of decision on retirement or discharge issued by competent authority;

c) Health certificate issued by competent medical facilities as prescribed except for renewal of A1, A2, A3 class driving license;

d) The copy of driving licenses issued by public security, people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens or unexpired passport for foreigners and overseas Vietnamese.

The applicant shall be photographed when submitting the application for replacement and must present the original copy of aforesaid documents (except for sent original documents) for comparison.

Applications for renewal of police force driving licenses are original records including documents as specified in Points a and b, Clause 2, this Article and corner-cut police force driving license returned to the driver for preservation.

Article 41. Procedures on renewal of foreign driving licenses

1. The candidate shall send a set of application in person to Directorate for Roads of Vietnam or Department of Transport (where the residence is registered). The application includes:

Written request for renewal of driving license (Vietnamese citizens shall use the form in Appendix 19 enclosed herewith, foreigners shall use the form in Appendix 20 enclosed herewith);

b) A written translation of the driving license in Vietnamese guaranteed in quality by notary office or Embassy, Consulate in Vietnam where the translator works, affixed with a stamp on adjoining edges of pages and copy of the driving license; in case of any question found, the licensing agency shall issue a written request to the Embassy or Consulate for verification;

c) The copy of passport (passport number, full name, passport photo, validity period and page of entry visa to Vietnam), people’s identity card, citizen’s identity card issued by the Ministry of Foreign Affairs of Vietnam or a photocopy of the Permanent Residence Card, Temporary Residence Card, stay permits or the papers proving the foreigner’s long-term residence in Vietnam; in case of any question found, the licensing agency shall issue a written request to the Ministry of Foreign Affairs, the Immigration Department affiliated to the Ministry of Public Security and the Immigration Office affiliated to the Public Security station at the provinces for verification.

The applicant shall be photographed when submitting the application for replacement and must present the original copy of aforesaid documents (except for sent original documents) for comparison.

2. Applications for renewal of driving licenses returned to drivers by the licensing agency are original records including documents as prescribed in Clause 1, this Article and foreign driving license.

3. Applications for renewal of driving licenses for foreigners not permanently residing in Vietnam are stored for 01 years by the licensing agency including documents as prescribed in Clause 1 this Article.

Article 42. Procedures on renewal of foreign driving licenses issued to foreign tourists driving cars into Vietnam

1. The candidate shall send a set of application in person to the Department of Transport. The application includes:

Written request for renewal of driving license according to form prescribed in Appendix 20 enclosed herewith;

b) A written translation of the driving license in Vietnamese guaranteed in quality by notary office or Embassy, Consulate in Vietnam where the translator works, affixed with a stamp on adjoining edges of pages and copy of the driving license; in case of any question found, the licensing agency shall issue a written request to the Embassy or Consulate for verification;

c) Certified true copy of the entry-exit registration list made by the Ministry of Public Security or the copy of passport that shows passport number, full name, passport photo, validity period and page of entry visa to Vietnam;

d) 01 color 3 cm x 4 cm photo with blue background like those used in ID card.

The applicant must present the original copy of aforesaid documents (except for sent original documents) for comparison.

2. The licensing agency shall note “Driving license is renewed for the first time” in its management records.