Chương I: Thông tư 58/2015/TT-BGTVT Quy định về đào tạo, sát hạch, cấp giấy phép lái xe cơ giới đường bộ do Bộ trưởng Bộ Giao thông vận tải ban hành Quản lý đào tạo lái xe

Chapter I

MANAGEMENT OF DRIVER TRAINING

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

Article 4. Driver training institutions

1. Driver training institutions established by competent agencies have a driver training function and satisfy technical standards and professional competence as prescribed hereof.

2. Driver training institutions must meet the planning by the Ministry of Transport

Article 5. Technical standards and professional competence of driver training institutions

Driver training institutions must meet following standards:

1. Specialized classroom system

a) Each classroom must ensure a minimum area of 50 m²;

b) Number of classrooms must be adequately arranged for following subjects ‘Laws on Road traffic, Common structures and repairs, Driving techniques’, Transport profession, Driving ethics and traffic etiquette (can be shared with classrooms for Transport profession) ; A3, A4 class driver training institutions may share specialized classrooms;

a) Any driver training institution training from 500 learners and over must have at least two classrooms for ‘Laws on road traffic’ and two classrooms for ‘Driving techniques’; from 1,000 learners and over must have at least three classrooms for Laws on road traffic and three classrooms for ‘Driving techniques’;

c) A1, A2 class driver training institutions must have at least one common classroom for the subjects ‘Laws on road traffic’ and ‘Driving techniques’.

2. Classrooms for ‘Laws on road traffic’ must be equipped with:

a) Audiovisual equipment (screens, projectors), pictures of road sign system,  

b) Automobile or A3, A4 class driver training institutions each must have a computer-equipped classroom for ‘Laws on road traffic’ including a server, a printer and at least 10 computers, or 20 computers (for driver training institutions training from 500 learners and over), 30 computers (for training 1,000 learners and over). All computers are connected to the Internet, with software installed for learning and doing tests on theories transferred by Directorate for Roads of Vietnam.

3. Classrooms for Common structure and repairs:

a) Cutaway models of engines, transmission system; models of electricity system;

b) Photos or pictures of descriptive diagrams of structure and operating principles of engines, transmission system, suspension system, brakes, steering system;

4. Classrooms for Driving techniques:

a) Audio-visual media for teaching (tapes, discs, lights...);

b) Photos or descriptive pictures of basic driving movements (adjustments of driver seat, sitting positions, hand positions on a steering wheel...);

c) Model cars for practicing changing gears (can be arranged in a separate place);

5. Classrooms for Transport profession

a) Tabular and form system serving teaching professional competence in transport of goods and passengers;

b) Pictures of symbols and signs on packages of goods

6. Classrooms for Repairs and maintenance practices

a) Ventilation and lighting system, requirements for labor safety and hygiene ensured;

b) Floors ensured not to cause dust, no cracks and slipping;

c) Specialized instruments for repairs and maintenance;

d) Well-operating components: engine, transmission system, driving system, electricity system;

dd) Tables for assembly and disassembly, boards, desks, chairs for teaching and practices;

7. Management room

Notice boards (giving notifications of training programs, training progress, tables, chairs and necessary equipment for training management staff;

8. Instructors’ rooms in preparation for lessons (can be shared with management room)

Tables, chairs, boards, document cabinets and necessary teaching tools;

9. General requirements for driving instructors

a) Good personal morality;

b) Good health as prescribed;

c) Obtain Pedagogical Certificate except cases that have graduated from colleges or universities of pedagogy, colleges or universities of technical education;

10. Requirements for instructors (in charge of theory)

Apart from requirements as prescribed in Clause 9, this Article, following requirements must be satisfied:

a) Obtain intermediate diplomas and higher, computer skills from Level A and over;

b) Instructors of the subject Laws on road traffic must obtain driving license and instructors of the subject Driving techniques must obtain driving license corresponding to type of cars in training and over.

11. Requirements for instructors (in charge of practices)

Apart from requirements as prescribed in Clause 9, this Article, following requirements must be satisfied:

a) Obtain intermediate diplomas and over, or certificates of vocational skills (except instructors that obtain certificates of driving practice teaching);

b) Instructors of A1, A2, A3, A4 classes must obtain corresponding driving licenses. Instructors who teach automobile driving must obtain driving licenses corresponding to or higher than types of cars in training but not lower than B2 class; Driving practice period of instructors teaching B1, B2 classes must be from three years and over and instructors teaching C, D, E, F classes from five years and over.

c) Have passed driving instructor training under the program promulgated by Directorate for Roads of Vietnam and obtained driving instructor certificates according to forms as prescribed in Appendices 1a and 1b enclosed herewith;

12. Driving practice cars

a) Types of cars must be adequately provided in proportion to the amount of training specified in driver training licenses;

b) Cars must be owned by driver training institutions; Cars may be hired under a contract from one year and over with quantity not in excess of 50% of quantity of cars in the institution’s possession in proportion to A3, A4, B1, B2, C, D, E classes; Cars for FC class may be hired under a contract with duration and quantity in accordance with training demand;

c) Driver training institutions must have cars with automatic gearboxes in their possession or under contracts meeting requirements of training and program as prescribed;

d) Facilities carrying out driver training and driving tests may use driver testing cars for instructions but ensure practicing and training time before tests and testing plans of the Services of Transport; The time for using driver testing cars for instructions shall be confirmed by the Services of Transport that manage driver test centers;

dd) Trucks used to teach B1, B2 class drivers must have loading capacity from 1,000 kg and over with quantity not in excess of 30% of the institution’s total number of driving practice cars of the same class;

e) Have unexpired certificates of technical safety and environmental protection inspection of motor vehicles;

g) Have emergency brake system positioned next to instructor seat in a firm, safe and convenient way ensuring the system works well during the process;

h) Bodies must have firm roof and seats for learners;

i) Both sides or doors of cars including hired cars must display names of training institutions, immediately superior management agencies and contact phone numbers according to forms as prescribed in Appendix 2 enclosed herewith;

k) Cars must be attached with two signs “DRIVER TRAINING” as prescribed in Appendix 3 enclosed herewith;

l) Motor tricycles, small tractors with loading capacity up to 1,000 kg must be attached with two signs “DRIVER TRAINING” as prescribed in Appendix 3 enclosed herewith;

m) Have driving practice car licenses issued by Directorate for Roads of Vietnam or the Services of Transport when requirements as prescribed in Points b, c, d, dd, e, g, h, i, k, l of this Clause are met; Forms of licenses are prescribed in Appendix 4a and 4b enclosed herewith;

13. Driver training ground

a) Within driver training institutions’ rights to use If driver training ground is hired under a contract, contract duration must be equal or longer than validity period of driver training license;

b) Driver training institutions training from 1,000 learners and over must have at least two driver training grounds as prescribed;

c) Driver training ground must be adequately equipped with road signs and real-life situations according to training program; sizes of training figures must be in accordance with standards of driving test centers for each corresponding class;

d) Driver training ground must be constructed with a level and drainage system to ensure no flood occurs; Surface of road lanes and training figures must be spread with asphalt or cement concrete and painted with adequate road lines;

dd) Have lounges and seats for learners;

14. Minimum area of driver training ground

15. Driver training roads

Driver training roads as prescribed by Directorate for Roads of Vietnam or the Services of Transport must have adequate traffic situations in accordance with training program: level roads, narrow roads, sloping roads, by-pass roads, bridge crossing, roads in cities, district-level towns, commune-level towns Driver training road routes (including roads within administration divisions of other provinces and cities) must be specified in driving practice car licenses.

16. Determine amount of training

Based on conditions for classrooms, driver training ground, group of instructors and management apparatus, the amount of training for each class shall be determined by multiplying the number of driving practice cars (for such class) by the number of learners on a car and by coefficient 2. Number of learners for a practice session should not exceed training institutions’ capacity to meet number of training cars (for each class).

Article 6. Duties and authority of driver training institutions

1. Organize enrollment for classes accepted for training and ensure conditions for learners as prescribed in Article 8 hereof;

2. Sign and finalize training contracts with learners;

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

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

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

6. Register testing periods as prescribed;

7. Maintain and reinforce facilities for teaching, learning;

8. Store relevant documents and materials of training courses;

9. 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 5a, Appendix 5b enclosed herewith.

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

11. Collect and use training fees according to applicable regulations;

12. Carry out recruitment, management and organize training to enhance professional competence of instructors, meeting prescribed standards;

13. 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 6 enclosed herewith to testing administration authorities at least four working days prior to testing period; 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 7a, 7b, 7c and 8 enclosed herewith to testing administration authorities immediately after opening day for A3, A4 classes; no more than seven days after opening day for B1, B2, D, E, F classes and no more than 15 days after opening day for C class; reports must be affixed with the institution's stamp on adjoining edges of pages;

c) Report 1 shall be sent by post and transmitted through driving license information system to Directorate for Roads of Vietnam or the Services of Transport as prescribed; Head of testing administration board shall inspect and sign her/his name on each page.

Article 7. Documents serving training and management by driver training institutions

1. Driving teaching courses promulgated by Directorate for Roads of Vietnam;

2. Forms, books used by driver training institutions:

a) Training plan prescribed in Appendix 8 enclosed herewith;

b) Progress of training car drivers of all classes prescribed in Appendix 9 enclosed herewith;

c) Logbook of driving practices as prescribed in Appendix 10 enclosed herewith;

d) Registers, lesson plan register (theory and practice); register of primary-level certificates, training certificates to be issued as prescribed by the Ministry of Labor, Invalids and Social Affairs; 

3. Institutions training A4 class drivers shall use registers prescribed in Points c, d, Clause 2, this Article.

4. Institutions training A1, A2, A3 class drivers shall use lesson plan register (theory), lesson plan register (practice) and lists of learners registering driving tests.

5. Time of recordkeeping

a) Permanent for registers of primary-level certificates and training certificates to be issued;

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

c) Destruction of invalid documents (according to applicable regulations);

Section 2. LEARNERS

Article 8. Requirements for learners

1. As a Vietnamese citizen, foreigners who are eligible for residing, working or studying in Vietnam;

2. Minimum ages (to the time of attending tests), health and educational level as prescribed; those who need upgrading of driving licenses may learn in advance but must be old enough to attend tests as prescribed;

3. Those who learn to upgrade their driving licenses must obtain time and number of kilometers of safe driving as follows:

a) B1 class (automatic gear) upgraded to B1: at least one year and 12,000 kilometers of safe driving;

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

c) C, D, E classes to FC: at least one year of practising as a driver and at least 50,000 kilometers of safe driving;

d) B2 to C, C to D, D to E; B2, D, E to F: at least three years of practising as a driver and at least 50,000 kilometers of safe driving;

dd) B2 to D, C to E: at least five years of practising as a driver and 100,000 kilometers of safe driving;

4. Those who learn to upgrade their driving licenses to D, E classes must obtain lower secondary education degree and over.

Article 9. Forms of training

1. Learners who wish to be issued A1, A2, A3, B1 class licenses may learn theoretical subjects by themselves but must register with licensed training institution; 

2. Learners who wish to be issued B2, C, D, E and F class licenses must participate in intensive training courses at training institutions and must be examined for issuance of primary-level certificates or training certificates.

Article 10. Learners’ application

1. Learners as beginners must establish one set of application to be submitted to training institutions. The application includes:

a) Application form for learning, tests and issuance of driving licenses according to forms as prescribed in Appendix 11 enclosed herewith;

b) For Vietnamese persons, copy of ID card or unexpired passport; copy of unexpired passports for foreigners and overseas Vietnamese;

c) Health certificates issued by competent medical facilities as prescribed;

2. Learners who wish to upgrade their licenses must establish one set of application to be submitted to training institutions; The application includes:

a) Documents as prescribed in Clause 1, this Article;

b) Written declaration of the time of practising as a driver and number of kilometers of safe driving according to forms prescribed in Appendix 12 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 for participation in tests);

d) Copy of driving licenses (original is required for participation in tests);

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

Section 3. DRIVER TRAINING MANAGEMENT

Article 11. Directorate for Roads of Vietnam 

1. Directorate for Roads of Vietnam is assigned by the Ministry of Transport to manage and unify driver training across the country.

2. Establish planning for training to be submitted to the Ministry of Transport for promulgation; establish training program, forms, records, books to serve the training;

3. Carry out inspection and investigation into driver training management

4. Promulgate training curriculum and guidelines for uniform implementation across the country;

5. Re-issue automobile driving licenses; issue driving instructor certificates, driving practice car licenses to training institutions managed by Directorate for Roads of Vietnam;

6. Promulgate training program and content; organize training and issuance of advanced driving instructor certificates according to forms prescribed in Appendix 1c enclosed herewith to the group of driving instructors across the country;

7. 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 12 hereof;

Article 12. The Service of Transport 

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

2. Approve policies on investment and construction of new driver training institutions on the basis of the Ministry of Transport’s planning.

3. Carry out regular or irregular inspection and supervision of the tasks of driver training and issuance of certificates performed by training institutions;

4. Issue, re-issue driver training licenses to training institutions, deliver copy of issued driver training licenses (accompanied by written records of inspection of training institutions) to Directorate for Roads of Vietnam;

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

6. Store following documents:

a) List of driver training instructors according to forms prescribed in Appendix 13c enclosed herewith;

b) Logbook on issuance of driving practice car licenses according to forms in Appendix 13đ enclosed herewith;

c) inspection record for training institutions

Article 13. Procedures on issuance of driving instructor certificates

1. Individuals or training institutions must deliver one application in person or by post or any other appropriate means to the Services of Transport or Directorate for Roads of Vietnam.  The application includes:

a) Application form according to forms in Appendix 13a enclosed herewith;

b) Driving license (copy accompanied by originals for comparison or certified true copy);

c) Intermediate diploma and higher or certificate in vocational skills (copy accompanied by originals for comparison or certified true copy);

d) Health certificates issued by medical facilities as prescribed;

dd) Pedagogical Certificate (copy accompanied by originals for comparison or certified true copy);

e) Two 3cmx4cm photos with light green backgrounds (the same type as ID cards);

g) List of instructors requesting issuance of driving instructor certificates;

2. The Services of Transport or Directorate for Roads of Vietnam shall receive applications from individuals or applications and lists established by training institutions as prescribed in Appendix 13b enclosed herewith; organize inspection and training.  In case an individual is unqualified, the Services of Transport or Directorate for Roads of Vietnam must issue a written notice on which proper reasons must be specified.

Within three working days since training result is achieved, the Services of Transport or Directorate for Roads of Vietnam shall issue driving instructor certificate and record in the logbook according to forms in Appendix 13c enclosed herewith.

3. Validity period of a driving instructor certificate is five years; Applications and procedures on re-issuance of driving instructor certificate upon expiration are prescribed in Points a, b, d, Clauses 1 and 2, this Article.

4. In case a driver training instructor moves to a new training institution, the Services of Transport or Directorate for Roads of Vietnam shall recover old driving instructor certificate and re-issue the new one bearing name of new training institution and record in the logbook according to forms in Appendix 13c enclosed herewith; make notice to the agency that issued the certificate.

Article 14. Procedures on issuance of driving practice car licenses

1. Individuals or training institutions should deliver one application in person or by post or any other appropriate means to the Services of Transport or Directorate for Roads of Vietnam.  The application includes:

a) List of cars proposed for issuance of licenses according to forms in Appendix 13d enclosed herewith;

b) Application for issuance of driving practice car licenses includes a copy of vehicle registration certificate, copy of unexpired technical safety and environmental protection inspection certificate for road motor cars, copy of unexpired civil liability insurance certificate.

2. Within three working days since receipt of application as prescribed, pursuant to result of inspection, the Services of Transport or Directorate for Roads of Vietnam shall issue training practice car licenses to training institutions according to forms in Appendices 4a and 4b enclosed herewith. Validity period of licenses is equal to permissible period of circulation of driving practice cars. A written notice accompanied by proper reasons must be issued in case the issuance of license can not be made.

3. Re-issuance of driving practice cars upon expiration is prescribed in Clauses 1 and 2, this Article.

Article 15. Procedures on re-issuance of car driver training licenses

1. Organizations and individuals that have demands may establish one set of application for approval for policies on construction of a new driver training institution and make the submission in person or by post or any other appropriate means to the Services of Transport. The application includes:

a) Application form;

b) Construction project specifying location, area, scale, amount of training, number of instructors, number of vehicles of the training institution;

c) Written approval issued by local land management bodies for construction of the training institution.

2. Sequence of consideration and handling of application:

a) In case application is found inadequate as prescribed, within two working days since receipt of application, the Services of Transport shall provide written instruction to organizations or individuals;

b) Within ten working days since receipt of application as prescribed, based on actual demands for training in localities and the Ministry of Transport’s planning for training institutions, the Services of Transport shall consider and issue a written approval for the policies to organizations and individuals. A written notice must be issued with proper reasons specified in case the issuance of approval can not be made.

3. Organizations and individuals that are granted the policies shall carry out the construction and fulfillment of technical standards, professional competence of driver training institutions, deliver one (01) set of application for issuance of new driver training license in person or by post to the Services of Transport. The application includes:

a) An official dispatch accompanied by written request for issuance of driver training license according to forms in Appendix 14 enclosed herewith;

b) Copy of the written approval for construction of driver training institution issued by the Services of Transport;

c) Establishment decision for vocational education institutions that function as a driver training institutions issued by competent agencies (copy accompanied by originals for comparison or certified true copy);

d) Unexpired driving instructor certificate (copy accompanied by originals for comparison or certified true copy)

dd) Vehicle registration certificate (certified true copy or copy accompanied by originals for comparison); certificate of technical safety and environmental protection inspection for road motor cars (copy); driving practice car license (copy);  

4. The Services of Transport shall carry out consideration of the application for issuance of driver training license as follows:

a) In case application is found inadequate as prescribed, within two working days since receipt of application, the Services of Transport shall provide written instruction to organizations or individuals;

b) Within ten working days since receipt of application as prescribed, the Services of Transport shall preside over and cooperate with local vocational training management bodies in organizing physical inspection of training institutions, establish written records according to forms in Appendix 15a enclosed herewith;

c) Within five working days since the end of inspection, if all requirements are met, the Services of Transport shall issue driver training licenses to training institutions. A written notice must be issued with proper reasons specified in case the issuance of license can not be made.

Article 16. Procedures on re-issuance of driver training licenses

1. Driver training licenses shall be re-issued when old licenses expire or adjustments are made to driving practice car types or amount of training.

2. Application for re-issuance of driver training licenses when old licenses expire or adjustments are made to driving practice car types or amount of training.

The training institution shall deliver one set of application in person or by post to the Services of Transport or Directorate for Roads of Vietnam.  Components of the application are prescribed in Points a, d, dd, Clause 3, Article 15 hereof (only changes against previous license are supplemented)

3. Within five working days since receipt of application as prescribed, the Services of Transport or Directorate for Roads of Vietnam shall cooperate with vocational training management bodies in organizing physical inspection of training institutions, establish written records according to forms in Appendix 15b enclosed herewith;

4. Within three working days since the end of inspection, the Services of Transport or Directorate for Roads of Vietnam shall re-issue driver training licenses to training institutions. A written notice must be issued with proper reasons specified in case the issuance of license can not be made.

5. Applications shall be received and results returned in person through the agency office or by post or any appropriate means.

Article 17. Procedures on issuance of new driver training licenses for A1, A2, A3 and A4 classes

1. The training institution shall deliver one set of application in person or by post to the Services of Transport.  The application includes:

a) An official dispatch accompanied by written request for issuance of driver training license according to forms in Appendix 14 enclosed herewith;

b) Establishment decision for vocational education institutions that function as a driver training institutions issued by competent agencies (certified true copy or copy accompanied by originals)

c) Driving instructor certificate (copy);

d) Driving practice car licenses for A3, A4 (copy)

2. Within five working days since receipt of application as prescribed, the Services of Transport shall organize physical inspection of training institutions, establish written records according to forms in Appendix 16 enclosed herewith;

3. Within five working days since the end of inspection, the Services of Transport shall issue driver training licenses to training institutions. A written notice must be issued with proper reasons specified in case the issuance of license can not be made.

Article 18. Procedures on re-issuance of driver training licenses for A1, A2, A3 and A4 classes

1. 15 days before driver training license expires, the training institution should deliver one set of application for re-issuance of the license in person or by post to the Services of Transport.  The application includes:

a) Official dispatch accompanied by a written request for re-issuance of driver training license according to forms in Appendix 14 enclosed herewith;

b) Driving instructor certificate (copy) (only changes against previous license are supplemented);

c) Copy of driving practice car licenses for A3, A4 classes (only changes against previous license are supplemented);

2. Within three working days since receipt of application as prescribed, the Services of Transport shall organize physical inspection of training institutions and establish written records according to forms in Appendix 16 enclosed herewith;

3. Within five working days since the end of inspection, the Services of Transport shall re-issue driver training licenses to training institutions. A written notice must be issued with proper reasons specified in case the issuance of license can not be made.

Article 19. Driver training licenses

1. Driver training licenses (See forms in Appendices 17a and 17b enclosed herewith);

2. Validity period driver training license is five years.