Chương II: 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 Sát hạch lái xe

Chapter II

DRIVING TESTS

Section 1. DRIVING TEST CENTERS

Article 26. Driving test centers

1. Driving test centers are built according to National technical regulation appropriate to the planning approved by the Ministry of Transport and are classified as follows:

a) Driving test centers (Class 1): Organizing tests for all license classes

b) Driving test centers (Class 2): Organizing tests for license classes from B1 to C;

c) Driving test centers (Class 3): Organizing tests for license classes to A4;

2. On the basis of requests from People’s committees of provinces, construction of driving test centers (Class 1, Class 2) or upgrading from Class 2 to Class 1 must be approved by Directorate for Roads of Vietnam. Construction of driving test centers (Class 3) or upgrading from practicing yards shall be considered and decided by the Services of Transport.

3. Directorate for Roads of Vietnam shall preside over and organize inspection and issuance of certificates for driving test centers (Class 1, Class 2) qualified for operation according to forms in Appendix 18a enclosed herewith. The Services of Transport shall organize inspection and issuance of certificates for driving test centers (Class 3) qualified for operation according to forms in Appendix 18b enclosed herewith.

4. Validity period of certificates for driving test centers (Class 1, Class 2 and Class 3) is five years. 30 days before the certificate expires or during the operation, in case of any changes concerning test software, marking equipment, types and number of driving test cars, the driving test center should make written request for re-issuance of the certificate.

Article 27. Procedures on re-issuance of certificates for driving test centers (Class 1 and Class 2)

1. Approval for policies

a) Organizations and individuals that have demands should deliver a summary report on the construction plan in person or by post or by any other appropriate means to People’s committees of provinces.

b) Upon requests from People’s committees of provinces and based on the planning approved by the Ministry of Transport, after three working days since receipt of the report, Directorate for Roads of Vietnam shall issue a written approval for the policies on the construction of the driving test center to People’s committees and relevant organizations, individuals. A written notice should also be issued with proper reasons specified in case an approval can not be made.

2. Approval for general layout plan:

a) Organizations, individuals should deliver a written request accompanied by three sets of application in person or by post to the Services of Transport. The application includes feasibility study, general layout plan drawing, certified true copy of construction permit, test diagram engineering dossiers, written declaration of motor car types used for tests and automatic marking equipment;

b) Within five working days since receipt of application as prescribed, the Services of Transport shall deliver three sets of application and a written request to Directorate for Roads of Vietnam for granting approval for general layout plan.

c) Within five working days since receipt of application as prescribed, Directorate for Roads of Vietnam shall issue a written approval to the Services of Transport and organizations and individuals. 3. Inspection and issuance of certificates:

a) After the construction is completed, the driving test center should deliver a written request to the Services of Transport for inspection and issuance of the certificate for driving test centers qualified for operation;

b) Within ten working days since receipt of the written request, the Services of Transport shall carry out inspection and deliver a written request to Directorate for Roads of Vietnam for inspection and issuance of certificates for driving test centers qualified for operation. c) Within 15 working days since receipt of the written request, Directorate for Roads of Vietnam shall carry out inspection and issuance of certificates.

Article 28. Procedures on re-issuance of certificates for driving test centers (Class 3)

1. Organizations and individuals that have demands should deliver a written request in person or by post to the Services of Transport for granting approval for the policies on the construction of driving test centers (Class 3).

2. After three working days, the Services of Transport shall review and grant a written approval for the policies on the construction of driving test centers (Class 3) to organizations or individuals. A written notice should also be issued with proper reasons specified in case an approval can not be made.

3. After the construction is completed, organizations or individuals should deliver a written request enclosed with an application to the Services of Transport for issuance of certificates for driving test centers qualified for operation. The application includes a written approval for policies, feasibility study, certified true copy of construction permit, general layout plan drawing, test diagram engineering dossiers and types of motor cars used for tests.

4. Within five working days since receipt of application as prescribed, the Services of Transport shall organize inspection and issuance of certificates; A written notice must be issued with proper reasons specified in case the issuance of certificates can not be made.

Article 29. Procedures on re-issuance of certificates for driving test centers

1. Driving test centers (Class 1, Class 2)

a) Driving test centers shall deliver a written request in person or by post to Directorate for Roads of Vietnam for re-issuance of certificates for driving test centers;

b) Within 15 working days since receipt of the written request, Directorate for Roads of Vietnam shall cooperate with the Services of Transport in organizing inspection and re-issuance of certificates. A written notice must be issued with proper reasons specified in case the issuance of certificates can not be made.

2. Driving test centers (Class 3)

a) Driving test centers shall deliver a written request in person or by post to the Services of Transport for re-issuance of certificates for driving test centers qualified for operation;

b) Within 05 working days since receipt of the written request, the Services of Transport shall carry out inspection and re-issuance of certificates. A written notice must be issued with proper reasons specified in case the issuance of certificates can not be made.

Section 30. 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 Services of Transport and Directorate for Roads of Vietnam in case the equipment, vehicles used for the tests malfunction or need changing.

2. Investment in motor cars used for driving tests should meet following requirements:

a) Cars used for driving tests must be owned by organizations or individuals that have a driving test center; accompanied by unexpired certificates of technical safety and environmental protection inspection for motor cars, unexpired certificates of civil liability insurance and installed with a secondary brake system as prescribed. Cars used for FC class tests may be hired under a contract with time limit and quantity appropriate to test demands; 

b) Cars used for driving tests must meet requirements for traffic participation as prescribed by the Law on road traffic; installed with a secondary brake system positioned next to the examiner’s seat in a firm, convenient, safe and effective way during the operation; Cars may be hired under a contract for a term of one year and over with quantity not in excess of 50% of the number of the cars of the same class currently owned by organizations or individuals that have a driving test center; attached with two "CAR FOR DRIVING TEST" plates according to forms in Appendix 3 enclosed herewith.

3. 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.

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

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

6. Ensure safety for driving tests; cooperate with relevant agencies, organizations in handling any issue arising.

7. Carry out reporting and publish test calendars on the portal of the center, store and keep test results as prescribed.

8. Connect information network to Directorate for Roads of Vietnam and the Services of Transport;

Section 2. Test candidates

Article 31. Application for sitting tests

1. For persons as first candidates

Driver training institutions shall deliver a set of application in person to Directorate for Roads of Vietnam or the Services of Transport. The application includes:

a) Documents as prescribed in Clause 1, Article 10 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. For candidates who need enhancement to B1, B2, C, D, E and F classes, the training institution shall establish and deliver one set of application in person to Directorate for Roads of Vietnam or the Service of Transport. The application includes:

a) Documents as prescribed in Clause 2, Article 10 hereof;

b) Primary-level certificates or class enhancement training certificates;

c) List of candidates proposed by driver training institutions

3. Candidates who request re-issuance of driver licenses due to expiration of their previous licenses should deliver one set of application in person to Directorate for Roads of Vietnam or the Service of Transport. The application includes:

a) Documents as prescribed in Points b, c, Clause 1, Article 10 hereof;

b) Written request for renewal or re-issuance of licenses according to forms in Appendix 27 enclosed herewith;

c) Copy of the permit that expires

4. Candidates who lost their licenses should deliver one set of application in person to Directorate for Roads of Vietnam or the Service of Transport. The application includes:

a) Documents as prescribed in Point b, Clause 1, Article 10 hereof;

b) Written request for renewal, re-issuance of driving licenses according to forms in Appendix 27 enclosed herewith;

c) Original application for driving licenses being lost (if any)

Article 32. Reservation of driving test results

Candidates may reserve satisfactory results of previous test once in a year. Application for sitting driving tests is prescribed in Article 31 hereof including a written confirmation on absence or failure in the previous test by previous Council or Team of examiners.

Section 3. Driving test process

Article 33. Content and process of driving tests

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 licenses in urban areas from second class and over must be organized in test centers qualified for operation; in other areas, driving tests may be organized in test yards which accommodate basic work items, theoretical test rooms, test yards and motor cars used for tests in accordance with National technical regulation on driving test centers.

3. Content of driving tests

a) 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 from B2 class and over).

Candidates who sit tests for A1 class licenses and have obtained 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:

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

Candidates must follow sequence and control their cars through the test lessons as arranged in the test center such as depart, give way to pedestrians, stop and start the car on the slope, drive through cross-roads with traffic lights, winding roads, pull over at a parking position (vertical position for B1, B2 and C classes; and horizontal position for B1, B2, D and E classes), make a temporary stop where a railway crosses, manipulate the car in case of dangerous situations, change gears on flat roads, ending;

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

Candidates move through a diagram with five standard piles and return;

e) Practical tests through situational diagrams for FC class

Candidates control their cars through two test lessons: move through a diagram with five standard piles and return; and pull over in a horizontal position;

g) Practical tests on roads: 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:

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

b) Theory tests for A1 class in urban areas from Class 2 and over shall be carried out on computers; in other areas, theory tests may be carried out on papers or computers; cameras are set up to monitor the tests;

c) Practical tests through diagrams for A1, A2 classes in urban areas from Class 3 and over shall be carried out in test centers with automatic marking equipment;

d) Practical tests through diagrams for F class shall be carried out in test centers or test yards which have adequate conditions;

dd) Practical tests through diagrams for B1, B2, C, D, E classes in test centers with automatic marking equipment and without examiners;

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

g) Practical tests on roads for B1, B2, C, D, and E classes must be carried out with an automatic marking equipment and an examiner.

5. Directorate for Roads of Vietnam shall provide specific guidance on the tests and issue driving licenses as prescribed.

Article 34. Preparation for driving tests

Testing administration board shall carry out following duties:

1. Tests for A1, A2 classes:

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

b) Examine candidates’ applications as prescribed in Articles 31 and 32 hereof;

c) Make submission to General Director of Directorate for Roads of Vietnam or director of the Services of Transport for decision on organization of driving tests; establish a testing or supervisory team (if any).

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

a) Receive registration for tests, list of learners (report 1), list of granted licenses proposed for verification sent by training institutions according to forms in Appendices 7a, 7b and 7c enclosed herewith;

b) Receive written requests for organization of tests, list of candidates (report 2), list of granted licenses proposed for verification sent by training institutions according to forms in Appendices 7a, 7b and 7c enclosed herewith; Report 2 is sent by post and transmitted through the driving license information system to Directorate for Roads of Vietnam or the Services of Transport seven working days before the test;

c) Examine candidates’ applications for issuance of A3, A4, B1, B2, C, D, E and F as prescribed in Article 31, Article 32 hereof. Candidates must have their names in the list of learners (Report 1), list of candidates (Report 2) and a written verification of granted licenses (in case of class enhancement);

Persons who are assigned to examine candidates’ applications must cooperate with training institutions in establishing written records of examination as prescribed in Appendix 19c enclosed herewith;

d) Provide a testing plan and make notifications to training institutions and candidates;

dd) Make submission to General Director of Directorate for Roads of Vietnam or director of the Services of Transport for decision on organization of driving tests; establish testing council, testing team or supervisory team (if any) according to forms in Appendix 20a enclosed herewith accompanied by the list of candidates according to forms in Appendices 20a, 20c enclosed herewith.

3. Tests for re-issuance of licenses because of being over-dated or lost:

a) Check and examine requirements as prescribed, establish the list of candidates according to forms in Appendix 21 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.

b) 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);

c) Localities without driving test centers (Class 1, Class 2) may organize theory tests according to exam questions or test software transferred by Directorate for Roads of Vietnam; if both practical and theory tests are required, such tests must be organized in driving test centers belonging to other localities as prescribed;

Article 35. Testing council

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

a) When working, the council must include at least two-thirds of its members decided by majority;

b) The testing council shall be dissolved by when tests are completed.

2. Composition of the Testing council

a) Chairman of the council is head of the Services of Transport or representative of the testing administration board, having driving license, knowledge about training, testing and issuance of driving licenses authorized by director of the Services of Transport or General Director of Directorate for Roads of Vietnam;

b) Its members include directors of driving test centers, heads of training institutions, heads of testing team and a secretary hold by people from the testing administration board affiliated to the Services of Transport or Directorate for Roads of Vietnam;

3. Responsibility of the Testing council

a) Direct inspection and completion of conditions for organization of driving tests;

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

c) Provide guidance on rules and regulations on tests, test fees and charges, issuance of driving licenses and other necessary provisions to examiners and candidates;

d) Organize tests as prescribed;

dd) Document (record) and handle violations of the test within authority and make the report to competent agencies;

e) Request training institution and candidate to make compensations for any loss caused by accident (caused by candidates) during diagram tests;

g) Compile test results and countersign the written record;

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

Article 36. Testing Team

1. The Testing team is established by General Director of Directorate for Roads of Vietnam or director of the Services of Transport.

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

b) The testing council shall be dissolved by itself when tests are completed.

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 Services of Transport or Directorate for Roads of Vietnam;  

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 three straight years and are not allowed to test learners from the training institution.

3. Standards of examiners

a) Good ethics;

b) Have college degrees and over Examiners who have had cards before this Circular takes effect should meet the standards after five years if they currently fail to meet the standards;

c) Have a driving license in proportion to test cars for at least three years;

d) Receive professional competence of tests and be granted Examiner’s Card by Directorate for Roads of Vietnam;

4. Validity period of Examiner’s Card is three years according to forms in Appendix 22 enclosed herewith.

5. Responsibility of the Testing team

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

b) Request candidates to comply with test rules and regulations and do not let unauthorized people enter theory test rooms or test yards;

c) Establish written records and handle violations of rules within duties and authority or make report to the Testing council;

d) Carry out tests and report results to the testing council or testing administration board (for A1, A2 class tests);

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

e) Upon doing duties, examiners should wear uniforms as instructed by Directorate for Roads of Vietnam.

Article 37. Sequence of organization of tests

1. Testing council’s meeting and test opening ceremony

a) Before the test is organized, chairman 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. Test content and process

3. End of test

a) For A3, A4, B1, B2, C, D, E and F class tests, chairman 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. Chairman of the testing council shall sign and affix seal on the written record of general result of a successful candidate according to forms prescribed in Appendix 23a enclosed herewith;

a) 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) through 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 general result of a successful candidate according to forms prescribed in Appendix 23b enclosed herewith;

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

Article 38. Test supervision

1. Based on actual circumstances, Directorate for Roads of Vietnam and the Services of Transport shall organize the test unexpectedly.

2. Test supervisors are investigating officials from Directorate for Roads of Vietnam or inspectors, investigating officials from the Services of Transport. Number of supervisors for bike rider tests is two, for car driver tests three one inspector of which is appointed as head.

3. When doing duties as an supervisor, the supervisor should wear uniforms as prescribed.

4. Responsibility of the supervisory team in the test centers with marking equipment installed:

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

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

c) Supervise to make sure whether road routes for practical tests are correct or not; monitor and collect test-related information;

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

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

Supervise preparation for theory test questions as prescribed apart from the duties as prescribed in Points a, b, d, Clause 4, this Article.

6. Authority of the supervisory team

a) Upon detection of violations, make requests to the Testing council, team for handling as prescribed;

b) Make report to General Director of Directorate for Roads of Vietnam or director of the Services of Transport for consideration and handling.

7. At the end of test, head of the supervisory team shall make a written report on test results to Directorate for Roads of Vietnam or director of the Services of Transport.

Article 39. Recognition of test results

Testing administration board shall check and compile results and make the submission to General Director of Directorate for Road of Vietnam or director of the Services of Transport for making decision on recognition of wining results accompanied by the list of successful candidates to be granted driving licenses according to forms in Appendices 24a and 24b enclosed herewith.

Article 40. 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;

b) List of candidates being absent or failing in the test;

i) Decisions on recognition of winners;

k) List of successful candidates to be granted driving licenses;

l) Other test-related documents

2. Training institutions shall keep test documents including:

a) Documents as stated in Points a, b, c, d, g, h, i, k, Clause 1, this Article;

b) Keep and preserve theory test papers and written record of diagram, road practical tests performed by individual candidates in each test.

3. The test centers shall keep records of tests including:

a) Documents as stated in Points d and g, Clause 1, this Article;

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 monitoring;

4. Candidates should keep their own driving records.

5. Record keeping period

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

b) Five (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;

c) 01 year with respect to documents prescribed in Point dd, Clause 3, this Article;

d) Two (02) years with respect to graduation tests at the end of the course and other documents;

dd) Destruction of invalid documents shall be carried out as prescribed.