Phần III: 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, cấp giấy phép lái xe
Số hiệu: | 58/2015/TT-BGTVT | Loại văn bản: | Thông tư |
Nơi ban hành: | Bộ Giao thông vận tải | Người ký: | Đinh La Thăng |
Ngày ban hành: | 20/10/2015 | Ngày hiệu lực: | 01/01/2016 |
Ngày công báo: | 04/11/2015 | Số công báo: | Từ số 1081 đến số 1082 |
Lĩnh vực: | Giao thông - Vận tải | Tình trạng: |
Hết hiệu lực
01/06/2017 |
TÓM TẮT VĂN BẢN
Thông tư 58/2015/TT-BGTVT về đào tạo, sách hạch, cấp giấy phép lái xe cơ giới đường bộ với các nội dung quan trọng như: quản lý, chương trình đào tạo; hệ thống giấy phép lái xe; quản lý, sát hạch, cấp giấy phép; đào tạo, sát hạch các trường hợp đặc thù,.. được ban hành ngày 20/10/2015.
1. Đào tạo lái xe cơ giới đường bộ
- Cơ sở đào tạo lái xe do cơ quan có thẩm quyền thành lập, có chức năng đào tạo lái xe và đáp ứng các tiêu chuẩn kỹ thuật, nghiệp vụ chuyên môn theo quy định tại Thông tư 58. Cơ sở đào tạo lái xe ô tô phải phù hợp quy hoạch của Bộ Giao thông vận tải.
- Người học lái xe phải đủ tuổi (tính đến ngày dự sát hạch lái xe), sức khỏe, trình độ văn hóa theo quy định; đối với người học để nâng hạng giấy phép lái xe, có thể học trước nhưng chỉ được dự sát hạch khi đủ tuổi theo quy định.
-Thời gian đào tạo hạng A3, A4: 80 giờ (lý thuyết: 40, thực hành lái xe: 40).
- Thời gian đào tạo Hạng B1 quy định tại Thông tư số 58/2015/BGTVT về cấp giấy phép lái xe cơ giới:
+Xe số tự động: 476 giờ (lý thuyết: 136, thực hành lái xe: 340);
+Xe số cơ khí (số sàn): 556 giờ (lý thuyết: 136, thực hành lái xe: 420);
2. Sát hạch, cấp giấy phép lái xe
- Hạng giấy phép lái xe sử dụng cho người lái xe ô tô khách giường nằm, xe ô tô khách thành phố (sử dụng để kinh doanh vận tải hành khách bằng xe buýt) thực hiện theo quy định tại khoản 9 và khoản 10 Điều 24 Thông tư 58/2015/TT-BGTVT về giấy phép lái xe. Số chỗ ngồi trên xe được tính theo số chỗ trên xe ô tô khách cùng kiểu loại hoặc xe ô tô có kích thước giới hạn tương đương chỉ bố trí ghế ngồi.
- Kiểm tra, cấp giấy chứng nhận trung tâm sát hạch lái xe loại 1, loại 2 quy định tại Thông tư 58/2015
+ Sau khi xây dựng xong, trung tâm sát hạch lái xe gửi văn bản đề nghị Sở Giao thông vận tải kiểm tra, cấp giấy chứng nhận trung tâm sát hạch lái xe đủ điều kiện hoạt động;
+ Trong thời gian không quá 10 ngày làm việc, kể từ ngày nhận văn bản đề nghị chứng nhận trung tâm sát hạch, Sở Giao thông vận tải kiểm tra, có văn bản đề nghị Tổng cục Đường bộ Việt Nam kiểm tra, cấp giấy chứng nhận trung tâm sát hạch lái xe đủ điều kiện hoạt động. Trường hợp không đề nghị phải trả lời tổ chức, cá nhân bằng văn bản và nêu rõ lý do;
+ Trong thời gian không quá 15 ngày làm việc, kể từ ngày nhận văn bản đề nghị chứng nhận trung tâm sát hạch, Tổng cục Đường bộ Việt Nam tổ chức kiểm tra, cấp giấy chứng nhận. Trường hợp không cấp giấy chứng nhận phải trả lời bằng văn bản và nêu rõ lý do.
Thông tư 58 còn quy định việc đào tạo, sát hạch đối với một số trường hợp đặc thù; cơ sở đào tạo lái xe; chương trình đào tạo lái xe; hệ thống giấy phép lái xe; quản lý sát hạch, cấp giấy phép lái xe. Thông tư số 58/BGTVT có hiệu lực từ ngày 01/01/2016.
Văn bản tiếng việt
Văn bản tiếng anh
Part III
TESTS AND ISSUANCE OF DRIVER LICENSES
Chapter I
DRIVER LICENSE SYSTEM
Article 24. Classification of driver licenses
1. A1 class licenses issued to:
a) Persons controlling two-wheeled bikes with cylinder volume from 50 cm3 to less than 175 cm3;
b) Disabled controlling motor tricycles intended for the disabled;
2. A2 class licenses issued to persons controlling two-wheeled bikes with cylinder volume from 175 to cm3 and over and other types of vehicles intended for A1 class.
3. A3 class licenses issued to persons controlling motor tricycles, vehicles intended for A1 class and similar vehicles
4. A4 class licenses issued to persons controlling small tractors with loading capacity up to 1,000 kg;
5. B1 class (automatic transmission) issued to persons who do not practice as a driver for controlling following types of cars:
a) Automatic transmission 9-seat cars including driver seat;
b) Trucks, including special use trucks (automatic transmission) with design loading capacity less than 3,500 kg.
6. B1 class licenses issued to persons who do not practice as a driver for controlling following types of cars:
a) 9-seat cars including driver seat;
b) Trucks, including special use trucks with design loading capacity less than 3,500 kg;
c) Tractors hauling a trailer with design loading capacity less than 3,500 kg;
7. B2 class licenses issued to persons who practice as a driver for controlling following types of cars:
a) Special use cars with design loading capacity less than 3,500 kg;
b) Cars intended for B1 class
8. C class licenses issued to drivers controlling following types of cars:
a) Trucks, including special use trucks, cars with design loading capacity from 3,500 kg and over;
b) Tractors hauling a trailer with design loading capacity from 3,500 kg and over;
c) Cars intended for B1, B2 classes
9. D class licenses issued to drivers controlling following types of cars:
a) 10 to 30-seat cars including driver seat;
b) Cars intended for B1, B2 and C classes
10. E class licenses issued to drivers controlling following types of cars:
a) Cars from 30 seats and over;
b) Cars intended for B1, B2, C and D classes
11. Persons who have obtained B1, B2, C, D and E class licenses may haul another trailer with design loading capacity no more than 750 kg when controlling respective types of cars.
12. Issuance of F class licenses to persons who have obtained B2, C, D and E class licenses for controlling respective types of cars hauling another trailer with design loading capacity more than 750 kg, semi-trailer, articulated buses is prescribed as follows:
a) FB2 class issued to drivers for controlling B2 class cars hauling another trailer and may control types of cars intended for B1 and B2 classes.
b) FC class issued to drivers for controlling C class cars hauling another trailer, semi-trailer trucks and may control types of cars intended for B1, B2, C and FB2 classes;
c) FD class licenses issued to drivers for controlling D class cars hauling another trailer and may control types of cars intended for B1, B2, C, D and FB2 classes;
d) FE class licenses issued to drivers for controlling E class cars hauling another trailer and may control articulated buses and types of cars intended for B1, B2, C, D, E, FB2 and FD classes;
13. License classes for drivers controlling sleeper buses, city passenger buses (used for transport business) are prescribed in Clause 9 and 10 hereof.
Article 25. Validity period of driver licenses
1. For A1, A2, A3 class licenses, validity period is permanent
2. For B1 class licenses, validity period shall expire when drivers reach 50 (female) and 60 (male); If drivers are over 45 (female) and over 50 (male), validity period is 10 years since the date of issuance.
3. For A4, B2 class licenses, validity period is 10 years since the date of issuance.
4. For C, D, E, FB2, FC, FD, FE class licenses, validity period is five years since the date of issuance.
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.
Chapter IV
MANAGEMENT OF TESTS AND ISSUANCE OF DRIVING LICENSES
Article 41. Agencies charged with management of tests and issuance of driving licenses
1. Directorate for Roads of Vietnam is assigned by the Ministry of Transport to manage tests and issue driving licenses across the country.
2. Department of vehicle and driver management affiliated to Directorate for Roads of Vietnam shall perform functions and duties of the testing administration board affiliated to Directorate for Roads of Vietnam.
3. The Services of Transport shall be responsible for managing tests and issuing driving licenses within central-affiliated cities and provinces.
4. Offices tasked with managing driver training, driving tests, and issuance of driving licenses affiliated to the Services of Transport shall perform functions and duties of the testing administration affiliated to the Services of Transport.
Article 42. Responsibility of testing administration board affiliated to Directorate for Roads of Vietnam
1. 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 across the country.
2. 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 (if any) to competent agencies for handling according to applicable regulations.
3. Study application of information technology to organization and management of tests, issuance of driving licenses; establish an information network linking the testing administration board with test centers, testing administration board affiliated to the Services of Transport and driver training institutions.
4. Act as an advisor for General Director of Directorate for Roads of Vietnam
a) Direct organization and implementation of driver training, driving tests, and issuance of driving licenses across the country;
b) Provide guidance on professional knowledge about construction of test centers;
c) Develop and provide guidance on professional knowledge about renewal of driving licenses to the Services of Transport;
d) Provide guidance on professional knowledge, instruct and supervise calibration of means and facilities of test centers as prescribed;
dd) Provide instruction and professional inspection of the testing administration board affiliated to the Services of Transport;
e) 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 administration board affiliated to Directorate for Roads of Vietnam;
g) Organize tests, issue driving licenses to learners at training institutions as assigned by the Ministry of Transport;
5. Receive and process information about renewal of driving licenses transferred by the Services 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;
6. Update driver’s violations to the driving license information system;
7. Perform other duties concerning testing and issuance of driving licenses as assigned by General Director of Directorate for Roads of Vietnam;
8. Publish on the portal of Directorate for Roads of Vietnam schedules and locations for organizing tests in the following month before 25th of the preceding month.
Article 43. Responsibility of testing administration board affiliated to the Services of Transport
1. Act as an advisor for director of the Services of Transport:
a) 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;
b) Establish a plan for training demands, perform management and storage of records of examiners belonging to the testing administration board;
c) Direct construction and management of activities of local test centers;
d) Develop connecting information network with local test centers, training institutions and Directorate for Roads of Vietnam;
dd) Develop implementation of public services regarding renewal of driving licenses;
e) Organize tests for learners at driver training institutions managed by the Services of Transport; In case tests are organized in test centers beyond management, the testing administration board shall make selections to have an appropriate testing plan;
2. Receive and process information about renewal, re-issuance of driving licenses transferred by the Directorate for Roads of Vietnam or other Service of Transport; organize renewal, re-issuance of driving licenses to drivers who have demands.
3. Update driver’s violations to the driving license information system;
4. Perform other duties concerning testing and issuance of driving licenses as assigned by director of the Services of Transport;
5. Publish on the portal of the Services of Transport schedules and locations for organizing tests in the following month before 25th of the preceding month.
Article 44. Driving license form
1. Driving license forms are prescribed in Appendix 25 enclosed herewith.
2. Directorate for Roads of Vietnam shall issue, instruct and manage use of licenses across the country.
Article 45. Use and management of driving licenses
1. Every single person is granted at least one (01) license management number;
2. Every single person is granted one PET material driving license with permanent validity (A1, A2, A3 classes) and one PET material driving license with limited validity (A4, B1, B2, C, D and F).
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 50 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 who need to practice as a driver or need license class enhancement should attend the training course and sit the tests.
9. Drivers holding B1 class (automatic transmission) license are not qualified to drive manual transmission cars which require drivers 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 driver licenses unless otherwise as regulated by the International Agreement to which Vietnam is a signatory; 11. A1, A2 class licenses issued before August 01, 1995 by police authorities, driving licenses or certificates issued by transport authorities and remaining valid shall be still in force and procedures on conversion are prescribed in Article 57 hereof.
12. 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.
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. Any one who erases or falsifies information printed on the driving license, uses fake driving licenses or falsified records, commits other deceptive acts in order to be eligible for renewal, issuance or re-issuance of driving licenses shall be stripped of driving license and suspended from issuance of driving licenses for five years since the violation is detected. If re-issuance of driving license is needed, the driver should learn and participate in tests again.
Article 46. Verification of driving licenses
1. When receiving the list of granted driving licenses proposed for verification for renewal or re-issuance of driving licenses, Directorate for Roads of Vietnam or the Services of Transport shall study and print information about persons who apply for enhancement of license class and 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 26a enclosed herewith), the written verification of driving license (see forms in Appendix 26b enclosed herewith).
2. Verification of driving licenses
a) Verification of driving licenses should be carried out immediately via telephone, email or fax and in writing afterwards;
b) After result of verification is available, Directorate for Roads of Vietnam or the Services of Transport should update such information into the driving license information system; any granted driving license found ineligible shall be revoked and a written notice must be delivered to Directorate for Roads of Vietnam for handling and updating the driving license information system and at the same time posting on the portal of the Services of Transport or Directorate for Roads of Vietnam; the violation shall be handled in accordance with Clause 13, Article 45 hereof.
3. Period of verification
a) Upon receipt of the list of driving licenses proposed for verification or eligible applications as prescribed in Article 50 hereof, Directorate for Roads of Vietnam or the Services 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 Services of Transport shall provide written verification of the granted driving license.
Article 47. Issuance of driving licenses
1. Candidates who achieve satisfactory test results shall be granted the driving license according to classes intended.
2. Based on decisions on recognition of satisfactory test results, General Director of Directorate for Roads of Vietnam, director of the Services of Transport shall grant driving licenses to successful candidates.
3. Time limit for issuance of driving licenses is no more than 10 working days since the test is completed.
Article 48. Re-issuance of driving licenses
1. Drivers whose driving licenses have expired:
a) From three months to less than 01 year since the date of expiration, sit theory tests for re-issuance of driving license;
b) From one 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 tests are prescribed in Clause 3, Article 31 hereof.
2. Any driver whose driving license is lost for the first time, remaining unexpired or having expired for less than three months shall be considered for re-issuance of driving license if his/her old license has not been confiscated or handled by competent agencies after two months since the submission of applications as prescribed.
The driver should submit one (01) set of application in person to Directorate for Roads of Vietnam or the Services of Transport. The application includes:
a) Written request for renewal, re-issuance of driving licenses according to forms in Appendix 27 enclosed herewith.
b) Original copy of base records 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) ID card (in case of Vietnamese people) or unexpired passport (in case of foreigners, overseas Vietnamese) (Copy accompanied by originals)
3. Any driver whose driving license is lost for the first time with his/her name included in testing administration authorities’ 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) Sit theory test again if the old license has expired from three months to less than one year;
b) Participate in theory and practical tests if the old license has expired from one year and over;
Applications for participation in tests are prescribed in Clause 4, Article 31 hereof.
4. Any driver whose driving license is lost for the second time shall:
a) Within two years since the date of re-issuance for the first lost driving license, sit theory test again if the old license has not been confiscated or handled by competent agencies after two months since submission of applications.
b) More than two years since the date of re-issuance of for the first lost driving license, be considered for re-issuance of driving license.
Applications for participation in tests are prescribed in Clause 4, Article 31 hereof.
5. Any driver whose driving license is lost for the third time shall:
a) Within two years since the date of re-issuance for the second lost driving license, sit theory test again if the old license has not been confiscated or handled by competent agencies after two months since submission of applications.
b) More than two years since the date of re-issuance of for the second lost driving license, be considered for re-issuance of driving license.
Applications for participation in tests are prescribed in Clause 4, Article 31 hereof.
6. Time limit for re-issuance of driving licenses is the same as initial issuance.
7. Candidates who need reviews should register with driver training institutions for instructions and pay a fee as prescribed.
8. Any driver whose driving license is still unexpired but its original records are lost may re-establish the original records if he/she has demands.
The driver must establish one set of application and deliver it to Directorate for Roads of Vietnam or the Services of Transport (where the driving license was granted) The application includes:
a) Written request for renewal, re-issuance of driving licenses according to forms in Appendix 27 enclosed herewith.
b) Copy of unexpired driving license, ID card or passport card.
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 49. Renewal of driving licenses
1. Unexpired driving licenses made of hard copy may be changed into driving license made of PET material as prescribed in Article 57 hereof.
2. Any person whose driving license remains valid or has expired for less than three months since the date of expiration or is damaged may apply for renewal if he or she has demands.
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 ID card, the license management agency shall carry out procedures on renewal of driving license in accordance with information specified in the ID card.
5. Subjects eligible for renewal of driving licenses:
a) Vietnamese people, foreigners receiving training, tests, and 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;
d) Drivers with military driving licenses still unexpired when being discharged;
dd) Retired police officials and soldiers having driving licenses issued after July 31, 1995 by police authorities and remaining valid;
e) Drivers working in public security whose driving licenses issued before August 01, 1995 are damaged;
g) Foreigners residing, working and studying in Vietnam for at least three months and having unexpired native driving licenses;
h) Foreign tourists driving overseas-registered cars into Vietnam and having unexpired native driving licenses;
i) Vietnamese people (Vietnamese nationality) having unexpired driving licenses issued by other countries while residing, working and studying there.
6. Following cases are ineligible for renewal of driving licenses:
a) Foreign driving licenses; international driving licenses; military, police driving licenses that expire, are erased or damaged or show differences in identity; foreign driving licenses not issued by competent agencies;
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 in excess of six months (with respect to driving licenses issued by the Ministry of National Defense);
d) Persons who are not healthy as prescribed;
7. Validity period and car 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 in excess of 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 be in compliance with validity of the entry visa in Vietnam (from entry to exit) but not in excess of 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 written 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) Native 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;
c) Native 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;
8. Time limit for renewal of driving licenses
a) No more than five working days since receipt of applications as prescribed;
b) Upon renewal of driving changes, the licensing agency shall cut corner of the old driving license (except foreign driving licenses).
Article 50. Applications for renewal of driving licenses issued by transport authorities
Drivers should submit one (01) set of application in person to Directorate for Roads of Vietnam or the Services of Transport. The application includes:
1. Written request for renewal, re-issuance of driving licenses according to forms in Appendix 27 enclosed herewith.
2. Health certificates issued by competent medical facilities as prescribed except:
a) A1, A2, A3 class license holders;
b) Persons who change A4 class license, car driving license (made of cardboard) that are still unexpired for more than three months into driving licenses (made of PET material);
c) Separation of driving licenses with limited and unlimited validity periods combined;
3. A copy of unexpired driving license, ID card or passport (in case of Vietnamese people) or unexpired passport (in case of foreigners, overseas Vietnamese);
Article 51. Applications for renewal of military driving licenses issued by the Ministry of National Defense
Drivers should submit one (01) set of application in person to Directorate for Roads of Vietnam or the Services of Transport. The application includes:
1. Written request for renewal, re-issuance of driving licenses according to forms in Appendix 27 enclosed herewith.
2. A copy of military discharge decision within six months since it is signed by chief of regiment and over and accompanied by the original for comparison;
3. Health certificates issued by competent medical facilities as prescribed except for renewal of A1, A2, A3 class licenses;
4. Unexpired military driving licenses (original);
5. Copy of unexpired ID card accompanied by the original 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 returned to the driver for preservation;
Article 52. Applications for renewal of driving licenses issued by public security
1. Applications for renewal of driving licenses issued before August 01, 1995 by public security.
Drivers should submit one (01) set of application in person to Directorate for Roads of Vietnam or the Services of Transport. The application includes:
a) Written request for renewal, re-issuance of driving licenses according to forms in Appendix 27 enclosed herewith.
b) Copy of unexpired driving license and ID card accompanied by the original for comparison.
c) Original records (if any)
2. Applications for renewal of driving licenses issued from August 01, 1995 by public security.
Drivers should submit one (01) set of application in person to Directorate for Roads of Vietnam or the Services of Transport. The application includes:
a) Written request for renewal, re-issuance of driving licenses according to forms in Appendix 27 enclosed herewith.
b) Copy of unexpired ID card, decision on retirement or discharge issued by competent authorities;
c) Health certificates issued by competent medical facilities as prescribed except for renewal of A1, A2, A3 class driving licenses;
d) Unexpired driving licenses issued by public security (original);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 53. Applications for renewal of foreign driving licenses
1. The driver must establish one set of application and deliver it to Directorate for Roads of Vietnam or the Services of Transport (where he/she registers long-term residence, temporary residence or settlement). The application includes:
a) Written request for renewal, re-issuance of driving licenses (in case of Vietnamese people) according to forms in Appendix 27 enclosed herewith or forms in Appendix 28 enclosed herewith (in case of foreigners)
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) Passport (passport number, full name, passport photo, validity period and page of entry visa to Vietnam) (copy accompanied by original), ID card, diplomatic ID card issued by Vietnam’s Ministry of Foreign Affairs (copy), residence card, temporary residence card, permanent residence card or any papers proving long-term settlement in Vietnam in case of foreigners (copy).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.
Article 54. Applications for renewal of foreign driving licenses issued to foreign tourists driving cars into Vietnam
1. Drivers should submit one (01) set of application in person or by post to the Services of Transport. The application includes:
a) Written request for renewal, re-issuance of driving licenses according to forms in Appendix 28 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) Entry/exit list issued by the Ministry of Public Security (certified true copy), Passport (passport number, full name, passport photo, validity period and page of entry visa to Vietnam) (copy)
d) One (01) color 3 cm x 4 cm photo with green background.
When receiving the driving license, the driver should present his/her unexpired passport and foreign driving license for comparison;
2. The licensing agency shall note “ Driving license is renewed for the first time” in its management records.
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