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MINISTRY OF TRANSPORT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 05/2024/TT-BGTVT
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Hanoi, March 31, 2024
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CIRCULAR
AMENDMENTS TO SOME ARTICLES OF CIRCULARS REGARDING ROAD
TRANSPORT SECTOR, SUPPORT SERVICES PROVIDED FOR ROAD TRANSPORT, VEHICLES AND
DRIVERS
Pursuant
to the Law on Road Traffic dated November 13, 2008;
Pursuant
to the Law on Vocational Education dated November 27, 2014;
Pursuant
to the Government’s Decree No. 65/2016/ND-CP dated July 01, 2016 on
requirements for provision of car driver training and testing services; the
Government's Decree No. 138/2018/ND-CP dated October 08, 2018 on amendments to
some Articles of the Government’s Decree No. 65/2016/ND-CP dated July 01, 2016
on requirements for provision of car driver training and testing services; the
Government’s Decree No. 70/2022/ND-CP dated September 27, 2022 on amendments to
some Articles of Decrees laying down regulations concerning road transport
business;
Pursuant
to the Government's Decree No. 10/2022/ND-CP dated January 17, 2022 on auto
transport business and conditions for auto transport business; the Government’s
Decree No. 47/2022/ND-CP dated July 19, 2022 on amendments to some Articles of
the Government's Decree No. 10/2022/ND-CP dated January 17, 2022 on auto
transport business and conditions for auto transport business;
Pursuant
to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 on
functions, tasks, powers and organizational structure of the Ministry of
Transport;
At
the request of Directors of Transportation Department and Department for Roads
of Vietnam;
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Article
1. Amendments to some Articles of Circular No. 06/2011/TT-BGTVT dated March 07,
2011 of the Minister of Transport on provision of refresher training in laws on
road traffic for transport construction machinery operators participating in road traffic.
1.
Point b Clause 2 Article 4; point b Clause 2 Article 10 shall be annulled.
2.
Appendix I, Appendix II and Appendix VIII issued together with Circular No.
06/2011/TT-BGTVT shall be replaced with Appendix I, Appendix II and Appendix
III issued together with this Circular, respectively.
Article
2. Amendments to some Articles of Circular No. 09/2015/TT- BGTVT dated April
15, 2015 of the Minister of Transport on provision, management and use of data
from vehicle tracking devices (hereinafter referred to as “Circular No.
09/2015/TT-BGTVT”); Circular No. 36/2020/TT-BGTVT dated December 24, 2020 of
the Minister of Transport on amendments to some Articles of Circulars regarding
periodic reporting in road sector (hereinafter referred to as “Circular No.
36/2020/TT-BGTVT”) , Circular No. 05/2023/TT-BGTVT dated April 27, 2023 of the
Minister of Transport on amendments to some Articles of Circulars regarding
road transport sector, support services provided for road transport, vehicles
and drivers (hereinafter referred to as “Circular No. 05/2023/TT-BGTVT).
1.
Point b Clause 3, point c Clause 3 Article 4 of the Circular No. 09/2015/TT-BGTVT
(amended by Clause 1 Article 9 of the Circular No. 05/2023/TT-BGTVT) shall be
amended as follows:
a)
Point b Clause 3 Article 4 of the Circular No. 09/2015/TT-BGTVT (amended by
Clause 1 Article 9 of the Circular No. 05/2023/TT-BGTVT) shall be amended as
follows:
“b)
Data from the tracking device shall be transmitted from service servers to
server of Department for Roads of Vietnam in chronological order. Within 03
days from the last date on which the server of Department for Roads of Vietnam
receives data, if the data transmission is interrupted, both old and new data
shall be transmitted simultaneously when the transmission line resumes; if the
data transmission is interrupted for more than 03 days, the data
transmitting-unit shall give Department for Roads of Vietnam notification to
establish a channel for data retransmission.
b)
Point c Clause 3 Article 4 shall be amended as follows:
“c)
The data transmission protocol shall be publicly declared by the Department for
Roads of Vietnam on its website.”.
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“Article
5. Regulations on methods for calculation and determination
1.
Distance traveled (km), speed, non-stop driving duration and driver’s working
period in a day shall be calculated on service servers and the server of the
Department for Roads of Vietnam. It is prohibited from use erroneous incoming
messages for calculation. Details about noise filtering of messages prior to
calculation are provided in Appendix 3 issued together with this Circular.
2.
Overspeed determination
a)
Overspeed is determined according to regulations in Appendix 2 enclosed with
this Circular;
b)
The determination of overspeed on software of the server shall depend on
coordinates and directions of speed limit signs and limited speed areas
published by road management authorities. If the data on coordinates and
directions of speed limit signs and limited speed areas published by road
management authorities is unavailable, overspeed shall be determined according
to permissible maximum speed of each vehicle participating in traffic outside
the densely populated area. If the maximum speed of each lane is different, the
highest maximum speed shall apply.
3.
Calculation of driving duration
a) A
driver’s driving duration is determined from the time on which the driver
starts operating the vehicle (the vehicle starts to run);
b) If
total driving duration of a driver exceeds 04 hours but the driver does not
stop driving according to regulations in Clause 4 Article 11 of Decree No.
10/2020/ND-CP dated January 17, 2020 of the Government on auto transport
business and conditions for auto transport business or the driver is not replaced
by another driver, it will be considered as overworking.
c) If
total working time of a driver exceeds 10 hours/day, it will be considered as
overtime working in a day. A working day of the driver is calculated from 00h00
to 24h00;
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4. No
data transmission
If a
vehicle has moved from the position recorded at the time of data transmission
cessation and there is no any data during the period the vehicle has moved
between two positions, it will be considered as no data transmission. The
calculation shall comply with regulations in Appendix 4 issued together with
this Circular.
5.
The calculation of distance traveled (km) shall comply with regulations in
Appendix 5 issued together with this Circular.
6.
Calculation results shall be rounded to the nearest hundredth.”.
3. Article 6 of
Circular No. 09/2015/TT-BGTVT (amended by Clause 1 Article 9 of Circular No.
05/2023/TT-BGTVT) shall be amended as follows:
“Article
6. Regulations on access to and use of data
1.
The access to data from the tracking device shall comply with regulations of
the law on application of information technology to state agencies' activities.
2.
Data from the tracking device shall be accessed and used to serve transport
management by transport business units; state management of transport, traffic
safety and order, social order and security, tax and anti-smuggling.
3.
Information and data from the database of the tracking device connected with
electronic communication networks shall be kept confidential according to the
law on information technology.
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4. Clause 1 Article 7
of the Circular No. 09/2015/TT-BGTVT (amended by Clause 1 Article 9 of the
Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
“1.
The Department for Roads of Vietnam shall manage the information system in a
uniform manner and on a nationwide scale, consolidate and analyze input data
targets transmitted from service servers for transport business management,
including:
a)
General and detailed reports on cases of overspeed, overworking, overtime
working in a day, no daily transmission of data, no data transmission when
vehicles are in operation; no transmission of adequate information according to
regulations; and abnormal data;
b)
General and detailed reports on routes; general report on vehicles and
transport business units according to business types; detailed reports on stop
and parking of vehicles;
c)
General and detailed reports according to Articles 6, 7, 8 and 22 of the Government's
Decree No. 10/2020/ND-CP dated January 17, 2022 on auto transport business and
conditions for auto transport business;
d)
Display of information about vehicles on digital maps, serving online
supervision and information search.”.
5.
Clauses 2, 6, 9 and 10 Article 8 of the Circular No. 09/2015/TT-BGTVT (amended
by Clause 1 Article 9 of the Circular No. 05/2023/TT-BGTVT) shall be amended as
follows:
a)
Clause 2 Article 8 of the Circular No. 09/2015/TT-BGTVT (amended by Clause 1
Article 9 of the Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
“2.
Receive, consolidate and analyze data transmitted from service servers
according to targets specified in Clause 1 Article 7 of this Circular. Give
warnings on the information system of Department for Roads of Vietnam in order
for units accessing data from the tracking device to obtain information on
cases where it is impossible to receive data for 30 minutes or more or
incidents involved in transmission lines or the server of Department for Roads
of Vietnam occur.”;
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“6.
Access and use data from the tracking device on the information system of
Department for Roads of Vietnam when conducting local inspections or receiving
written requests from functional authorities.”;
c)
Clause 9 Article 8 of the Circular No. 09/2015/TT-BGTVT (amended by Clause 1
Article 9 of the Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
“9.
Storing reported data on the information system of Department for Roads of
Vietnam for at least 02 years.”;
d)
Clause 10 Article 8 of the Circular No. 09/2015/TT-BGTVT shall be amended as
follows:
“10.
Consolidate handling results via data from tracking devices of Departments of
Transport.”.
6.
Point b Clause 1, Clause 3 shall be amended and Clause 9 shall be added to
Article 9 (amended by Clause 1 Article 9 of the Circular No. 05/2023/TT-BGTVT)
as follows:
a)
Point b Clause 1 Article 9 of Circular No. 09/2015/TT-BGTVT shall be amended as
follows:
“b)
Access and use data on the information system of Department for Roads of
Vietnam to monitor, correct and handle violations against regulations on
transport committed by local transport business units, vehicles and drivers.”;
b)
Clause 3 Article 9 of the Circular No. 09/2015/TT-BGTVT (amended by Clause 1
Article 9 of the Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
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c)
Clause 9 shall be added to Article 9 of Circular No. 09/2015/TT-BGTVT as
follows:
“9.
Notify Department for Roads of Vietnam of abnormal data or necessity to
re-check information during access and use of the data on the system.”.
7.
Clause 2 and Clause 7 Article 10 of the Circular No. 09/2015/TT-BGTVT (amended
by Clause 1 Article 9 of the Circular No. 05/2023/TT-BGTVT dated April 27,
2023) shall be amended as follows:
a)
Clause 2 Article 10 of the Circular No. 09/2015/TT-BGTVT (amended by Clause 1
Article 9 of the Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
“2.
Transmit accurate and adequate data to Department for Roads of Vietnam
according to regulations in Clause 1 Article 4 of this Circular. Provide
passwords to access the database and the software, and decryption algorithms in
case the information is encoded in the database of units for competent
authorities as required.”;
b)
Clause 7 Article 10 of Circular No. 09/2015/TT-BGTVT shall be amended as
follows:
“7.
Handle responsibilities of individuals and departments of units for management,
monitoring, access and use of data.”.
8. Clause 7 shall be
added to Article 12 of Circular No. 09/2015/TT-BGTVT as follows:
“7.
Provide passwords to access the database, and decryption algorithms in case the
information is encoded in the database of units for competent authorities as
required.”.
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10. Clause 4 Article 7
of Circular No. 09/2015/TT-BGTVT; Clause 13 Article 8 of Circular No. 09/2015/TT-BGTVT
(amended by Clause 1 Article 3 of Circular No. 36/2020/TT-BGTVT and point b
Clause 1 Article 9 of Circular No. 05/2023/TT-BGTVT) shall be annulled.
11. Appendix 7,
Appendix 8, Appendix 9, Appendix 10, Appendix 11, Appendix 12, Appendix 13,
Appendix 14, Appendix 15, Appendix 16, Appendix 17, Appendix 18, Appendix 19,
Appendix 20 and Appendix 21 enclosed with the Circular No. 09/2015/TT-BGTVT
shall be annulled.
12. Appendix 22 of
Circular No. 09/2015/TT-BGTVT (amended by Circular No. 36/2020/TT-BGTVT) shall
be annulled.
Article
3. Amendments to some Articles of Circular No. 29/2015/TT- BGTVT dated July 06,
2015 of the Minister of Transport on issuance and use of international driving
permit (hereinafter referred to as “Circular No. 29/2015/TT-BGTVT”); Circular
No. 01/2021/TT-BGTVT dated January 27, 2021 of the Minister of Transport on
amendments to some Articles of Circular No. 29/2015/TT- BGTVT dated July 06,
2015 of the Minister of Transport on issuance and use of international driving
permit and Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister
of Transport on driver training, driving tests, and issuance of driving
licenses for road motor vehicles (hereinafter referred to as “Circular No.
01/2021/TT-BGTVT”)
The
Appendix IV shall be replaced by the Appendix X issued together with this
Circular.
Article
4. Amendments to some Articles of Circular No. 12/2017/TT- BGTVT dated April
15, 2017 of the Minister of Transport on driver training, driving tests, and
issuance of driving licenses for road motor vehicles (hereinafter referred to
as “Circular No. 12/2017/TT-BGTVT”), Circular No. 38/2019/TT-BGTVT dated
October 08, 2019 of the Minister of Transport on amendments to some Articles of
Circular No. 12/2017/TT- BGTVT dated April 15, 2017 of the Minister of
Transport on driver training, driving tests, and issuance of driving licenses
for road motor vehicles (hereinafter referred to as “Circular No.
38/2019/TT-BGTVT”), Circular No. 01/2021/TT-BGTVT dated January 27, 2021 of the
Minister of Transport on amendments to some Articles of Circular No.
29/2015/TT- BGTVT dated July 06, 2015 of the Minister of Transport on issuance
and use of international driving permit and Circular No. 12/2017/TT-BGTVT dated
April 15, 2017 of the Minister of Transport on driver training, driving tests,
and issuance of driving licenses for road motor vehicles (hereinafter referred
to as “Circular No. 01/2021/TT-BGTVT”), Circular No. 04/2022/TT-BGTVT dated
April 22, 2022 of the Minister of Transport on amendments to some Articles of
Circular No. 12/2017/TT-BGTVT (hereinafter referred to as “Circular No.
04/2022/TT-BGTVT), Circular No. 05/2023/TT-BGTVT dated April 27, 2023 of the
Minister of Transport on amendments to some Articles of Circulars regarding
road transport, support services provided for road transport, vehicles and
drivers (hereinafter referred to as “Circular No. 05/2023/TT-BGTVT)
1. Clause 14 shall be
added to Article 3 as follows:
"14.
The time for night driving practice begins from 18:00 p.m to 5:00 a.m.”.
2.
Clauses 12 and 15 shall be amended and Clauses 20, 21, 22, 23 and 24 shall be
added to Article 5 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 1
Article 12 of Circular No. 05/2023/TT-BGTVT) as follows:
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“12.
Organize review and issuance of primary-level certificates or training
certificates to car and A4-class tractor driving learners.”;
b)
Clause 15 Article 5 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 1
Article 12 of the Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
“15.
Make reports on registration for driving tests
a) A1
or A2 class driver training: training institutions shall make reports on
registration for driving tests according to forms as prescribed in Appendix 2
enclosed herewith and send them to Departments of Transport; these reports
shall be affixed with training institutions’ seals on adjoining edges of pages;
b)
A3, A4, B1, B2, C, D, E or F class driver training: training institutions shall
make reports on registration for driving tests, lists of learners (Report 1)
and lists of applicants for verification of driving licenses issued (in case of
upgradation of driving license classes) according to forms as prescribed in
Appendices 3a, 3b and 3c enclosed herewith and send them to Departments of
Transport; these reports shall be affixed with training institutions' seals on
adjoining edges of pages;
c)
The Report 1 shall be sent the Department of Transport in person, by post or
online through the driving license information system for at least 04 working
days before the testing period in case of A1 or A2 class driver training, after
opening day in case of A3 or A4 class driver training, within 07 days after
opening day in case of B1, B2, D, E or F class driver training or within 15
days after opening day in case of C class driver training; the Head of testing
administration agency shall conduct inspection and sign her/his name on each
page (all pages of the Report 1);
d)
Reports on registration for A1 and A4 driving tests with respect to ethnics who
are unable to read and write Vietnamese shall be sent to Departments of
Transport in person, by post or online through the driving license information
system for at least 30 days prior to the testing period.";
c)
Clause 20 shall be added to Article 5 of Circular No. 12/2017/TT-BGTVT as
follows:
“20.
Depending on curriculums, textbooks, materials, teachers, classrooms,
dual-control cars and learners' needs, make training plans and ensure number of
learners according to regulations in Clause 3 Article 4 of this Circular.”;
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“21.
A driver training institution which is dissolved shall:
a)
Before dissolution, make a report on guidelines and plans for protection of
rights and interests of learners who are undergoing training and send it to the
Department of Transport for monitoring and management;
b)
Protect rights and interests of learners under training contracts;
c)
Within 10 days from the effective date of decision to dissolve the training
institution, hand all documents over to another training institution that
agrees to continue training, including report on registration for driving
tests, list of learners (Report 1) and learners’ applications; and send a
report to the Department of Transport for monitoring and management;
d)
Within 10 days from the effective date of decision to dissolve the training
institution, conduct review, make a list of learners issued with primary-level
certificates or training certificates and hand over all learners’ applications
under its management to the Department of Transport for monitoring and
management.”;
dd)
Clause 22 shall be added to Article 5 of Circular No. 12/2017/TT-BGTVT as
follows:
“22.
A driver training institution which has driver training license revoked shall:
a)
Within 10 days from the effective date of decision to revoke the driver
training license, conduct review and consolidation and make a list of learners
under its management; formulate a plan for protection of rights and interests
of learners who are undergoing training and send it to the Department of
Transport for monitoring and management;
b)
Protect rights and interests of learners under training contracts; In case
learners agree with a plan for continuation in training, conduct negotiation
with other local driver training institutions in order to hand over training
obligations. In case learners do not agree with the plan for continuation in
training, conduct negotiation with learners and liquidate contracts;
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e)
Clause 23 shall be added to Article 5 of Circular No. 12/2017/TT-BGTVT as
follows:
“23.
A driver training institution that receives learners of the dissolved driver
training institution or the driver training institution which has its driver
training license revoked shall receive applications and documents specified in
point c Clause 21 and point c Clause 22 of this Article and take responsibility
for continuation in management of learners according to applicable regulations.
The handover shall be made in record. The record shall clearly state all
documents handed over; commitment and responsibilities of each party (the two
parties have obligations and responsibilities related to applications,
documents and assets handed over).";
g)
Clause 24 shall be added to Article 5 of Circular No. 12/2017/TT-BGTVT as
follows:
“24.
According to driver training curriculums specified in Articles 12, 13 and 14
and the Appendix 31 enclosed with this Circular, develop driver training
curriculums and send them to Departments of Transport for management. To be
specific:
a)
Theory training: offline training at driver training institutions; offline
training in combination with online training and guided self-study; online
training, guided self-study. The development of system, materials, methods for
online training and guided self-study and system for managing online training
and guided self-study shall comply with regulations in Appendix 40 enclosed
with this Circular. Regarding structures and common repairs, fire safety, fire
fighting, and rescue skills and driving techniques, learners shall undergo
offline training at driver training institutions;
b)
Driving practice training: offline training.”.
3. Clauses 1, 2, 3 and
5 Article 6 of the Circular No. 12/2017/TT-BGTVT (amended by points a and b
Clause 4 Article 1 of the Circular No. 04/2022/TT-BGTVT) shall be amended as
follows:
a)
Clause 1 Article 6 of the Circular No. 12/2017/TT-BGTVT (amended by point a
Clause 4 Article 1 of the Circular No. 04/2022/TT-BGTVT) shall be amended as
follows:
“1.
Driving teaching courses shall comply with framework of driver training
curriculum specified in Appendix 31 enclosed with this Circular; driver
training institutions shall compile, appraisal and issue textbooks according to
regulations of the law on vocational education and training.”;
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“2.
Forms and books used by a driver training institution:
a)
Report on registration for driving tests;
b)
Training plan, using form specified in Appendix 4 enclosed with this Circular;
c)
Learners’ performance monitoring book according to regulations of the law on
vocational education and training.”;
c)
Clause 3 Article 6 of Circular No. 12/2017/TT-BGTVT shall be amended as
follows:
“3.
The A4 class driver training institution shall use the learners’ performance
monitoring book specified in Points Clause 2 hereof.”;
d)
Point b Clause 5 Article 6 of the Circular No. 12/2017/TT-BGTVT (amended by
point b Clause 4 Article 1 of the Circular No. 04/2022/TT-BGTVT) shall be
amended as follows:
“b)
02 years for final exam, data on traffic law theory class attendance of
learners who learn how to drive motor vehicles (except for B1 class), data on
driver practice attendance via simulator cabins; electronic data on theory
class attendance in case of online training and guided self-study;”.
4.
Clause 2 shall be amended and Clause 3 shall be added to Article 8 of Circular
No. 12/2017/TT-BGTVT as follows:
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“2.
Applicants for B2, C, D, E and F-class driving licenses shall:
a)
Undergo offline training at training institutions; offline training in
combination with online training and guided self-study; or online training,
guided self-study according to their needs in case of theory training.
Regarding structures and common repairs, fire safety, fire fighting, and rescue
skills and driving techniques, the applicants shall undergo offline training at
driver training institutions;
b)
Undergo offline training in case of driving practice training;
c)
Take theory and practice tests at driver training institutions to be considered
for issuance of primary-level certificates and training certificates.”;
b)
Clause 3 shall be added to Article 8 of Circular No. 12/2017/TT-BGTVT as
follows:
“3.
01 year after the driver training institution organizes driving tests or
considers issuing graduation certificates, if the learner is not eligible for
primary-level certificate or training certificate, he/she shall apply for a new
course in order to undergo re-training.”.
5. Article 9 of the
Circular No. 12/2017/TT-BGTVT (amended by Clause 31 Article 1 of Circular No.
38/2019/TT-BGTVT; Clause 2 Article 2 of Circular No. 01/2021/TT-BGTVT) shall be
amended as follows:
“Article
9. Applications of driving learners
1. A
learner who learns how to drive for the first time shall submit 01 application
directly at the driver training institution. The application consists of:
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b) Copy
of permanent or temporary residence card, or diplomatic or consular identity
card in case where the learner is a foreigner;
c)
Health certificate issued by a competent medical facility as prescribed.
2.
Every applicant for license upgrade shall submit 01 application directly at the
training institution and take a photo which is stored in the driving license
database. The application consists of:
a) Documents
as prescribed in Clause 1 of this Article;
b)
Copy of lower secondary diploma or equivalent or higher in case where the
applicant wishes to upgrade his/her driving license to D or E class (authentic
copy is required when taking the test);
c)
Written declaration of the time on which the applicant works as a driver and number
of kilometers of safe driving according to form prescribed in Appendix 8
enclosed herewith;
3. An
ethnic who is unable to read and write Vietnamese and wishes to obtain A1 or A4
class motorbike driving license shall submit 01 application directly at the
training institution. The application consists of documents specified in point
c Clause 1 of this Article.”.
6. Clause 9 Article 10
of the Circular No. 12/2017/TT-BGTVT (amended by point a Clause 5 Article 1 of
Circular No. 04/2022/TT-BGTVT; Clause 1 Article 12 of Circular No.
05/2023/TT-BGTVT) shall be amended as follows:
“9.
Apply information technology to management of DAT information system of the
Department for Roads of Vietnam to ensure the receipt, management,
consolidation, analysis, and extraction of DAT management data, thereby serving
extraction of DAT management data and management of driver training provided by
Departments of Transport; ensure continuous and stable operation of DAT
information system of the Department for Roads of Vietnam and at least 2 years
of storage of DAT management data; information extracted from the software is
consolidated using Forms No. 01, 02, 03, 04, 05 and 06 Appendix 32 attached
hereto.”;
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a)
Clause 3 Article 11 of the Circular No. 12/2017/TT-BGTVT shall be amended as
follows:
“3.
Inspect driver training provided by training institutions.”;
b)
Clause 10 Article 11 of the Circular No. 12/2017/TT-BGTVT (amended by point c
Clause 6 Article 1 of the Circular No. 04/2022/TT-BGTVT) shall be amended as
follows:
“10.
Use DAT management data on the DAT information system of Department for Roads
of Vietnam according to regulations in Form 06 Appendix 32 attached hereto, and
confirmation of learner's completion of driving practice via simulator cabins
printed on simulator cabins provided by driver training institutions to approve
the list of learners eligible for driving tests. If Department for Roads of
Vietnam gives notification of suspension of the DAT information system for
maintenance or occurrence of incidents, Departments of Transport shall use DAT
data provided by training institutions.”.
8. Article 13 of
Circular No. 12/2017/TT-BGTVT (amended by Clause 7 Article 1 of Circular No.
04/2022/TT-BGTVT) shall be amended as follows:
“Article
13. B1, B2 or C class driver training
1.
Tests and consideration for issuance of primary-level certificates and training
certificates
a)
Test at the end of theory course which uses theory test questions (covering
subjects: Road traffic law; Structures and common repairs; Transport operation;
Traffic etiquette and prevention of harms of alcoholic beverages, fire safety,
fire fighting, and rescue while participating in traffic) and simulation of
traffic scenarios
b)
Test at the end of driving practice course, including continuous tests, test on
driving forward and backward in a zigzag, and test on driving on public road;
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2.
Curriculum volume and distribution of training curriculum
NO.
CONTENT
UNIT
DRIVING LICENSE CLASS
B1 Class
B2 Class
C Class
Vehicles with automatic transmission
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I.
Theory training
hour
136
136
168
168
1
Road
traffic law
hour
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90
90
90
2
Structures
and common repairs
hour
8
8
18
...
...
...
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3
Transport
operation
hour
-
-
16
16
4
Traffic
etiquette and prevention of harms of alcoholic beverages while participating
in traffic; fire safety, fire fighting, and rescue skills (04 hours)
...
...
...
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14
14
20
20
5
Driving
techniques
hour
20
20
...
...
...
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20
6
Software
simulating traffic scenarios
hour
4
4
4
4
II.
Driving practice training
...
...
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68
84
84
94
1
Duration
for practicing driving on training yard by a learner
hour
41
41
...
...
...
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43
2
Duration
for practicing driving on road by a learner
hour
24
40
40
48
3
...
...
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hour
3
3
3
3
4
Total
distance at which 01 learner practises driving
km
1000
...
...
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1100
1100
Where:
Distance
at which 01 learner practises driving on training yard
km
290
290
290
275
...
...
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km
710
810
810
825
III.
Total training hours
hour
204
220
...
...
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262
3.
Organization of training courses
a)
Depending on curriculum volume and distribution of training curriculum
specified in Clause 2 of this Article, duration for test preparation and
testing upon completion of a course and holiday, each driver training
institution shall determine total duration for a training course in driver
training curriculum in such a manner as to achieve the targets: class B1 -
Regular training curriculum and class B2 or C – primary level.
b)
Number of learners/ dual-control car: 5 learners for B1 or B2 class and up to 8
learners for C class.".
9. Article 14 of
Circular No. 12/2017/TT-BGTVT (amended by Clause 10 Article 1 of Circular No.
38/2019/TT-BGTVT) shall be amended as follows:
“Article
14. Training for upgradation of driving license classes
1.
Tests and consideration for issuance of training certificates
a)
Test at the end of theory course which uses theory examination questions
(covering subjects: Road traffic law; Structures and common repairs; Transport
operation; Traffic etiquette and prevention of harms of alcoholic beverages,
fire safety, fire fighting, and rescue while participating in traffic) and
simulation of traffic scenarios;
b)
Test at the end of driving practice course, including continuous tests, test on
driving forward and backward in a zigzag, and test on driving on public road;
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2.
Curriculum volume and distribution of training curriculum:
NO.
CONTENT
UNIT
DRIVING LICENSE CLASS
B1 (automatic transmission) to B1
B1 to B2
B2 to C
C to D
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B2, D, E to F
C, D, E to FC
B2 to D
C to E
I.
Theory training
hour
44
48
...
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48
48
48
56
56
1
Road
traffic law
hour
-
...
...
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16
16
16
16
16
20
20
2
Knowledge
about new class of vehicle
...
...
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-
-
8
8
8
8
8
8
8
...
...
...
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Transport
operation
hour
-
16
8
8
8
8
8
...
...
...
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8
4
Traffic
etiquette and prevention of harms of alcoholic beverages while participating
in traffic; fire safety, fire fighting, and rescue skills (04 hours)
hour
-
10
14
14
14
...
...
...
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14
18
18
5
Software
simulating traffic scenarios
hour
-
2
2
...
...
...
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2
2
2
2
2
II.
Driving practice training
hour
24
10
...
...
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18
18
18
28
28
28
1
Duration
for practicing driving on training yard by a learner
hour
...
...
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4
7
7
7
7
10
12
12
2
...
...
...
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hour
10
5
10
10
10
10
17
15
...
...
...
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3
Number
of hours of practicing driving in simulated cabin by a learner
hour
1
1
1
1
1
1
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1
1
4
Total
distance at which 01 learner practises driving
km
340
150
240
240
...
...
...
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240
380
380
380
Where:
Distance
at which 01 learner practises driving on training yard
km
60
20
...
...
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30
30
30
40
52
52
Distance
at which 01 learner practises driving on road
km
280
...
...
...
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210
210
210
210
340
328
328
III.
Total training hours
hour
...
...
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54
66
66
66
66
76
84
84
3.
Organization of training courses
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b)
Regarding upgradation of driving license classes, number of learners/
dual-control car: up to 5 learners for B1 (automatic transmission) to B1 or
B1 to B2; up to 8 learners for B2 to C, C to D, D to E, B2, C, D, E to F; up to
10 learners for B2 to D, C to E.
10. Article 15 of the
Circular No. 12/2017/TT-BGTVT (amended by points a, b, c, d, dd and e Clause 11
Article 1 of the Circular No. 38/2019/TT-BGTVT) shall be amended as follows:
“Article
15. Detailed contents of subjects
Depending
on driver training curriculums specified in Articles 12, 13 and 14 and
framework of driver training curriculum specified in Appendix 31 enclosed with
this Circular, the head of driver training institution shall be responsible for
organizing development of detailed contents of subjects for approval and
training.”.
11. Clause 13 Article
16 of Circular No. 12/2017/TT-BGTVT shall be amended as follows:
“13.
Classes of driving licenses used by drivers of passenger-carrying cars shall
comply with regulations in Clause 9 and Clause 10 of this Article. In case of a
vehicle designed or renovated in accordance with regulations on renovation to
road motor vehicles with a smaller number of seats than that of another vehicle
of the same type or dimensions, the driving license class shall be determined
according to the latter.”.
12. Clause 7 Article
18 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 4 Article 2 of the
Circular No. 01/2021/TT-BGTVT; Clause 1 Article 12 of Circular No.
05/2023/TT-BGTVT) shall be amended as follows:
“7.
Maintain surveillance camera system at theory testing rooms, traffic scenarios simulation
rooms and testing yards for driving on situational diagrams at areas where the
tests are taken: Start, stop and start the car on the slope, through the wheel
track, through the intersection, park the car in a parking spot, and finish;
the system uses IP cameras, has HD resolution or more, has an interactive
interface, meets the minimum standards according to ONVIF standards, is
synchronized in time with the theoretical testing server, computer operating
the device scoring practice test on situational diagrams; ensure online
connection, transfer of image data (in video format) according to open standard
protocols used for real-time two-way data exchange between server and websocket
to Department for Roads of Vietnam. Provide address to access the system,
thereby serving direct supervision of the testing process by Department for
Roads of Vietnam and Department of Transport and state management. The image
data (in video format) for monitoring the theory testing room and the testing
yard for driving on situational diagrams shall be shown on the screen installed
at the testing waiting room and stored at the testing center as prescribed. The
system of equipment mentioned above shall ensure the confidentiality and
prevent unauthorized access from outside.”.
13.
The first paragraphs of Clause 1, Clause 2, Clause 3 and Clause 4 Article 19 of
the Circular No. 12/2017/TT-BGTVT (amended by Clause 1 Article 12 of the
Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
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“1.
Regarding a candidate participating in the driving test for the first time
The
driver training institution shall send an application in person, by post or
online through the driving license information system to Department of
Transport. An application includes:”;
b)
The first paragraph of Clause 2 Article 19 of Circular No. 12/2017/TT-BGTVT
shall be amended as follows:
“2.
Regarding a candidate applying for upgradation of his/her driving license class
to B1, B2, C, D, E or F class:
The
driver training institution shall send an application in person, by post or
online through the driving license information system to Department of
Transport. An application includes:”;
c)
The first paragraph of Clause 3 Article 19 of the Circular No. 12/2017/TT-BGTVT
(amended by point a Clause 1 Article 12 of the Circular No. 05/2023/TT-BGTVT)
shall be amended as follows:
“3.
Regarding a candidate applying for re-issuance of driving license due to
expiration of his/her old license according to regulations
The
candidate shall send an application in person to the Department of Transport.
An application includes:”;
d)
The first paragraph of Clause 4 Article 19 of the Circular No. 12/2017/TT-BGTVT
(amended by point a Clause 1 Article 12 of the Circular No. 05/2023/TT-BGTVT)
shall be amended as follows:
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The
candidate shall send an application in person to the Department of Transport.
An application includes:”;
14.
Clause 4 and Clause 5 Article 21 of the Circular No. 12/2017/TT-BGTVT (amended
by point c Clause 13 Article 1 of the Circular No. 38/2019/TT-BGTVT; Clause 1
Article 12 of Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
a)
Clause 4 Article 21 of the Circular No. 12/2017/TT-BGTVT (amended by point c
Clause 13 Article 1 of the Circular No. 38/2019/TT-BGTVT) shall be amended as
follows:
“4.
Driving tests are organized as follows:
a)
Theory tests shall be done on computers (except for those for A1 class in a
city of class-3 or above with the distance between the testing center and the
center of the city which is more than 100 km, in which case paper-based tests
are allowed); cameras shall be set up to monitor these tests;
b)
Driving tests through traffic situation simulator shall be done on computers
with regard to B1, B2, C, D, E and F classes; cameras shall be set up to
monitor these tests;
c)
Practice tests on situational diagrams for A1 and A2 classes shall be taken in
qualified test centers or test yards of driver training institutions with
automatic marking equipment (except for any testing center/driver training
institution with the distance between the testing center/driver training
institution and the center of the city of class-3 or above which is more than
100 km, in which direct marking is allowed);
d)
Practice tests on situational diagrams for F class shall be taken in qualified
test centers or test yards of test centers; examiners do not sit on the testing
vehicles;
dd)
Practice tests on situational diagrams for B1, B2, C, D and E classes shall be
taken in test centers with automatic marking equipment; examiners do not sit on
the testing vehicles
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g)
Practice tests on roads applied to B1, B2, C, D and E classes shall use
automatic marking equipment.”;
b)
Clause 5 Article 21 of the Circular No. 12/2017/TT-BGTVT (amended by point
Clause 1 Article 12 of the Circular No. 05/2023/TT-BGTVT) shall be amended as
follows:
“5.
Driving test procedures.
a)
Driving test procedures applied to A1 and A2 classes shall comply with
regulations in Appendix 33 enclosed with this Circular;
b)
Driving test procedures applied to A3 and A4 classes shall comply with
regulations in Appendix 34 enclosed with this Circular;
c)
Driving test procedures applied to B1, B2, C, D and E classes shall comply with
regulations in Appendix 35 enclosed with this Circular; Driving test procedures
applied to FB2, FD and FE classes shall comply with regulations in Appendix 36
enclosed with this Circular; Driving test procedures applied to FC class shall
comply with regulations in Appendix 37 enclosed with this Circular.”.
15.
Clause 1, points b, c and dd Clause 2, point a Clause 3 Article 22 of the
Circular No. 12/2017/TT-BGTVT (amended by Clause 1 Article 12 of Circular No.
05/2023/TT-BGTVT) shall be amended as follows:
a)
Clause 1 Article 22 of Circular No. 12/2017/TT-BGTVT shall be amended as
follows:
“1.
Regarding driving tests for A1 and A2 classes
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b)
Inspect candidates’ profiles and applications as prescribed in Article 19 of
this Circular;
Persons
assigned to inspect and approve candidates’ applications shall cooperate with
the training institution in making an application inspection record, using Form
specified in Appendix 11c enclosed with this Circular;
c)
Regarding driving training and tests given to ethnics who are unable to read
and write Vietnamese:
Within
03 working days, the Department of Transport shall issue a document, using Form
specified in Appendix 38 issued together with this Circular and send it to the
People’s Committee of commune where the ethnics who are unable to read and
write Vietnamese are residing for collection of opinions; the maximum time
limit for collection of opinions is 15 days from the date on which the
Department of Transport issues the document.
During
the time limit for collection of opinions, if the Department of Transport
receives the document from the People’s Committee of commune, the eligible
ethnics will be included in the list of candidates allowed to take driving
tests; if the Department of Transport has not yet received the document from
the People’s Committee of commune by the deadline, the ethnics will not be
included in the list of candidates allowed to take driving tests.
If
the Department of Transport receives the document from the People’s Committee
of commune after 15 days, the Department of Transport shall include eligible
ethnics in the list of candidates allowed to take driving tests in the subsequent
test;
d)
According to the list of valid applications of candidates enclosed with the
application inspection record, using Form specified in Appendix 11c issued
together with this Circular, the Department of Transport shall issue a decision
on organization of driving tests; and establish a testing team.”;
b)
Point b Clause 2 Article 22 of the Circular No. 12/2017/TT-BGTVT shall be
amended as follows:
“b)
Receive written requests for organization of driving tests and list of
candidates (report 2) sent by training institutions according to Forms
specified in Appendix 11a and Appendix 11b enclosed with this Circular. Report
2 shall be sent by post and online through the driving license information
system to Department of Transport for 07 working days before the test;”;
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“c)
Inspect candidates’ profiles and applications for issuance of A3, A4, B1, B2,
C, D, E and F class driving licenses as prescribed in Article 19 hereof.
Candidates’ names must be included in the list of learners (report 1), list of
candidates (report 2) and their driving licenses must be verified in writing
(in case of upgradation of driving license classes);
Persons
assigned to inspect and approve candidates’ applications shall cooperate with
the training institution in making an application inspection record, using Form
specified in Appendix 11c enclosed with this Circular.”;
d)
Point dd Clause 2 Article 22 of Circular No. 12/2017/TT-BGTVT shall be amended
as follows:
“dd)
According to the list of valid applications of candidates enclosed with the
application inspection record, using Form specified in Appendix 11c issued
together with this Circular, the Department of Transport shall make approval
and issue a decision on organization of driving tests; and establish testing
council and testing team according to forms prescribed in Appendix 12a enclosed
herewith and the list of candidates to issue driving licenses according to
forms in Appendices 12b and 12c enclosed herewith.”;
dd)
Point a Clause 3 Article 22 of Circular No. 12/2017/TT-BGTVT shall be amended
as follows:
“a)
Review and inspect requirements as prescribed in Article 36, establish the list
of candidates according to Form in Appendix 13 enclosed herewith; according to
results of review and inspection of requirements, the Department of Transport
shall issue a decision on organization of driving tests at the same time as the
tests as prescribed in Clauses 1, 2 hereof; in case appropriate tests are not
available, a testing council or testing team may be established as prescribed
(composition of testing council or testing team does not include members of the
training institution);
16.
Titles of Clause 1 and Clause 2 shall be amended and point i shall be added to
Clause 3 Article 23 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 14
Article 1 of the Circular No. 38/2019/TT-BGTVT; Clause 1 Article 12 of Circular
No. 05/2023/TT-BGTVT) as follows:
a)
Title of Clause 1 Article 23 of the Circular No. 12/2017/TT-BGTVT (amended by
Clause 1 Article 12 of the Circular No. 05/2023/TT-BGTVT) shall be amended as
follows:
“1.
The testing council is established by the Department of Transport.”;
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“2.
Composition of the testing council
a)
The President of the council is a public employee of the Department of
Transport who obtains a driving license;
b)
Members include directors of driving test centers, heads of training
institutions; heads of testing teams and a secretary. Secretary is a person who
is working for the testing administration agency affiliated to the Department
of Transport. If the Director of the driving test center is the head of the
driver training institution, he/she shall authorize a deputy director to act as
a member of the testing council.
c)
Point i Clause 3 Article 23 of Circular No. 12/2017/TT-BGTVT shall be added as
follows:
“i)
Tasks and powers of members of the testing council shall comply with
regulations in Appendix 39 enclosed herewith;
17.
Clauses 1 and 2, point b Clause 6 and Clause 7 Article 26 of the Circular No.
12/2017/TT-BGTVT (amended by Clause 1 Article 12 of the Circular No.
05/2023/TT-BGTVT) shall be amended as follows:
a)
Clause 1 Article 26 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 1
Article 12 of the Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
“1.
According to actual circumstances, the Department of Transport shall organize
unexpected supervision of driving tests.”;
b)
Clause 2 Article 26 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 1
Article 12 of the Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
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c)
Point b Clause 6 Article 26 of the Circular No. 12/2017/TT-BGTVT (amended by
Clause 1 Article 12 of the Circular No. 05/2023/TT-BGTVT) shall be amended as
follows:
“b)
Send a report to the Director of the Department of Transport for consideration
and handling.”;
d)
Clause 7 Article 26 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 1
Article 12 of the Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
“7.
At the end of the test, the chief supervisor shall send a written report on the
supervision result to the Director of Department of Transport.”.
18. Clause 3 Article
27 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 16 Article 1 of
Circular No. 38/2019/TT-BGTVT; Clause 1 Article 12 of Circular No.
05/2023/TT-BGTVT) shall be amended as follows:
“3.
On the basis of review and consolidation of results by the testing administration
agency, the Department of Transport shall issue a decision on recognition of
successful candidates and the attached list of successful candidates to be
granted driving licenses using the Forms specified in Appendix 16a and Appendix
16b issued herewith.”
19.
Point dd shall be added to Clause 2, point d Clause 5 shall be amended and
Clause 6 shall be added to Article 28 of the Circular No. 12/2017/TT-BGTVT
(amended by points c and d Clause 17 Article 1 of the Circular No.
38/2019/TT-BGTVT) as follows:
a)
Point dd shall be added to Clause 2 Article 28 of Circular No. 12/2017/TT-BGTVT
as follows:
“dd)
If the driver training institution has testing yard, in addition to documents
specified in points a, b, c and d of this Clause, training institutions shall
store data on monitoring collected from theory testing room, testing yard for
driving on situational diagrams; and data on results of theory tests, practice
tests on situational diagrams.”;
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“d) 02
years for documents prescribed in Point dd Clause 3 of this Article.”;
c)
Clause 6 shall be added to Article 28 of Circular No. 12/2017/TT-BGTVT as
follows:
“6.
Expired records of test results shall be destroyed according to regulations of
the law on storage.’.
20. Clause 1 Article
29 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 1 Article 12 of the
Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
“1.
Department for Roads of Vietnam shall be responsible for managing tests and
issuing driving licenses nationwide.”
21.
Clause 4, point dd Clause 5 Article 30 of the Circular No. 12/2017/TT-BGTVT
(amended by point b Clause 18 Article 1 of Circular No. 38/2019/TT-BGTVT;
Clause 1 Article 12 of Circular No. 05/2023/TT-BGTVT) shall be amended as
follows:
a)
Clause 4 Article 30 of the Circular No. 12/2017/TT-BGTVT (amended by point b
Clause 18 Article 1 of Circular No. 38/2019/TT-BGTVT; Clause 1 Article 12 of
Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
“4.
Build traffic situation simulator for driving test centers to install it on
computer, thereby serving driving tests; study application of information
technology to organization and management of tests, issuance of driving
licenses; establish an information network linking the testing administration
agency affiliated to Department for Roads of Vietnam with test centers, testing
administration agency affiliated to the Department of Transport and driver
training institutions; maintain information system for receiving and storing
data from cameras of theory testing rooms and practice tests on situational
diagrams of test centers so that competent authorities conduct management and
inspection and handle violations according to regulations.";
b)
Point dd Clause 5 Article 30 of the Circular No. 12/2017/TT-BGTVT (amended by
Clause 1 Article 12 of the Circular No. 05/2023/TT-BGTVT) shall be amended as
follows:
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22. Clause 5 Article
31 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 1 Article 12 of the
Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
“5.
Develop internet connection with local test centers and driver training
institutions and Department for Roads of Vietnam; use data from cameras of
theory testing rooms and practice tests on situational diagrams of test centers
of Department for Roads of Vietnam for management, inspection and handling of
violations during testing; inspect and verify cases where candidates are
provided with assistance during testing according to regulations and send a
report to Department for Roads of Vietnam for monitoring and consolidation. If
Department for Roads of Vietnam gives notification of suspension of the system
of cameras of theory testing rooms and practice tests on situational diagrams
for maintenance or occurrence of incidents, Departments of Transport shall use
data provided by test centers.”.
23. Clause 2 Article
32 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 1 Article 12 of the
Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
“2.
Department for Roads of Vietnam shall design confidentiality, print, uniformly
issue, instruct and manage use of driving license templates nationwide.
24.
Clauses 13 and 14 shall be amended and Clauses 15, 16 and 17 shall be added to
Article 33 of the Circular No. 12/2017/TT-BGTVT (amended by point a and point b
Clause 19 Article 1 of the Circular No. 38/2019/TT-BGTVT) as follows:
a)
Clause 13 Article 33 of the Circular No. 12/2017/TT-BGTVT (amended by point a
Clause 19 Article 1 of the Circular No. 38/2019/TT-BGTVT) shall be amended as
follows:
“13.
An eligible driving license which is made of PET material is the driving
license issued by the competent authority with the template number, date of
issue, date of expiry coinciding with those in driving license information
system or verified on VneID.”;
b)
Clause 14 Article 33 of the Circular No. 12/2017/TT-BGTVT (amended by point b
Clause 19 Article 1 of the Circular No. 38/2019/TT-BGTVT) shall be amended as
follows:
“14.
A driving license shall be revoked in the following cases:
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b)
The driver erases or falsifies information printed on the driving license;
c)
The driver allows another person to use his/her driving license;
d)
The competent authority issues the driving license to an ineligible person;
dd)
There are errors in pieces of information on full name, date of birth, nationality,
place of residence, driving license class, date of expiry, date of issuance,
signatory;
e)
Through health examination, the competent authority confirms that the driver
uses narcotic (except for violations specified in point c and point d Clause 10
Article 5; point h and point I Clause 8 Article 6 of Decree No. 100/2019/ND-CP
dated December 30, 2019).";
c)
Clause 15 shall be added to Article 33 of Circular No. 12/2017/TT-BGTVT as
follows:
“15.
The driving license-issuing authority shall adopt the following procedures for
revoking the driving license:
a)
The head of driving license-issuing authority issues a decision on revocation
and cancellation of the driving license. Reasons for revocation and
cancellation shall be specified in the decision;
b)
Within 05 working days from the date of receipt of the revocation decision, the
driver shall submit the driving license to be revoked to the authority revoking
the driving license and the driving license-issuing authority shall be
responsible for revocation of the issued driving license and cancellation
according to regulations;
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d)
Clause 16 shall be added to Article 33 of Circular No. 12/2017/TT-BGTVT as
follows:
“16.
Cases where driving licenses are revoked shall be handled as follows:
a)
Driving licences revoked according to regulations in points a, b, d and e
Clause 14 of this Article are invalid and the driving license-managing
authority shall update data on the violation on the driving license information
system from the date on which the violation is detected; in addition, the
violator shall take legal liability and may not be issued with another driving
license for 05 years since the violation is detected; if he/she wishes to be
re-issued with the driving license, he/she shall undergo driver training and
take driving tests again as initial time.
b)
Regarding the driving license revoked according to regulations in point c
Clause 14 of this Article, after 01 year from the effective date of the
decision to revoke the driving license, if an individual wishes to be issued
with a new driving licence, he/she shall register with the Department of
Transport to take driving tests which indicate contents specified in Clause 4
Article 21 of this Circular again;
c)
Regarding the driving license revoked according to regulations in point dd
Clause 14 of this Article, if the driving license is still valid or expired for
less than 03 months, regulations in Article 38 of this Circular shall be
applied; if the driving license is expired for more than 03 months, regulations
in Clause 1 Article 36 of this Circular shall be applied.”;
dd)
Clause 17 shall be added to Article 33 of Circular No. 12/2017/TT-BGTVT as
follows:
“17.
If the driver uses the fake driving license or another person’s lost driving
license to operate the road motor vehicle, the driving license-managing
authority shall update data on the violation on the driving license information
system from the date on which the violation is detected; in addition, the
driver shall take legal liability and may not be issued with another driving
license for 05 years since the violation is detected; if he/she wishes to be
re-issued with the driving license, he/she shall undergo driver training and
take driving tests again as initial time.
25. Clause 34 Article
12/2017/TT-BGTVT shall be amended as follows:
“Article
34. Verification of driving license
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2.
The driving license shall be verified as follows:
a)
The driving license shall be verified immediately via telephone, email or fax
and in writing afterwards;
b)
Before the verification result is available, the Department of Transport must
not replace or reissue the driving license, and allow the person to retake the
driving test.
3.
Deadline for verification
a)
Upon receipt of the list of driving licenses to be verified or valid
applications as prescribed in Article 38 hereof, the Department of Transport
shall issue a written request for verification of issued driving licenses;
b)
Upon receipt of the request for verification, the Department of Transport shall
provide verification of the issued driving licenses.”.
26. Article 35 of the
Circular No. 12/2017/TT-BGTVT (amended by Clause 5 Article 2 of Circular No.
01/2021/TT-BGTVT; Clause 2 Article 12 of Circular No. 05/2023/TT-BGTVT) shall
be amended as follows:
“Article
35. Issuance of driving license
1.
Any candidate who passes the driving test shall be granted the driving license
according to the class intended; the authentic copy of the driving license is
required in case of upgradation of driving license class or reissuance of the
driving license due to expiration as prescribed in Clause 1 Article 36 hereof
when he/she receives the driving license.
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3.
The driving license shall be issued within 10 working days from the date on
which the test is completed and given to the successful candidate after he/she
fulfils the obligation to pay charges for issuance of the driving license.
4. A
person holding a B1 driving license may apply for driver training to be issued
with a B2 driving license and a person holding a B2 driving license may apply
for driver training to be issued with a C driving license and must complete the
driver training program as prescribed. Each learner's application shall be
prepared in accordance with regulations in Clause 1, Article 9 of this
Circular; in case the learner passes the driving test, the test-organizing
authority shall submit a written request to the driving license-issuing
authority to issue a decision to revoke the old driving license and submit
another written request to Department for Roads of Vietnam to delete the issued
driving license register.".
27.
Clauses 1, 2, 3 and 6 Article 36 of the Circular No. 12/2017/TT-BGTVT (amended
by Clause 1 Article 12 of the Circular No. 05/2023/TT-BGTVT) shall be amended
as follows:
a)
Clause 1 Article 36 of the Circular No. 12/2017/TT-BGTVT shall be amended as
follows:
“1.
A driver whose driving license has expired shall:
a)
From 03 months to less than 01 year from the date of expiration, take the
theory test according to regulations in point a Clause 4 Article 21 of this
Circular for re-issuance of the driving license;
b)
From 01 year and over since the date of expiration, take the theory test
according to regulations in point a Clause 4 Article 21 of this Circular and
the practice tests on situational diagram and road for re-issuance of the
driving license;
c)
The application for driving tests shall be prepared according to regulations in
Clause 3 Article 19 of this Circular.”;
b)
Clause 2 Article 36 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 1
Article 12 of the Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
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a) An
application for replacement (re-issuance) of the driving license, using Form
prescribed in Appendix 19 enclosed herewith;
b)
Original application in accordance with the driving license (if any);
c)
Health certificate issued by the competent medical facility as prescribed,
except for re-issuance of A1, A2 or A3 class driving license with permanent
validity;
When
carrying out procedures for re-issuance of the driving license at the
application receipt area of the Department of Transport, the applicant shall
submit the application, be photographed and present authentic copies of
aforesaid documents (except for the sent original documents) for comparison.
The driving license shall be reissued after 02 months from the date on which
the valid application is submitted, provided that the license is not
confiscated by a competent authority or the driver’s name is not on the list of
the management authority.
Within
05 working days from the date on which the application for re-issuance of the
driving license is considered, the Department of Transport shall re-issue the
driving license and give it to the driver when he/she fulfils the obligation to
pay charges for issuance of the driving license; in case of refusal, a written
reply which specifies reasons shall be provided.”;
c)
Clause 3 Article 36 of Circular No. 12/2017/TT-BGTVT shall be amended as
follows:
“3.
A driver whose driving license is lost or expired for more than 03 months and
name is included in the testing management agency’s record shall take the
following tests if his/her license has not been confiscated or handled by the
competent agency after 02 months since submission of the valid application:
a)
Take the theory test again according to regulations in point a Clause 4 Article
21 of this Circular if the old license has expired from 03 months to less than
01 year;
b)
Take the theory test according to regulations in point a Clause 4 Article 21 of
this Circular and the practice tests on situational diagram and road if the old
license has expired from 01 year and over;
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d)
Clause 6 Article 36 of the Circular No. 12/2017/TT-BGTVT shall be amended as
follows:
“6.
The deadline for reissuance of the driving license is the same as that for
issuance of a new one (except for the case specified in Clause 2 of this
Article).”.
28. Clause 8 Article
37 of the Circular No. 12/2017/TT-BGTVT (amended by point b Clause 6 Article 2
of Circular No. 01/2021/TT-BGTVT; Clause 1 Article 12 of Circular No.
05/2023/TT-BGTVT) shall be amended as follows:
“8.
Procedures for replacing the driving license:
a)
When receiving the application, the Department of Transport shall conduct
inspection; in case the application is not valid according to regulations, the
Department of Transport shall notify the applicant in person or in writing or
through the online public service system of the contents to be added and
amended within 02 working days from the date of receipt of the application;
b)
The applicant shall be responsible for fulfilling the obligation to pay charges
for issuance of the driving license when his/her application is received as
prescribed; when submitting the application through the online public service
system, the applicant shall fulfill the obligation to pay charges for issuance
of the driving license through the payment function of the online public
service system as prescribed and pay other service fees upon their need.
c)
Within 05 working days from the date on which the valid application is received
as prescribed (including verification of eID account through the electronic
identification and authentication system), the Department of Transport shall
replace the driving license; in case of refusal, a written reply which
specifies reasons shall be provided;
d)
The driving license-issuing agency shall store the authentic copy of
application for replacement of driving license issued by the transport
authority (except for replacement of driving license through the online public
service system); copy of application for replacement of driving license or
foreign driving license, driving license issued by the public security,
military driving license issued by the Ministry of National Defense within 02
years from the date on which the driving license is issued. The corner of old license
shall be cut (except for foreign driving license) and the old license shall be
returned to the driver for preservation (in case of wholly online replacement
of driving license, the driver shall send the old driving license to the
issuing agency for cancellation according to regulations);
dd)
If the driver wishes to replace his/her driving license with a lower-class
driving license, he/she shall declare such replacement in the application for
replacement (re-issuance) of the driving license specified in Appendix 19
enclosed with this Circular and take responsibility for the declaration.”.
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a)
Clause 1 Article 38 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 7
Article 2 of Circular No. 01/2021/TT-BGTVT and Clause 8 Article 1 of Circular
No. 04/2022/TT-BGTVT) shall be amended as follows:
“1.
An application for replacement of driving license issued the transport
authority includes:
a) An
application for replacement of the driving license, using Form prescribed in
Appendix 19 enclosed herewith;
b)
Health certificate issued by the competent medical facility as prescribed,
except for replacement of A1, A2 or A3 class driving license;
c)
Copies of driving license and unexpired passport (foreigners and overseas Vietnamese).”,
b)
Clause 2 Article 38 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 1
Article 12 of the Circular No. 05/2023/TT-BGTVT) shall be amended as follows:
“2.
The applicant shall make an application specified in Clause 1 of this Article and
send it to the Department of Transport in person or via the online public
service system.”.
30. Article 39 of the
Circular No. 12/2017/TT-BGTVT (amended by Clause 21 Article 1 of Circular No.
38/2019/TT-BGTVT; Clause 8 Article 2 of the Circular No. 01/2021/TT-BGTVT;
Clause 1 Article 12 of Circular No. 05/2023/TT-BGTVT) shall be amended as
follows:
“Article
39. Procedures for replacing military driving licenses issued by the Ministry
of National Defense
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a) An
application for replacement of the driving license, using Form prescribed in
Appendix 19 enclosed herewith;
b) A
copy of military discharge decision signed by the Chief of Regiment and over.
Regarding laborers under contracts in military enterprises: A copy of the
decision to terminate the labor contract within 06 months since it is signed by
the competent department of the military enterprise.
c)
Health certificate issued by the competent medical facility as prescribed,
except for replacement of A1, A2 or A3 class driving license;
d)
Copy of unexpired military driving license
2. In
case of any question found, the agency issuing and replacing the driving
license shall issue a written request to the Department of Vehicles affiliated
to the Ministry of National Defense for verification;
3.
The application for replacement of military driving license is original
application including documents as specified in Clause 1 and Clause 2, this
Article. The corner of military driving license shall be cut and the military
driving license shall be returned to the driver for preservation.
31. Article 40 of the
Circular No. 12/2017/TT-BGTVT (amended by point a and point b Clause 22 Article
1 of Circular No. 38/2019/TT-BGTVT; Clause 9 and Clause 10 Article 2 of the
Circular No. 01/2021/TT-BGTVT; Clause 1 Article 12 of Circular No.
05/2023/TT-BGTVT) shall be amended as follows:
“Article
40. Procedures for replacing driving licenses issued by the public security
1.
Application for replacement of motorbike driving license issued before August
01, 1995 by the public security:
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a) An
application for replacement of the driving license, using Form prescribed in
Appendix 19 enclosed herewith;
b)
Original documents (if any);
c)
When carrying out procedures for replacement of the driving license, the driver
shall be photographed at the driving license-issuing agency and must present
authentic copies of aforesaid documents (except for authentic documents that
have been sent) for comparison.
2.
Application for replacement of driving license issued from August 01, 1995 by
the public security:
The
driver shall make an application and send it to the Department of Transport in
person. An application consists of:
a) An
application for replacement of the driving license, using Form prescribed in
Appendix 19 enclosed herewith;
b)
Copy of driving license; copy of Decision on retirement or discharge issued by
competent authority or copy of Decision on discontinuation of working in the
commune police force issued by the competent authority or copies of Decision to
terminate the labor contract and decision on recruitment or labor contracts
with a term of at least 12 months of units under the public security;
c)
Health certificate issued by the competent medical facility as prescribed,
except for replacement of A1, A2 or A3 class driving license;
d)
When carrying out procedures for replacement of the driving license, the driver
shall be photographed at the driving license-issuing agency and must present
authentic copies of documents specified in point b of this Clause (except for
authentic documents that have been sent) for comparison.
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3.
Application for replacement of driving license issued by the public security to
a civil learner of a People's Public Security school before July 31, 2020:
The
driver shall make an application and send it to the Department of Transport in
person. An application consists of:
a) Documents
as prescribed in points a, c and d Clause 2 of this Article;
b) A
copy of Decision acknowledging graduation issued by the School or Academy in
the People's Public Security;
c)
Original documents issued by the public security, including applications for
driving test, issuance and replacement of driving license certified by the head
of unit for which he/she is working; health certificate of the driver;
certificate of graduation from the driving training course; and record of
consolidated results of driving test;
d)
When carrying out procedures for replacement of the driving license, the driver
shall be photographed at the driving license-issuing agency and must present
authentic copies of aforesaid documents for comparison, except for documents
specified in point a and point c Clause 2 of this Article;
dd)
The application for replacement of driving license issued by the public
security is original application including documents as specified in point a
and point b Clause 3 of this Article. The corner of the driving license shall
be cut and the driving license shall be returned to the driver for preservation.
4. In
case of any question found, the agency issuing and replacing the driving
license shall issue a written request to the Department of Traffic Police under
the Ministry of Public Security or the Department of Transport managing driving
licenses for verification.”.
32.
Clause 1 shall be amended and Clause 4 shall be added to Article 41 of the
Circular No. 12/2017/TT-BGTVT (amended by Clause 23 Article 1 of Circular No.
38/2019/TT-BGTVT and Clause 1 Article 12 of Circular No. 05/2023/TT-BGTVT) as
follows:
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“1.
The driver shall make an application and send it to the Department of Transport
in person (where permanent/temporary residence or permanent settlement is
registered). An application consists of:
a) An
application for replacement of the driving license, (using Form prescribed in
Appendix 19 enclosed herewith with regard to Vietnamese persons or using Form
prescribed in Appendix 20 enclosed herewith with regard to foreign persons);
b) A
written translation of the foreign driving license in Vietnamese guaranteed in
quality by notary office or Embassy, Consulate in Vietnam for which the
translator works, affixed with fan stamping and copy of the driving license; in
case of Vietnamese, the consularly legalized driving license or foreign driving
license in accordance with law on consular certification and consular
legalization is required, except for cases of exemption as per regulations of
law;
c)
Health certificate issued by the competent medical facility as prescribed,
except for replacement of A1, A2 or A3 class driving license;
d)
Copy of permanent or temporary residence card, or diplomatic or consular
identity card; copy of written certification of permanent settlement in Vietnam
with regard to a foreign person.
When
carrying out procedures for replacement of the driving license, the driver
shall be photographed at the driving license-issuing agency and must present
authentic copies of aforesaid documents (except for authentic documents that
have been sent) for comparison.”;
b)
Clause 4 shall be added to Article 41 of Circular No. 12/2017/TT-BGTVT as
follows:
“4.
In case of any question about entry into and residence in Vietnam by the
foreign person found, the agency issuing and replacing the driving license
shall issue a written request to the Ministry of Foreign Affairs, Immigration
Department under the Ministry of Public Security, Immigration Division under
the police authority of a province and central-affiliated city for
verification;
33. Clause 4 Article
43 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 25 Article 1 of the
Circular No. 38/2019/TT-BGTVT) shall be amended as follows:
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a)
Training form: the applicant for driving license shall register with the
licensed training institution for training according to the driving training
program specified in Article 12 and Section A, Section B Appendix 31 enclosed
with this Circular. Ethnic minorities who are unable to read or write
Vietnamese shall be taught separately and interpreters are required;
b)
Training methods: visual images, traffic sign pictures, models, situational
diagrams and skills in handling road traffic situations; oral examination and
sample practice for implementation of contents of the driving training
program.”.
34. Clause 4 Article
44 of the Circular No. 12/2017/TT-BGTVT (amended by Clause 26 Article 1 of the
Circular No. 38/2019/TT-BGTVT) shall be amended as follows:
“4.
Provide driving tests for issuance of A1, A4 class driving licenses to ethnic
minorities who are unable to read or write Vietnamese
a)
Contents and procedures for driving tests shall be the same as those for
driving tests for A1 and A4 class driving licenses specified in Clauses 1, 2
and 3 Article 21 of this Circular;
b)
Driving tests shall be organized separately. A theory test can be an oral
examination or multiple-choice question test. The duration for the theory test
is 30 minutes. 02 (two) examiners perform their task of administering the test
taken by each candidate in turn; each candidate randomly selects 01 test
question from the questions; 01 examiner reads the question and observes the
candidate, 01 examiner marks (x) in the corresponding box selected by the
candidate on the theory test; examiners give scores and sign the theory test
for confirmation and the record of consolidated results and notify the test
results to candidates. An interpreter is required during the period the driving
test is taken. The interpreter shall interpret the question provided by the
examiner and answer given by the candidate in a full and accurate manner; the
training institution shall be responsible for hiring interpreters.
c)
Each candidate shall write his/her signature and leave fingerprints at the
signing position in the record of consolidated results, the theory test and the
record of practice test on situational diagram.”.
35. The following
Appendices in the Circular No. 12/2017/TT-BGTVT shall be replaced as follows:
a)
Appendix 3a issued together with the Circular No. 12/2017/TT-BGTVT shall be
replaced by Appendix XI issued together with this Circular;
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c)
Appendix 7 issued together with the Circular No. 12/2017/TT-BGTVT (replaced by
the Appendix I of the Circular No. 01/2021/TT-BGTVT) shall be replaced with
Appendix XIII enclosed with this Circular;
d)
Appendix 8 issued together with the Circular No. 12/2017/TT-BGTVT shall be
replaced by Appendix XIV issued together with this Circular;
dd)
Appendix 15a issued together with the Circular No. 12/2017/TT-BGTVT (replaced
by the Appendix II of the Circular No. 01/2021/TT-BGTVT) shall be replaced with
Appendix XV enclosed with this Circular;
e)
Appendix 15b issued together with the Circular No. 12/2017/TT-BGTVT (replaced
by the Appendix III of the Circular No. 01/2021/TT-BGTVT) shall be replaced
with Appendix XVI enclosed with this Circular;
g)
Appendix 19 issued together with the Circular No. 12/2017/TT-BGTVT (replaced by
the Appendix V of the Circular No. 01/2021/TT-BGTVT) shall be replaced with
Appendix XVII enclosed with this Circular;
h)
Appendix 20 issued together with the Circular No. 12/2017/TT-BGTVT shall be
replaced by Appendix XVIII issued together with this Circular;
i)
Appendix 29 issued together with the Circular No. 12/2017/TT-BGTVT (replaced by
the Appendix II of the Circular No. 04/2022/TT-BGTVT) shall be replaced with
Appendix XIX enclosed with this Circular;
k)
Appendix 30 issued together with the Circular No. 12/2017/TT-BGTVT (added in
the Appendix III of the Circular No. 04/2022/TT-BGTVT) shall be replaced with
Appendix XX enclosed with this Circular;
l)
Appendix 31 issued together with the Circular No. 12/2017/TT-BGTVT (added in
the Appendix IV of the Circular No. 04/2022/TT-BGTVT) shall be replaced with
Appendix XXI enclosed with this Circular;
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36. Appendices 33, 34,
35, 36, 37, 38, 39 and 40 shall be added to the Circular No. 12/2017/TT-BGTVT
as Appendices XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, XXIX, and XXX enclosed
with this Circular.
37. Clause 8 Article
10, point e Clause 5 and Clause 6 Article 30, Clause 9 Article 31, Appendices
5, 6 and 21 shall be annulled.
38. Appendix 24 is
issued together with the Circular No. 12/2017/TT-BGTVT (added in point c Clause
29 Article 1 of the Circular No. 38/2019/TT-BGTVT).
39. The following
phrases in some Appendices shall be annulled:
a)
The phrase “Cục Đường bộ Việt Nam” (Department for Roads of Vietnam) in
Appendix 11a (amended by clause 1 Article 12 of the Circular No.
05/2023/TT-BGTVT) shall be annulled;
b)
The phrases “TỔNG CỤC ĐBVN” (DIRECTORATE FOR ROADS OF VIETNAM), “Cục trưởng cục
Đường bộ Việt Nam” (Director of Department for Roads of Vietnam) and “TỔNG CỤC
TRƯỞNG” (GENERAL DIRECTOR) in Appendix 12a (amended by clause 1 Article 12 of
the Circular No. 05/2023/TT-BGTVT) shall be annulled;
c)
The phrases “VỤ” (DEPARTMENT), “Cục Đường bộ Việt Nam” (Department for Roads of
Vietnam), “Tổng cục” (Directorate), “TỔNG CỤC TRƯỞNG” (GENERAL DIRECTOR) and
“VỤ TRƯỞNG” (DIRECTOR) in Appendix 13 (amended by clause 1 Article 12 of the
Circular No. 05/2023/TT-BGTVT) shall be annulled;
d)
The phrases “TCĐBVN” (DIRECTORATE FOR ROADS OF VIETNAM), “Cục trưởng cục Đường
bộ Việt Nam” (Director of Department for Roads of Vietnam), “Vụ trưởng”
(Director), “Tổng cục Đường bộ Việt Nam” (Directorate for Roads of Vietnam) and
“TỔNG CỤC TRƯỞNG” (GENERAL DIRECTOR) in Appendix 16a (amended by clause 1
Article 12 of the Circular No. 05/2023/TT-BGTVT) shall be annulled;
dd)
The phrases “CĐBVN” and “Cục Đường bộ Việt Nam” (Department for Roads of
Vietnam) in Appendix 18a (amended by clause 1 Article 12 of the Circular No.
05/2023/TT-BGTVT) shall be annulled;
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Article
5. Amendments to some Articles of Circular No. 22/2019/TT-BGTVT dated June 12,
2019 of the Minister of Transport on registration of transport construction
machinery
1.
Clause 3 shall be added to Article 22 as follows:
“3.
When following procedures for initial issuance of Certificate of registration
and license plate of transport construction machinery; issuance of fixed-term
Certificate of registration and license plate; re-issuance and replacement of
Certificate of registration enclosed with license plate; re-issuance and
replacement of Certificate of registration without license plate; issuance of
Certificate of registration enclosed with temporary license plate; restoration
of chassis number and engine number, the transport construction machinery owner
shall be responsible for fulfilling the obligation to pay fee before receiving
administrative procedure processing results.”.
2.
Form No.1, Form No. 2, Form No. 3, Form No. 4, Form No. 8, Form No. 9 and Form
No. 10 Appendix 2 shall be replaced by Form No.1, Form No. 2, Form No. 3, Form
No. 4, Form No. 8, Form No. 9 and Form No. 10 Appendix XXXI enclosed with this
Circular respectively.
Article
6. Implementation
1.
This Circular comes into force from June 01, 2024.
2.
This Circular annuls Appendix 24 of the Circular No. 38/2019/TT-BGTVT dated
October 08, 2019 of the Minister of Transport on amendments to some Articles of
the Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of
Transport on driver training, driving tests, and issuance of driving licenses
to road motor vehicles.
3.
Transitional clauses
a)
Regarding training courses on which learners have enrolled before the effective
date of this Circular, training institutions shall continue organizing training
courses according to regulations in the Circular No. 12/2017/TT-BGTVT (amended
and added by Circular No. 38/2019/TT-BGTVT, Circular No. 01/2021/TT-BGTVT,
Circular No. 04/2022/TT-BGTVT, Circular No. 05/2023/TT-BGTVT);
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c) If
a learner applying for upgradation of his/her driving license underwent
training courses on fire safety and rescue skills in order to obtain his/her
driving license, he/she is not required to re-undergo such training courses
(the learner’s performance have been retained);
d) If
the competent authority cannot authenticate e-identification of an
organization/individual due to errors occurring in the electronic
identification and authentication system, the organization/individual shall
present one of the following valid documents: a copy of business registration
certificate, copy of ID card or copy of passport when following administrative
procedures.
4.
Chief of the Ministry's Office, Chief Inspector of the Ministry, Directors,
Director of Department for Roads of Vietnam, Directors of Departments of
Transport and Departments of Transport-Construction of provinces and central-
affiliated cities, Heads of relevant agencies, organizations and individuals
shall be responsible for implementation of this Circular./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Duy Lam