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MINISTRY OF TRANSPORT OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 38/VBHN-BGTVT
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Hanoi, September 04, 2024
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DECREE
PRESCRIBING CONDITIONS FOR PROVISION OF AUTOMOBILE DRIVER
TRAINING AND DRIVING TESTING SERVICES
The
Government’s Decree No. 65/2016/ND-CP dated July 01, 2016 prescribing
conditions for provision of automobile driver training and driving testing
services, which has been effective since July 01, 2016, is amended by:
1.
The Government’s Decree No. 138/2018/ND-CP dated October 08, 2018 amending some
Articles of the Government’s Decree No. 65/2016/ND-CP dated July 01, 2016
prescribing conditions for provision of automobile driver training and driving
testing services, which has been effective since December 01, 2018.
2.
The Government’s Decree No. 70/2022/ND-CP dated September 27, 2022 on
amendments to Decrees laying down regulations concerning road transport
business, which has been effective since November 01, 2022.
3.
The Government’s Decree No. 41/2024/ND-CP dated April 16, 2024 on amendments to
Decrees pertaining to management of automobile transportation, automobile
driver training services and driving testing services, which has been effective
since June 01, 2024.
Pursuant
to the Law on Government Organization dated June 19, 2015;
Pursuant
to the Law on Investment dated November 26, 2014;
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Pursuant
to the Law on Technical Regulations and Standards dated June 29, 2006;
Pursuant
to the Law on Vocational Education and Training dated November 27, 2014;
At
request of the Minister of Transport;
The
Government hereby promulgates a Decree prescribing conditions for provision of
automobile driver training and driving testing services[1].
Chapter
I
GENERAL PROVISIONS
Article
1. Scope
This
Decree prescribes conditions for provision of automobile driver training
(hereinafter referred to as “driver training”) and driving testing services.
Article
2. Regulated entities
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Article
3. Definitions[2]
1.
“driver training institution” refers to any vocational education and training
institution exercising the function of providing automobile driver training
courses.
2.
“driving school vehicle” is a vehicle used to train drivers, fitted with 02
signs “TẬP LÁI” (“DRIVING PRACTICE”) at the front and rear of the vehicle
according to the model prescribed in Appendix II of this Decree, with equipment
for tracking the practical driving time and distance of the learners, with an
auxiliary brake system installed to ensure effective braking at the seat of the
driving instructors, or a van with hood preventing from rain and sun, with
seats for learners, having an unexpired certificate of technical safety and
environmental protection for road motor vehicles.
3.
“vehicle for road test” refers to a vehicle used to test driving skills, fitted
with 02 signs “SÁT HẠCH” (“TEST”) at the front and rear of the vehicle and with
an auxiliary brake system to ensure effective braking, and having an unexpired
certificate of technical safety and environment protection for road motor
vehicles.
4.
“maximum training capacity” (hereinafter referred to as “MTC”) refers to the
highest number of learners which a training institution is permitted
to train at one time. MTC is determined by the total number of learners at all
levels, including learners attending both theory and practice
classes at the time of determination of MTC.
5. “driving
test center” refers to any facility which is constructed in conformity with the
National Technical Regulation, provides driving testing services and is
classified as follows:
a)
Grade-1 driving test centers: carrying out driving tests for classes A1, A2,
A3, A4, B1, B2, C, D, E and F ( including sub-categories FB2, FC, FD, FE);
b)
Grade-2 driving test centers: carrying out driving tests for classes A1, A2,
A3, A4, B1, B2 and C;
c)
Grade-3 driving test centers: carrying out driving tests for sub-classes A1,
A2, A3 and A4.
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Chapter
II
CONDITIONS FOR PROVISION OF DRIVER
TRAINING SERVICES, ISSUANCE AND REVOCATION OF DRIVER TRAINING LICENSES
Article
5. General conditions applicable to driver training institutions
1.
The driver training institution must be a vocational education and training
institutions that is lawfully established.
2.[4] (abrogated)
Article
6. Conditions for technical infrastructure
1.[5] System of classrooms:
a)
Theory classrooms: These classrooms are equipped with teaching aids that assist
in teaching: Road traffic laws, driver ethics, traffic etiquette, prevention
and control of harmful effects of alcoholic beverages, fire safety and rescue;
traffic signal system, driving test courses in the form of illustrations or
electronic display;
b)
Automobile engineering classrooms: These classrooms are equipped with
projectors serving as teaching aids that assist in teaching structure, regular
repair, and driving techniques; where projection contents lack videos,
simulations, suspension system, brake system, driving system, basic driving
maneuvers (adjusting driver’s seats, sitting position, steering wheel grip,
etc.), physical or electronic illustration of said contents are required; are
equipped with cross section models of engine, transmission system, electrical
system; where cross section models of engine, transmission system, electrical
system are not available, projection of videos and/or images is required.
Professional toolkits are required for the purpose of teaching learners to
replace tires, check engine oil, coolants (where appropriate); jacked up
automobiles are required to accommodate gear changing exercises while engine is
off or on (where appropriate); simulation equipment is required to accommodate
driver training;
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2.
Driving school vehicle
a)[6] Provide driving school
vehicles of all categories which driver training institutions have the lawful
rights to use; obtain driving school vehicle licenses from competent
authorities. Driver training institutions providing driver testing services
may, based on the period during which a vehicle is used for the driver test,
use such vehicle for both testing and training purposes provided that the
number of test vehicles used for calculating the MTC does not exceed 50% of the
number of test vehicles used for the driver training purpose;
b)[7] (abrogated)
c)[8] (abrogated)
d)
Leaner driver trucks for B1 and B2 classes shall have the payload of at least
1.000 kg and the quantity of such trucks shall not exceed 30% of total number
of the same driving school vehicle category;
dd)[9] (abrogated)
e)[10] (abrogated)
g)[11] (abrogated)
h)[12] (abrogated)
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k)[14] (abrogated)
3.
Driver training grounds
a)[15] Driver training
institutions have the lawful rights to use the driver training grounds;
b)
Any driver training institution with a TMC of 1,000 learners or more shall have
at least 02 training grounds under regulations of laws;
c)
Every driver training ground shall be equipped with traffic signs and model
obstacles to reproduce traffic situations mentioned in driving
lessons. Dimensions of such models shall conform to national technical
regulations on road motor vehicle driving test centers corresponding to each category
of vehicle;
d)
Every driver training ground shall be constructed at an appropriate height and
have drainage system installed to save it from flood; the track surfaces shall
be asphalted or covered with cement concrete and road marking and kerb shall be
put on shaped tracks for driver practice;
dd)
Lounges and seats for learners attending practice class shall be equipped;
e)
The minimum area of driver training ground for B1 and B2 classes shall be 8,000
m2; for B1, B2 and C shall be 10,000 m2; and for B1, B2,
C, D, E and F shall be 14,000 m2.
4.[16] (abrogated)
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1.
Every theoretical and practical instructor must meet the standards prescribed
in this Decree.
2.[18] (abrogated)
Article
8. Standards applicable to instructors, driving instructor's certificates
and power to grant driving instructor's certificates[19]
1.[20] General
standards: Every driving instructor must meet standards specified under
regulations of law on vocational education and training.
2.
Every theoretical driving instructor must obtain a Diploma or higher in law,
automobile technology, automobile engineering, automobile assembly or other
majors, in which the body of knowledge about automobile accounts for at least
30%, every instructor in charge of driving technique must gain a driver’s
license at least corresponding to the category of the training vehicle;
3.
Every practical driving instructor must meet the following standards:
a)
Obtain a driver’s license at least corresponding to the category of the
training vehicle, but not lower than class B2;
b) A
B1 or B2 driving instructor must gain a driver’s license valid for at least 03
years from the date of employment; a C, D, E and F driving instructor must gain
a driver’s license valid for at least 05 years from the date of employment;
c)
The driving instructor has completed the training course in practical driving
instruction according to the program promulgated by the competent authority and
has been issued with a practical driving instructor’s certificate using the
form in Appendix VI issued herewith.
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Article
9. Procedures for issuance, revocation of driving instructor’s certificates[22]
1. An
application for issuance of driving instructor’s certificate consists of:
a) An
application form, which is made using the form in the Appendix IV to this
Decree;
b) A
diploma or higher (enclosed with its original for comparison or certified true
copy or electronic certified true copy);
c) A
certificate of pedagogical training (enclosed with its original for comparison
or certified true copy or electronic certified true copy);
d) 01
3x4 cm color photo with blue background (ID-card type) and taken in the last 06
months.
Where
the documents specified in points b and c of this clause have been integrated
into the electronic identification account, the presentation and inspection
thereof may be done via the electronic identification account.
2.
Procedures
a)
Any individual applying for driving instructor’s certificate for the first time
shall submit 01 application specified in clause 1 of this Article to driver
training institution, whether in person or by post;
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c)
Within 03 working days from the end of the training program, the training
institution shall send a document according to the form in Appendix V to this
Decree and trainees’ application to the Department of Transport to request
issuance of driving instructor’s certificate, whether in person, by post or
electronically;
d)
The Department of Transport shall receive the list produced by the training
institution and applications; where applications are inadequate or inaccurate,
the Department of Transport shall, within 02 working day, request the training
institution in writing to complete it; where applications are adequate, the
Department of Transport shall, within 05 working days, organize examination and
assessment. Where applicants are ineligible, the Department of Transport must
give a written response specifying the reason to the training institution;
dd)
Within 03 working days from the date on which applicants pass the examination,
the Department of Transport shall issue driving instructor’s certificate to the
applicants in person or by post and record in the logbook using form in
Appendix VI to this Decree. Where applicants do not pass the examination, the
Department of Transport shall inform the applicants in writing.
3. A
driving instructor’s certificate will be revoked when:
a)
Any fraud act is committed for the purpose of participating in training and
examination to be issued with the driving instructor’s certificate;
b)
The driving instructor’s certificate is issued to an individual who does not
meet any of the standards specified in Article 8 hereof;
c)
The driving instructor’s certificate is issued by an agency or individual not
entitled to do so;
d)
The driving instructor’s certificate is erased or corrected;
dd)
The driving instructor’s certificate is borrowed or hired by other training
institutions for purposes other than education and instruction or by other
organizations or individuals.
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a)
Within 05 working days from the date on which the violation is discovered, the
authority entitled to issue driving instructor’s certificates shall issue a
decision on revocation of the certificate, inform relevant agencies for
cooperation and announce it on its website;
b)
The driving instructor’s certificate holder must hand back the certificate to
the issuing authority and cease to participate in training activities as soon
as the competent authority discovers the violation.
Article
9. Procedures for re-issuance of driving instructor’s certificates[23]
1. A
driving instructor’s certificate shall be re-issued where the certificate is
lost or damaged or has its contents changed.
a) An
application for re-issuance in case of loss or damage consists of the documents
specified in point a and point d clause 1 Article 9 of this Decree;
b) An
application for re-issuance in case of change(s) to contents consists of the
documents specified in point a and point d clause 1 Article 9 hereof and
documents relating to respective changes, to be specific: Change to name of the
applicant for driving instructor’s certificate: (Certified true) Copy of the
competent authority’s decision on change of name; change of date of birth and
ID Card.
Where
documents in Point b of this clause have been integrated in electronic
identification account, the presentation and inspection thereof may be done via
electronic identification account.
2.
Procedures
a)
The applicant shall submit 01 application to the Department of Transport,
whether in person or by post or via online public service portal;
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c)
Within 03 working days from the date on which an adequate application is
received, the Department of Transport shall issue driving instructor’s
certificate, whether in person or by post or via online public service portal
and record in logbook using form in the Appendix VI to this Decree.
Article
11. Driving school vehicle licenses and power to issue driving school vehicle
licenses[24]
1.
Each Department of Transport shall issue driving school vehicle licenses in
respect of driving school vehicles of training institutions under its
management using Form No. 1 and Form No. 2 in the Appendix VII attached hereto.
Effective period of the license corresponds to the effective period specified
on certificate of technical safety and environmental protection inspection for
motor vehicles and does not exceed legitimate useful life of driving school
vehicles.
2. A
driving school vehicle certificate will be revoked when:
a)
The license is issued to any driving school vehicle that does not meet one of
the conditions specified in clause 2 Article 3 and clause 2 Article 6 hereof;
b)
The license is erased or corrected;
c)
The license is used by other organizations or individuals for driving
instruction purpose;
d)
The training license is revoked or holder thereof dissolves;
dd)
The license is revoked at the training institution’s request;
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3.
The authority entitled to issue driving school vehicle licenses shall revoke a
driving school vehicle license as follows:
a)
Within 05 working days from the date on which the violation is discovered, the
authority entitled to issue driving instructor’s certificates shall issue a
decision on revocation of the license, inform relevant agencies for cooperation
and announce it on its website;
b)
The training institution holding the driving school vehicle license shall stop
using the driving school vehicles for which the learner vehicle license has
been revoked after the competent authority discovers the violation and shall
hand back the license to the issuing authority after the decision on revocation
of the license enters into force.
Article
12. Procedures for issuance of driving school vehicle licenses
1.
The application includes:
a) A
list of driving school vehicles to be granted the driving school vehicle
license, which is made using the form in the Appendix VIII enclosed with this
Decree;
b) A
certificate of vehicle registration (enclosed with its original for
comparison or certified true copy).
2.[25] Procedures
a)
The applicant shall send the list mentioned in point a clause 1 of this Article
enclosed with the application for issuance of the driver training license,
whether in person or by post to the Department of Transport;
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c)
Within 01 working day from the date on which the Department of Transport issues
driver training license to the training institution, the Department of
Transport must also issue driving school license. In case of rejection, a
written explanation shall be provided;
d)
Where the driving school vehicle license is re-issued or more training learner
driver are added: the training institution shall submit 01 application
consisting of the documents specified in clause 1 of this Article to the
Department of Transport, whether in person or by post or via online public
service portal;
dd)
Within 03 working days from the date on which the Department of Transport
receives an adequate application, the Department of Transport shall inspect it
and issue the driving school vehicle license to the training institution. In
case of rejection, a written explanation shall be provided;
e)
Where the electronic driver training license (with a two-way QR code) is
connected to the website of the Department of Transport to extract information
on automobiles, driver training courses, and effective period on the
certificate of technical safety and environmental protection inspection for
road motor vehicles, the Department of Transport must adhere to the Law on
Electronic Transactions and its guiding documents, and issue the electronic
driving school vehicle license on its website to allow the training institution
to print or archive it on electronic devices.
Article
13. Driver training licenses and power to issue driver training licenses
1.
Any driver training institution satisfying all conditions in Articles 5, 6
and 7 hereof shall be granted the driver training license by the competent
authority.
2.
The driver training license shall be issued using the form in Appendix IX to
this Decree; shall be re-granted in case of loss, damage or change(s) of its
contents.
3.
Power to issue driver training license:
a)[26] (abrogated)
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Article
14. Procedures for issuance of driver training licenses
1.[27] An application
consists of:
a) An
application form, which is made using form in the Appendix X to this Decree;
b)
Decision on establishment of vocational education and training institution
issued by the competent authority (a copy enclosed with its original for
comparison or certified true copy or electronic certified true copy);
c) A
driving instructor’s certificate (enclosed with its original for comparison or
certified true copy or electronic certified true copy);
d) A
certificate of vehicle registration (enclosed with its original for comparison
or certified true copy or electronic certified true copy).
Where
the documents specified in points b, c and d of this clause have been
integrated into the electronic identification account, the presentation and
inspection thereof may be done via the electronic identification account.
2.
Procedures
a)
After completing the construction of infrastructure and investment in equipment
and vehicles for driver training according to technical standards and
qualification requirements of the driver training institution, the applicant
shall submit 01 application for driver training license, whether in person or
by post, to the competent authority prescribed in clause 3 Article 13 hereof;
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c)[29] Within 10 working days
from the date of receiving an adequate application as prescribed, the Department
of Transport shall preside over and cooperate with local vocational education
and training authority in conducting site inspection of the training
institution, make a record according to the form in the Appendix XI to this
Decree, and issue the driver training license to eligible training institution.
In case of rejection, a written explanation shall be provided.
Article
15. Procedures for re-issuance of driver training licenses
1. A
driver training license shall be re-issued in case of changing in the category
of training vehicles or MTC.
a)[30] The application
consists of the documents specified in points a, c and d clause 1 Article 14
hereof (only adding changes to the latest license);
b)
Procedures
The
training institution shall submit an application to the competent authority
stipulated in clause 3 Article 13 hereof, whether in person or by post.
Within
05 working days from the date of receiving an adequate application as
prescribed, the competent authority shall cooperate with the vocational
education and training authority to carry out a site inspection and make a
record using the form in Appendix XI hereof;
Within
03 working days from the end of the inspection, the competent authority shall
re-issue the driver training license to the training institution. In case of
rejection, a written explanation shall be provided.
2.
The driver training license shall be re-issued in case of loss, damage or
change(s) in relation to other contents:
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b)
Within 03 working days from the date of receiving an adequate application as
prescribed, the competent authority shall re-issue the driver training license
to the training institution. In case of rejection, a written explanation shall
be provided.
Article
16. Procedures for revocation of driver training licenses
1. A
driver training institution will have its driver training license revoked if:
a)
The driver training institution is found committing fraud acts to be
established or granted the driver training license; or
b) No
driver training courses have been provided for 24 months from the date of issue
of the license; or
c)
The driver training institution is suspended twice or more within 18 months; or
d)
The license is granted ultra vires; or
dd)
Any erasure or correction falsifies information on the issued license; or
e)
The driver training institution leases out or lends the license; or
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h)[32] The driver training
institution has not provided driver training courses for 24 consecutive months
from the date on which the notice of suspension is issued without satisfying
the conditions for providing automobile driver training services; or
i)[33] The driver training
institution has not provided driver training courses for 24 consecutive months.
2.
The authority competent to grant driver training licenses shall revoked a
driver training license as follows:
a)
The competent authority shall issue a decision on driver training license,
notify relevant agencies for cooperation and publish the decision on the
website of the Department of Transport;
b)
The driver training institution shall return the driver training license to the
issuing authority and cease all driver training activities immediately after
the decision on revocation takes effect.
Chapter
III
CONDITIONS FOR PROVISION OF DRIVER TESTING
SERVICES, ISSUANCE AND REVOCATION OF CERTIFICATES OF DRIVING TEST CENTER’S
ELIGIBILITY FOR OPERATION
Article
17.[34] (abrogated)
Article
18. Conditions for infrastructure
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a)
Every grade-1, 2 and 3 driving test center shall cover an area of at least
35,000 m2, 20,000 m2 and 4,000 m2,
respectively;
b)[35] (abrogated)
c)[36] Number of motor
vehicles for testing: Testing for class A1, B1, B2, and C shall consist of 02
vehicles for each class and at least 01 vehicle for each other class (both
illustration and road test). These vehicles for testing must not be used for
other business activities. A minimum of 01 vehicle shall be required for road
test of each class. Organizations and individuals in possession of driver training
institutions must have the lawful rights to use vehicles for testing;
d)
There shall be at least 02 severs and 10 clients for the driving theory test
(for grade-3 driving test centers) and 20 clients for grade-1 and grade-2
driving test centers;
dd)
There shall be at least 02 computers equipped with driving test software for
maneuverability tests.
e)
There shall be at least 02 computers equipped with driving test software for
public road tests. One of them shall act as a sever with a separate local loop
and static IP address.
g)[37] Simulation equipment
for automobile driving testing: Shared with server and clients of theory
testing rooms; where separate installation is required, a minimum of 02 servers
and 10 clients containing software simulating traffic scenarios stipulated by
the Ministry of Transport.
2.
Technical conditions
Every
driving test center shall conform to the national technical regulation on road
motor vehicle driving test centers promulgated by the Ministry of Transport in
respect of lanes, traffic lights, road signs, stop lines, boundary lines; motor
vehicles for testing; devices used for driving theory test; devices used for
maneuverability tests; devices used for public road tests; administration
houses and other auxiliary facilities.
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1.
The competent authority shall grant certificates of driving test center’s
eligibility for operation to driving test centers that satisfy all conditions
stipulated in Article 18 hereof.
2.
The certificate of eligibility for operation shall be made using the form in
Appendix XII to this Decree; re-issued in case of loss, damage or change(s) in
relation to its contents or testing devices, quantity and type of automobiles
used for driving tests. The term of replacement of the existing certificate
shall be included in the new one.
3.[38] Each Department of
Transport shall issue and re-issue certificates of driving test center’s
eligibility for operation within provinces and central-affiliated cities.
Article
20. Approval for maneuverability courses of grade-1 and grade-2 driving test
centers
1.
The application includes:
a)[39] Decision on investment
guidelines given by the competent authority to local investors,
foreign-invested business organizations (foreign investors holding less than
51% of charter capital), except for projects exempt from approval for
investment guidelines or certificate of investment registration given to
foreign investors, foreign-invested business organizations (foreign investors
holding at least 51% of charter capital) (a copy enclosed with its original for
comparison or certified true copy);
b) A
layout drawing;
b) A
construction permit (enclosed with its original for comparison or certified
true copy);
d)
Design documentation, list of motor vehicles used for driving test and
automatic scorers.
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a)
The applicant shall submit an application including all above-mentioned
documents and application form to the Department for Transport, whether in
person or by post;
dd)
Within 05 working days from the date on which the Department of Transport
receives an adequate application, the Department of Transport shall inspect it
and issue the driving school vehicle license to the training institution.
Article
21. Procedures for issuance of certificates of grade-1 and grade-2 driving test
center’s eligibility for operation[41]
1.
Where the construction of a driving test center is completed, the applicant
shall send an application form for certificate of driving test center's
eligibility for operation to the Department of Transport.
2.
Within 10 working days from the date of receiving the application form, the
Department of Transport shall conduct an inspection and make a record using
form in the Appendix XIV attached hereto and issue the certificate of driving
test center's eligibility for operation. In case of rejection, a written
explanation shall be provided.
Article
22. Procedures for issuance of certificates of grade-3 driving test center’s
eligibility for operation
1.
The application includes:
a) A
construction permit (enclosed with its original for comparison or certified
true copy);
b) A
layout drawing and design documentation
of models for maneuverability tests, and list of motor vehicles used for
driving tests.
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a)
After completing the construction of the driving test center, the
applicant shall submit an application for certificate of driving test center’s
eligibility for operation to the Department of Transport, whether in person or
by post;
b) Within
05 working days from the date of receipt of the application, the Department of
Transport shall conduct an inspection and issue the certificate. In case of
rejection, a written explanation shall be provided.
Article
23. Procedures for re-issuance of certificates of driving test center’s
eligibility for operation
1.
Re-issuance of the certificate of driving test center’s eligibility for
operation in case of loss, damage or change(s) in testing devices, quantity or
type of automobiles used for driving tests.
a) The
driving test center shall submit an application form for re-issuance of the
certificate of driving test center’s eligibility for operation to the competent
authority prescribed in clause 3 Article 19 of this Decree, whether in person
or by post;
b)[42] Within 10 working days
from the date of receiving the application form, the Department of Transport
shall conduct an inspection and make a record using form in the Appendix XIV
attached hereto and issue the certificate of driving test center's eligibility
for operation. In case of rejection, a written explanation shall be provided.
2.
Re-issuance of the certificate of driving test center's eligibility for
operation in case of loss, damage or change(s) in its contents
a) The
driving test center shall submit an application form for re-issuance of the
certificate specifying the reason for loss or damage to the competent authority
prescribed in clause 3 Article 19 of this Decree, whether in person or by post;
b)
Within 03 working days, the competent authority shall re-issue the certificate
to the driving test center In case of rejection, a written explanation shall be
provided.
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1. A
driving test center will have its certificate of driving test center’s
eligibility for operation revoked if:
a)
The driving test center is found committing fraud acts to be granted the
certificate of driving test center’s eligibility for operation; or
b) No
driving tests have taken place within 24 months from the date of issue of the
certificate; or
c)
The certificate is suspended twice or more within 18 months; or
d)
The certificate is granted ultra vires; or
dd)
Any erasure or correction falsifies information on the issued certificate; or
e)
The driving test center leases out or lends the certificate; or
g)[43] The driving test
center dissolves as prescribed by law; or
h)[44] The driving test
center has not provided driving testing services for 24 consecutive months.
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a)
The authority entitled to issue certificates of driving test center’s
eligibility for operation shall issue a decision on revocation of the
certificate, inform relevant agencies for cooperation and announce it on its
website;
b)
The driving test center shall return the certificate of driving test center’s
eligibility to the issuing authority and cease all driving testing activities
immediately after the decision on revocation takes effect.
Chapter
IV
IMPLEMENTATION CLAUSE
Article
25.[45] (abrogated)
Article
26. Responsibility for organizing implementation
1.
The Ministry of Transport shall:
a) Stipulate
technical standards and qualification requirements for classrooms, driving
school vehicles, curriculum and training programs;
b)
Conduct inspection and examination, and impose penalties for violations arising
from the implementation of this Decree.
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d)[47] Regulate and provide
guidelines on management and use of data collected from distance and time
measuring devices for driving school vehicles.
2.
The Department for Road of Vietnam shall:[48]
a)[49] Organize the
compliance with conditions set out in this Decree, and inspect and examine such
compliance; provide training and instructions to Departments of Transport
regarding inspection and issuance of certificates of driving test center’s
eligibility for operation;
b) Periodically inspect the conformity with
national technical regulation on road motor vehicle test centers by driving
test centers;
c)
Publish and update the lists of driver training institutions and driving test
centers whose licenses are granted or revoked nationwide on the website of the
Department for Roads of Vietnam[50].
3.
People’s Committees of provinces and central-affiliated cities shall:
a)[51] (abrogated)
b)
Direct competent agencies to inspect and examine the compliance with this
Decree.
4.
Every Department of Transport shall:
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b)
Publish and update the lists of driver training institutions and driving test
centers whose licenses are granted or revoked on the website of the Department
of Transport under its management.
5.
Every driver training institution shall:
a)
Providing new driver training courses or for driving license upgrading in
conformity with MTC, duration, location and category of the driving license
stated in the license to offer driver training courses;
b)[52] Maintain and modernize
teaching infrastructure and equipment; and ensure that instructors and trainers
satisfy prescribed conditions; provide adequate facilities and equipment to
maintain environment hygiene and fire safety as per the law; hold training
courses every 3 years to develop professional expertise of practical driving
instructors prescribed by the Ministry of Transport.
6.[53] Every driving test
center shall ensure that its infrastructure or equipment for testing and
scoring, provide adequate facilities and equipment to maintain environment
hygiene and fire safety as per regulations of laws to assure the accuracy and
objectivity of driving tests.
Article
27. Effect and responsibility for implementation[54]
1.
This Decree comes into force as of July 01, 2016.
2.
Ministers, heads of ministerial agencies, heads of Governmental agencies,
Chairpersons of People’s Committees of provinces and central-affiliated cities,
relevant organizations and individuals are responsible for the implementation
of this Decree./.
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CERTIFIED BY
PP. THE MINISTER
THE DEPUTY MINISTER
Nguyen Xuan Sang
[1] Prelude to the Government’s Decree No. 138/2018/ND-CP dated
July 01, 2016 on amendments to the Government’s Decree No. 65/2016/ND-CP dated
July 01, 2016 providing for conditions for provision of automobile driver
training and driving testing services:
“The
Law on Government Organization dated June 19, 2015;
The
Law on Investment dated November 26, 2014; the Law on the amendments to Article
6 and Appendix 4 on the List of conditional lines of business of the Law on
Investment dated November 22, 2016;
The
Law on Road traffic dated November 13, 2008;
The
Law on Vocational Training and Education dated November 27, 2014;
At
request of the Minister of Transport;
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Prelude
to the Government’s Decree No. 70/2022/ND-CP on amendments to Decrees laying
down regulations concerning road transport business:
“The
Law on Government Organization dated June 19, 2015; the Law dated November 22,
2019 on Amendments to the Law on Government Organization and the Law on Local
Government Organization;
The
Law on Road traffic dated November 13, 2008;
The
Law on Investment dated June 17, 2020;
At
request of the Minister of Transport;
The
Government hereby promulgates a Decree on amendments to Decrees laying down
regulations concerning road transport business.”.
Prelude
to the Government’s Decree No. 41/2024/ND-CP on amendments to Decrees
pertaining to management of automobile transportation, automobile driver
training services and driving testing services:
“The
Law on Government Organization dated June 19, 2015; the Law dated November 22,
2019 on Amendments to the Law on Government Organization and the Law on Local
Government Organization;
The
Law on Road traffic dated November 13, 2008;
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At
request of the Minister of Transport;
The Government hereby
promulgates a Decree on amendments to Decrees pertaining to management of
automobile transportation, automobile driver training services and driving
testing services.”
[2] This Article
is amended by clause 1 Article 1 of the Decree No. 138/2018/ND-CP amending some
Articles of the Government’s Decree No. 65/2016/ND-CP prescribing conditions
for provision of automobile driver training and driving testing services, which
has been effective since December 01, 2018.
[3] This Article
is abrogated by Article 2 of the Decree No. 138/2018/ND-CP amending some
Articles of the Government’s Decree No. 65/2016/ND-CP prescribing conditions
for provision of automobile driver training and driving testing services, which
has been effective since December 01, 2018.
[4] This clause
is abrogated by Article 2 of the Decree No. 138/2018/ND-CP amending some
Articles of the Government’s Decree No. 65/2016/ND-CP prescribing conditions
for provision of automobile driver training and driving testing services, which
has been effective since December 01, 2018.
[5] This clause
is amended by clause 1 Article 1 of the Government’s Decree No. 41/2024/ND-CP
on amendments to Decrees pertaining to management of automobile transportation,
automobile driver training services and driving testing services, which has
been effective since June 01, 2024.
[6] This point
is amended by clause 2 Article 1 of the Government’s Decree No. 70/2022/ND-CP
dated September 27, 2022 on amendments and supplements to several Articles of
Decrees laying down regulations concerning road transport business, which has
been effective since November 01, 2022.
[7] This point
is abrogated by clause 3 Article 1 of the Government’s Decree No. 70/2022/ND-CP
dated September 27, 2022 on amendments and supplements to several Articles of
Decrees laying down regulations concerning road transport business, which has
been effective since November 01, 2022.
[8] This point
is abrogated by Article 2 of the Decree No. 138/2018/ND-CP amending some
Articles of the Government’s Decree No. 65/2016/ND-CP prescribing conditions
for provision of automobile driver training and driving testing services, which
has been effective since December 01, 2018.
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[10] This point
is abrogated by Article 2 of the Decree No. 138/2018/ND-CP amending some
Articles of the Government’s Decree No. 65/2016/ND-CP prescribing conditions
for provision of automobile driver training and driving testing services, which
has been effective since December 01, 2018.
[11] This point
is abrogated by Article 2 of the Decree No. 138/2018/ND-CP amending some
Articles of the Government’s Decree No. 65/2016/ND-CP prescribing conditions
for provision of automobile driver training and driving testing services, which
has been effective since December 01, 2018.
[12] This point
is abrogated by Article 2 of the Decree No. 138/2018/ND-CP amending some
Articles of the Government’s Decree No. 65/2016/ND-CP prescribing conditions
for provision of automobile driver training and driving testing services, which
has been effective since December 01, 2018.
[13] This point
is abrogated by Article 2 of the Decree No. 138/2018/ND-CP amending some
Articles of the Government’s Decree No. 65/2016/ND-CP prescribing conditions
for provision of automobile driver training and driving testing services, which
has been effective since December 01, 2018.
[14] This point
is abrogated by Article 2 of the Decree No. 138/2018/ND-CP amending some
Articles of the Government’s Decree No. 65/2016/ND-CP prescribing conditions
for provision of automobile driver training and driving testing services, which
has been effective since December 01, 2018.
[15] This point
is amended by clause 3 Article 1 of the Decree No. 138/2018/ND-CP amending some
Articles of the Government’s Decree No. 65/2016/ND-CP prescribing conditions
for provision of automobile driver training and driving testing services, which
has been effective since December 01, 2018.
[16] This point
is abrogated by Article 2 of the Decree No. 138/2018/ND-CP amending some
Articles of the Government’s Decree No. 65/2016/ND-CP prescribing conditions
for provision of automobile driver training and driving testing services, which
has been effective since December 01, 2018.
[17] This
Article is amended by clause 4 Article 1 of the Decree No. 138/2018/ND-CP
amending some Articles of the Government’s Decree No. 65/2016/ND-CP prescribing
conditions for provision of automobile driver training and driving testing
services, which has been effective since December 01, 2018.
[18] This clause
is amended by clause 19 Article 1 of the Government’s Decree No. 41/2024/ND-CP
on amendments to Decrees pertaining to management of automobile transportation,
automobile driver training services and driving testing services, which has
been effective since June 01, 2024.
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[20] This clause
is amended by point a clause 2 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
[21] This clause
is amended by point b clause 2 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
[22] This
Article is amended by clause 3 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
[23] This
Article is amended by clause 4 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
[24] This
Article is amended by clause 5 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing services,
which has been effective since June 01, 2024.
[25] This clause
is amended by clause 6 Article 1 of the Government’s Decree No. 41/2024/ND-CP
on amendments to Decrees pertaining to management of automobile transportation,
automobile driver training services and driving testing services, which has
been effective since June 01, 2024.
[26] This point
is amended by clause 19 Article 1 of the Government’s Decree No. 41/2024/ND-CP
on amendments to Decrees pertaining to management of automobile transportation,
automobile driver training services and driving testing services, which has
been effective since June 01, 2024.
[27] This clause
is amended by point a clause 7 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
[28] This clause
is amended by point b clause 7 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
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[30] This
Article is amended by clause 8 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
[31] This point
is amended by point a clause 9 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
[32] This point
is amended by point b clause 9 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
[33] This point
is amended by point c clause 9 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
[34] This
Article is abrogated by Article 2 of the Decree No. 138/2018/ND-CP amending
some Articles of the Government’s Decree No. 65/2016/ND-CP prescribing
conditions for provision of automobile driver training and driving testing
services, which has been effective since December 01, 2018.
[35] This point
is abrogated by Article 2 of the Decree No. 138/2018/ND-CP amending some
Articles of the Government’s Decree No. 65/2016/ND-CP prescribing conditions
for provision of automobile driver training and driving testing services, which
has been effective since December 01, 2018.
[36] This point
is amended by point a clause 10 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
[37] This point
is amended by point b clause 10 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing services,
which has been effective since June 01, 2024.
[38] This clause
is amended by clause 11 Article 1 of the Government’s Decree No. 41/2024/ND-CP
on amendments to Decrees pertaining to management of automobile transportation,
automobile driver training services and driving testing services, which has
been effective since June 01, 2024.
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[40] This clause
is amended by clause 12 Article 1 of the Government’s Decree No. 41/2024/ND-CP
on amendments to Decrees pertaining to management of automobile transportation,
automobile driver training services and driving testing services, which has
been effective since June 01, 2024.
[41] This
Article is amended by clause 13 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
[42] This point
is amended by clause 14 Article 1 of the Government’s Decree No. 41/2024/ND-CP
on amendments to Decrees pertaining to management of automobile transportation,
automobile driver training services and driving testing services, which has
been effective since June 01, 2024.
[43] This point
is amended by point a clause 15 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
[44] This point
is amended by point b clause 15 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing
services, which has been effective since June 01, 2024.
[45] This
Article is abrogated by Article 2 of the Decree No. 138/2018/ND-CP amending
some Articles of the Government’s Decree No. 65/2016/ND-CP prescribing
conditions for provision of automobile driver training and driving testing
services, which has been effective since December 01, 2018.
[46] This point
is amended by point a clause 10 Article 1 of the Decree No. 138/2018/ND-CP
amending some Articles of the Government’s Decree No. 65/2016/ND-CP prescribing
conditions for provision of automobile driver training and driving testing
services, which has been effective since December 01, 2018.
[47] This point
is amended by point a clause 16 Article 1 of the Government’s Decree No.
41/2024/ND-CP on amendments to Decrees pertaining to management of automobile
transportation, automobile driver training services and driving testing services,
which has been effective since June 01, 2024.
[48] The phrase
“Tổng cục Đường bộ Việt Nam” (“Directorate for Roads of Vietnam”) is replaced
with the phrase “Cục Đường bộ Việt Nam” (“Department for Roads of Vietnam”) as
prescribed in point a clause 1 Article 1 of the Government’s Decree No.
70/2022/ND-CP dated September 27, 2022 on amendments and supplements to several
Articles of Decrees laying down regulations concerning road transport business,
which has been effective since November 01, 2022.
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[50] The phrase
“Tổng cục Đường bộ Việt Nam” (“Directorate for Roads of Vietnam”) is replaced
with the phrase “Cục Đường bộ Việt Nam” (“Department for Roads of Vietnam”) as
prescribed in point a clause 1 Article 1 of the Government’s Decree No.
70/2022/ND-CP dated September 27, 2022 on amendments and supplements to several
Articles of Decrees laying down regulations concerning road transport business,
which has been effective since November 01, 2022.
[51] This point
is amended by clause 19 Article 1 of the Government’s Decree No. 41/2024/ND-CP
on amendments to Decrees pertaining to management of automobile transportation,
automobile driver training services and driving testing services, which has
been effective since June 01, 2024.
[52] This point
is amended by point b clause 10 Article 1 of the Decree No. 138/2018/ND-CP
amending some Articles of the Government’s Decree No. 65/2016/ND-CP prescribing
conditions for provision of automobile driver training and driving testing
services, which has been effective since December 01, 2018.
[53] This clause
is amended by point c clause 10 Article 1 of the Decree No. 138/2018/ND-CP
amending some Articles of the Government’s Decree No. 65/2016/ND-CP prescribing
conditions for provision of automobile driver training and driving testing
services, which has been effective since December 01, 2018.
[54] Articles 3 and 4 of the Decree No. 138/2018/ND-CP amending
some Articles of the Government’s Decree No. 65/2016/ND-CP prescribing conditions
for provision of automobile driver training and driving testing services, which
has been effective since December 01, 2018, stipulate that:
“Article
3. Transitional clauses
1.
Any practical driving instructor who is granted a certificate before effective
date of this Decree but has not satisfied the standards prescribed herein must
satisfy regulations of this Decree before July 01, 2019.
2.
Any driver training license or
certificate of driving test center’s eligibility for operation issued before
July 01, 2016 shall be re-issued upon its expiry provided that the institution
meets all conditions for provision of automobile driver training or testing
services.
3.
Any driver training institution or driving test center that is granted a driver
training license or certificate of driving test center’s eligibility for
operation before the effective date of this Decree shall keep providing the
driver training and testing, and be required to equip driving simulators, distance
and time measuring devices for driving school vehicles and driving test
simulators according to the road map stipulated by the Minister of Transport.
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1.
This Decree comes into force as of December 01, 2018.
2.
Ministers, heads of ministerial agencies, heads of Governmental agencies,
Chairpersons of People’s Committees of provinces and central-affiliated cities,
relevant organizations and individuals are responsible for the implementation
of this Decree./.”
Article
3 of the Government’s Decree No. 70/2022/ND-CP dated September 27, 2022 on
amendments and supplements to several Articles of Decrees laying down
regulations concerning road transport business, which has been effective since
November 01, 2022, stipulates that:
“Article
3. Implementation clause
1.
This Decree comes into force as of November 01, 2022.
2.
This Decree exists to annul regulations set forth in point b clause 2 Article 1
of the Government’s Decree No. 138/2018/ND-CP dated October 08, 2018 amending
some Articles of the Government’s Decree No. 65/2016/ND-CP dated July 01, 2016
prescribing conditions for provision of automobile driver training and driving
testing services.
3.
Transitional clauses
a)
If the application related to business in providing traffic safety investigator
training services (i.e. grant of approval for business of training
establishment; re-issuance of certificate of approval of training
establishment; issuance of practicing certificate; re-issuance of practicing
certificate; renewal of practicing certificate) is already submitted to the
Department for Roads of Vietnam in accordance with regulations prior to the
effective date of this Decree, handling of such application shall proceed under
the Government’s Decree No. 11/2010/ND-CP dated February 24, 2010,
prescribing management and protection of road infrastructure (several Articles
of which are amended and supplemented by the Decree
No. 100/2013/ND-CP dated September 3, 2013; the Decree No. 64/2016/ND-CP dated
July 1, 2016; the Decree No. 125/2018/ND-CP dated September 19, 2018;
the Decree No. 117/2021/ND-CP dated December 22, 2021);
b)
Certificates of approval of road safety investigator training establishment and
certificates of practicing as road safety investigator that are issued by the
Directorate for Roads of Vietnam before the effective date of this Decree shall
remain valid according to the validity period shown in these certificates;
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4.
Ministers, heads of ministerial agencies, heads of Governmental agencies,
Chairpersons of People’s Committees of provinces and central-affiliated cities,
relevant organizations and individuals are responsible for the implementation
of this Decree./.”
Articles
4 and 5 of the Government’s Decree No. 41/2024/ND-CP on amendments to Decrees
pertaining to management of automobile transportation, automobile driver
training services and driving testing services, which has been effective since
June 01, 2024, stipulate that:
“Article
4. Transitional clauses
1.
Driving instructor’s certificates, driving school vehicle licenses, automobile
driver training certificates and certificates of driving test center’s
eligibility for operation issued by the competent authority before the
effective date of this Decree shall remain valid unit their expiry.
2.
Driver training institutions shall install distance and time measuring devices
for driving school vehicles from the date on which a National Regulation
replacing National Regulation QCVN 105:2020/BGTVT (National technical
regulation on distance and time measuring devices for driving school vehicles)
comes into force.
3.
Any application for certificate of driving test center’s eligibility for
operation received by the Department for Roads of Vietnam before the effective
date hereof shall be processed in accordance with Decree
No. 65/2016/ND-CP amended by Decree No. 138/2018/ND-CP.
4.
Any Class D transport permit issued by the Department for Roads of Vietnam
before the effective date hereof shall remain valid unit its expiry.
Article
5. Implementation clause
1.
This Decree comes into force from June 01, 2024.
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