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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.
55/VBHN-BGTVT
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Hanoi,
September 29, 2022
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DECREE
ON REQUIREMENTS
FOR PROVISION OF CAR DRIVER TRAINING AND TESTING SERVICE
Decree No. 65/2016/ND-CP dated July 01, 2016 of
the Government on requirements for provision of car driver training and testing
services, which comes into force from July 01, 2016, is amended from:
1. Decree No. 138/2018/ND-CP dated October 08,
2018 of the Government, which amends certain Articles of Decree No.
65/2016/ND-CP dated July 01, 2016 of the Government on requirements for
provision of car driver training and testing services, which comes into force
from December 01, 2018.
2. Decree No. 70/2022/ND-CP dated September 27,
2022 of the Government amending certain Articles of Decrees laying down
regulations concerning road transport business, which comes into force from
November 01, 2022.
Pursuant to the Law on Government
Organization dated June 19, 2015;
Pursuant to the Law on Investment dated
November 26, 2014;
Pursuant to the Law on Road Traffic dated
November 13, 2008;
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Pursuant to Law on Vocational Education dated
November 27, 2014;
At the request of the Minister of Transport;
The Government promulgates a Decree on
requirements for provision of car driver training and testing service1.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides for requirements for
provision of car driver training and testing service.
Article 2. Regulated entities
This Decree applies to driver training
institutions, driving test centers and entities providing car driver training
and testing services in Vietnam.
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1. “Driver training institution” refers to any
vocational education and training institutions providing car driver training
courses.
2. “dual-control car” is a car used to train
drivers, fitted with 2 signs “TẬP LÁI” (“PRACTICE DRIVING”) at the front and
rear of the car as the model prescribed in Appendix II of this Decree, with
equipment for tracking the practical driving time and distance of the trainees,
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 trainees, having a certificate of technical safety and
environmental protection for road motor vehicles which remains valid.
3. “car for road test” is a car used to test
driving skills, fitted with 2 signs “SÁT HẠCH” (TEST) at the front and rear of
the car, with an auxiliary brake system to ensure effective braking, with a
certificate of technical safety and environment protection for road motor
vehicles which remains valid.
4. “maximum training capacity” or “MTC"
refers to the highest number of trainees which could be within the training
institution at one time. MTC is determined by combination of learners at all
categories, including learners of 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 on
driving testing services and is classified as follows:
a) Grade-1 driving test centers: carrying out
driving tests for categories 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 categories A1, A2, A3, A4, B1, B2 and C;
c) Grade-3 driving test centers: carrying out
driving tests for sub-categories A1, A2, A3 and A4.
Article 4. [2] (annulled)
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REQUIREMENTS FOR PROVISION OF DRIVER TRAINING SERVICES
AND ISSUE AND REVOCATION OF LICENSES TO OFFER DRIVER EDUCATION AND TRAINING
COURSES
Article 5. Requirements for driver training
institutions
1. Driver training institutions are recognized
as vocational education and training institutions that are lawfully
incorporated.
2.[3] (annulled)
Article 6. Technical facility requirements
1. With respect to specialty classrooms
a) Adequate theoretical and practical classrooms
shall be constructed in conformity with the technical standards and training
capacity under regulations of the Ministry of Transport.
b) Any driver training institution with the MTC
of 500 learners or more shall have at least 02 classrooms for lessons in laws
on road traffic and 02 driving technique classrooms ; those with the MTC of
1.000 learners or more shall have at least 03 classrooms for lessons in laws on
road traffic and 03 driving technique classrooms;
c) Every classroom for lessons in laws on road
traffic shall be equipped with audiovisual equipment (screens, projectors),
pictures of road sign system;
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dd)5 Driving technique classrooms
shall be equipped with audiovisual equipment (disks, projectors...); diagrams
or pictures/photos describing basic maneuvers (adjusting drivers’ seat, driving
position and posture; cars for gear changing practice (they may be located in a
separate place), car driving simulators;
e) Freight classrooms shall be equipped with
chalkboards, diagrams for cargo freight or passenger transport, and symbols
applied to parcels;
g) Practical classrooms for automotive
maintenance and repair shall be equipped with air ventilation and lighting
systems, specialized automotive repair and maintenance equipment, necessary
facilities for auto assembly and disassembly, chalkboards, desks and chairs,
well-operating complete engines, transmission system, wheeling systems and
electrical systems. Such classrooms shall be constructed in conformity with
regulations on occupational health and safety; and floors shall be saved from
cracks and slipperiness.
h)6 (annulled)
2. With respect to cars for learner drivers
(hereinafter refer to as “learner driver car”)
b)8 (annulled)
c)9 (annulled)
d) Leaner driver trucks for categories B1 and B2
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 learner driver car category;
dd)10 (annulled)
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g)12 (annulled)
h)13 (annulled)
i)14 (annulled)
k)15 (annulled)
3. Driver training grounds
a)16 The driver training ground may
be under the legal right to use of the driver training institution;
b) Any driver training institution with MTC of
1.000 trainees 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. Sizes of driving test tracks shall be conformable
to the national technical regulations on road motor vehicle driving test
centers for each respective vehicle category;
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;
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e) The minimum area of driver training ground
for categories B1 and B2 shall be 8.000 m2; for categories B1, B2
and C shall be 10.000 m2; and for categories B1, B2, C, D, E and F
shall be 14.000 m2.
4.[4] (annulled)
Article 7. Requirements for instructors [5]
1. Every theoretical and practical driving
instructor must meet requirements prescribed herein.
2. The ratio of practical driving instructor to
dual-control car is at least 1:1.
Article 8. Qualifications for instructors,
driving instructors' licenses and competence to grant driving instructor
licenses [6]
1. General qualifications: Every driving
instructor must acquire qualifications for instructors at elementary level in
accordance with law on vocational education;
2. Every theoretical driving instructor must
obtain a Level 4 of VQF 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 driving license at least corresponding
to the category of the training car;
3. Every practical driving instructor must
acquire the following qualifications:
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b) A B1 or B2 driving instructor must gain a
driving license valid for at least 3 years from the date of employment; a C, D,
E and F driving instructor must gain a driving license valid for at least 5
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 license using the form in Appendix VI issued herewith.
4. Authority competent to grant a practical
driving instructor’s license
a) Department for Roads of Vietnam20
has competence to grant practical driving instructor’s licenses to instructors
of training institutions affiliated to central agencies designated by the
Ministry of Transport;
b) Department of Transport has competence to
grant practical driving instructor’s licenses to instructors of training
institutions under management of local governments.
Article 9. Procedures for
issue of driving instructor licenses
1. The application for driving instructor
license includes:
a) An application form made using the form in
the Annex IV enclosed herewith;
b) A two-year associate degree or higher or
certificate of preliminary vocational training skills (certified true copy of
or copy enclosed with the original for collation);
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d) A Pedagogy Certificate (certified trued copy
or copy enclosed with original for collation);
dd)22 (annulled)
e) 01 color ID-style photos (3x4), blue
background, taken within the past 06 months.
2. Procedures for issue of driving instructor
licenses
a)23 The individual or driver
training institution (hereinafter referred to as “applicant”) shall submit an application
to the competent authority specified in Clause 4 Article 8 hereof directly or
by post;
b)24 The Department of Transport or
Department for Roads of Vietnam25 shall examine and appraise the
application (if the applicant is an individual) or application and the list
made using the form enclosed in the Annex V herewith (if the applicant is an
institution) within 5 working days from receipt of the complete application. In
case any individual is found not eligible for the driving instructor license, the
Department of Transport or Department for Roads of Vietnam26 shall
send the applicant a notice of which reason for rejection shall be specified;
c) Within 03 working days from the date on which
the examination result is obtained, the Department of Transport or Department
for Roads of Vietnam27 shall consider granting the applicant the
driving instructor license made using the form in Annex VI enclosed herewith. In
case any individual is found not eligible for the driving instructor license,
the Department of Transport or Department for Roads of Vietnam28
shall send such applicant a written notice.
Article 10. Procedures for reissue of driving
instructor licenses
1.[7] A practical driving instructor’s license may be re-issued if
it is lost, damaged or has any change in the content. The application shall
consists of required documents prescribed in Point a and Point e Clause 1
Article 9 hereof.
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a)30 The individual or driver
training institution (hereinafter referred to as “applicant”) shall submit an
application to the competent authority specified in Clause 4 Article 8 hereof
directly or by post;
b) The Department of Transport or Department for
Roads of Vietnam31 shall examine and appraise the application (if
the applicant is an individual) or application and the list made using the form
enclosed in the Annex V herewith (if the applicant is an institution). In case
any individual is found not eligible for the driving instructor license, the
Department of Transport or Department for Roads of Vietnam32 shall
send the applicant a notice of which reason for rejection shall be specified;
c) Within 03 working days from the date of
receipt, the Department of Transport or Department for Roads of Vietnam33
shall consider re-granting the applicant the driving instructor license made
using the form in Annex VI enclosed herewith.
Article 11. Certificate of eligibility for learner
driver cars and competent to grant certificates of eligibility for learner
driver cars
1. The Certificate of eligibility for learner
driver car made using the form in Annex VII enclosed herewith shall be issued
by the competent authority. The certificate validity period is up to the
permissible useful life of the driver learner car.
2. The competence of issue of Certificate of
eligibility for learner driver car is as follows:
a) The Department for Roads of Vietnam34
has the competence of issue of the Certificate of eligibility to driver learner
cars of driver training institutions affiliated to the Central authority
designated by the Ministry of Transport;
b) Every Department of Transport has the
competence of issue of the Certificate of Eligibility to driver learner cars of
driver training institutions within their administration.
Article 12. Procedure for grant of
Certificates of eligibility for learner driver cars
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a) A list of learner driver cars (made using the
form in Annex VIII enclosed herewith) expected to be granted the Certificate of
eligibility for learner driver car;
b) A Certificate of vehicle registration (a
certified true copy or copy enclosed with the original for collation).
2. Procedures for issue of the Certificate of
eligibility for learner driver car
a) The applicant shall submit the list of
learner driver cars prescribed in point a, clause 1 of this Article and an
application for the license to offer driver training courses to the competent
authority specified in clause 2, Article 11 hereof directly or by post;
b) The Department of Transport or Department for
Roads of Vietnam35 shall consider granting the Certificate of
eligibility for learner driver car and License to offer driver training courses
at the one time;
c) Within 01 working day from the date of issue
of the License to offer driver training course, the Department of Transport or
Department for Roads of Vietnam36 shall grant the Certificate of
eligibility for learner driver car. In case of rejection, the competent
authority shall send the applicant a written notice which specifies reasons for
rejection;
d) Procedures for reissue or adjustment to the
Certificate of eligibility for learner driver car: The applicant shall submit
an application including all documents specified in clause 1 of this Article to
the competent authority stipulated in clause 2 Article 11 hereof directly and
by post.
Within 03 working days from the date of
receipt of the application, the Department of Transport or Department for Roads
of Vietnam37 shall examine and consider re-granting the Certificate
of eligibility for learner driver car. In case of rejection, the competent
authority shall send the applicant a written notice which specifies reasons for
rejection.
Article 13. Licenses to provide driver
training and competence to issue licenses to offer driver training courses
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2. The License to offer driver training course
shall be made using the form in Annex IX enclosed herewith and shall be
re-granted in case of loss, damage or changes.
3. The competence to issue license to offer
driver training course are as follows:
a) The Department for Roads of Vietnam38
has the competence to issue and reissue the License to provide driver training
to driver training institutions affiliated to the Central authority designated
by the Ministry of Transport;
b) Every Department of Transport has the
competence to issue and reissue the License to offer driver training course to
driver training institutions within their administration.
Article 14. Procedure for grant of Licenses
to offer driver training courses
1. The application for the License to offer
driver training course:
a) An application for License to offer driver
training course made using the form in Annex X enclosed herewith;
b) A Decision on establishment of the vocational
education and training institution (certified true copy or copy enclosed with
the original for collation) issued by the competent authority;
c)39 (annulled)
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dd) A Certificate of vehicle registration
(certified true copy or copy enclosed with the original for collation).
2. Procedures for issue of License to offer
driver training course
a) After the completion of facilities,
equipment, vehicles and teaching tools under the national technical standards,
the applicant shall submit an application for License to offer driver training
course to the competent authority prescribed in clause 3, Article 13 hereof directly
or by post;
b) In case of the incomplete application, the
Department of Transport or Department for Roads of Vietnam40 shall
notify the applicant in writing within 02 working days from the date of
receipt;
c) Within 10 working days from the date of
receipt of the complete application, the Department of Transport or Department
for Roads of Vietnam41 shall take charge of and cooperate with the
vocational education and training authority in carrying out an on-site
inspection of the applicant, preparing an on-site inspection record and
consider granting the License to offer driver training course to the eligible
applicant. In case of rejection, the competent authority shall send the
applicant a written notice which specifies reasons for rejection.
Article 15. Procedure for reissue of Licenses
to offer driver training courses
1. Reissue of the License to offer driver
training course in case of changes in the driving license categories or MTC.
a) All documents required in points a, d and dd,
clause 1, Article 14 hereof ( only changes against the last license is
supplemented);
b) Procedures for reissue of License to provide
driver training
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Within 05 working days from the date of receipt
of the complete application, the competent authority shall cooperate with the
vocational education and training authority in carrying out an on-site
inspection and making out an on-site inspection record using the form in Annex
XI hereof;
Within 03 working days from the termination of
on-site inspection, the competent authority shall consider re-granting the
License to offer driver training course to the eligible applicant. In case of
rejection, the competent authority shall send the applicant a written notice
which specifies reasons for rejection.
2. Re-grant of the license to offer driver
training course in case of loss, damage or changes in related information:
a) The applicant shall submit an application for
re-issue of the License to offer driver training course and specify reasons for
loss or damage or changes to the competent authority directly or by post;
b) Within 03 working days from the date of
receipt of complete application, the competent authority shall consider
re-granting the License to offer driver training course to the eligible
applicant. In case of rejection, the competent authority shall send the
applicant a written notice which specifies reasons for rejection.
Article 16. Revocation of Licenses to offer
driver training courses
1. A driver training institution shall have its
License to offer driver training course revoked if:
a) The driver training institution is found
committing illegal acts for being established or granted the License to offer
driver training course;
b) The driver training has not been provided for
24 months from the date of issue of the License;
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d) The License to offer driver training course
is granted ultra vires;
dd) Information stated on the existing License
is illegally amended or erased;
e) The License to offer driver training course
is used for lease.
2. The competent authority granting the License
to offer driver training course shall carry out the revocation as follows:
a) The competent authority shall release a
Decision on revocation of License to offer driver training course, notify to
relevant agencies and publish the decision on the website of the Department of
Transport;
b) The driver training institution shall return
the License to offer driver training course to the issuer and cease the
operation right after the Decision on Revocation takes effect.
Chapter III
REQUIREMENTS FOR PROVISION OF DRIVER TESTING SERVICES,
ISSUE AND REVOCATION OF CERTIFICATE OF ELIGIBILITY FOR OPERATION TO DRIVING
TEST CENTERS
Article 17. [8] (annulled)
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1. General requirements
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)43 (annulled)
c)44 Number of motor
vehicles used for road test: The number of vehicles for driving testing in
tracks for categories A1, B1, B2 and C shall be at least 02 for each respective
category, and at least 01 for other categories and such vehicles are not used
for any business purpose; and the number of vehicles for driving testing on
public roads for categories A1, B1, B2 and C shall be 01 for each respective category.
The vehicles for driving testing are under legal right to use of the entities
having driving test centers.
d) There shall be at least 02
severs and 10 clients for the theory driving 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 installed with driving test software for the maneuverability test for
each grade of driving test centers;
e)There shall be at least 02
computers installed with driving test software for the practical driving test
on public and open roads. One of them shall perform as sever with a separate
local loop and static IP address.
g)45 Car test
stimulator: There is at least one equipment installed with a car test
stimulation software prescribed by the Ministry of Transport.
2. Technical requirements
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Article 19. Certificate of eligibility for
operation
1. The competent authority shall grant
Certificates of eligibility for operation to driving test centers that satisfy
all requirements stipulated in Article 18 hereof.
2. The Certificate of eligibility for operation
shall be made using the form in Annex XII enclosed herewith and shall be
re-issued in case of loss, damage or changes related to information or testing
devices, quantity and type of cars used for driving tests. The term of replacement of the existing certificate
shall be included in the new one.
3. The competence in issuing Certificate of
eligibility for operation is as follows:
a) The Department for Roads of Vietnam46
shall have the competence in issuing or re-issuing the Certificate of
eligibility for operation to grade-1 and grade-2 driving test centers;
b) Every Department of Transport has the
competence in issuing or re-issuing the Certificate of eligibility for
operation to grade-3 driving test centers within the province.
Article 20. Application for approval for
maneuverability course layout of grade-1 and grade-2 driving test centers
1. The application for approval for
maneuverability course layout includes:
a)47 Approval for project proposal
given by competent authority to local investors, foreign-invested business
entities (foreign investors holding less than 51% of charter capital), except
for projects exempt from approval for project proposal or certificate of investment
registration given to foreign investors, foreign-invested business entities
(foreign investors holding at least 51%) (copies together with originals or
certified true copies);
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c) A construction permit ( certified trued copy
or copy enclosed with original for collation);
d) Design documentation, list of cars used for
driving test and automatic scorers.
2. Procedures for approval for maneuverability
course layout
a) The applicant shall submit 02 applications
including all above-mentioned documents and application forms to the Department
for Roads of Vietnam48 directly or by post;
b) Within 05 working days from the date of
receipt of the complete application, the Department for Roads of Vietnam49
shall send the applicant and the Department of Transport a decision on approval
in writing. In case of rejection, the Department for Roads of Vietnam shall
send the applicant a written notice which specifies reason for rejection. If no
response is made after the set forth deadline, the maneuverability course
layout is deemed to be approved.
Article 21. Procedures for issue of
certificates of eligibility for operation to grade-1 and grade-2 driving test
centers
1. After completion of construction of the
driving test center, the applicant shall submit an application to the
Department for Roads of Vietnam50 for being examined and granted a
certificate of eligibility for operation.
2. Within 10 working days from the date of
receipt, the Department for Roads of Vietnam51 shall cooperate with
the Department of Transport in examining and considering granting the
certificate. In case of rejection, the competent authority shall send the
applicant a written notice which specifies reasons for rejection.
Article 22. Procedures for issue of Certificate
of eligibility for operation to grade-3 driving test centers
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a) A construction permit (certified trued copy
or copy enclosed with original for collation);
b) A layout drawing and design documentation of
models for maneuverability tests, and list of cars used for driving tests.
2. Procedures for issue of certificate of
eligibility for operation
a) After completion of construction of the
driving test center, the applicant shall submit an application for Certificate
of eligibility for operation to the Department of Transport directly or by
post;
b) Within 05 working days from the date of
receipt of the application, the Department of Transport shall examine and
consider granting the Certificate. In case of rejection, the competent
authority shall send the applicant a written notice which specifies reasons for
rejection.
Article 23. Procedures for re-issue of
Certificate of eligibility for operation to driving test centers
1. Reissue of Certificate of eligibility for
operation in case of alteration to driving testing devices, quantity and types
of motor vehicles used for driving test:
a) The applicant shall submit an application for
re-issue of Certificate of eligibility for operation to the competent authority
prescribed in clause 3, Article 19 hereof directly or by post;
b) Within 10 working days from the date of
receipt, the Department for Roads of Vietnam52 shall cooperate with
the Department of Transport in examining the application and considering
re-grating the Certificate of eligibility for operation to the grade-1 and
grade-2 driving test centers. The Department of Transport shall examine the
application and consider re-granting the Certificate of eligibility for
operation to grade-3 driving test centers. In case of rejection, the competent
authority shall send the applicant a written notice which specifies reasons for
rejection.
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a) The applicant shall submit an application for
re-issue of Certificate of eligibility for operation with specific reasons for
loss or damage to the competent authority prescribed in clause 3, Article 19
hereof directly or by post;
b) Within 03 working days, the competent
authority shall consider re-granting the Certificate of eligibility for
operation to the applicant. In case of rejection, the competent authority shall
send the applicant a written notice which specifies reasons for rejection.
Article 24. Revocation of Certificate of
eligibility for operation
1. A driving test center shall have its
Certificate of eligibility for operation revoked if:
a) The driving test center is found committing
illegal acts for being granted the Certificate of eligibility for operation;
b) No driving test has been taken place within
24 months from the date of grant of the Certificate;
c) The Certificate is suspended twice or more
within 18 months;
d) The Certificate is granted ultra vires;
dd) Information stated on the granted
Certificate is illegally amended or erased;
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2. The competent authority granting Certificate
of eligibility for operation shall carry out the revocation of such Certificate
as follows:
a) The competent authority shall release a
Decision on revocation of the Certificate of eligibility for operation, notify
it to relevant agencies and publish the decision on their websites;
b) The driving test center shall return the
Certificate of eligibility for operation to the issuer (the competent
authority) and cease the operation right after the Decision on revocation takes
effect.
Chapter IV
IMPLEMENTATION CLAUSES
Article 25. [9] (annulled)
Article 26. Responsibilities of
implementation organizations
1. The Ministry of Transport shall:
a) Pass technical standards on classrooms,
learner driver cars, training grounds, curriculum and training programs;
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c)54 Stipulate regulations, road map
to equip simulators for driving training and test, the equipment to track
practical time and distance of learners; provide guidelines for application of
information technology in management and supervision of theoretical period of
time for learners of driver training institutions.
2. The Department for Roads of Vietnam shall:[10]
a) Conduct inspections of the compliance with
requirements hereof and direct driving test centers to run driving tests for
learners of driver training institutions within their administration;
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 on the website of the Department for Roads of Vietnam56.
3. Every Provincial People’s Committee shall:
a) Cooperate with the Ministry of Transport in
inspecting and supervising the planning for driving test centers and driver
training institutions;
b) Direct functional agencies to conduct
inspection of 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 within its
administration.
5. Every driver training institution shall:
a) Providing driver training courses for
refreshers 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 course.
b)57 Maintain and modernize
facilities and teaching tools; and ensure that instructors and trainers satisfy
prescribed requirements; provide adequate facilities and equipment to ensure
environment hygiene and fire safety as per the law; hold training courses 3
times a year to improve practices of practical driving instructors prescribed
by the Ministry of Transport.
6.[11] Every driving test center shall ensure that their facilities
or devices for testing and scoring, provide adequate facilities and equipment
to ensure environment hygiene and fire safety conformable to regulations of
laws to facilitate the accuracy and objectivity of driving tests.
Article 27. Entry into force and
implementation [12]
1. This Decree comes into force from July 01,
2016.
2. Ministers, Heads of ministerial agencies,
Heads of Governmental agencies, Presidents of the People's Committees of
provinces and central-affiliated cities, relevant organizations and individuals
are responsible for implementation of this Decree./.
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CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Le Dinh Tho
[1]
This Article is amended according to regulations in Clause 1 Article 1 of
Decree No. 138/2018/ND-CP on amendments to certain Articles of Decree No.
65/2018/ND-CP dated July 01, 2016 of the Government of Vietnam setting
requirements for provision of car driver training and testing services, which
comes into force from December 01, 2018.
[2] This
Article is annulled according to regulations in Article 2 of Decree No.
138/2018/ND-CP on amendments to certain Articles of Decree No. 65/2018/ND-CP
dated July 01, 2016 of the Government of Vietnam setting requirements for
provision of car driver training and testing services, which comes into force
from December 01, 2018.
[3]
This Clause is annulled according to regulations in Article 2 of Decree No.
138/2018/ND-CP on amendments to certain Articles of Decree No. 65/2018/ND-CP
dated July 01, 2016 of the Government of Vietnam setting requirements for
provision of car driver training and testing services, which comes into force
from December 01, 2018.
[4]
This point is annulled according to regulations in Article 2 of Decree No.
138/2018/ND-CP on amendments to certain Articles of Decree No. 65/2018/ND-CP
dated July 01, 2016 of the Government of Vietnam setting requirements for
provision of car driver training and testing services, which comes into force
from December 01, 2018.
[5]
This Article is amended according to regulations in Clause 4 Article 1 of
Decree No. 138/2018/ND-CP on amendments to certain Articles of Decree No.
65/2018/ND-CP dated July 01, 2016 of the Government of Vietnam setting
requirements for provision of car driver training and testing services, which
comes into force from December 01, 2018.
[6]
This Article is amended according to regulations in Clause 5 Article 1 of
Decree No. 138/2018/ND-CP on amendments to certain Articles of Decree No.
65/2018/ND-CP dated July 01, 2016 of the Government of Vietnam setting
requirements for provision of car driver training and testing services, which
comes into force from December 01, 2018.
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[8]
This Article is annulled according to regulations in Article 2 of Decree No.
138/2018/ND-CP on amendments to certain Articles of Decree No. 65/2018/ND-CP
dated July 01, 2016 of the Government of Vietnam setting requirements for
provision of car driver training and testing services, which comes into force from
December 01, 2018.
[9]
This Article is annulled according to regulations in Article 2 of Decree No.
138/2018/ND-CP on amendments to certain Articles of Decree No. 65/2018/ND-CP
dated July 01, 2016 of the Government of Vietnam setting requirements for
provision of car driver training and testing services, which comes into force
from December 01, 2018.
[10]
The phase “Directorate for Roads of Vietnam” is replaced by “Department for
Roads of Vietnam” according to regulations in point a clause 1 Article 1 of
Decree No. 70/2022/ND-CP providing amendments to certain Articles of the
Decrees related to road business, which comes into force from November 01,
2022.
[11]
This clause is amended according to regulations in point c Clause 10 Article 1
of Decree No. 138/2018/ND-CP on amendments to certain Articles of Decree No.
65/2018/ND-CP dated July 01, 2016 of the Government of Vietnam setting
requirements for provision of car driver training and testing services, which
comes into force from December 01, 2018.
[12]
Article 3 and Article 4 of Decree No. 138/2018/ND-CP providing amendments to
certain Articles of Decree No. 65/2018/ND-CP dated July 01, 2016 of the
Government of Vietnam setting requirements for provision of car driver training
and testing services, which comes into force from December 01, 2018, provides
for:
“Article 3. Transitional regulations
1. Any practical driving instructor
who obtained a license before effective date of this Decree but has not
acquired qualifications prescribed herein must gain these qualifications before
July 1, 2019.
2.
Any license to offer driver
training course or certificate of qualified driving test center which was
issued before July 1, 2016 shall be reissued upon its expiry provided that the
institution meets all requirements for provision of car driver training and
testing services.
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3. Any driver training institution,
driving test center which obtained a license to offer driver training course or
certificate of qualified driving test center before effective date of this
Decree shall keep providing the car driver training and testing, and be
required to equip driving simulators, equipment to track practical time and
distance of learners, driving test simulators according to the road map
stipulated by the Minister of Transport.
Article 4. Entry into force and implementation
1. This Decree comes into force as
of December 1, 2018.
2. Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, the Presidents of
the People’s Committees of provinces and central-affiliated cities and relevant
entities shall implement this Decree./.”
Article 3 of Decree No. 70/2022/ND-CP amending certain
Articles of Decrees providing regulations related to road business, which comes
into force from November 01, 2022, provides for:
“Article 3. Implementation provisions
1. This Decree is entering into force as from November 1,
2022.
2. This Decree exists to annul regulations set forth in
point b of clause 2 of Article 1 in the Government’s Decree No. 138/2018/ND-CP
dated October 8, 2018, prescribing amendments and supplements to certain
Articles of the Government’s Decree No. 65/2016/ND-CP dated July 1, 2016,
prescribing requirements for provision of car driver training and testing
services.
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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; reissuance 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;
c) Driving instructor certificates, learner driver’s car
licenses, car driver training certificates, certificates of eligible driving
test centers issued by the Directorate for Roads of Vietnam before the
effective date of this Decree shall remain valid.
4. Ministers, Heads of Ministry-level agencies, Heads of
Governmental bodies, Chairpersons of People’s Committees of provinces and
centrally-affiliated cities and other organizations and individuals involved,
shall be responsible for implementing this Decree./.”