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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 70/2022/ND-CP
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Hanoi, September
27, 2022
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DECREE
AMENDMENTS AND
SUPPLEMENTS TO SEVERAL ARTICLES OF DECREES LAYING DOWN REGULATIONS CONCERNING
ROAD TRANSPORT BUSINESS
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on Amendments and Supplements to certain Articles
of the Law on Government Organization and the Law on Local Government
Organization dated November 22, 2019;
Pursuant to the Law on Road Traffic dated
November 13, 2008;
Pursuant to the Law on Investment dated June 17,
2020;
Upon the request of the Minister of Transport;
The Government herein promulgates the Decree on
amendments and supplements to several Articles of Decrees laying down
regulations concerning road transport business.
Article 1. Amendments and supplements to certain
Articles of the Government's Decree No. 11/2010/ND-CP dated February 24, 2010
on management and protection of road traffic 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)
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“1. A set of application dossiers for certificate
of approval of training establishment is composed of the followings:
a) Request form for approval for operation of
traffic safety investigator training establishment that is given in Annex VI
hereto;
b) Declaration about training establishment’s
facilities;
c) List of trainers, including their qualifications
and practical experience in the relevant field.”.
2. Amending and
supplementing clause 2 and 3 of Article 12b (supplemented by clause 2 of
Article 1 in the Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:
a) Amending clause 2 as follows:
“2. If
an issued certificate of approval for traffic safety investigator training
establishment is lost or damaged, the training establishment shall submit an
application form given in Annex VII hereto for re-issuance of another
certificate to the Department for Roads of Vietnam”;
b) Amending and supplementing clause 3 as follows:
“3. Procedures and formalities for grant of
approval and re-issuance of certificate of approval:
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b) Upon receipt, the Department for Roads of
Vietnam handles and checks the received application:
If the application is submitted in person: After
having checked the application components, if the application is valid,
Department for Roads of Vietnam shall accept it; if the application is invalid,
Department for Roads of Vietnam shall give direct instructions to the applicant
to further complete the application;
If the application is submitted by post: If the
application is invalid as regulated, a written instruction for further
completing the application shall be given to the applicant within 02 working
days from the receipt of the application;
If the application is submitted via the online
public service system: If the application is invalid as regulated, a written
instruction for further completing the application shall be given to the
applicant within 02 working days from the creation and submission of the online
application;
c) Department for Roads of Vietnam shall appraise
the application and issue or re-issue a certificate of approval if all
conditions are satisfied. If the application is rejected, reasons shall be
specified in writing and granted to the applicant.
d) The new or re-issued certificate of approval for
training establishment can be received directly at the office of the Department
for Roads of Vietnam or by post or via the online public service system upon
the applicant’s request.".
3. Amending and
supplementing clause 3 of Article 12d (supplemented by clause 2 of Article 1 in
the Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:
“3. Procedures and formalities for issuance of
certificate of practicing as traffic safety investigator:
a) The training establishment submits the
application to Department for Roads of Vietnam in person, by post or via the
online public service system;
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If the application is submitted in person: After
having checked the application components, if the application is valid,
Department for Roads of Vietnam shall accept it; if the application is invalid,
Department for Roads of Vietnam shall give direct instructions to the applicant
to further complete the application;
If the application is submitted by post: If the
application is invalid as regulated, a written instruction for further
completing the application shall be given to the applicant within 02 working
days from the receipt of the application;
If the application is submitted via the online
public service system: If the application is invalid as regulated, a written
instruction for further completing the application shall be given to the
applicant within 02 working days from the receipt of the application;
c) Department for Roads of Vietnam shall appraise
the application and, if all require conditions are met, grant the practicing
certificate to each trainee (who passes the test) whose name is included in the
Letter of Submittal of the training establishment; If the application is
rejected, a written reply, containing clear reasons for such rejection, must be
sent to the training establishment;
d) The practicing certificate can be granted
directly at the office of the Department for Roads of Vietnam or by post
subject to the training establishment’s decision.".
4. Amending and
supplementing clause 3 of Article 12dd (supplemented by clause 2 of Article 1
in the Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:
“3. Procedures and formalities for renewal of
certificate of practicing as traffic safety investigator:
a) The individual applicant submits the application
to Department for Roads of Vietnam in person, by post or via the online public
service system;
b) Upon receipt, the Department for Roads of
Vietnam checks the received application:
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If the application is submitted by post: If the
application is invalid as regulated, a written instruction for further
completing the application shall be given to the applicant within 02 working
days from the receipt of the application;
If the application is submitted via the online
public service system: If the application is invalid as regulated, a written
instruction for further completing the application shall be given to the
applicant within 02 working days from the receipt of the application;
c) Department for Roads of Vietnam shall appraise
the application and, if all require conditions are met, grant the practicing certificate;
If the application is rejected, a written reply, containing clear reasons for
such rejection, must be sent to the applicant;
d) The renewed practicing certificate can be
granted directly at the office of the Department for Roads of Vietnam or by
post of his/her choice.".
5. Amending and
supplementing clause 2 and 3 of Article 12e (supplemented by clause 2 of
Article 1 in the Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:
a) Amending clause 2 as follows:
“2. The individual applicant shall submit 01 set of
application dossiers for re-issuance of the practicing certificate, consisting
of the application form for re-issuance of the practicing certificate given in
Annex IV hereto.”;
b) Amending and supplementing clause 3 as follows:
“3. Procedures and formalities for re-issuance of
certificate of practicing as traffic safety investigator:
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b) Upon receipt, the Department for Roads of
Vietnam checks the received application:
If the application is submitted in person: After
having checked the application components, if the application is valid,
Department for Roads of Vietnam shall accept it; if the application is invalid,
Department for Roads of Vietnam shall give direct instructions to the applicant
to further complete the application;
If the application is submitted by post: If the
application is invalid as regulated, a written instruction for further
completing the application shall be given to the applicant within 02 working
days from the receipt of the application;
If the application is submitted via the online
public service system: If the application is invalid as regulated, a written
instruction for further completing the application shall be given to the
applicant within 02 working days from the receipt of the application;
c) Department for Roads of Vietnam shall appraise
the application and, if all require conditions are met, reissue the practicing
certificate; If the application is rejected, a written reply, containing clear
reasons for such rejection, must be sent to the applicant;
d) The renewed practicing certificate can be
granted directly at the office of the Department for Roads of Vietnam or by
post of his/her choice.".
6. Amending and
supplementing Annexes (supplemented by clause 3 of Article 2 in the Decree No.
64/2016/ND-CP dated July 1, 2016) as follows:
a) Amending and supplementing Annex I by Annex I
hereto;
b) Amending and supplementing Annex II by Annex II
hereto;
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d) Amending and supplementing Annex IV by Annex IV
hereto;
dd) Amending and supplementing Annex V by Annex V
hereto;
e) Amending and supplementing Annex VI by Annex VI
hereto;
g) Amending and supplementing Annex VII by Annex
VII hereto.
7. Replacing “Directorate
for Roads of Vietnam” by “Department for Roads of Vietnam” at:
a) Clause 1 of Article 12 (amended by clause 1 of
Article 1 in the Decree No. 64/2016/ND-CP dated July 1, 2016);
b) Clause 5 of Article 12b (supplemented by clause
2 of Article 1 in the Decree No. 64/2016/ND-CP dated July 1, 2016);
c) Amending and supplementing clause 1 and 5 of
Article 12d (supplemented by clause 2 of Article 1 in the Decree No.
64/2016/ND-CP dated July 1, 2016);
d) Point a of clause 2 of Article 25.
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Article 2. 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 (amended by Decree No. 138/2018/ND-CP dated October 8, 2018)
1. Replacing “Directorate
for Roads of Vietnam” by “Department for Roads of Vietnam” at the following
Articles:
a) Article 10, 11, 12, 13, 14, 19, 20, 21, 23 and
26 in the Decree No. 65/2016/ND-CP dated July 1, 2016;
b) Article 8 and 9 in the Decree No. 65/2016/ND-CP
dated July 1, 2016 (amended by clause 5, point b of clause 6 of Article 1 in
the Decree No. 138/2018/ND-CP dated October 8, 2018).
2. Amending and
supplementing point a of clause 2 of Article 6 (amended by point b of clause 2
of Article 1 in the Decree No. 138/2018/ND-CP dated October 8, 2018) as
follows:
“a) Provide cars for learner drivers at all classes
under legal ownership of driver training institutions; obtain learner driver’s
car licenses from competent authorities. Driver training institutions providing
driver testing services can, based on the period during which a car is used for
the driver test, use such car for both testing and training purposes on
condition that the number of test cars used for calculating the training
capacity does not exceed 50% of the number of test cars used for the driver
training purpose;”.
3. Repealing point b of
clause 2 of Article 6.
Article 3. Implementation provisions
1. This Decree is entering into force as from
November 1, 2022.
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3. Transition provisions
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;
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./.
ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Van Thanh