Circular No. 01/2021/TT-BGTVT amends and supplements certain provisions of Circular No. 29/2015/TT-BGTVT dated July 6, 2015, issued by the Minister of Transport on the issuance and use of international driving permits and Circular No. 12/2017/TT-BGTVT dated April 15, 2017, issued by the Minister of Transport on training, examination, and issuance of motor vehicle driver's licenses.

CIRCULAR

Amending and supplementing some articles of Circular No. 29/2015/TT-BGTVT dated July 6, 2015, issued by the Minister of Transport on the issuance and use of international driving permits and Circular No. 12/2017/TT-BGTVT dated April 15, 2017, issued by the Minister of Transport on training, examination, and issuance of motor vehicle driver's licenses.

dated July 6, 2015, issued by the Minister of Transport stipulating the issuance and use of international driving permits and Circular No. 12/2017/TT-BGTVT dated April 15, 2017, issued by the Minister of Transport stipulating training, examination, and issuance of motor vehicle driver's licenses.

Pursuant to Decree No. 61/2018/NĐ-CP dated April 23, 2018, issued by the Government on implementing the single window mechanism in administrative procedures;

Pursuant to Decree No. 09/2019/NĐ-CP dated January 24, 2019, issued by the Government stipulating the reporting system for state administrative agencies;

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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Traffic Safety and the Director General of the Vietnam Highway Administration,

hereby promulgates this Circular amending and supplementing some articles of Circular No. 29/2015/TT-BGTVT dated July 6, 2015, issued by the Minister of Transport on the issuance and use of international driving permits and Circular No. 12/2017/TT-BGTVT dated April 15, 2017, issued by the Minister of Transport on training, examination, and issuance of motor vehicle driver's licenses.

Amending and supplementing some articles of Circular No. 29/2015/TT-BGTVT dated July 6, 2015, issued by the Minister of Transport on the issuance and use of international driving permits as follows:

The Minister of Transport issue Circular sAmending and supplementing some articles of Circular No. 29/2015/TT-BGTVT dated July 6, 2015, issued by the Minister of Transport on the issuance and use of international driving permits and Circular No. 12/2017/TT-BGTVT dated April 15, 2017, issued by the Minister of Transport on training, examination, and issuance of motor vehicle driver's licenses.

Article 1. Amending and supplementing some articles of Circular No. 29/2015/TT-BGTVT dated July 6, 2015, issued by the Minister of Transport on the issuance and use of international driving permits as follows:

1. Clause 1 of Article 8 is amended as follows:

"1. Individuals submit applications for international driving permits (IDP) according to the prescribed form attached as Appendix IV of this Circular directly or through the online public service system to the Vietnam Highway Administration or the Department of Transport.".

2. Clause 2 of Article 8 is amended as follows:

"2. Procedure for issuing IDP:

a) When submitting applications directly at the Vietnam Highway Administration or the Department of Transport, individuals must present the original national driving license issued by Vietnam, passport, residence card (for foreigners) to verify the accuracy and legality of the issuance of IDP and must complete the payment of fees upon acceptance of the application according to regulations; when submitting applications through the online public service system, individuals must fill out the application according to the instructions and bear responsibility for the accuracy and legality of the information provided, and must complete the payment of fees through the fee payment function of the online public service system and pay other service fees as needed. In case the application does not comply with the regulations, the agency receiving the application shall notify the individual directly or in writing or through the online public service system about the necessary supplements or corrections within two working days from the date of receipt of the application;

b) Within five working days from the date of receipt of a properly submitted application for IDP, the Vietnam Highway Administration or the Department of Transport shall issue the IDP to the individual; if the IDP is not issued, the reason must be clearly stated."

Article 2. Amending and supplementing some articles of Circular No. 12/2017/TT-BGTVT dated April 15, 2017, issued by the Minister of Transport on training, examination, and issuance of motor vehicle driver's licenses as follows:

1. Clause 9 of Article 5 is amended as follows:

"9. Applying technology in training management to identify and ensure monitoring of theoretical study time for traffic laws subjects for automobile learners (except category B1) and ensuring material and equipment facilities for teaching and learning to improve the quality of driver training; using simulation software for traffic scenarios to train drivers according to the schedule specified in Clause 2 of Article 47 of this Circular."

2. Adding Clause 3 to Article 9 as follows:

"3. Ethnic minority people who do not know how to read or write Vietnamese applying for motorcycle learner categories A1 and A4 shall prepare one set of documents and submit them directly to the training institution. The documents include:

a) Documents specified in point b and point d of Clause 1 of this Article;

b) A confirmation letter from the People's Committee of the commune, ward, or town where they reside, confirming that they are ethnic minority people who do not know how to read or write Vietnamese according to the model specified in Appendix 24 attached to this Circular; the confirmation letter is valid for one year from the date of issuance; the individual signs or stamps their fingerprint on the confirmation letter."

3. Adding Clause 5 to Article 17 as follows:

"5. The validity period of the driver's license is recorded on the driver's license."

4. Clause 7 of Article 18 is amended as follows:

"7. Implementing surveillance using a camera system for the theoretical examination room, simulated driving test site for the following areas: starting, stopping and restarting on a slope, crossing tire tracks, turning at intersections, parking maneuvers, and the final section. The system uses IP cameras with HD resolution or higher, has interactive interfaces, connects to meet the minimum open standard ONVIF, synchronizes with the theoretical examination server, the computer managing practical driving test scoring devices; ensures real-time online connection, transmission of image data (video format) via a standard open protocol for real-time bidirectional data exchange between the server and client (websocket) to the Vietnam Highway Administration for management, supervision, storage, and sharing of data with provincial transport departments and relevant government agencies for state management functions. Surveillance images (video format) of the theoretical examination room and simulated driving test site must be displayed directly on screens installed in the waiting area and stored at the testing center according to regulations. All equipment must ensure security, preventing unauthorized access from outside."

5. Adding Clause 4 to Article 35 as follows:

"4. Individuals who pass the examination and wish to receive their driver's license at home may register through the online public service system to the Vietnam Highway Administration or the Department of Transport within three days from the end of the examination."

6. Point d of Clause 5 and Clause 8 of Article 37 are amended as follows:

a) Point d of Clause 5 of Article 37 is amended as follows:

"d) Persons holding a driver's license issued by the Public Security sector after July 31, 1995, which is still valid, when they cease to continue serving in the Public Security sector (discharged from military service, transferred to another sector, retired, terminated their labor contract with the People's Public Security), if they have the need to exchange for a driver's license;"

b) Clause 8 of Article 37 shall be amended as follows:

"8. Procedures for exchanging a driver's license:"

"a) The General Department of Vietnam Highway or the Department of Transport shall check the file upon receipt; in cases where the file does not comply with regulations, they must directly notify or in writing or through the online public service system the contents that need to be supplemented or modified for individuals within two working days from the date of receiving the file;"

"b) Individuals submitting the file directly are responsible for completing the obligation to pay the fee for issuing a driver's license according to the regulations when the file is received; when submitting the file through the online public service system, they must complete the obligation to pay the fee for issuing a driver's license through the payment function of the online public service system according to the regulations and pay other service fees based on individual needs;"

"c) Within five working days from the date of receiving all files in accordance with the regulations, the General Department of Vietnam Highway or the Department of Transport shall carry out the exchange of the driver's license; in cases where the driver's license is not exchanged, they must provide a response and clearly state the reasons;"

"d) When exchanging a driver's license, the agency issuing the driver's license shall store the file for exchanging the driver's license (original for exchanging the driver's license of the Transport sector; copy for exchanging the driver's license or foreign driving license, exchanging the driver's license issued by the Public Security sector, exchanging the military driver's license issued by the Ministry of National Defense) within two years from the date of issuing the driver's license; cut the corner of the old driver's license (except for foreign driver's licenses), hand it over to the driver for safekeeping (except in cases of submitting the file online)."

7. Article 38 shall be amended as follows:

“Article 38. Procedure for exchanging a driver's license issued by the Transport sector

1. Documents for exchanging a driver's license issued by the Transport sector include:

"a) Application form for exchanging a driver's license as prescribed in Appendix 19 attached to this Circular;"

"b) Health certificate of the driver issued by a medical facility authorized to issue according to regulations, except for the following categories:"

"Persons holding a Class A1, A2, A3 driver's license;"

"Persons requiring to separate a driver's license with validity period and without validity period;"

"c) Copy of the driver's license, identity card or citizen identification card or passport still valid with the ID number or citizen identification card (for Vietnamese citizens) or passport still valid (for foreigners, Vietnamese citizens residing abroad)."

2. Individuals prepare one set of documents as stipulated in Clause 1 of this Article and submit them directly or through the online public service system to the General Department of Vietnam Highway or the Department of Transport.

3. In cases of submitting documents directly, the driver must take a direct photo at the driver's license issuing agency when coming to handle the procedure for exchanging the driver's license and must present the original of the above documents for verification, except for the documents specified in points a and b of Clause 1 of this Article.

4. In cases of submitting documents through the online public service system, individuals must declare according to the guidelines and bear responsibility for the accuracy and legality of the declared content; when receiving the driver's license, they must return the old driver's license to keep the file.

5. The issuance of the driver's license shall be carried out at the agency receiving the file or through postal services at the request of the individual; in cases of submitting documents through the online public service system, the driver's license shall be returned to the correct individual who exchanges the driver's license."

8. Clause 2 of Article 39 shall be amended as follows:

"2. A copy of the Decision to cease service in the Military signed by the Head of the Brigade level or higher. For contractual workers in defense enterprises: A copy of the decision to terminate the labor contract, the term not exceeding six months from the date of signing by the competent authority of the defense enterprise."

9. Point b of Clause 2 of Article 40 shall be amended as follows:

"b) A copy of the Decision to leave the sector or retire by the competent authority or a copy of the Decision of the competent authority regarding ceasing to continue serving in the Public Security Village force or a copy of the Decision to terminate the labor contract and recruitment decision or labor contract of 12 months or more of units in the People's Public Security;"

10. Add Clause 3 to Article 40 as follows:

"3. Documents for exchanging a driver's license issued by the Public Security sector for civilian students of Public Security colleges before July 31, 2020:"

"The driver prepares one set of documents and submits it directly to the General Department of Vietnam Highway or the Department of Transport. The documents include:"

"a) Documents prescribed in points a, c, and d of Clause 2 of this Article;"

"b) A copy of the Decision recognizing graduation from Public Security colleges;"

"c) Original documents issued by the Public Security sector, including: Application for examination, issuance, and exchange of driver's license with confirmation by the head of the unit where the person works; Driver's health certificate; Graduation certificate of the driving course; Summary of driving examination results."

"When handling the procedure for exchanging the driver's license, the driver must take a direct photo at the driver's license issuing agency and must present the original of the above documents for verification, except for the documents specified in points a and c of Clause 2 of this Article."

"Documents for exchanging a driver's license issued by the Public Security sector are original documents, including the documents listed in point a and point b of Clause 3 of this Article and the driver's license issued by the Public Security sector that has been cut at the corner, handed over to the driver for self-preservation."

11. Article 45 shall be amended as follows:

“Article 45. Report on training, examination, and issuance of driver's licenses

1. The Department of Transport shall submit periodic reports on the results of examinations to the Vietnam Highway Corporation as follows:

a) Name of report: Examination Results Report;

b) Content required for reporting: Report on the number of candidates participating in examinations, the number of absentees, the number of successful candidates, and the percentage of success in examinations;

c) Method of submitting and receiving reports: through the driver's license information system;

d) Deadline for submission of reports: before the 20th day of each month;

đ) Frequency of reporting: Monthly periodic report;

e) Time period for finalizing report data: from the 15th day of the previous month to the 14th day of the month covered by the report;

g) Format of the report data: As specified in Appendix 26 issued together with this Circular.

2. The Department of Transport shall submit reports on training, examination, and issuance of motor vehicle driver's licenses to the Vietnam Highway Corporation, including:

a) Name of report: Report on Training, Examination, and Issuance of Motor Vehicle Driver's Licenses;

b) Content required for reporting:

Report on training activities, including: Number of driving schools managed, issuance of learner's permit, issuance of driving school instructor permits, issuance of practical driving instructor certificates, management of driving training activities.

Report on examination and issuance of driver's licenses, including: Number of examination centers managed, examination management activities, number of driver's licenses issued;

c) Method of submitting and receiving reports: Direct submission or via postal service or electronic means as prescribed by the Minister of Transport;

d) Deadline for submission of reports: Before June 20th of each year for the mid-year periodic report; before December 20th of each year for the annual summary report;

đ) Frequency of reporting: Mid-year periodic report and annual periodic report;

e) Time period for finalizing report data:

For the mid-year periodic report, from December 15th of the previous year to June 14th of the reporting period.

For the annual summary report: From December 15th of the previous year to December 14th of the reporting year;

g) Format of the report data: As specified in Appendix 27 issued together with this Circular.

12. Article 47 is amended as follows:

“Article 47. Transitional Provisions

1. Driving school training permits A1, A2, A3, A4 issued prior to the effective date of this Circular remain valid according to the term indicated on the permit; when the permit expires, driving schools for categories A1, A2, A3, A4 shall comply with the provisions of Clause 4, Article 4 of this Circular.

2. Training institutions must use traffic situation simulation software for automobile driving training starting from December 31, 2021; install and use monitoring devices for time and distance of driving practice on the road for automobile driving training starting from January 1, 2022; install and use driving simulators for automobile driving training starting from July 1, 2022. During the period without using traffic situation simulation software and driving simulators, training institutions must develop programs, textbooks, and organize teaching to ensure sufficient training time as stipulated in Articles 13 and 14 of this Circular, specifically as follows:

a) The number of hours of technical driving lessons for learners of categories B1, B2, C, including time spent on traffic situation simulation software;

b) The number of hours of ethics and traffic culture lessons for learners upgrading their category, including time spent on traffic situation simulation software;

c) The number of hours of practical driving lessons on one learner car, including time spent on driving simulators.

3. Driver's licenses issued according to the format specified in Appendix 17 issued together with this Circular have a two-dimensional code (QR) for quick reading and decoding of information on the license and linking to the driver's license management information system. Driver's licenses issued before the effective date of this Circular remain valid according to the term indicated on the license.

4. Examination centers must use traffic situation simulation software for driving examinations starting from June 1, 2022.

5. The Vietnam Highway Corporation and the Department of Transport must use traffic situation simulation software for driving examinations starting from June 1, 2022.

13. Appendices 7, 15a, 15b, 17, and 19 issued together with Circular No. 12/2017/TT-BGTVT are replaced as follows:

a) Replace Appendix 7 regarding the application form for driving training and examination with Appendix I issued together with this Circular;

b) Replace Appendix 15a regarding the consolidated examination results record with Appendix II issued together with this Circular;

c) Replace Appendix 15b regarding the consolidated examination results record with Appendix III issued together with this Circular;

d) Replace Appendix 17 regarding the format of the motor vehicle driver's license with Appendix IV issued together with this Circular;

đ) Replace Appendix 19 regarding the application form for changing (reissuing) a driver's license with Appendix V issued together with this Circular.

14. Appendices are added to Circular No. 12/2017/TT-BGTVT as follows:

a) Add Appendix 26 on Detailed Report on Examination and Driving Activities at Appendix VI issued together with this Circular;

b) Add Appendix 27 on the format of the Report on Training, Examination, and Issuance of Motor Vehicle Driver's Licenses at Appendix VII issued together with this Circular.

Article 3. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from March 15, 2021.

2. Abolish the following provisions:

a) Point c, Clause 2, Article 7 of Circular No. 29/2015/TT-BGTVT dated July 6, 2015, of the Minister of Transport regarding the issuance and use of international driver's licenses;

b) Point c, Clause 6, Article 37 of Circular No. 12/2017/TT-BGTVT dated April 15, 2017, issued by the Minister of Transport, stipulating training, examination, and issuance of motor vehicle driver's licenses;

c) Point a, Clause 3, Clause 6, point a, Clause 12, point c, Clause 20, Clause 27, Clause 28, Clause 29, and point đ, Clause 30 of Article 1 of Circular No. 38/2019/TT-BGTVT dated October 8, 2019, of the Minister of Transport amending and supplementing certain articles of Circular No. 12/2017/TT-BGTVT dated April 15, 2017, of the Minister of Transport regarding training, examination, and issuance of motor vehicle driver's licenses.

3. For individuals with labor contracts in the People's Public Security from twelve months or more, civilian students at People's Public Security schools, and village police officers holding driver's licenses issued by the Public Security sector, in cases where they cease to serve in the Public Security sector and their driver's licenses issued by the Public Security sector have expired before this Circular takes effect but not more than seven months (counting from the date this Circular takes effect), if they wish to be considered for issuance of a driver's license, they shall follow the provisions set forth in Clause 1, Article 36, Clauses 2 and 3, Article 40 of Circular No. 12/2017/TT-BGTVT dated April 15, 2017, issued by the Minister of Transport on training, examination, and issuing motor vehicle driver's licenses, and the provisions set forth in Clauses 9 and 10, Article 2 of this Circular. The implementation period will end on July 31, 2021.

4. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Highway Administration, the Directors of Provincial Departments of Transport and Construction, and the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.