Joint Circular No. 02/2011/TTLT-BCA-BGTVT stipulates the organization of studying and retesting the Road Traffic Law for individuals whose driving licenses have been revoked, and obtaining certificates of legal knowledge training on road traffic.

JOINT CIRCULAR

Regulations on organizing study and retesting of the Road Traffic Law for individuals whose driving licenses or traffic law knowledge certificates have been revoked.

Driving license, traffic law knowledge certificate.

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Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;

Pursuant to Decree No. 34/2010/NĐ-CP dated April 2, 2010, stipulating administrative penalties for violations in the field of road traffic.

The Ministry of Public Security and the Ministry of Transport hereby jointly regulate the organization of study and retesting of the Road Traffic Law for individuals whose driving licenses or traffic law knowledge certificates have been revoked for a period of 60 days.

Article 1. Scope of Regulation

This Circular stipulates the organization of study and retesting of the Road Traffic Law for individuals operating motorized road vehicles, individuals operating special-purpose motorcycles participating in traffic who have committed administrative violations in the field of road traffic and had their driving licenses or traffic law knowledge certificates revoked for a period of 60 days (hereinafter referred to as violators).

Article 2. Applicability

This Circular applies to:

1. Violators:

2. Units and local public security agencies; agencies and units under the Ministry of Transport.

3. Agencies, organizations, and individuals related to the organization of study and retesting of the Road Traffic Law for violators.

Article 3. Competent authorities organizing study and retesting of the Road Traffic Law

1. Traffic Police Departments, Traffic Police Departments for Roads and Railways of Provincial Public Security Departments, Municipal Public Security Departments directly under the Central Government (hereinafter referred to as Traffic Police Departments).

2. County, District, City, and Town Public Security Agencies (hereinafter referred to as County-level Public Security Agencies).

Article 4. Content, form, and duration of study

1. Study content

a) Provisions of the Road Traffic Law;

b) Road traffic signs;

c) Traffic situations on model roads.

2. Study form

Violators must attend centralized study at locations designated by the competent authority organizing study and retesting of the Road Traffic Law (hereinafter referred to as the organizing authority); they will be guided and provided with study materials.

3. Duration of study

a) For individuals operating motorcycles, similar motorcycle types (hereinafter referred to as motorcycles), tractors with a load capacity up to 1,000 kg, and special-purpose vehicles, the study duration is four hours (one session);

b) For individuals operating automobiles, similar automobile types (hereinafter referred to as automobiles), tractors with a load capacity over 1,000 kg, the study duration is eight hours (one day).

Article 5. Questions, methods, and duration of testing

1. Testing questions

a) Test questions for violators to answer are compiled by the Highway Traffic Police Corps (based on the set of questions used for study and examination to obtain a motor vehicle driving license compiled by the Vietnam Highway Administration and regulations on administrative penalties in the field of road traffic). The Highway Traffic Police Corps provides this set of questions to the organizing authorities;

b) The organizing authorities select from among the questions compiled by the Highway Traffic Police Corps to create test papers. Each test paper must include at least one question about the Road Traffic Law related to the violation committed by the violator;

c) The test paper applicable to violators operating motorcycles, tractors with a load capacity up to 1,000 kg, and special-purpose vehicles consists of ten questions (five questions about the Road Traffic Law, three questions about traffic signs, two questions about model roads);

d) The test paper applicable to violators operating automobiles, tractors with a load capacity over 1,000 kg consists of twenty questions (ten questions about the Road Traffic Law, six questions about traffic signs, four questions about model roads).

2. Testing methods

a) Multiple-choice tests on paper or computer: the head of the organizing authority decides whether the test will be conducted on paper or on computer. For foreign violators, when attending study and testing, they must have an interpreter;

b) Oral questioning: this method applies to ethnic minority violators. The person assigned to conduct the test must read each question in the test paper aloud for the examinee to answer.

3. Duration of testing

a) For violators operating motorcycles, tractors with a load capacity up to 1,000 kg, and special-purpose vehicles, the testing duration is ten minutes at the end of the study session. If the answers match the correct answers and there are at least eight correct answers, the requirement is met;

b) For violators operating automobiles, tractors with a load capacity over 1,000 kg, the testing duration is twenty minutes at the end of the study day. If the answers match the correct answers and there are at least sixteen correct answers, the requirement is met.

4. The results of study and testing of violators must be recorded in a protocol.

Article 6. Rights and Obligations of the Offender

1. Upon receiving the administrative penalty decision (hereinafter referred to as the penalty decision), the offender must register at the Traffic Police Office or the Public Security Office of the district where the violation was discovered or where the offender resides, and review the Road Traffic Law. When registering for study and examination, the offender must bring the penalty decision to register.

2. Attend the study and examination sessions at the registered location according to the schedule arranged by the organizing body. When attending the study and examination, the offender must bring their Identity Card or other photo identification for verification. If unable to attend the scheduled session, the offender must provide a valid reason (confirmed by local authorities, workplace...) and inform the registration body at least one day before the scheduled date; simultaneously, re-register for another study and examination time.

3. Receive a certificate of results for studying and re-examining the Road Traffic Law if the examination result meets the requirements; if the examination result does not meet the requirements, the offender must retake the examination (without having to re-study) until the requirements are met.

In case the offender has received the certificate of results for studying and re-examining the Road Traffic Law but has lost, damaged, or torn it beyond use, the offender must submit a request to the organizing body to issue a new certificate.

4. Present the certificate of results for studying and re-examining the Road Traffic Law when processing the procedures to reclaim the Driver's License and traffic law knowledge enhancement certificate.

Article 7. Responsibilities of the Authority Issuing Administrative Penalty Decisions to Suspend the Use of Driver's Licenses and Traffic Law Knowledge Enhancement Certificates

1. Guide the offender to register for study and examination in accordance with this Circular.

2. Accept the certificate of results for studying and re-examining the Road Traffic Law; return the Driver's License and traffic law knowledge enhancement certificate to the offender once the suspension period has expired as stipulated by law.

Article 8. Responsibilities of the Organizing Body for Study and Examination

1. Assign staff to receive information on the offender's registration for study and examination, record it in the tracking statistics book, arrange schedules for study and examination for the offender. Record the location, time of study and examination on the back of the penalty decision for the offender's reference.

2. Prepare a record of study and re-examination of the Road Traffic Law (Form No. 01 issued together with this Circular).

3. Maintain a tracking statistics book on the organization of study and re-examination of the Road Traffic Law (Form No. 02 issued together with this Circular).

4. Organize study and examination sessions at least once a week when there are registrations. The examination results must be immediately communicated to the offender after completion. If the offender fails the examination, the next examination session must be rescheduled for the following week and the offender must be informed.

5. Issue a certificate of results for studying and re-examining the Road Traffic Law to offenders who have passed the examination on the same day (Form No. 03 issued together with this Circular).

6. Print, manage, and use the forms issued together with this Circular.

Article 9. Funding for organizing study and examination

The funding for organizing study and examination shall be implemented in accordance with the guidelines of the Ministry of Finance; if there are no guidelines from the Ministry of Finance, the funding for organizing study and examination shall be sourced from the annual traffic order and safety assurance funds of the locality.

Article 10. Effective Date

This Circular takes effect from June 2, 2011, and replaces Circular Jointly Issued No. 04/2008/TTLT-BCA-BGTVT dated July 31, 2008, of the Ministry of Public Security and the Ministry of Transport on the re-study and examination of the Road Traffic Law for individuals whose driving licenses have been revoked.

Article 11. Responsibility for Implementation

1. Responsibilities of the Police Agency

a) The General Department of Administrative Police under the Ministry of Public Security shall be responsible for directing, inspecting, and guiding units within the People's Public Security force to implement this Circular;

b) The heads of the General Departments, the heads of units directly under the Ministry of Public Security, the Directors of Provincial Public Security Departments, and the Directors of Fire Prevention, Firefighting, and Rescue Services within their respective functions and duties shall be responsible for implementing this Circular.

2. Responsibilities of agencies and units under the Transport Sector

a) The Director of the Vietnam Highway Administration shall be responsible for directing, inspecting, and guiding subordinate units to implement this Circular;

b) Heads of agencies and units under the Ministry of Transport, Provincial Transport Department Directors within their respective functions and duties have the responsibility to organize the implementation of this Circular.

3. During implementation, if any issues arise, they must be reported to the Ministry of Public Security (through the General Department of Administrative Police) and the Ministry of Transport (through the Vietnam Highway Administration) for timely guidance./.