Joint Circular No. 04/2008/TTLT-BCA-BGTVT guides the study and re-examination of the Road Traffic Law for individuals whose driving licenses or traffic law knowledge certificates have been revoked.

JOINT CIRCULAR

Guidelines for studying and retesting the Road Traffic Law for individuals whose driving licenses or traffic law knowledge certificates have been revoked

Driving license, certificate of traffic law knowledge training for road transport

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Pursuant to Resolution No. 32/2007/NQ-CP dated June 29, 2007 of the Government on urgent measures to curb traffic accidents and traffic congestion;

Pursuant to Decree No. 146/2007/NĐ-CP dated September 14, 2007 of the Government on administrative penalties for violations in the field of road traffic;

The Ministry of Public Security and the Ministry of Transport jointly issue guidelines for studying and retesting the Road Traffic Law for individuals operating motorized vehicles on roads whose driving licenses or traffic law knowledge certificates have been revoked for a certain period as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

2. Applicability:

These guidelines regulate the study and retesting of the Road Traffic Law (hereinafter referred to as "study and retest") for individuals operating motorized vehicles on roads (including individuals operating special-purpose motorcycles participating in traffic) who have committed administrative violations related to road traffic and have been subject to the penalty of revoking their driving licenses or traffic law knowledge certificates for a period of 60 days or 90 days (hereinafter referred to as "traffic violators").

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

2. 1. Individuals who are Vietnamese citizens committing traffic violations. In cases where the violator is a conscripted military personnel, reserve military personnel during concentrated training periods, or members of the People's Public Security Forces operating vehicles for national defense and security purposes, they are not within the scope of regulation of this Circular.

2. 2. Individuals who are foreign nationals committing traffic violations. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such provisions shall be applied.

2. 3. The organization responsible for conducting the study and retest of the Road Traffic Law for individuals whose driving licenses or traffic law knowledge certificates have been revoked (hereinafter referred to as "the organizing body").

3. The organizing body includes:

3. 1. The Traffic Police Department under the Provincial Public Security Force (hereinafter referred to as "Traffic Police Department").

3. 2. District-level public security organs (hereinafter referred to as "District-level public security organs").

II. SPECIFIC PROVISIONS

1. Content, form, and duration of study

1. 1. Study content: Provisions of the Road Traffic Law, road signs, combined with practical application on simulated road scenarios.

1. 2. Study form: Violators must attend centralized study sessions and be guided in researching materials.

1. 3. Duration of study: For individuals operating two-wheeled or three-wheeled motorcycles with engine capacity of 50 cm³ or more, cyclos, motorized rickshaws, tractors up to 1000 kg, and special-purpose motorcycles participating in traffic, the study duration is four hours; for individuals operating all types of automobiles, the study duration is eight hours (in one day).

2. Examination questions, duration, and method

2. 1. Examination questions are used from the set of questions used for licensing exams for motor vehicle driving licenses issued by the Ministry of Transport, specifically:

2. 1.1. For violators operating two-wheeled or three-wheeled motorcycles with engine capacity of 50 cm³ or more, cyclos, motorized rickshaws, tractors up to 1000 kg, and special-purpose motorcycles participating in traffic, they will be tested with ten questions (five about the Road Traffic Law, three about road signs, and two about simulated road scenarios) within ten minutes and must answer at least eight correctly to pass.

2. 1.2. For violators operating all types of automobiles, they will be tested with twenty questions (ten about the Road Traffic Law, six about road signs, and four about simulated road scenarios) within twenty minutes and must answer at least sixteen correctly to pass.

2. 2. Examination method: Conducted through multiple-choice tests on paper or via computer, as determined by the head of the organizing body.

2. 3. If violators fail the examination, they must retake it (without having to repeat the study) until they pass before receiving their driving license back.

Responsibilities of violators

3. 1. Upon receiving the administrative penalty decision (hereinafter referred to as "penalty decision"), violators must register for the study and retest of the Road Traffic Law at the Traffic Police Department or district-level public security organ that issued the penalty decision or at the Traffic Police Department where the violator resides. In cases where the penalty decision was issued by other authorities (not Traffic Police Departments or district-level public security organs), registration should be made at the Traffic Police Department where the violator resides or at the Traffic Police Department in the locality of the authority that issued the penalty decision.

If violators cannot attend the scheduled study and retest due to valid reasons (confirmed by local authorities, workplaces, health facilities...), they must notify the registering authority and simultaneously register for the next specific study time.

3. 2. When registering, violators must directly write on the back of the penalty decision (kept by the penalizing authority) the following information: Name; place of residence; place of registration; date, month, year, and signature; if registering at a Traffic Police Department (not the issuing authority), they must bring the penalty decision to register, and upon passing the study and retest, they will receive a study and retest record to present to the authority that revoked the driving license.

4. Responsibilities of the authority revoking driving licenses

4. 1. Guide violators to register for study and retest according to Article 3.2 of Part II of this Circular.

4. 2. Return the driving license to violators when they pass the retest of the Road Traffic Law.

5. Responsibilities of the organizing body

5. 1. When the violator brings the penalty decision to register for study and examination, they must be accepted and scheduled for classes; notify the violator of the study time.

5. 2. Organize study and examination at least once a week when there are registrations.

5. 3. Prepare the Record of Study and Re-examination of the Road Traffic Law (Model issued pursuant to this Circular). In cases where the requirements are not met, notify the date of re-examination in the following week.

6. Funding for organizing study and examination

Shall be implemented in accordance with the guidance of the Ministry of Finance; if there is no guidance from the Ministry of Finance, the funding for organizing study and examination shall be taken from the annual traffic safety budget of the locality.

III. IMPLEMENTATION

1. The Ministry of Public Security (Traffic Police Corps - Railways, Provincial Police) directs, guides, and urges the Traffic Police Departments and County-level Public Security Organs to implement the provisions of this Circular.

2. The Ministry of Transport (Vietnam Highway Administration) directs relevant agencies to implement the provisions of this Circular.

3. People's Committees at all levels, within their authority as prescribed in Decree No. 146/2007/NĐ-CP dated September 14, 2007 of the Government on administrative penalties for violations in the field of road traffic, shall direct the implementation of the provisions of this Circular.

4. This Circular takes effect 15 days after its publication in the Official Gazette. During the implementation period, if there are difficulties, please report them to the Ministry of Public Security (through the Traffic Police Corps - Railways) and the Ministry of Transport (through the Vietnam Highway Administration) for research and resolution.

Place of Receipt:
- Prime Minister; (for record)
- Deputy Prime Ministers; (for record)
- President's Office;
- National Assembly's Office;
- National Traffic Safety Committee Office;
- Ministries, Agencies Equivalent to Ministries;
- Minister of Public Security; (for record)
- Minister of Transport; (for record)
- The Department of Legal Affairs under the Ministry of Justice;
- People's Committees of provinces and centrally governed cities;
- Official Gazette;
- Government website;
- Departments, Bureaus under the Ministry of Public Security;
- Vietnam Highway Administration, Legal Department, Transport Department of the Ministry of Transport;
- Public Security Agencies of provinces and centrally-administered cities;
- Provincial Departments of Transport under the Central Government;
- To be filed with the Ministry of Public Security, Ministry of Transport.