Circular No. 04/2022/TT-BGTVT amending and supplementing certain 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.

CIRCULAR

Amending and supplementing certain 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

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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;

Pursuant to Decree No. 47/2022/ND-CP dated 19 July 2022 of the Government amending and supplementing some articles of Decree No. 10/2020/ND-CP dated 17 January 2020 of the Government stipulating business and business conditions for road passenger transport by motor vehicles;

Pursuant to Decree No. 138/2018/NĐ-CP dated October 8, 2018, of the Government amending and supplementing certain Articles of Decree No. 65/2016/NĐ-CP dated July 1, 2016, of the Government on conditions for operating automobile driving training services and driving examination services;

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

The Minister of Transport issues the Circular amend and supplement certain 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.

Article 1. Amending and supplementing certain 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. Supplement Clause 11, Clause 12, and Clause 13 into Article 3 as follows:

a) Supplement Clause 11 into Article 3 as follows:

"11. DAT data: is a set of information about identification and the process of practical driving training on the road of trainees, transmitted from the DAT device installed on the driving training car to the training center's server according to the provisions at Section 2.1.5 and Section 2.1.6 of QCVN 105:2020/BGTVT."

b) Supplement Clause 12 into Article 3 as follows:

"12. DAT management data: is a set of information about identification and the process of practical driving training on the road of trainees, transmitted from the training center's server to the Vietnam Highway Corporation's server according to the provisions in Appendix 30 attached hereto."

c) Supplement Clause 13 into Article 3 as follows:

"13. The DAT information system includes hardware devices, transmission lines, and software used to collect, manage, and exploit DAT management data."

2. Amend Clause 2 of Article 4 as follows:

"2. Driving instructors must undergo training on their profession according to the instructor training program specified in Appendix 28 attached hereto."

3. Amend and supplement Clauses 4, Clause 6, Clause 9, Clause 16, Clause 17, Clause 18, and Clause 19 of Article 5 as follows:

a) Amend Clause 4 of Article 5 as follows:

"4. Training centers for categories A1, A2, A3, and A4 must maintain technical standards according to the provisions in Appendix 29 attached hereto."

b) Amend Clause 6 of Article 5 as follows:

"6. Announce the operation plan to the Department of Transport and organize driving training for categories A1, A2, A3, and A4 according to the registered training operation plan as specified in Appendix 10 attached hereto."

c) Amend Clause 9 of Article 5 as follows:

"9. Apply technology in training management to identify and monitor the time spent on theoretical traffic law courses for automobile trainees (except category B1); ensure facilities and equipment for teaching and learning to improve the quality of driving training; use simulation software for traffic situations to train drivers."

d) Amend Clause 16 of Article 5 as follows:

"16. Automobile training centers must equip and maintain driving practice cabins, monitoring devices for time and distance of driving practice on the road for trainees according to national technical regulations issued by the Ministry of Transport; driving practice cabins shall be implemented according to the schedule stipulated in Clause 2 of Article 47 of this Circular."

đ) Supplement Clause 17 into Article 5 as follows:

"17. Transmit DAT management data and be responsible for the accuracy, completeness, and truthfulness of DAT data and DAT management data; ensure data security and confidentiality for the DAT information system; secure login names and passwords for accessing the DAT information system software of the Vietnam Highway Corporation; provide timely and accurate DAT data to competent state management authorities upon request."

e) Supplement Clause 18 into Article 5 as follows:

"18. Monitor and exploit data on the DAT information system software to serve training management; check the accuracy of information about instructors, driving training cars."

g) Supplement Clause 19 into Article 5 as follows:

"19. Provide certificates printed on the driving practice cabin indicating that trainees have completed the required time and content of practical driving training on the driving practice cabin to training, examination, and license issuance management agencies."

4. Amend Clause 1 and Point b Clause 5 of Article 6 as follows:

a) Amending Clause 1 of Article 6 as follows:

"1. Training textbooks must comply with the framework training textbook prescribed in Appendix 31 attached hereto."

b) Amend Point b Clause 5 of Article 6 as follows:

"b) Two years for graduation exam results, stored management data of time spent on theoretical traffic law courses for automobile trainees (except category B1), driving practice time on driving practice cabins, and other remaining materials;"

5. Supplement Clause 9 and Clause 10 into Article 10 as follows:

a) Supplement Clause 9 into Article 10 as follows:

9. Apply information technology in managing the DAT information system of the Vietnam Highway Corporation to ensure the reception, management, consolidation, analysis, and exploitation of DAT management data; ensure continuous and stable operation of the DAT information system of the Vietnam Highway Corporation and store DAT management data for a minimum of two years; information extracted from the software is compiled according to the models specified in Appendices 32a, 32b, 32c, 32d, and 32đ attached hereto."

b) Supplement Clause 10 into Article 10 as follows:

"10. Provide accounts for Departments of Transport and training centers to log in, transmit, and exploit data on the DAT information system software of the Vietnam Highway Corporation."

6. Supplement Clause 8, Clause 9, and Clause 10 into Article 11 as follows:

a) Supplement Clause 8 into Article 11 as follows:

"8. Monitor, inspect, exploit, and utilize DAT data and DAT management data on the DAT information system software of the Vietnam Highway Corporation and training centers to serve training management."

b) Supplement Clause 9 into Article 11 as follows:

"9. Maintain the confidentiality of the login name and password for accessing the DAT information system software of the Vietnam Highway Administration."

c) Add Clause 10 to Article 11 as follows:

"10. Utilize management data on DAT on the DAT information system software of the Vietnam Highway Administration according to the model prescribed in Appendix 32e issued together with this Circular, the confirmation certificate printed on the driving simulator cabin provided by the training institution indicating that the trainee has completed the required time and content of practical driving training on the driving simulator cabin to review the list of trainees eligible to participate in the examination period."

7. Amend Clause 3 of Article 13 as follows:

"3. Program volume and allocation of training time"

Training program and allocation of training time

b) Total duration of the training course

c) The number of trainees specified per one training vehicle: category B1, B2 is five trainees and category C is eight trainees.

d) Provisions regarding the distance of practical driving training

8. Amend Clause 2 of Article 38 as follows:

"2. The health certificate of the driver issued by a medical facility authorized to issue such certificates, except in cases where a license for categories A1, A2, A3 is being renewed."

9. Amend Article 47 as follows:

"Article 47. Transitional provisions

1. Driver training licenses A1, A2, A3, A4 issued before the effective date of this Circular shall remain valid until their expiration date as indicated on the license; when the license expires, the driver training institutions for categories A1, A2, A3, A4 shall comply with the provisions of Clause 4 of Article 4 of this Circular.

2. Training institutions equipped and using driving simulator cabins for car driving training prior to December 31, 2022.

During the period when they have not been using driving simulator cabins, training institutions must develop programs, textbooks, and organize teaching to ensure sufficient training time as prescribed in Articles 13 and 14 of this Circular, as follows:

 Number of hours of practical driving training on one training vehicle, including time spent on driving training on the driving simulator cabin.

3. Driver licenses issued according to the model prescribed in Appendix 17 issued together with this Circular shall be equipped with a two-dimensional code (QR) for quick reading and decoding of information on the driver's license and linking to the driver's license management information system. Driver licenses issued before the effective date of this Circular remain valid for use until their expiration date as indicated on the license."

Article 2. Supplement some appendices and abolish certain points, clauses, and articles of Circular No. 12/2017/TT-BGTVT dated April 15, 2017, of the Minister of Transport on the training, examination, and issuance of motor vehicle driver's licenses as follows:

1. Supplement the Appendices to Circular No. 12/2017/TT-BGTVT as follows:

a) Supplement Appendix 28, Appendix 29, Appendix 30, and Appendix 31 corresponding to Appendices I, II, III, and IV issued together with this Circular;

b) Supplement Appendix 32a, Appendix 32b, Appendix 32c, Appendix 32d, Appendix 32đ, and Appendix 32e corresponding to Appendix V issued together with this Circular.

2. Abolish Clause 2, Clause 5 of Article 10; Clause 4, Clause 8 of Article 36.

Article 3. Provisions 1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect.

1. This Circular takes effect from June 15, 2022.

2. Before December 31, 2022, persons who have been issued a training certificate or were absent or failed in examinations before this Circular takes effect shall be recognized as qualified when they pass the examination contents as stipulated in Point a, Point d, Point đ, Point e, and Point g Clause 3 Article 21 Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport on training, examination, and issuance of motor vehicle driver's licenses.

3. This Circular abolishes:

a) Point b Clause 4, Point b Clause 7 and Clause 9 Article 1 Circular No. 38/2019/TT-BGTVT dated October 8, 2019 of the Minister of Transport amending and supplementing some articles of Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport on training, examination, and issuance of motor vehicle driver's licenses.

b) Clause 1 and Clause 12 Article 2 Circular No. 01/2021/TT-BGTVT dated January 27, 2021 of the Minister of Transport amending and supplementing some articles of Circular No. 29/2015/TT-BGTVT dated July 6, 2015 of the Minister of Transport on the issuance and use of international driving permits and Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport on training, examination, and issuance of motor vehicle driver's licenses.

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