Circular No. 06/2011/TT-BGTVT on providing legal knowledge training on road traffic for operators of special-purpose motorcycles participating in road traffic.

CIRCULAR

Regulations on Legal Knowledge Training for Road Traffic Law for Operators of Special-Purpose Motorcycles Participating in Road Traffic

 for operators of special-purpose motorcycles participating in road traffic

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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. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport,

The Minister of Transport hereby stipulates regulations on legal knowledge training for road traffic law for operators of special-purpose motorcycles participating in road traffic as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates regulations on legal knowledge training for road traffic law for operators of special-purpose motorcycles participating in road traffic on the territory of the Socialist Republic of Vietnam.

Article 2. Applicability

1. This Circular applies to agencies, organizations, and individuals related to legal knowledge training for road traffic law for operators of special-purpose motorcycles participating in road traffic.

2. This Circular does not apply to operators of special-purpose motorcycles of the Ministry of National Defense and the Ministry of Public Security used for national defense and security purposes.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Special-purpose motorcycles participating in road traffic include construction motorcycles, agricultural and forestry motorcycles moving on roads.

2. Certificate of Legal Knowledge Training for Road Traffic Law (hereinafter referred to as the Certificate) is a certificate issued to persons meeting the conditions stipulated in this Circular to operate special-purpose motorcycles participating in road traffic.

Chapter II

LEGAL KNOWLEDGE TRAINING FOR ROAD TRAFFIC LAW

Article 4. Conditions and Application Materials for Enrollment

1. Enrollment Conditions:

a) Vietnamese citizens or foreigners residing legally in Vietnam.

b) At least 18 years old.

2. Application materials (one set), including:

a) An application form for enrollment in legal knowledge training for road traffic law according to the model prescribed in Appendix 1 of this Circular (original);

b) Identity card or passport (photocopy);

c) Three color photographs measuring 2x3cm taken within six months, similar to identity cards.

3. Applicants submit their application materials at authorized institutions for legal knowledge training for road traffic law.

Article 5. Institutions for Legal Knowledge Training for Road Traffic Law

1. Driving schools for automobiles.

2. Institutions for training motorcycle operators must meet the following conditions:

a) A classroom equipped with sufficient teaching materials, simulated road signs, and a system of road traffic signs as prescribed;

b) Instructors must have a college degree or higher, possess a teaching qualification certificate, and hold a driving license for automobiles.

Article 6. Program for Legal Knowledge Training for Road Traffic Law

Article 7. Responsibilities of Institutions for Legal Knowledge Training for Road Traffic Law

1. Enroll and provide legal knowledge training for road traffic law according to the program stipulated in this Circular.

2. Report on the establishment of training classes for legal knowledge training for road traffic law to the Department of Transport according to the model prescribed in Appendix 2 of this Circular.

3. Organize examinations, issue Certificates to successful candidates, and prepare examination results records for legal knowledge training for road traffic law according to the model prescribed in Appendix 3 of this Circular.

4. Record Keeping

a) Maintain a Register of Certificate Issuance according to the model prescribed in Appendix 4 of this Circular;

b) Store application files and related documents concerning training and issuance of Certificates.

5. Report on legal knowledge training for road traffic law and Certificate issuance to the Department of Transport as follows:

a) Results of legal knowledge training for road traffic law and Certificate issuance according to the model prescribed in Appendix 5 of this Circular;

b) Usage of Certificate templates according to the model prescribed in Appendix 6 of this Circular;

c) Collection and utilization of tuition fees in accordance with regulations of the Ministry of Finance.

Chapter III

ISSUANCE, RENEWAL, AND REVOCATION OF CERTIFICATES

Article 8. Certificate and Use of the Certificate

1. The model of the Certificate is prescribed in Appendix 7 of this Circular.

2. The Certificate has unlimited validity and is used throughout the country.

3. When participating in road traffic, the driver of specialized motorcycles must have the following documents:

a) Vehicle registration;

b) Safety technical inspection and environmental protection certificate;

c) Driving license or Certificate for operating specialized motorcycles issued by vocational training institutions;

d) Certificate for legal knowledge enhancement on road traffic or driving license for automobiles.

Article 9. Issuance of New Certificates

Within five working days from the date of passing the examination results, the head of the vocational training institution shall issue the Certificate to the trainee.

Article 10. Replacement and Reissuance of Certificates

1. Individuals whose Certificates are damaged or lost and whose names are recorded in the storage files at the issuing authority will be reissued according to the Certificate number already issued.

2. Application dossier for replacement or reissuance (one set) includes:

a) Application form for replacement or reissuance of the Certificate as prescribed in Appendix 8 of this Circular (original);

b) Identity card or passport (photocopy);

c) Three color photographs measuring 2x3 cm taken within six months, similar to the identity card format.

3. Place to submit the application dossier for replacement or reissuance of the Certificate:

a) The original issuing authority;

b) In case the vocational training institution that issued the Certificate is no longer operational, it should be submitted to the Department of Transport Management where the issuing institution was managed.

4. Time for replacement and reissuance of Certificates:

Within three working days from the date of receiving a complete valid dossier, the head of the vocational training institution or the Director of the Department of Transport Management will replace or reissue the Certificate.

Article 11. Revocation of Certificates

1. Individuals holding the Certificate for legal knowledge enhancement on road traffic will have their Certificates revoked if they engage in fraudulent behavior or forge documents as stipulated in this Circular.

2. Vocational training institutions as prescribed in Article 5 of this Circular and the Department of Transport Management shall carry out the revocation of Certificates.

Chapter IV

RESPONSIBILITIES OF THE SUPERVISORY AUTHORITY

Article 12. Vietnam Highway Administration

1. Organize the implementation of this Circular.

2. Issue materials for enhancing legal knowledge on road traffic for drivers of specialized motorcycles participating in road traffic.

3. Print, distribute, and uniformly manage the use of Certificate blanks throughout the country.

4. Inspect, supervise, compile reports on the work of enhancing legal knowledge on road traffic throughout the country and report to the Ministry of Transport.

Article 13. Departments of Transport

1. Implement this Circular within their respective localities.

2. Issue and manage the use of Certificate blanks as prescribed.

3. Store relevant documents related to the management of legal knowledge enhancement on road traffic for drivers of specialized motorcycles participating in road traffic.

4. Organize inspections, supervision, compile reports on the work of enhancing legal knowledge on road traffic within their respective localities.

5. Report to the Vietnam Highway Administration about the demand for Certificate blanks according to the model prescribed in Appendix 9 of this Circular. Annually in January, report to the Vietnam Highway Administration on the work of enhancing legal knowledge on road traffic for drivers of specialized motorcycles participating in road traffic according to the model prescribed in Appendix 10 of this Circular.

Article 14. Effective Date

1. This Circular takes effect forty-five days from the date of signature and replaces Circular No. 09/2009/TT-BGTVT dated June 24, 2009, issued by the Minister of Transport on the regulations for enhancing legal knowledge on road traffic for drivers of specialized motorcycles participating in road traffic.

2. Certificates issued before the effective date of this Circular may continue to be used.

Article 15. Responsibility for Implementation

The Head of the Ministry's Office, the Head of the Ministry's Inspectorate, Heads of Departments, the Director of the Vietnam Highway Administration, Directors of Departments of Transport, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.