Circular No. 09/2009/TT-BGTVT on providing legal knowledge training on road traffic for operators of specialized motorcycles participating in road traffic.

CIRCULAR

Regulations on providing legal knowledge training on road traffic for persons operating specialized motor vehicles participating in road traffic

 operating specialized motor vehicles 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 Ministry of Transport hereby stipulates regulations on providing legal knowledge training on road traffic for persons operating specialized motor vehicles participating in road traffic as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates regulations on providing legal knowledge training on road traffic for persons operating specialized motor vehicles participating in road traffic within the territory of the Socialist Republic of Vietnam.

Article 2. Applicability

1. This Circular applies to organizations and individuals related to providing legal knowledge training on road traffic for persons operating specialized motor vehicles participating in road traffic.

2. This Circular does not apply to persons operating specialized motor vehicles 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. Specialized motor vehicles participating in road traffic include construction motor vehicles, agricultural and forestry motor vehicles moving on roads.

2. The Certificate of Legal Knowledge Training on Road Traffic (hereinafter referred to as the Certificate) is a certificate issued to persons meeting the conditions stipulated in this Circular to operate specialized motor vehicles participating in road traffic.

Chapter II

LEGAL KNOWLEDGE TRAINING ON ROAD TRAFFIC

Article 4. Conditions for attending legal knowledge training

1. Vietnamese citizens or foreigners permitted to reside in Vietnam.

2. At least 18 years old.

3. Submit an application for legal knowledge training on road traffic according to the form prescribed in Appendix 1 of this Circular.

Article 5. Institutions providing legal knowledge training on road traffic

1. Driving schools.

2. Institutions issuing certificates or Certificates to persons operating specialized motor vehicles must meet the following conditions:

a) A classroom equipped with sufficient teaching materials, driving simulators, and road traffic signs as prescribed;

b) Instructors must have at least a college degree in a relevant field, hold a teaching certificate, and be knowledgeable about the Road Traffic Law.

Article 6. Program for legal knowledge training on road traffic

Article 7. Responsibilities of institutions providing legal knowledge training on road traffic

1. Admit students and provide legal knowledge training on road traffic according to the program stipulated in this Circular.

2. Report on organizing legal knowledge training on road traffic to the Department of Transportation according to the form prescribed in Appendix 2 of this Circular.

3. Organize examinations, issue Certificates to qualified students, and record examination results for legal knowledge training on road traffic according to the form prescribed in Appendix 3 of this Circular.

4. Record keeping

a) Maintain a register of issued Certificates according to the form prescribed in Appendix 4 of this Circular;

b) Store records and related documents concerning the issuance of Certificates.

5. Report on legal knowledge training on road traffic and issuance of Certificates to the Department of Transportation as follows:

a) Report on the results of legal knowledge training on road traffic and issuance of Certificates according to the form prescribed in Appendix 5 of this Circular;

b) Report to the Department of Transportation on the use of Certificate templates according to the form prescribed in Appendix 6 of this Circular.

Collect and use tuition fees in accordance with the regulations of the Ministry of Finance.

Chapter III

ISSUANCE, RENEWAL, AND REVOCATION OF CERTIFICATES

Article 8. Certificate and Use of the Certificate

1. The driver of special-purpose motorcycles participating in road traffic must have either a driving license or a Certificate for operating special-purpose motorcycles issued by a vocational training institution, and also a Certificate for legal knowledge on road traffic. If the driver has a car driving license, that license will replace the Certificate for legal knowledge on road traffic.

2. The form of the Certificate is specified in Appendix 7 of this Circular.

3. The Certificate is valid indefinitely and can be used throughout the country.

Article 9. Issuance of New Certificates

Within five working days, the head of the vocational training institution shall issue a Certificate to those who have passed the examination.

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 location will be reissued according to the certificate number previously issued.

2. The application dossier for replacement or reissuance includes:

a) An application form for replacement or reissuance of the Certificate as prescribed in Appendix 8 of this Circular;

b) A copy of the identity card or passport;

c) The damaged Certificate or a report of loss confirmed by the police authority.

3. Within three working days from the date of receiving a complete and valid dossier, the head of the vocational training institution will replace or reissue the Certificate. In cases where the vocational training institution that issued the Certificate is no longer operational, the provincial Department of Transport responsible for managing the issuance of Certificates for that institution will accept the dossier and review and process it.

Article 11. Revocation of Certificates

1. Individuals holding Certificates for legal knowledge on road traffic will have their Certificates revoked if they violate the provisions of this Circular.

2. Vocational training institutions organizing legal knowledge training and issuing Certificates, and state management agencies overseeing the issuance of Certificates, will 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 legal knowledge training on road traffic for drivers of special-purpose motorcycles participating in road traffic.

3. Print, distribute, and uniformly manage the use of blank Certificates nationwide.

4. Conduct inspections, reviews, and compile reports on legal knowledge training on road traffic nationwide, and report to the Ministry of Transport.

Article 13. Provincial Department of Transport

1. Implement this Circular within their jurisdiction.

2. Report to the Vietnam Highway Administration on the demand for blank Certificates as prescribed in Appendix 9 of this Circular; manage the use of blank Certificates according to regulations.

3. Archive relevant documents related to the management of legal knowledge training on road traffic for drivers of special-purpose motorcycles participating in road traffic.

4. Organize inspections, reviews, and compile reports on legal knowledge training on road traffic within their jurisdiction.

5. Annually, in January, report to the Vietnam Highway Administration on the legal knowledge training on road traffic for drivers of special-purpose motorcycles participating in road traffic as prescribed in Appendix 10 of this Circular.

Article 14. Effective Date

1. This Circular takes effect 45 days from the date of signature and replaces Decision No. 36/2006/QĐ-BGTVT dated October 31, 2006, of the Minister of Transport on the Regulations for Legal Knowledge Training on Road Traffic for Drivers of Special-Purpose 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 Director of the Ministry's Office, the Director of the Ministry's Inspectorate, the Heads of Departments, the Director of the Vietnam Highway Administration, the Directors of Provincial Departments of Transport, the Heads of organizations and individuals concerned are responsible for implementing this Circular./.