Directive No. 20/2002/CT-BGTVT on continuing to enhance responsibility for managing training, examination, and issuing Driver's Licenses.

DIRECTIVE

OF THE MINISTER OF TRANSPORTATION NO. 20/2002/CT-BGTVT OF NOVEMBER 11, 2002 ON CONTINUING TO IMPROVE RESPONSIBILITIES FOR MANAGEMENT, TRAINING, TESTING AND ISSUANCE OF DRIVER LICENSES
Implementing Decree No. 36/CP dated May 29, 1995 of the Government on ensuring traffic order and safety on roads and urban traffic order and safety, the Ministry of Transportation has cooperated with other Ministries to issue all relevant legal documents concerning the management of training, testing, and issuance of driver licenses, and has conducted comprehensive periodic inspections every two years in collaboration with other Ministries, Committees, and Departments to gradually improve and consolidate the system of driving schools and examination boards throughout the country to enhance the quality of training, testing, and issuance of driver licenses, contributing to ensuring traffic order and safety.
However, due to the fact that the State management agencies directly responsible for managing the training, testing, and issuance of driver licenses under the Ministry of Transportation have relaxed their supervision and focused mainly on not regularly inspecting the training, testing, and issuance processes at the facilities; when incidents occur, they have not dealt with them seriously enough, leading to commercialization of training, testing, and issuance of driver licenses in some places; some facilities have severely violated regulations by selling thousands of automobile and motorcycle driver licenses without proper training or testing, resulting in legal action as seen in Long An, Lam Dong, Lang Son, and Binh Phuoc.

Despite such warnings, during the comprehensive inspection by the Ministry of Transportation in 2002, 23 out of 139 driving schools still had issues remaining unresolved, such as: Not truly investing in building infrastructure, lacking teaching equipment, parking areas not meeting regulations; exceeding permitted training volumes, thus being suspended from recruiting students or reducing training levels and volumes, and not allowed to continue training. Some Departments of Transportation and Public Works have not paid sufficient attention to management and supervision of training and testing: Lack of qualified managers; selecting personnel based on favoritism, not meeting standards; not regularly monitoring and educating staff; not focusing on establishing driving test centers; these shortcomings lead to low quality of training and testing, and potential corruption and harassment.

In light of the recent increase in traffic accidents, the Prime Minister has instructed the Ministry of Transportation to strengthen its state management responsibilities to improve the quality of training, testing, and issuance of driver licenses. Therefore, the Ministry of Transportation requests the People's Committees of provinces and centrally governed cities, and related Ministries and Departments within their scope of responsibility to cooperate with the Ministry of Transportation in strictly implementing the Prime Minister's directive. At the same time, to address existing deficiencies,

the Ministry of Transportation requires the Vietnam Highway Administration, Provincial Departments of Transportation and Public Works, driving schools, and related agencies to immediately implement the following tasks:

I) For the People's Committees of provinces and centrally governed cities: It is requested that the People's Committees of provinces and centrally governed cities direct and inspect the Departments of Transportation and Public Works to strictly perform the tasks delegated by the Ministry of Transportation in the management of training, testing, and issuance of driver licenses; create conditions and support for the Departments of Transportation and Public Works to promptly establish driving test centers according to the planning approved by the Ministry of Transportation; inspect and direct the strict handling of any negative incidents occurring in the management of training, testing, and issuance of driver licenses in their localities. II) For related Ministries and Departments:

It is requested that the Ministry of Labor, Invalids, and Social Affairs direct the provincial Labor Departments to cooperate with the Departments of Transportation and Public Works in closely managing the training of drivers at training institutions similar to how other vocational training is managed.

Ministries with driving schools need to direct and inspect these schools to fully comply with the national management regulations of the Ministry of Transportation.

III)

For the Vietnam Highway Administration:

1- The Vietnam Highway Administration, entrusted by the Ministry with the unified management of training, testing, and issuance of driver licenses nationwide, must take active measures to guide, enhance inspection of training and testing activities at all Departments of Transportation and Public Works and driving schools in various regions. The Director of the Administration will be directly responsible before the Minister if any negatives related to the management of training, testing, and issuance of driver licenses occur; simultaneously, there must be decisive measures taken against any officials showing negative behavior in the management of training, testing, and issuance of driver licenses.

2 - Do not allow the establishment and issuance of additional training permits for new facilities. 3 - Coordinate with the Department of Organization and Labor to immediately inspect all driving schools identified as having issues during the comprehensive inspection in 2002; if these facilities fail to rectify the problems, revoke their training permits and widely announce this through mass media for public oversight.

4 - Direct the Transport Management Rooms of the Highway Management Zones II, IV, V, and VII to coordinate with relevant agencies to intensify inspections of the training processes at driving schools and the management of training, testing, and issuance of driver licenses by the Departments of Transportation and Public Works to ensure compliance with the regulations of the Ministry of Transportation. When violations by individuals or groups are discovered, report them promptly to the Vietnam Highway Administration for handling within its authority or report to the Ministry of Transportation for handling.

5 - Coordinate with relevant agencies to conduct detailed and stringent inspections of driving schools applying for renewed training permits. If a facility does not meet the required conditions or continues to violate regulations, decisively deny the issuance of a training permit.

6 - Guide the procedures and formalities for the Departments of Transportation and Public Works to report to the People's Committees of provinces and centrally governed cities or relevant Ministries and Departments for permission to invest in constructing driving test centers within the planned area and according to standards issued by the Ministry of Transportation.

4 - Direct the Transport Management Office, vehicle and driver management units of Highway Management Zones II, IV, V, VII to coordinate with relevant agencies to strengthen inspections of the training process at driving school training facilities and the management and examination for issuing Driver's Licenses by the Departments of Transport and Public Transport. Ensure compliance with the regulations of the Ministry of Transport. When violations by individuals or groups are discovered, they must promptly report to the Vietnam Road Administration for handling within their authority or report to the Ministry of Transport for resolution. 5 - Coordinate with relevant agencies to conduct detailed and strict inspections of training facilities applying to reissue Driving School Training Permits. If a facility does not meet the required conditions or continues to have violations,坚决不再颁发驾驶培训许可证。 FOR 6 - Guide the procedures and formalities for the Departments of Transport and Public Transport to report to the People's Committees of Provinces and Cities or the Ministry and Sector for permission to invest in constructing Driving Examination Centers within the planning and according to standards issued by the Ministry of Transport.

7 - Bear responsibility if negative practices occur in the training and examination for issuing Driver's Licenses in their respective localities. registered shall not issue a Driving License Training Permit if there are violations as prescribed.

6 - Guidelines on the procedures for the Departments of Transport and Public Works to report to the People's Committees of Provinces and Cities or Ministries and Sectors for permission to invest in constructing Driver Examination Centers within the planning framework and according to standards issued by the Ministry of Transport.

- Coordinate with the Financial Accounting Department of the Ministry to work with the Ministry of Finance to determine an appropriate financial mechanism, assisting localities in accelerating the construction progress of Driver Examination Centers; in the short term, there should be a financial mechanism for examination fields that have completed the basic construction phase. Strive to have at least ten Driver Examination Centers evenly distributed in the Northern region, Central region, Ho Chi Minh City, and the Mekong Delta operational by the end of 2004 (including those newly completed basic construction).

- Must resolutely direct the Departments of Transport and Public Works not to organize examinations at training facilities until centralized examination fields are established; select only one location temporarily, except for Hanoi and Ho Chi Minh City which shall not exceed two locations for organizing examinations, and refrain from using training facilities for examinations.

- Develop plans to guide all driver categories trained at facilities in five provinces: Hai Duong, Hung Yen, Bac Ninh, Bac Giang, and Quang Ninh to undergo examinations at the Chi Linh Driver Examination Center by the first quarter of 2003.

- The Road Administration Bureau may directly organize examinations for two training facilities in Hanoi to gather experience for improving regulations on training, while the remaining examinations shall be handled by the Department of Transport and Public Works in Hanoi. By the first quarter of 2003, all vehicle categories (excluding B1 and B2) trained at facilities organized by the Bureau must undergo examinations at the Chi Linh Examination Center.

7 - The Bureau must continuously study to advise the Ministry on perfecting relevant regulatory documents concerning training so that institutions can implement them.

8 - Establish and maintain a hot-line of the Bureau and widely publicize it through mass media. Any negative information received through the Bureau's hot-line must be promptly addressed and reported to the Ministry.

9 - The Vietnam Road Administration Bureau is responsible for directing all Driver Examination Centers nationwide to fully comply with the regulations of the Ministry of Transport. Promptly connect the information network from the Bureau to the Departments of Transport and Public Works to strictly manage training and examination activities in localities.

IV) For the Departments of Transport and Public Works in localities:

1 - The Departments of Transport and Public Works, entrusted by the Ministry of Transport with the responsibility for managing training and issuing driving licenses, must strengthen guidance and inspection of training activities at local training facilities; organize examinations for issuing driving licenses strictly, including motorcycle licenses. The Director of the Department shall bear responsibility if negative incidents occur in training and examination activities for issuing driving licenses in their locality. shall be responsible if negative practices occur in the driving license training and examination work in their respective localities.

2 - Regularly coordinate with the Departments of Labor, Invalids, and Social Affairs and the supervisory agencies of driving training facilities to conduct periodic or surprise inspections of driving training classes to ensure full compliance with the regulations issued by the Ministry of Transport.

3 - Assign training facilities the responsibility to open classes for motorbike driving training, ensuring students grasp the Road Traffic Law and safe driving skills. Strictly prohibit Departments from organizing motorbike driving training classes themselves. Given the large number of motorcyclists without driving licenses still participating in traffic, Departments need to focus on addressing this issue, striving to resolve the situation of unlicensed motorcyclists by the end of 2003, including allowing classes to be held at agencies and units with such needs.

4 - Appoint a leader responsible for training management and license issuance within the province, and allocate sufficient staff with moral integrity and professional qualifications to manage training, examinations, and license issuance. Establish individual accountability for personnel assigned these tasks, and implement measures to monitor and supervise their performance. In cases where negative behavior is reported or discovered, they must be transferred to other positions or disciplined severely. Departments should utilize examiners who are instructors from training facilities certified by the Bureau and staff from the Department's divisions to participate in examination activities.

5 - Concentrating on building Driver Examination Centers is essential and urgent to implement the Road Traffic Law. Therefore, Departments must develop specific plans to gradually invest in constructing Driver Examination Centers according to the standards set by the Ministry of Transport. If encountering difficulties, they must immediately contact the Vietnam Road Administration Bureau to find solutions.

Until Driver Examination Centers are built, Departments may only organize driver examinations at one location (two locations for Hanoi and Ho Chi Minh City), provided they meet the examination procedures and report to the Vietnam Road Administration Bureau for monitoring, while widely publicizing to allow oversight by authorities and the public.

V) For supervisory agencies of driving training facilities:

1 - Heads of supervisory agencies of driving training facilities are responsible for directing and inspecting these facilities to fully comply with the Ministry of Transport's regulations on training management. They will also bear responsibility if negative incidents occur.

2 - Support driving training facilities in upgrading infrastructure, modernizing equipment, and training vehicles to enhance the quality of driver training.

3 - Closely cooperate with the Departments of Transport and Public Works and the Departments of Labor, Invalids, and Social Affairs in inspecting training classes and courses, and managing training fees to ensure compliance with current regulations on training management and driver training.

VI) For driving training facilities:

1 - Organize training according to the categories, volume, locations, and time specified on the Driving Training Permit. Absolutely do not shorten the training program or duration. Implement student recruitment, class commencement, training organization, final exams, issuance of graduation certificates, and retention of course records and materials in accordance with national vocational education regulations and the Ministry of Transport's regulations on driver training.

Issuance of Graduation Certificates to students and retention of course records and materials must comply with national vocational education regulations and the Ministry of Transport's regulations on driver training.

2- Enhance the technical infrastructure of driving schools. In 2004, according to the training regulations for drivers, the Ministry of Transport will conduct a comprehensive inspection. If any facility does not meet the standards, violates the regulations, and fails to replace outdated training vehicles with modern ones equivalent to those used in examination centers, it shall not be allowed to continue driver training.

3- Absolutely prohibit joint ventures, collaborations, or the establishment of branch training facilities that contravene the Law.

4- The heads of driver training facilities that allow corrupt practices must bear responsibility before competent state authorities.

VII) Regarding the functional departments of the Ministry:

1- Department of Organization and Cadres-Labor: Shall monitor the implementation of the Ministry's regulations related to the management of training, examinations, and issuance of driver licenses. Coordinate with the Ministry's Inspectorate to effectively organize a comprehensive inspection of these activities in 2004.

2- Department of Legal Affairs: Shall establish a hotline to report negative information received regarding these activities to the leadership of the Ministry for assignment to relevant agencies to handle.

3- Department of Finance and Accounting: Continue working with the Ministry of Finance to develop financial mechanisms for examination centers issuing driver licenses.

4- Department of Planning and Investment: Continue seeking funding sources to complete the construction of examination centers in Son Tay, Chi Linh, Technical College of Transportation III, and the Technical College of Transportation in the Mekong Delta region.

The management of driver training, examinations, and the issuance of driver licenses plays a very important role, and its effective implementation contributes to ensuring road safety. Therefore, the Ministry of Transport requests the Vietnam Highway Administration, provincial transportation departments, public works departments, driver training facilities, and related agencies to strictly adhere to the contents of this directive. During the implementation process, if any difficulties arise, they should promptly reflect them to the Ministry of Transport for consideration and resolution.