Circular No. 216/2011/TT-BQP on the provision of legal knowledge training for personnel operating specialized motorcycles of the Ministry of National Defense when participating in road traffic

CIRCULAR

Regulations on providing legal knowledge training for personnel operating specialized motorcycles of the Ministry of National Defense when participating in road traffic.

Regulations on providing legal knowledge training for personnel operating specialized motorcycles of the Ministry of National Defense when participating in road traffic.

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Pursuant to the Law on Enacting Legal Normative Documents 2008; Pursuant to the Road Traffic Law 2008;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

the Minister of National Defense promulgates the technical safety inspection procedure applicable to machinery and equipment with strict requirements for labor safety within the Ministry of National Defense.

The Minister of National Defense stipulates regulations on providing legal knowledge training for personnel operating specialized motorcycles of the Ministry of National Defense when participating in road traffic as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates regulations on providing legal knowledge training for personnel operating specialized motorcycles of the Ministry of National Defense when participating in road traffic on the territory of the Socialist Republic of Vietnam.

Article 2. Applicability

This Circular applies to agencies, units, defense enterprises, and individuals related to providing legal knowledge training for personnel operating specialized motorcycles of the Ministry of National Defense when participating in road traffic.

Article 3. Explanation of Terms

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

1. Specialized motorcycles participating in road traffic include military specialized motorcycles, construction motorcycles, agricultural and forestry motorcycles under the inventory of agencies, units, and enterprises of the Ministry of National Defense moving on roads.: military specialized motorcycles, construction motorcycles, agricultural and forestry motorcycles under the inventory of agencies, units, and enterprises of the Ministry of National Defense moving on roads.

2. Certificate of legal knowledge training on road traffic (hereinafter referred to as the Certificate) is a certificate issued to personnel operating specialized motorcycles of the Ministry of National Defense who meet the conditions stipulated in this Circular to operate specialized motorcycles in road traffic. TRAINING OF LEGAL KNOWLEDGE ON ROAD TRAFFIC

Chapter II

Article 4. Conditions and application materials for attending training

Clause 1. Conditions for attending training:

Point a) Is a military personnel, defense civil servant, or contractual laborer working in the Military, assigned the task of operating specialized motorcycles in road traffic, without prior training or obtaining a military automobile driving license.

Point b) Has their name listed in the proposal list of the Vehicle Department of the main unit directly under the Ministry of National Defense.

Clause 2. Application materials of the trainee, including:

Point a) A request form for attending legal knowledge training on road traffic according to the model (Annex I attached to this Circular);

Point b) A copy of the military identification card, defense civil servant identification card, or the latest valid decision on enlistment, recruitment, salary increase, rank promotion, or labor contract (in case there is no identification card);

Point c) A copy of the decision assigning the task of operating specialized motorcycles signed by a battalion-level commander or higher;

Point d) Three color photographs measuring 2cm x 3cm taken within six months, in the format of the military identification card.

Article 5. Training institutions for legal knowledge on road traffic

Institutions permitted to organize legal knowledge training on road traffic for personnel operating specialized motorcycles when participating in road traffic include:

Clause 1. Military automobile driving schools.

Clause 2. Institutions training personnel operating specialized motorcycles in the Military that meet the following conditions:

Point a) Have a classroom for Traffic Law, sufficient teaching materials, simulation models, and a traffic signal system according to regulations;

Point b) Instructors must have a college degree or higher, a teaching qualification certificate, and a military automobile driving license.

b) Teachers must have a professional college degree or higher, hold a teaching certificate, and possess a military automobile driving license.

Article 6. Traffic Law Knowledge Training Program for Road Motor Vehicles

Chapter III

ISSUE, RENEWAL AND REVOCATION OF CERTIFICATES

Article 7. Certificate and Use of Certificate

1. The Minister of National Defense shall issue the model of the Traffic Law Knowledge Training Certificate for Road Motor Vehicles (Annex II attached to this Circular).

2. The Certificate has indefinite validity and can be used throughout the country.

3. When participating in road traffic, the driver of a special purpose motorcycle must have the following documents:

a) Registration certificate for special purpose motorcycles;

b) Safety technical inspection and environmental protection certificate;

c) Driving license or vocational training certificate for special purpose motorcycles issued by a vocational training institution;

d) Traffic Law Knowledge Training Certificate for Road Motor Vehicles or Military Automobile Driver's License issued by the Motorcycle Bureau/Technical General Department.

Article 8. Issuance of New Certificates

Within five working days from the date of passing the examination as prescribed, the head of the traffic law knowledge training facility shall issue the Certificate to the trainee, report the list to the superior vehicle management agency and the Motorcycle Bureau.

Article 9. Renewal and Reissue of Certificates

1. A person whose Certificate is damaged or lost and whose name is recorded in the storage file at the issuing authority shall be reissued a new Certificate according to the Certificate number already issued.

2. Application dossier for renewal or reissue (one set) includes:

a) Application form for renewal or reissue of Certificate according to the model (Annex III attached to this Circular);

b) Copy of military identification card, defense worker identification card, induction decision, recruitment decision, rank promotion decision, salary increase decision, or most recent valid labor contract;

c) Three color photographs measuring 2 x 3 cm taken within six months, similar to military identification card photos;

3. Place to submit application dossier for renewal or reissue of Certificate: the original issuing location;

4. Time limit for renewal or reissue of Certificate: within ten working days from the date of receiving complete and valid application dossier, the head of the training facility shall renew or reissue the Certificate.

Article 10. Revocation of Certificate

1. The holder of the Traffic Law Knowledge Training Certificate for Road Motor Vehicles will have their Certificate revoked if they commit violations under the Road Traffic Law, engage in fraud, or forge documents as stipulated by law;

2. Authorities with jurisdiction under the Government Decree may suspend the right to use the Certificate of defense workers who violate the Road Traffic Law;

3. The commander of each military vehicle inspection team has the authority to temporarily confiscate the Certificate of defense workers who violate the provisions of this Article. Upon temporary confiscation, a violation report must be established, along with a copy of the violation report and the confiscated Certificate sent to the superior vehicle management agency.

Chapter IV

RESPONSIBILITIES OF THE AGENCIES AND UNITS

Article 11. Motorcycle Bureau/Technical General Department

1. Issue training materials on traffic law knowledge for drivers of special purpose motorcycles of the Ministry of National Defense participating in road traffic;

2. Print, distribute and uniformly manage the use of blank certificates throughout the military;

3. Conduct inspections, reviews, and consolidate the work of traffic law knowledge training throughout the military.

Article 12. Vehicle-Motorcycle Units under the Ministry of National Defense

1. Implement this Circular within their units.

2. Receive and manage the use of Certificate Blanks in accordance with regulations.

3. Store documents related to the work of training traffic laws knowledge for motorcycle operators participating in road traffic within their own units.

4. Organize inspections, checks, and compile reports on the work of training traffic laws knowledge for motorcycle operators participating in road traffic within their managed units.

5. Report annually in January the demand for Certificate Blanks and report on the work of training traffic laws knowledge for motorcycle operators participating in road traffic to the Vehicle-Motorcycle Department/Technical General Department according to the form attached as Appendix IV of this Circular.

Article 13. Responsibilities of Training Institutions for Traffic Laws Knowledge

1. Organize training on traffic laws knowledge according to the program specified in this Circular.

2. Report plans for organizing training classes on traffic laws knowledge to higher authorities and the Vehicle-Motorcycle Department according to the form attached as Appendix V of this Circular.

3. Conduct inspections with minutes according to the form attached as Appendix VI of this Circular, issue Certificates to those who meet requirements, manage according to the form of record book attached as Appendix VII of this Circular, and report results of the work of training traffic laws knowledge for motorcycle operators participating in road traffic according to the form attached as Appendix VIII of this Circular as prescribed.

4. Store files and related documents concerning the work of training traffic laws knowledge for motorcycle operators participating in road traffic.

Article 14. Effective Date

This Circular shall take effect 45 days from the date of issuance.

Article 15. Responsibility for Implementation

1. The Chief of General Staff, Chiefs of Services, Commanders of subordinate agencies and units under the Ministry, driving schools, agencies, units, and individuals concerned are responsible for implementing this Circular.

2. The Chief of the Technical Service, Director of the Vehicle-Motorcycle Department/Technical Service are responsible for organizing the implementation of this Circular./.