Circular No. 29/2017/TT-BGTVT on training traffic safety inspectors and managing traffic safety inspector certificates for road transport

CIRCULAR

Regulations on training traffic safety auditors and managing auditor certificatesfor 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. 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 the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

Pursuant to Decree No. 64/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road transport infrastructure;

Amending and supplementing some articles of Circular No. 29/2015/TT-BGTVT dated July 6, 2015, issued by the Minister of Transport on the issuance and use of international driving permits as follows:

The Minister of Transport hereby promulgates this Circular on training traffic safety auditors and managing traffic safety auditor certificates for road transport. This Circular stipulates on training traffic safety auditors and managing traffic safety auditor certificates for road transport.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to agencies, organizations, and individuals related to the work of training traffic safety auditors and managing traffic safety auditor certificates for road transport.

Article 2. Applicability

TRAINING OF TRAFFIC SAFETY AUDITORS AND MANAGEMENT AND USE OF AUDITOR CERTIFICATES FOR TRAFFIC SAFETY ON ROAD TRANSPORT

Chapter II

Article 3. Training Program

1. The program and teaching materials must ensure that trainees

a) Understand the provisions of the Road Traffic Law and related guiding documents concerning traffic safety and road traffic safety audits;

b) Understand the regulations and requirements of technical standards related to traffic safety on road transport;

c) Understand the responsibilities, obligations, and authorities of traffic safety auditors on road transport and the head of traffic safety audit teams on road transport;

d) Skills in researching and analyzing documents, conducting field inspections;

đ) Skills in preparing traffic safety audit reports.

2. The framework training program for traffic safety auditors shall be as prescribed in Appendix I attached hereto.

Article 4. Teaching Materials

1. Teaching materials are compiled by business entities providing traffic safety auditor training.

2. Teaching materials must meet the requirements and contents stipulated in Article 3 of this Circular.

Article 5. Organization of Training

1. Recruitment

a) Business entities providing traffic safety auditor training (hereinafter referred to as Training Business Entities) announce recruitment, requirements for trainees, planned schedule, time, location of the course, fees, and other necessary information;

b) Agencies, organizations, and individuals register for the course at Training Business Entities; trainee registration files in accordance with Clause 2 of this Article;

c) Training Business Entities accept and review the files; ensuring that trainees meet the conditions stipulated in Clause 2 of Article 12c of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road transport infrastructure (amended and supplemented by Decree No. 64/2016/NĐ-CP dated July 1, 2016).

2. Trainee registration files include:

a) A registration form according to the model prescribed in Appendix II attached hereto;

b) Two (2) color photos measuring (4x6) cm, blue background; ID card style, taken within six months from the date of submission of the file;

c) Certified copy of university or postgraduate degree certificate;

d) Experience statement in the field of road transport, confirmed by the direct managing agency or unit of the trainee according to the model prescribed in Appendix III attached hereto.

3. Organization of Training

a) Training Business Entities prepare a training plan and list of trainees, notify the Vietnam Highway Administration and trainees at least seven working days before the start of the class;

b) Training Business Entities accept trainees, arrange classes (each class not exceeding forty-five trainees);

b) The training business facility receives trainees and arranges classes (each class shall not exceed forty-five trainees);

c) The training business facility organizes training according to the framework program and the training plan that have been announced.

Article 6. Examination Organization

1. Training business establishments shall establish an Examination Board with a minimum of five members, including:

a) The Chairman and Vice-Chairman of the Examination Board are the leaders of the training business establishment;

b) Members of the Examination Board are staff and lecturers of the training business establishment; the number of members depends on the number of examination rooms (each examination room has two invigilators);

2. Duties of the Examination Board

a) Bear full responsibility related to the examination process;

b) Organize question setting and ensure the confidentiality of examination questions;

c) Check and determine the list of trainees eligible to take the examination;

d) Organize the examination, ensure the confidentiality of examination papers and answer sheets; mark the examinations and report the examination results.

3. Conditions for taking the examination and recognition of examination results

a) Trainees are eligible to take the examination when they attend more than 80% of the course duration;

b) Trainees are recognized as having passed the examination when they achieve a score of 60/100 points or higher;

c) The training business establishment shall issue a decision recognizing the examination results.

Article 7. Preparation of Application Documents for Certificate Issuance

2. The contents of the application documents shall be in accordance with Clause 2, Article 12d of Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure (amended and supplemented by some articles in Decree No. 64/2016/ND-CP dated July 1, 2016).

Article 8. Responsibilities and Authorities of Traffic Safety Inspection Officer Training Business Establishments

1. Organize training in accordance with Article 5 of this Circular.

2. Arrange lecturers with appropriate professional qualifications and work experience suitable for the teaching topics and ensuring compliance with the conditions stipulated in Clause 1, Article 12c of Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure (amended and supplemented by some articles in Decree No. 64/2016/ND-CP dated July 1, 2016).

3. Organize examinations and prepare application documents for the issuance of traffic safety inspection officer certificates in accordance with Articles 6 and 7 of this Circular.

4. Maintain and enhance material facilities serving teaching and learning activities to improve the quality of traffic safety inspection officer training.

5. Collect and use tuition fees for training in accordance with current regulations.

6. Prepare and retain records in accordance with regulations.

7. Be subject to inspection and supervision by authorized agencies.

1. Training Management

a) Inspect and supervise the training of traffic safety inspection officers at training business establishments;

b) Retain records of approval, reissue, and revocation of training business establishment approval certificates;

2. Certificate Management

a) Print and manage certificate templates;

b) Retain records of issuance, replacement, reissue, and revocation of traffic safety inspection officer certificates;

Article 10. Responsibilities of persons holding a traffic safety inspector certificate for road transport

1. Properly manage and use the certificate for its intended purpose.

2. Carry out the issuance, replacement, and reissuance of certificates in accordance with regulations.

3. Present the certificate and comply with inspection and audit requirements when requested by authorized authorities.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Effective Date

1. This Circular takes effect from October 15, 2017, and replaces Circular No. 16/2012/TT-BGTVT dated May 25, 2012, issued by the Minister of Transport on training, issuing, and managing traffic safety inspector certificates for road transport.

2. In cases where laws and regulations serving as the basis and referenced in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced laws and regulations.

Training courses with plans that have been notified to the Vietnam Road Administration and trainees before the effective date of this Circular may continue to be carried out in accordance with the provisions of Circular No. 16/2012/TT-BGTVT dated May 25, 2012.

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Road Administration, Directors of Provincial and Central City Transport Departments, Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular./.