Decision No. 3359-QĐ/TCCB-LĐ Issuing the Regulations on Examination and Issuance of Driver's Licenses

Pursuant to …;

Regarding the issuance of the examination and issuance of driving licenses regulations

THE MINISTER OF TRANSPORTATION

Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government stipulating the State management authority, responsibilities, and organizational structure of the Ministry of Transport;

Pursuant to Article 31 of the "Regulations on Road Traffic Order and Safety and Urban Traffic Order and Safety" issued together with Decree No. 36/CP dated May 29, 1995 of the Government;

At the proposal of the Director of the Vietnam Highway Administration and the Head of the Personnel and Labor Department;

DECISION:

Article 1:

Now hereby promulgates this Decision the "Regulations on Examination and Issuance of Driving Licenses."

Article 2:

These Regulations shall take effect uniformly throughout the entire territory of the Socialist Republic of Vietnam from August 1, 1995. All previous documents or provisions are abolished.

Article 3:

The Directors of the Vietnam Highway Administration, the Head of the Personnel and Labor Department, the Directors of Provincial Departments of Transport (Public Works), Heads of relevant agencies, units, individuals owning motor vehicles, and the Chief of the Office of the Ministry of Transport shall implement this Decision within their respective areas of responsibility.

CHARTER

DRIVING TESTS AND ISSUANCE OF DRIVING LICENSES

(Issued together with Decision No...Date...of the Minister of Transport)

PART I

GENERAL PROVISIONS

Article 1:

These Regulations prescribe the procedures for conducting examinations and issuing driving licenses for motor vehicles on the entire territory of the Socialist Republic of Vietnam.

These Regulations do not apply to drivers of motor vehicles belonging to the Public Security and Defense sectors (except for drivers of motor vehicles of the Public Security and Defense sectors engaged in economic activities).

Article 2:

The terms used in these Regulations are understood as follows:

1. Motor vehicles include all types of vehicles moving on roads powered by engines, including:

Motorbikes, two- or three-wheeled motorcycles, motorized rickshaws, and lam cars.

Various types of passenger and cargo trucks, buses, special-purpose vehicles, including tractor-trailers, semi-trailers, and flatbed trailers.

Traction engines and self-propelled cranes.

2. Driving license: Is the sole certificate allowing the operation (driving) of corresponding types of motor vehicles and is valid for the period specified upon issuance.

3. Professional driver: Is a person who earns a living through the occupation of driving cargo or passenger transport vehicles or specialized vehicles.

Non-professional driver: Is a person who drives without engaging in commercial transportation.

4. Period of professional activity: Is the time during which the holder has directly driven the corresponding type of vehicle without supervision.

Probationary period: Is the time spent driving under the supervision of a licensed driver on the corresponding type of vehicle.

Article 3:

The Vietnam Highway Administration (VHA), the state administrative body responsible for road transport, is tasked by the Minister of Transport to unify the management of driving tests and the issuance of driving licenses for motor vehicles nationwide.

PART II

DRIVING LICENSES

Article 4:

1. Driving licenses are classified according to the technical specifications of the vehicles, including the following categories:

Category Technical Specifications of Vehicle

A1. - Two-wheel motorcycles, scooters, with engine displacement from over 50 cm³ to under 125 cm³

A2 - Two-wheel motorcycles (with or without sidecar) with engine displacement of 125 cm³ or more

B - Three-wheeled vehicles (with two wheels on the same axle) for passengers or cargo, light trucks and tractors up to 3,500 kg gross vehicle weight, passenger cars up to 9 seats (including the driver's seat), excluding vehicles covered by categories A1 and A2

C - Trucks and tractors for cargo with a gross vehicle weight of 3,500 kg or more

D - Passenger cars with 10 to 30 seats (including the driver's seat)

E - Passenger cars with more than 30 seats (including the driver's seat)

F - Vehicles of categories B, C, D, E towing trailers with a gross trailer weight exceeding 750 kg

2. Driving licenses of categories B, C, D, and E allow the operation of corresponding vehicles towing trailers with a gross trailer weight not exceeding 750 kg.

3. Driving licenses of categories A1 and A2 are non-professional only.

Driving licenses of category B have two types:

Non-professional.

Professional.

Driving licenses of categories C, D, E, and F are professional only.

4. Non-professional driving licenses may not be used to drive for commercial purposes.

Professional driving licenses may be used to drive non-commercial vehicles of the corresponding category.

5. A driving license of category A2 is valid for operating vehicles of category A1.

Driving licenses of categories C, D, E, and F are valid for operating vehicles of category B.

Article 5:

A certificate of completion of traffic law courses is issued to motorcycle and scooter drivers with engine displacements up to 50 cm³.

Article 6:

Types of driving licenses and certificates of driving qualifications are approved by the Minister of Transport. The VHA is the sole authority responsible for printing, issuing, guiding, managing, inspecting, and supervising the issuance, renewal, and use of such licenses and certificates nationwide.

Article 7:

1. Holders of driving licenses are only permitted to operate (drive) vehicles of the corresponding type as prescribed in Article 4.

2. Holders of non-professional driving licenses wishing to drive commercially must take an exam to obtain a professional driving license.

3. Driving licenses must always be carried by the holder when operating a vehicle for presentation to authorities if required.

Article 8:

Professional driving licenses are valid for use for three years from the date of issuance.

Non-professional driving licenses are valid for use for five years from the date of issuance. Special cases for driving licenses of categories A1 and A2 are valid indefinitely.

Driving licenses may become invalid before the expiration date due to legal violations or may be revoked by the decision of the Director of the VHA.

Article 9:

Within sixty days prior to the expiration date, the holder must submit an application along with a health certificate to the competent authority for the issuance of a new driving license.

For professional driving licenses, applicants must also pass a theoretical test on traffic laws.

Article 10:

Foreign residents or workers in Vietnam holding international or national driving licenses, if they wish to drive in Vietnam, must apply for an equivalent Vietnamese driving license.

Foreign drivers entering Vietnam with foreign driving licenses are regulated by bilateral government agreements on road transport. In the absence of such agreements, they must apply for an equivalent Vietnamese driving license.

CHAPTER III

ELIGIBILITY AND STANDARDS FOR EXAMINATION

Article 11:

Persons wishing to take the examination for a driving license must meet the following conditions:

Have citizenship rights, have a legal place of residence, not be under criminal investigation or serving a sentence. Age must comply with the category of vehicle as prescribed by the Ministry of Health.

Be in good health, suitable for the category and type of vehicle as prescribed by the Ministry of Health. The health certificate must be issued by a general hospital at district level or higher.

Complete the training course and supplementary training at an authorized training institution according to the prescribed program.

Submit complete application documents and procedures for the examination as stipulated and in the format provided by the Vietnam Road Transport Administration.

For persons wishing to take the examination for a Class D or E driving license, in addition to the above conditions, they must hold a valid Class B or C license and have three years of driving experience corresponding to the license held.

PART IV

EXAMINATION AND ISSUE OF LICENSES

Article 12:

Examination and issuance boards for driving licenses shall be organized with the following structure:

1. The National Board for Examination and Issuance of Driving Licenses shall be established by the Minister of Transport.

2. AT Each province and centrally governed city shall have an Examination and Issuance Board (referred to as the Provincial Board) which shall be established by the Director of the Department of Transport (or Construction) upon agreement with the Director of the Vietnam Road Transport Administration.

3. The Provincial Board shall be guided and supervised by the National Board in terms of professional and vocational examination and issuance of driving licenses.

Article 13:

The National Board for Examination and Issuance of Driving Licenses shall consist of the following main members:

Chairman: - Director of the Vietnam Road Transport Administration

Vice-Chairman: - Deputy Director of the Vietnam Road Transport Administration

Leader of the Personnel and Labor Affairs Department of the Ministry of Transport.

Standing member and secretary are the Head of the Vehicle and Driver Management Division of the Vietnam Road Transport Administration and training specialists from the Personnel and Labor Affairs Department of the Ministry of Transport.

The National Board has the following tasks and powers:

1. To study and advise the Director of the Vietnam Road Transport Administration on planning and directing driver training programs nationwide so that the Director can submit them to the Ministry of Transport for approval and implementation.

2. To research and develop or supplement and amend training objectives, programs, and supplementary upgrading programs for drivers to be submitted by the Director of the Vietnam Road Transport Administration to the Minister of Transport for promulgation.

3. To approve outlines of textbooks, question banks, and examination procedures for issuing driving licenses for motor vehicles to be reviewed and approved by the Director of the Vietnam Road Transport Administration for uniform application throughout the country.

4. To select schools to be recognized as central training centers for professional driver training by the Vietnam Road Transport Administration. The National Board will regularly direct these schools in all aspects, especially in improving training content and methods, and enhancing quality. Regularly help these schools to distill experiences and organize dissemination for other schools to refer to and apply.

5. To choose types of certificates and diplomas to be submitted to the Minister of Transport for approval so that the Vietnam Road Transport Administration can print, issue, and manage them uniformly throughout the country.

To advise on matters related to license conversion for the Director of the Vietnam Road Transport Administration to decide.

To review application forms, admission procedures, and examination rules for the Director of the Vietnam Road Transport Administration to decide and promulgate.

6. To study and propose new issues related to the Examination Regulations and Driving License Issuance Regulations and points requiring supplementation and amendment to report to the Ministry of Transport for consideration and decision.

7. To advise the Director of the Vietnam Road Transport Administration on the establishment of Provincial Boards. To guide and supervise the activities of Provincial Boards. To inspect the implementation of the Examination Regulations and Driving License Issuance Regulations of the Ministry of Transport, and recommend measures to the Vietnam Road Transport Administration and the Ministry of Transport for handling violations.

8. To advise the Director of the Vietnam Road Transport Administration on the establishment of the Examination Committee to organize examinations at central training schools and to oversee driving examinations for foreign nationals working in Vietnam who need to obtain or convert Vietnamese licenses, and for cadres working in central agencies as specified by the Director of the Vietnam Road Transport Administration.

9. The National Board shall appoint a Standing Board consisting of the Chairman, Vice-Chairman, Standing Members, and Secretary to manage and handle regular tasks such as:

a. Organizing training for examination officers at all levels for certification by the Director of the Vietnam Road Transport Administration.

b. Approving plans for training courses at central training schools.

c. Approving examination schedules and questions for courses, directing examinations, and handling violations of examination regulations and discipline.

d. Reviewing and approving examination results reported by the Examination Committee of the National Examination Board for the Director of the Vietnam Road Transport Administration to decide on recognition of successful candidates and issuance of licenses.

e. Handling matters related to the examination, issuance, and conversion of licenses for foreigners and other specified groups.

g. Storing records, keeping minutes of full board meetings, and reporting to the Ministry of Transport and other tasks assigned by the Board.

Article 14:

The Provincial Board consists of 5-7 members, including the Chairman who is the Director of the Department of Transport (or Construction), and the Vice-Chairmen who are the Heads of the Vehicle and Driver Management Division and the Training Division of the Department.

The Provincial Board has the following tasks and powers:

1. To develop plans for training and supplementary training of drivers.

2. To inspect or participate in inspections of training institutions in the locality that require driver training, and prepare applications for the Ministry of Transport to grant permission for driver training.

3. To directly manage driver training and supplementary training at local training institutions that have been granted permission, ensuring strict compliance with regulations and decrees of the Ministry, and ensuring the required training quality.

4. To establish and direct the local driver examination committee to organize examinations at schools and local training institutions, review examination results, and report to the Director of the Department for decision on recognition of successful candidates and issuance of licenses.

5. To inspect the situation of driver training and supplementary training, and issues related to the issuance and revocation of licenses, and management of licenses in the locality, to advise the Director of the Department on solutions and report to the Vietnam Road Transport Administration and the Ministry of Transport on matters within the authority of higher levels.

6. The Chairman of the Board shall appoint a Standing Board to assist the Board in handling regular tasks.

Article 15:

1. The Examination Committee assists the Provincial Board and is established by the Chairman of the Provincial Board to organize examinations. The Examination Committee is a group of professionals with high qualifications and experience, reputable in automotive science and technology, driving skills, and pedagogy.

The Examination Board may include the Principal, the Head of the Training Department of the driving school, but all members of the Examination Board must not be direct instructors of the training course in which candidates are participating.

Members of the Examination Board assisting at Councils at various levels must undergo training and be issued a certificate by the Director of the Road Transport Safety Agency to serve as driving license examiners. Anyone without such a certificate shall not be qualified to participate in the Examination Board for any examination period.

2. The Examination Board has the following functions and responsibilities:

a. Organizing examinations according to the procedures and examination regulations issued by the Director of the Road Transport Safety Agency.

b. Disseminating, inspecting, and handling compliance with examination procedures and regulations.

c. Inspecting the preparation of equipment, tools, and examination venues to ensure they meet standards and safety requirements.

d. Grading exams and compiling results, evaluating the examination session, and reporting to the Council's Standing Committee.

e. Preparing minutes and handling cases of examination rule violations to report to the Council's Standing Committee for resolution.

Article 16:

Subjects and examination methods (written or oral) must be carried out strictly in accordance with the provisions set forth in the training objectives and programs issued by the Minister of Transport.

Article 17:

Granting driving licenses.

1. Candidates who meet the requirements of all subjects will be considered for issuance of a driving license corresponding to the vehicle category they have applied for, without any supplementary examination.

2. Successful candidates, upon receiving the decision recognizing their qualification from the competent authority, will be granted a driving license. For successful candidates applying for a public passenger vehicle driver's license with more than nine seats, they must complete a probationary period as stipulated by the Director of the Road Transport Safety Agency. The Chairman of the Council will issue a certificate to these candidates allowing them to undertake the probationary period, and upon completion, they must submit a report on their performance, endorsed by their mentor and employer or local authorities, to be eligible for the formal issuance of the driving license by the Council.

Article 18:

Regulations on分级考试的分级规定：

1. The Director of the Road Transport Safety Agency directs and guides all matters related to the issuance, replacement, and revocation of driving licenses and certificates for motor vehicles on public roads, and directly issues licenses to candidates who pass the national examination.

2. The Director of the Department of Transport (or equivalent) issues and replaces driving licenses for motor vehicles on public roads for candidates who pass the provincial examination.

CHAPTER V

IMPLEMENTING PROVISIONS

Article 19:

1. The Director of the Road Transport Safety Agency bases on actual conditions and functions and powers to provide guidance and detailed regulations on the implementation of this Charter (in collaboration with the Director of the Personnel and Labor Affairs Department of the Ministry of Transport).

2. The Director of the Road Transport Safety Agency provides guidance and regulations on the use and replacement of driving licenses and permits issued before August 1, 1995.

Article 20:

All previous regulations concerning examinations, replacements, and issuances of driving licenses and permits for motor vehicles on public roads are hereby abolished.

This Charter takes effect from August 1, 1995./.