Circular No. 38/2013/TT-BGTVT amending and supplementing certain Articles of Circular No. 46/2012/TT-BGTVT dated November 7, 2012, issued by the Minister of Transport on training, examination, and issuance of motor vehicle driver's licenses.

CIRCULAR

Amending and supplementing certain Articles of TCircular No. 46/2012/TT-BGTVT

dated November 7, 2012 of BMinister B||| oftransport industry

on training, examination, and issuance of motor vehicle driver's licenses

______________

Based on the Road Traffic Law dated 13rdJune 2024;energy 11 BASED ON THE CIVIL SERVANT LAW ON JANUARY 1,

On the basis of the Vocational Training LawtoSeptember 29th 11 2006;

On the basis of Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hereinafter referred to as the DecreeDeputy ministers of ministerial-level agencies, qTHE defining the functions, tasks, powers, and organizational structure ofDeputy ministers of ministerial-level agencies,the Ministry of Transport;

At the proposal of the Department of Science and Technology, trChapter V of the Department of Organization and Cadres and the Director General of the Vietnam Road Transport Corporation,June 2024;The Minister of Transport hereby promulgates this Circular amending and supplementing Circular No. 2/

-BGTVT dated November 7No. of Circular No.No. 46/2012012 of the Minister of Transport on training, examination for issuance of motor vehicle driver's licenses.T-BGTVT dated November 7June 2024;energy 11 2012 of the Minister of Transport stipulating the training, examination, and issuance of motor vehicle driver's licenses.licenses. Article 1. Amending and supplementing Circular No. 4

/2012/TT-BGTVT dated November 7, 2012 issued by the Minister of Transport on training, examination, and issuance of motor vehicle driver's licenses., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP supplement some articlesDeputy ministers of ministerial-level agencies,Article 4. Driving schools61. A driving school is a vocational training institution established by an authorized agency with the function of training drivers.Deputy ministers of ministerial-level agencies,2. A driving school must be consistent with the driving school planning approved by the Ministry of Transport and meet the technical and professional standards of driving schools as prescribed in this Circular." 2. Amending Clause 2, Clause 4 of Article 11 staff

1. Amend Article 4 as follows:

""2. Study and draft plans for driving school facilities; management contents, training programs for drivers; systems of documents, forms, and ledgers for business management to serve the management of driver training, to be submitted to the Ministry of Transport for issuance."

"4. Reissue driver training permits, issue certificates for practical driving instructors, and driving practice vehicle permits for driving schools directly managed by the Vietnam Road Transport Corporation."

3. Amending Clauses 2, Clause 4 of Article 12

"2. Based on the driving school planning of the Ministry of Transport, approve investment proposals for new driving schools."

a) Amending Clause 2 as follows:

"4. Issue new and reissue driver training permits and send copies of issued driver training permits along with inspection reports to the Vietnam Road Transport Corporation."

b) Amend Clause 4 as follows:

Article 16. Procedures for issuing new driver training permits

1. Organizations and individuals wishing to establish a new driving school shall submit one set of application files to the Department of Transport. The files include:

a) Amending Clause 2 as follows:

a) A request for approval to establish a new driving school;

b) Amend Clause 4 as follows:

b) A project for establishing a driving school, including the proposed location, area, scale, training capacity, number of instructors, and number of vehicles of the driving school;

"4. Amending and supplementing Article 16 as follows:"

"c) A confirmation letter from the local authority responsible for land use regarding the land for building the driving school.ớ2. The Department of Transport will review the application files for establishing a new driving school and proceed as follows:

a) If the files are incomplete according to regulations, within two working days from receiving the files, the Department of Transport must provide direct guidance or written instructions to the organizations and individuals;

b) Based on the actual training needs of the locality and the approved driving school planning of the Ministry of Transport, the Department of Transport will review and issue a written approval for investment in establishing a new driving school to the organizations and individuals within ten working days from receiving complete files according to regulations. In case of disapproval, the Department of Transport will issue a written response to the organizations and individuals stating the reasons.

3. Organizations and individuals who have received approval to establish a new driving school shall proceed to build and meet the technical and professional standards of the driving school, prepare one set of application files for issuing a new driver training permit, and submit them to the Department of Transport. The files include:

a) A letter accompanied by a report requesting a driver training permit according to the model specified in Appendix 16 of this Circular;

b) The approval letter for establishing a new driving school from the Department of Transport (photocopy);

c) The decision establishing the vocational training institution with the function of training drivers from the authorized agency (certified copy);

d) Certificates of practical driving instructors (certified copy);

đ) Vehicle registration certificate (certified copy), certificate of technical safety and environmental protection of motor vehicles (photocopy), driving practice vehicle permit (photocopy).

4. The Department of Transport will review the application files for issuing a new driver training permit and proceed as follows:

a) If the files are incomplete according to regulations, within two working days from receiving the files, the Department of Transport must provide direct guidance or written instructions to the organizations and individuals;

b) Within ten working days from receiving complete files according to regulations, the Department of Transport will organize an on-site inspection of the driving school in collaboration with the local vocational training management agency. The inspection report form is specified in Appendix 17a of this Circular;

c) Within five working days from the end of the inspection, if the conditions are met, the Department of Transport will issue a new driver training permit to the driving school. If the permit is not issued, a written response must be provided stating the reasons;

5. The submission of files and delivery of results will be conducted at the office of the agency or through postal service."

"Article 17. Procedures for reissuing driver training permits

1. Driver training permits are reissued when they expire, or when there is a change in the type of vehicle trained or training capacity.

2. Application files for reissuing driver training permits

a) For reissuance upon expiration: Thirty days before the driver training permit expires, the driving school shall prepare one set of application files and submit them to the Department of Transport or the Vietnam Road Transport Corporation (for driving schools directly managed by the Vietnam Road Transport Corporation). The files include the components specified in Points a, d, đ of Clause 3 of Article 16 of this Circular;

b) For changes in the type of vehicle or training capacity: The driving school shall prepare one set of application files and submit them to the Department of Transport or the Vietnam Road Transport Corporation (for driving schools directly managed by the Vietnam Road Transport Corporation). The files include the components specified in Points a, d, đ of Clause 3 of Article 16 of this Circular.

5. Amending and supplementing Article 17 as follows:

"Article 17. PrDeputy ministers of ministerial-level agencies, ocess for reissuingperiod2. The Department of Transport will review the application files for establishing a new driving school and proceed as follows:

1. A driving school training permit shall be reissued when it expires, when the category of vehicles to be trained is adjusted, or when the training capacity is adjusted.

2. Documents for reissuing a driving school training permit

a) In case of reissuance upon expiration: At least thirty days before the driving school training permit expires, the training institution shall prepare one set of Application Documents for Reissuing the Permit and submit them to the Department of Transport or the Vietnam Highway Corporation (for training institutions directly managed by the Vietnam Highway Corporation). The application documents shall include the components specified in points a, d, đ of Clause 3, Article 16 of this Circular;

b) In case of adjustment of vehicle categories or training capacity: The training institution shall prepare one set of application documents and submit them to the Department of Transport or the Vietnam Highway Corporation (for training institutions directly managed by the Vietnam Highway Corporation). The application documents shall include the components specified in points a, d, đ of Clause 3, Article 16 of this Circular.

3. Within a period not exceeding five working days from the date of receiving all necessary documents for reissuance, the Department of Transport or the Vietnam Highway Corporation shall cooperate with the vocational training management agency to conduct an on-site inspection of the training institution and prepare an inspection report according to the model specified in Appendix 17b of this Circular.

4. Within a period not exceeding three working days from the date of completing the inspection with satisfactory results, the Department of Transport or the Vietnam Highway Corporation shall reissue the driving school training license to the training institution. In case of non-reissuance, a written response must be provided, stating the reasons.

b) For changes in the type of vehicle or training capacity: The driving school shall prepare one set of application files and submit them to the Department of Transport or the Vietnam Road Transport Corporation (for driving schools directly managed by the Vietnam Road Transport Corporation). The files include the components specified in Points a, d, đ of Clause 3 of Article 16 of this Circular.

6. Amend Point b Clause 1 Article 31 as follows:

"b) Based on the proposal of the provincial People's Committee and in accordance with the approved planning of the Ministry of Transport, the Vietnam Highway Corporation shall issue a written agreement on the construction of driving test centers to the People's Committee and relevant organizations and individuals. In case of disapproval, a written response must be issued, stating the reasons."

7. Amend Clause 8, Clause 9 Article 34

a) Amend Clause 8 as follows:

"8. Implement reporting and publicizing the examination schedule on the center’s website, retain examination result files for at least five years, and store theoretical examination room surveillance data and road examination data for at least one year."

b) Amend Clause 9 as follows:

"9. Connect information management networks with the Vietnam Highway Corporation and the Department of Transport."

8. Amend Clause 2 Article 39 as follows:

"2. Composition of the examination board

a) The Chairman of the board is the leader of the Department of Transport or their representative managing the examinations, holding a driver's license for motor vehicles, possessing knowledge about training, examination, and issuance of driver's licenses, authorized by the Director of the Department of Transport or the Director-General of the Vietnam Highway Corporation;

b) Members include: the Director of the driving examination center, the head of the training institution, the examination team leader, and the secretary member; the secretary member is an employee of the examination management board under the Department of Transport or the Vietnam Highway Corporation."

9. Amend Point b Clause 2 Article 40 as follows:

"b) Examination officers are civil servants or employees of the Vietnam Highway Corporation, the Department of Transport, or the training institution; examination officers from the training institution may not examine students directly trained by that institution."

10. Amend Clause 1 Article 45 as follows:

"1. The Vietnam Highway Corporation is assigned by the Ministry of Transport to manage examinations and issuance of driver's licenses nationwide. It organizes examinations and issuance of driver's licenses for students of training institutions directly managed by the Vietnam Highway Corporation."

11. Add Clause 9 Article 46 as follows:

"9. Publicize the schedule and location of the upcoming month's driving examinations on the Vietnam Highway Corporation's website before the 15th day of the preceding month."

12. Add Clause 5 Article 47 as follows:

"5. Publicize the schedule and location of the upcoming month's driving examinations within the local jurisdiction on the Department of Transport's website before the 15th day of the preceding month."

13. Amend Clause 1 Article 49 as follows:

"1. A person holding a driver's license may only drive the type of vehicle specified in the license."

14. Amend Clause 1 Article 53 as follows:

"1. Within three months prior to the expiration of the driver's license, a person wishing to continue using the license may apply for renewal; existing paper-based driver's licenses still in effect can be exchanged for plastic card driver's licenses according to the transition plan stipulated in Article 61 of this Circular."

15. Amend Article 61 as follows:

"Article 61. Transition Plan to Plastic Card Driver's Licenses 1. Motor vehicle driver's licenses: transition completed before December 31, 2014;"

1. Driver's licenses for automobiles: convert before December 31, 2015;

16. Amend some Appendices of Circular No. 46/2012/TT-BGTVT as follows:

3. Driver's licenses without expiration date (categories A1, A2, A3):

a) Issued before 2003: convert before December 31, 2016;

b) Issued before 2004: convert before December 31, 2017;

c) Issued before 2007: convert before December 31, 2018;

d) Issued before 2010: convert before December 31, 2019;

e) Issued after 2010: convert before December 31, 2020."

This Circular takes effect from December 31, 2014.

Amend Appendices 17a, 17b, 21a, 25a to Appendices 1, 2, 3, 4 respectively, as promulgated together with this Circular."

Amend appendices 17a, 17b, 21a, 25a with appendices 1, 2, 3, 4 respectively issued together with this Circular."

Article 2. Repeal certain Articles, Clauses, and Annexes of Circular No. 46/2012/TT-BGTVT dated November 7, 2012, issued by the Minister of Transport regarding training, examination, and issuance of motor vehicle driver's licenses. mechanical road

1. Repeal Clause 3 of Article 8.

2. Repeal Clause 5 of Article 12.

3. Repeal Article 18.

4. Repeal Annex 18 and Annex 19.

Article 3. Effectiveness

1. This Circular takes effect from March 1, 2014.

2. In cases where organizations or individuals have been approved by the Vietnam Road Administration for investment in building new driving schools before this Circular was signed and promulgated, the Department of Transport within their jurisdiction shall continue to implement the issuance of new licenses.

Article 4. Organization of Implementation

The Head 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./.