Decision No. 4352/2001/QĐ-BGTVT Issuing the Regulation on Management of Examination for Issuance of Motor Vehicle Driver's Licenses

Pursuant to …;

Issuing the Regulation on Management of Driving License Examination for Motor Vehicles on Road

______________________________

THE MINISTER OF TRANSPORTATION

Pursuant to the Road Traffic Law dated June 29, 2001;

Pursuant to Decree 22/CP dated March 22, 1994 of the Government stipulating the tasks, powers, responsibilities for state management and organizational structure of the Ministry of Transport;

Considering the proposal of the Director of the Vietnam Highway Administration, the Heads of the Legal Affairs-Vehicle Transport Department and the Organization and Personnel-Labor Department;

Pursuant to …;

Article 1. This Decision promulgates the "Regulation on Management of Driving License Examination for Motor Vehicles on Road" attached hereto.

Article 2. This Decision takes effect from January 1, 2002 and replaces Decision 2597/1998/QĐ-BGTVT dated October 19, 1998 of the Ministry of Transport.

Article 3. The Heads of the Ministry's Office, the Organization and Personnel-Labor Department, the Legal Affairs-Vehicle Transport Department, the Director of the Vietnam Highway Administration, the Directors of Provincial Departments of Transport, and the Heads of related Agencies and Units shall be responsible for implementing this Decision.

REGULATIONS

Management of Driving License Examination for Motor Vehicles on Road

(Attached to Decision No. 4352/QĐ-BGTVT dated December 18, 2001)

of the Minister of Transport)

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Chapter 1

GENERAL PROVISIONS

Article 1. Scope and Applicability

This Regulation governs the management of driving license examination for motor vehicles on road (hereinafter referred to as SHCGPLX), uniformly applicable to all Management Boards of SHCGPLX, Examination Centers of SHCGPLX, and Training Institutions for Drivers throughout the country.

This provision does not apply to the management of SHCGPLX for the Public Security and Military sectors engaged in security and defense duties.

Article 2. Terms

1. Motor vehicles on road (hereinafter referred to as motor vehicles):

Are types of vehicles moving on roads powered by engines driven by people, including:

Two-wheeled or three-wheeled motorcycles, motorbikes; motorized cyclos, three-wheeled lam cars.

All types of automobiles: passenger cars, trucks, buses, specialized vehicles, semi-trailers.

Wheeled tractors and self-propelled wheeled cranes on roads.

2. Driving License (DL):

Is a certificate issued to drivers of motor vehicles (drivers) allowing them to drive one or several types of motor vehicles.

3. Duration of professional driving:

Is the period during which the holder of a DL has driven the type of vehicle specified in the DL.

4. Professional driver:

Is a person who earns a living by driving.

5. Non-professional driver:

Is a person who does not earn a living by driving.

6. Concept of issuing a DL:

Includes: issuance, renewal, restoration, and revocation of DL.

Chapter 2

SYSTEM OF DRIVER'S LICENSES

Article 3. Classification of Driving Licenses

1. Class A1: Issued to drivers to operate two-wheeled motorcycles with engine displacement from 50 cm³.³ to less than 175 cm³.

2. Class A2: Issued to drivers to operate two-wheeled motorcycles with engine displacement from 175 cm³.³ and above, and all types of vehicles covered under Category A1.

3. Class A3: Issued to drivers to operate three-wheeled motorcycles, including lam cars and motorized cyclos, and other vehicles specified for DL Class A1.

4. Class A4: Issued to drivers to operate wheeled tractors with towing capacity up to 1000 kg.

5. Class B1: Issued to non-professional drivers to operate:

- Passenger cars up to 9 seats including the driver's seat;

- Trucks, including specialized vehicles with designed load capacity under 3,500 kg;

- Wheeled tractors towing one trailer with designed load capacity under 3,500 kg.

6. Class B2: Issued to professional drivers to operate:

- Passenger cars up to 9 seats including the driver's seat.

- Trucks, including specialized vehicles with designed load capacity under 3,500 kg.

- Wheeled tractors towing one trailer with designed load capacity under 3,500 kg.

- Wheeled cranes with lifting capacity designed under 3,500 kg.

- Types of vehicles specified for DL Class B1.

7. Class C: Issued to professional drivers to operate:

- Trucks, including specialized vehicles with designed load capacity from 3,500 kg and above.

- Tractor units, wheeled tractors towing one trailer or semi-trailer with designed load capacity from 3,500 kg and above.

- Wheeled cranes with lifting capacity designed from 3,500 kg and above.

- Types of vehicles specified for DL Classes B1, B2.

8. Class D: Issued to professional drivers to operate:

- Passenger cars from 10 to 30 seats including the driver's seat.

- Types of vehicles specified for DL Classes B1, B2, C.

9. Class E: Issued to professional drivers to operate:

- Passenger cars over 30 seats including the driver's seat.

- Types of vehicles specified for DL Classes B1, B2, C, D.

10. Holders of DL Classes B1, B2, C, D, E are permitted to operate corresponding vehicles towing one trailer with designed load capacity not exceeding 750 kg.

11. Class F: Issued to holders of DL Classes B2, C, D, E to operate corresponding vehicles towing trailers with designed load capacity greater than 750 kg, specifically defined as follows:

- Class FB2: Issued to drivers operating trucks as specified in DL Class B2 towing trailers and operating types of vehicles specified for DL Classes B1, B2.

- Class FC: Issued to drivers operating trucks as specified in DL Class C towing trailers and operating types of vehicles specified for DL Classes B1, B2, C, FB2.

- Class FD: Issued to drivers operating trucks as specified in DL Class D towing trailers and operating types of vehicles specified for DL Classes B1, B2, C, D, FB2, FC.

- Class FE: Issued to drivers operating trucks as specified in DL Class E towing trailers and operating types of vehicles specified for DL Classes B1, B2, C, D, E, FB2, FC, FD.

12. DLs for drivers of special-purpose motorcycles participating in road traffic are governed by separate regulations.

13. DLs are approved by the Minister of Transport, printed, distributed, and managed by the Vietnam Highway Administration for issuance and use throughout the country.

Article 4. Validity Period of Driving License

1. Class A1, A2, A3: No expiration date

When issuing DL Class A2 to drivers of two-wheeled motorcycles with engine displacement from 175 cm³³ and above, it must comply with the provisions of the Prime Minister regarding the eligible users of such vehicles.

2. Class B1: 5 years.

3. Class A4, B2, C, D, E and Class F: 3 years.

Article 5. Management and use of driving licenses

1. Persons holding a driving license may only drive the type of vehicle specified on their driving license.

2. The driving license must be carried with the person when driving.

3. The driving license may be temporarily or permanently revoked according to the Government's regulations.

4. Non-professional drivers wishing to drive professionally and those who need to upgrade their driving license must attend supplementary courses and examinations to obtain a new driving license.

5. Thirty days before the expiration date of the driving license, the holder must submit an application for renewal along with a health certificate as prescribed, to the competent authority to request issuance of a new license.

6. When renewing or upgrading the driving license, the issuing authority shall cut a corner off the old license and hand it over to the driver for safekeeping.

7. In cases where the holder transfers from one province or centrally-administered city to another, the issuing authority at the destination shall process registration for management purposes. The transferred license can continue to be used.

8. Foreign residents in Vietnam or foreign drivers registered abroad entering Vietnam with an international or national driving license, if they wish to drive in Vietnam, must apply for a corresponding Vietnamese driving license. If international agreements on Vietnamese driving licenses provide different provisions than this regulation, the provisions of such international agreements shall apply.

9. Driving licenses of Categories A1 and A2 issued by the Public Security sector prior to August 1, 1995, and driving permits and driving licenses issued by the Transport sector prior to January 1, 2002, remain valid for use according to the expiration date indicated on the permit or license.

Chapter 3

EXAMINATION AND ISSUE OF DRIVING LICENSES

Article 6. Organization, content, and procedures for examination and issuance of driving licenses.

1. The examination for issuing automobile driving licenses must be conducted at Examination Centers for Issuing Driving Licenses (hereinafter referred to as Examination Centers).

2. The Directorate of Roads of Vietnam shall specify the content and procedures for driving examinations.

Article 7. Conditions for being eligible for examination and issuance of driving licenses

1. For persons taking the examination for the first time:

a. Vietnamese citizens present a National Identity Card; foreigners permitted to reside or work, study in Vietnam and recognized by the competent authority.

b. Must meet the age and health requirements stipulated in Article 55 of the Road Traffic Law.

c. Have completed a driving course according to the training program at a driving school.

d. Submit complete application documents as required.

2. For persons taking the examination to upgrade their driving license:

a. In addition to the conditions stipulated in Clause 1 of Article 7, persons taking the examination to upgrade their driving license must have the following years of experience and safe driving distance based on their current driving license:

- For persons taking the examination to upgrade to the next category (from Category B1 to B2, B2 to C, C to D, D to E, and from each category to F) must have at least one year of experience and 25,000 kilometers of safe driving.

- For persons taking the examination to upgrade to a higher category (from B2 to D, C to E) must have at least two years of experience and 50,000 kilometers of safe driving.

b. The head of the unit, agency, or organization confirms the years of experience and safe driving distance for the driver and is responsible for the confirmation. In cases where the driver is also the owner of the vehicle or a household vehicle, there must be a commitment to ensure sufficient years of experience and safe driving distance. For upgrading from Category B1 to B2, the driver self-declares and takes responsibility without needing confirmation of years of experience and safe driving distance.

3. For candidates who were absent or failed the previous examination period, additional confirmation records from the Examination Board or Examination Team of the previous period are required.

Article 8. Examination Centers for Issuing Driving Licenses (Examination Centers)

1. Examination Centers are classified as follows:

- Type 1 Examination Center: Conducts examinations for all categories of driving licenses.

- Type 2 Examination Center: Conducts examinations up to Category C.

- Type 3 Examination Center: Conducts examinations for Categories A1 to A4.

2. Examination Centers are public service units with separate seals, allowed to open accounts at treasuries and banks.

3. Responsibilities of Examination Centers:

- Ensuring material resources, equipment, and testing devices as prescribed to conduct examinations objectively and accurately.

- Cooperating and creating favorable conditions for driving schools to bring trainees for review and for examination boards to organize examinations conveniently and according to schedule.

- Preparing annual revenue and expenditure plans for approval by the competent authority and implementing them.

- Providing services to support the operations of Examination Centers.

- Ensuring safety during driving examinations.

- Retaining examination records as prescribed.

4. Driving Examination Centers shall be connected to information management networks with examination management agencies and driving training institutions.

Article 9. Examination Management Authority for Issuing Driving Licenses

1. Examination Management Authority for Issuing Driving Licenses (Examination Management Board): Is a unified system of specialized professional management, assisting the Director of the Directorate of Roads of Vietnam (Examination Management Board at the Directorate level) and the Director of the Department of Transport, Construction and Transportation (Examination Management Board at the Department level).

2. The Vehicle and Driver Management Department of the Directorate of Roads of Vietnam performs the functions of the Examination Management Board at the Directorate level.

3. The Vehicle and Driver Management Department of the Department implements the functions of the Examination Management Board at the Department level. Where there is no vehicle and driver management department, the Director of the Department assigns another functional department to perform the functions of the Examination Management Board at the Department level.

Article 10. Tasks of the Examination Management Board at the Directorate Level

1. Researching and drafting regulatory documents on examination and issuance of driving licenses for the Director of the Directorate of Roads of Vietnam to sign and issue within his authority or to submit to the Minister of Transport for signature and issuance, and advising the Director of the Directorate of Roads of Vietnam on uniform implementation nationwide.

2. Researching standardized forms, record books, and professional stamps for managing examination and issuance of driving licenses, submitting to the competent authority for signing and issuing for uniform application throughout the country.

3. Organizing research on information technology applications in the organization and management of examination and issuance of driving licenses; Establishing an information network connecting the Examination Management Board at the Directorate level with Examination Centers and Examination Management Boards at the Department level.

4. Advise the Director of the Vietnam Road Administration:

- Directing on professional matters, guiding, and inspecting the activities of Examination Centers as prescribed.

- Guiding and inspecting the professional activities of Examination Management Boards at the Department level.

- Develop training needs plans, provide training, and directly manage the team of examiners under the Examination Management Board of the General Department of Transportation.

- Organize driving license examination for trainees at driving schools managed by the Ministry of Transport assigned to the General Department of Transportation.

- Develop programs, direct, and organize training sessions for the national team of driving examiners.

5. Perform other tasks related to driving license examinations as assigned by the Director of the General Department of Transportation.

Article 11. Tasks of the Examination Management Board at the Provincial Level

1. Advise the Director of the Department of Transport and Urban-Rural Transport on

- Implementing regulations and guidelines on examination procedures for driving licenses issued by the Ministry of Transport and the General Department of Transportation.

- Developing training needs plans, providing training, and directly managing the team of examiners under the Provincial Examination Management Board.

- Establishing examination centers in local areas.

- Directly managing and directing the activities of examination centers within the province.

- Connecting information networks with examination centers and the General Department of Transportation.

- Organizing examinations for trainees at driving schools managed by the provincial department. In cases where examinations are organized at examination centers not under direct management, the Provincial Examination Management Board shall proactively contact appropriate examination centers to organize the examination sessions.

2. Perform other tasks related to driving license examinations as assigned by the Director of the Department of Transport and Urban-Rural Transport.

Article 12. Procedures for organizing driving license examination sessions

The Ministry of Education and Training takes the lead together with the Organizational Structure Department of the provincial government to develop the examination plan to be submitted to the Chairman of the Provincial People's Committee for decision.

a. For A1, A2 category examination sessions:

The Examination Management Board has the responsibility to:

- Receive lists of trainees requesting examinations.

- Review the list of candidates according to the provisions of Article 7 above.

- Prepare documents for approval by the Director of the General Department of Transportation or the Director of the Department of Transport and Urban-Rural Transport, issue decisions to organize examination sessions, and establish Examination Teams.

b. For A3, A4, B1, B2, C, D, E, F category examination sessions:

The Examination Management Board:

- Receive reports on lists of trainees, proposed examination schedules, and notify driving schools.

- Review the list of candidates according to the provisions of Article 7 above.

- Prepare documents for approval by the Director of the General Department of Transportation or the Director of the Department of Transport and Urban-Rural Transport, issue decisions to organize examination sessions, establish Examination Councils and Examination Teams.

2. Organizing examination sessions:

- The Examination Management Board directs the Examination Council and Examination Team to organize examination sessions according to the content and procedures specified by the General Department of Transportation.

- At the end of the examination session, candidates who fail may retake the failed subjects once, organized by the same Examination Management Board. If they still fail after retaking, the results from the previous examination will be void.

3. Recognizing examination results:

The Examination Management Board has the responsibility to:

- Review and compile examination results.

- Prepare documents for approval by the Director of the General Department of Transportation or the Director of the Department of Transport and Urban-Rural Transport to issue decisions recognizing successful candidates and issuing driving licenses to successful candidates within fifteen days of the decision being made.

Article 13. Examination Council for Issuing Driving Licenses

1. Examination Council:

- The Examination Council is established by the Director of the General Department of Transportation or the Director of the Department of Transport and Urban-Rural Transport.

- The Council operates on the principle of majority rule, and its conclusions are valid when at least 4/5 of the members participate.

- After the examination session, the Examination Council automatically dissolves itself.

2. Composition of the Examination Council

a. Chairman of the Council: Representative of the Examination Management Board or a person authorized by the Director of the General Department of Transportation or the Director of the Department of Transport and Urban-Rural Transport.

b. Vice-Chairman of the Council:

- Head of the driving school

- Director of the Examination Center

c. Permanent Member: Leader of the Examination Team

d. Secretary: Head of the Training Department of the driving school.

3. Tasks of the Examination Board:

- Direct inspection and require completion of conditions for organizing examination sessions.

- Assign and schedule examination times.

- Disseminate and guide examination regulations, rules, and necessary provisions to examiners.

- Organize examination sessions according to regulations.

- Record and handle violations of examination regulations within their authority and report to competent authorities.

- Compile examination results and sign confirmation records. Store all examination-related documents at the driving school, Examination Center, and Examination Management Board.

Article 14. Examination Team

1. Examination Team

- The Examination Team is established by the Director of the General Department of Transportation or the Director of the Department of Transport and Urban-Rural Transport.

- The Examination Team is directly supervised by the Examination Council. The Examination Team for A1, A2 categories is directly supervised by the Examination Management Board.

- After the examination session, the Examination Team automatically dissolves itself.

2. Members of the Examination Team

The Examination Team consists of a leader and examiners, who are under the management of the General Department of Transportation, the Department of Transport and Urban-Rural Transport, the Examination Center, or the driving school.

3. Qualifications of Examiners

- Good moral character.

- Educational level: high school graduate.

- Hold a driving license corresponding to the vehicle category for at least one year.

- Undergo training in examination procedures and be issued an examiner card by the Director of the General Department of Transportation.

4. Responsibilities of the Examination Team

- Inspect vehicles, scoring equipment, test sites, security, and safety measures.

- Announce and check candidates' compliance with examination regulations and rules.

- Conduct examinations according to prescribed content and procedures.

- Record and handle violations according to their authority, or report to the Examination Council for resolution.

- Score tests, compile results, evaluate the examination session, and report to the Examination Council or the Examination Management Board (for A1, A2 category examinations) for resolution.

5. Examiners are directly responsible for examination scores. The leader of the Examination Team is generally responsible for the examination session results.

6. Examiners must wear uniforms as prescribed when performing their duties.

Article 15. Documents for applying to take the examination for obtaining a driving license

- Application form for taking the examination for obtaining a driving license

- Health certificate in accordance with regulations

- Graduation certificate or supplementary training certificate for upgrading the driving license category (except for categories A1 and A2)

- For upgrading the driving license category, there must be confirmation regarding the time and safe mileage driven.

- For those retaking the examination, there must be a record confirming the previous examination results.

Article 16. Examination levels for issuing and renewing driving licenses

1. Directorate General of Roads and Waterways (Cục ĐBVN)

a. Directing, managing, and guiding the business operations related to the examination for issuing driving licenses nationwide.

b. Organizing the examination for issuing driving licenses for trainees at training centers managed by the Directorate.

c. Renewing driving licenses for drivers belonging to central agencies of the Party, State, mass organizations, and international and diplomatic organizations located in Hanoi.

2. Department of Transport, Traffic Management (Sở Giao thông vận tải, GTCC)

Implementing tasks related to the examination for issuing driving licenses within their local jurisdiction, except for the subjects specified in Clause 1 of this Article.

Article 17. Reporting on the work of issuing driving licenses through examinations

Annually, in January and July, traffic management centers and transport departments shall summarize their work on issuing driving licenses through examinations and report to the Directorate General of Roads and Waterways for consolidation and reporting to the Ministry of Transport.

Article 18. Inspection and supervision of the work of issuing driving licenses through examinations

1. The Personnel and Labor Affairs Department and the Inspectorate of the Ministry shall lead and coordinate with relevant agencies to organize national inspection teams for the work of issuing driving licenses every two years.

2. The Director of the Directorate General of Roads and Waterways, the Directors of Provincial Departments of Transport, and Traffic Management shall be responsible for directing, organizing, and regularly supervising activities related to issuing driving licenses within their assigned jurisdictions.

3. Inspections and supervision of the work of issuing driving licenses must comply with legal provisions on inspections and supervision. In cases where violations are discovered in the work of issuing driving licenses, the Director of the Directorate General of Roads and Waterways and the Directors of Provincial Departments of Transport and Traffic Management shall promptly handle them according to legal provisions.

Chapter 4

IMPLEMENTATION

Article 19. The Director of the Directorate General of Roads and Waterways shall be responsible for organizing guidance and supervision of the implementation of this regulation.

Article 20. During the implementation process, if there are difficulties, training institutions, training management agencies, and examination issuance management agencies shall promptly reflect these issues to the Directorate General of Roads and Waterways for consolidation and reporting to the Ministry of Transport to study and adjust or supplement when necessary.