Decision No. 4353/2001/QD-BGTVT Issuing the Regulation on Management of Motor Vehicle Driver Training

Pursuant to …;

Issuing regulations on the management of motor vehicle driver training

____________________

 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 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 and Transportation Department, and the Personnel and Labor Department;

Pursuant to …;

Article 1. These regulations on "Management of Motor Vehicle Driver Training" are hereby issued together with this Decision.

Article 2. This Decision shall take effect from January 1, 2002 and replace:

1. Circular 257/TT/TCCB-LĐ dated October 17, 1995 of the Ministry of Transport.

2. Decision 2597/1998/QĐ-BGTVT dated October 19, 1998 of the Ministry of Transport.

Article 3. The following officials: Head of the Ministry's Office, Heads of the Personnel and Labor Department, Legal Affairs and Transportation Department, Director of the Vietnam Highway Administration, Directors of Provincial Departments of Transport, and Heads of related agencies are responsible for implementing this Decision.

REGULATIONS

MOTOR VEHICLE DRIVER TRAINING MANAGEMENT
(Issued together with Decision No. 4353/2001/QĐ-GTVT dated December 18, 2001 of the Minister of Transport)

Chapter 1

GENERAL PROVISIONS

Article 1. Scope and Applicability

These Regulations stipulate the management of motor vehicle driver training (hereinafter referred to as DTDX) uniformly applicable to management agencies of DTDX work and training institutions throughout the country.

These Regulations do not apply to driver training activities of the Public Security and Military sectors involved in security and defense duties.

Chapter 2

TRAINING INSTITUTIONS

Article 2. Training Institutions

A training institution for drivers is a vocational training establishment established by an authorized agency, having the function of training drivers, and meeting all conditions as prescribed by the Ministry of Transport (Ministry of Transport).

Article 3. Tasks, Powers of Training Institutions

1. Organizing admissions according to the categories of driving licenses permitted to train and ensuring the required conditions.

2. Organizing new training and supplementary category conversion training according to the volume, duration, location, and category of driving license specified in the permit.

3. Organizing new training courses and supplementary category conversion training according to programs and textbooks issued by the Ministry of Transport.

4. Issuing graduation certificates to students and retaining relevant records and documents of the training course in accordance with national vocational training management regulations and the Ministry of Transport’s regulations on driver training.

5. Being entitled to collect and use tuition fees for driver training in accordance with current regulations.

6. Maintaining and continuously focusing on enhancing material facilities and equipment serving teaching and learning at the institution to improve the quality of driver training.

7. Registering for examinations and proposing the organization of examination periods in accordance with the regulations of the Examination Authority for Driving Licenses.

Article 4. Technical and Professional Standards of Training Institutions

1. Classrooms:

a. Classrooms must have a minimum area of 50 square meters for classes of 30 to 35 students; Meeting standards for space and lighting; Away from noise; Having a workspace for teachers equipped with necessary technical devices and teaching aids.

b. Training institutions must have specialized classrooms suitable for the scope of training as follows:

- Traffic Law Classroom:

Equipped with computer systems, traffic signs, road maps, and models for teaching traffic situations.

- Car Structure Classroom:

Containing drawings and models; Having major assemblies such as engines, chassis, electrical systems, and components of cars.

- Driving Techniques Classroom:

Equipped with teaching aids for instructing basic driving actions like electronic cabins, cold and hot number practice cars; Having audio-visual equipment such as models, video discs, projectors, etc., for teaching purposes.

- Transportation Operations Classroom:

Containing charts and tables for teaching specialized operations related to cargo and passenger transport.

2. Teaching Materials for Training and Management of Driver Training:

- Adequate textbooks for teaching driving according to the permitted vehicle categories issued by the Ministry of Transport.

- Study guides for review, testing, and examination, and reference materials for teaching and learning.

- Ledgers and forms for managing the teaching and learning process in accordance with the Ministry of Transport’s regulations.

3. Teacher Standards:

a. General Standards:

- Good moral conduct.

- Meeting health requirements.

- Educational level: completion of secondary education.

- Holding a Level I or higher teaching qualification certificate.

b. Specific Standards:

- Teachers of theoretical subjects:

+ Graduated from university, college, or vocational high school in a relevant field corresponding to the subject assigned.

+ Teachers of Driving Techniques and Traffic Law must hold a driving license.

- Practical Driving Teachers:

+ Holding a driving license equivalent to or higher than the category being trained.

+ At least three years of driving experience.

+ Attended a practical driving instructor training course as prescribed by the Vietnam Highway Administration.

+ Must wear an instructor badge when teaching on the road, issued by the head of the training institution.

4. Practice Cars:

a. Having sufficient practice cars corresponding to the driving license categories and training volume recorded in the training permit.

b. Must be owned by the training institution. If insufficient, contracted cars may be used but the contract must cover at least one training course and the number of contracted cars should not exceed 30% of the same category training cars.

c. Holding a Safety and Environmental Protection Inspection Certificate.

d. Equipped with effective auxiliary braking systems.

e. The car body must have a roof to protect against rain and sun and seats for students.

f. Holding a "Practice Car Permit" and "Practice" sign issued by the Provincial Department of Transport or the Vietnam Highway Administration.

5. Driving Practice Grounds and Traffic Roads for Teaching:

a. Driving Practice Grounds:

- Must own driving practice grounds. If contracted, the contract must be long-term for at least three years.

- Minimum area:

+ For categories A1 and A2: 500 square meters

+ For categories B1 and B2: 5,000 square meters

+ For categories C, D, E, and F: 8,000 square meters

Must have simulated traffic situations with traffic sign systems.

b. Driving Practice Roads:

Public roads selected for teaching must have appropriate traffic situations for the training program and be approved by the Provincial Department of Transport or the Vietnam Highway Administration.

6. Workshop for Practical Maintenance and Repair:

- Containing major components and assemblies of cars such as engines, chassis, and electrical systems.

- Having sufficient space and equipped with specialized tools for student practice, with a minimum ratio of 8-10 people per set.

Chapter 3

MANAGEMENT AUTHORITIES FOR DRIVER TRAINING

Article 5: Training Driver Management Authority

1. The Vietnam Road Transport Administration (Cục ĐBVN) is assigned by the Ministry of Transport (Bộ GTVT) to uniformly manage training driver matters throughout the country.

2. Provincial Departments of Transport (Sở GTVT), Urban Transportation Centers (GTCC) are responsible for managing training driver matters within their respective provinces and centrally-administered cities.

Article 6. Responsibilities of the Vietnam Road Transport Administration in managing training driver matters

1. To study and build training objectives, programs, and textbooks for training drivers, submit them to the Ministry of Transport for issuance and guidance on implementation.

2. To study systems of documents, forms, and ledgers for business management operations serving the management of training drivers, issue them according to its authority or submit them to the Ministry of Transport for issuance and guidance on implementation.

3. To develop a planning framework for the national system of training driver facilities.

4. To issue licenses for training drivers to training driver facilities according to regulations.

5. To issue unified training programs for practical driving instructors applicable nationwide.

6. To guide and inspect provincial Departments of Transport and Urban Transportation Centers on business management operations related to managing training drivers.

7. To implement management of training drivers for training driver facilities under ministries, sectors, and departments organized by the Ministry of Transport to conduct vehicle registration services.

Article 7. Responsibilities of provincial Departments of Transport and Urban Transportation Centers in managing training driver matters

1. To coordinate with local vocational training management agencies to manage training driver matters for training driver facilities managed by the provincial Departments of Transport according to regulations.

2. To lead and coordinate with local vocational training management agencies to inspect technical standards and specialized skills of training driver facilities managed by the provincial Departments of Transport to propose the Vietnam Road Transport Administration to consider and issue training driver licenses.

Article 8. Responsibilities of the direct superior management agency of training driver facilities in managing training drivers

The direct superior management agency of training driver facilities under ministries, sectors, localities... has the responsibility to coordinate with the training driver management agency in managing training driver facilities under their jurisdiction.

Article 9. Issuance of training driver permits

1. Application documents:

- A request letter from the training driver facility.

- A recommendation letter from the provincial Department of Transport or Urban Transportation Center.

- An inspection report from the inter-departmental inspection team between the provincial Department of Transport, Urban Transportation Center, and the local vocational training management agency.

2. Duration of the training driver permit: five years.

Article 10. Reporting on training driver activities

Annually, in January and July, provincial Departments of Transport and Urban Transportation Centers shall summarize and conclude training driver activities and report to the Vietnam Road Transport Administration for consolidation and reporting to the Ministry of Transport.

Article 11. Inspection and supervision of training driver activities

1. The Personnel and Labor Organization Department and the Inspectorate of the Ministry of Transport shall lead and coordinate with relevant agencies to organize a national inspection team for training driver activities every two years.

2. Annually, the Vietnam Road Transport Administration shall organize inspections of training driver facilities, report results to the Ministry of Transport. When necessary, it shall cooperate with the Vocational Training General Department under the Ministry of Labor, Invalids and Social Affairs and other relevant agencies.

3. Provincial Departments of Transport and Urban Transportation Centers shall lead and coordinate with relevant agencies to organize inspections of training driver activities for training driver facilities under their management.

4. Inspections and supervisions of training driver activities must comply with laws on inspections and supervisions. In case of violations detected, the Director of the Vietnam Road Transport Administration and the Director of the provincial Department of Transport or Urban Transportation Center shall handle them according to the law.

Chapter 4

IMPLEMENTATION

Article 12. The Vietnam Road Transport Administration is responsible for organizing guidance and inspections of the implementation of this Regulation.

Article 13. During the implementation process, if there are difficulties, management agencies and training facilities should promptly reflect them to the Vietnam Road Transport Administration for consolidation and reporting to the Ministry of Transport to study and adjust or supplement when necessary.