Decision No. 4480/2002/QD-BGTVT on the issuance of regulations on responsibilities and handling violations in the management of training, examination, and issuance of motor vehicle driver's licenses.

Pursuant to …;

Regarding the issuance of Regulations on Responsibilities and Handling Violations in the Management of Driver Training, Examination, and Issuance of Motor Vehicle Licenses

for Road Transport

_____________________________

 

THE MINISTER OF TRANSPORTATION

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

Based on the Civil Servant Ordinance and Anti-Corruption Ordinance dated February 26, 1998;

Based on the Government Decree No. 22/CP dated March 22, 1994 regarding the tasks, authorities, responsibilities for state management and organizational structure of the Ministry of Transport;

Pursuant to the proposal of the Director of the Vietnam Highway Administration, the Heads of the Personnel and Labor Department, the Legal Affairs and Transportation Department,

DECISION:

Article 1. This Decision promulgates the "Regulations on Responsibilities and Handling Violations in the Management of Driver Training, Examination, and Issuance of Motor Vehicle Licenses for Road Transport".

Article 2. This Decision shall take effect fifteen days from the date of signature.

Article 3. The Chairmen of the People's Committees of provinces and centrally governed cities, Ministers of relevant Ministries, Heads of the Ministries' General Offices, Heads of Departments under the Ministries, Heads of the Ministries' Inspection Agencies, Directors of the Vietnam Highway Administration, Directors of Provincial Departments of Transport (Public Transport), Heads of agencies and units concerned shall be responsible for implementing this Decision.

 

REGULATIONS

Responsibilities and handling violations in the management of driver training,

examination, issuance of motor vehicle licenses for road transport

(Issued together with Decision No. 4480/2002/QD-BGVT dated December 31, 2002

of the Ministry of Transport)

____________________

 

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. These regulations determine responsibilities and handling of violations in the management of driver training, examination, and issuance of motor vehicle licenses for road transport.

Article 2. These regulations apply to organizations and individuals performing tasks in managing driver training, examination, and issuance of motor vehicle licenses for road transport nationwide.

These regulations do not apply to organizations and individuals responsible for managing driver training, examination, and issuance of licenses for military and police forces engaged in national defense and security tasks.

Article 2. Organizations and individuals specified in Clause 2, Article 1 include:

1. The Ministry of Transport uniformly manages state administration over driver training, examination, and issuance of motor vehicle licenses.

The Vietnam Highway Administration is authorized by the Ministry of Transport to implement state management tasks over driver training, examination, and issuance of motor vehicle licenses nationwide.

Provincial Departments of Transport (Public Transport) are responsible for managing driver training, examination, and issuance of motor vehicle licenses within their respective provinces and centrally governed cities.

2. People's Committees of provinces and centrally governed cities, Ministries with driving schools, Examination Centers within their respective tasks and authorities shall coordinate to organize implementation of management over driver training, examination, and issuance of motor vehicle licenses within their localities and sectors.

3. Direct supervisory agencies of driving schools.

4. Units directly conducting driver training, examination, and Examination Boards, Examination Teams.

5. Individuals directly performing tasks in managing driver training, examination, and issuance of motor vehicle licenses:

Article 3. Organizations and individuals mentioned in Article 2 of these regulations must comply with provisions of regulatory legal documents on management of driver training, examination, and issuance of motor vehicle licenses, other related regulatory legal documents, and these regulations.

Chapter 2:

Vietnam Road Administration Bureau.

Article 4. Responsibilities of the Ministry of Transport.

1. Timely review, supplement, and amend regulatory legal documents in the field of management of driver training, examination, and issuance of motor vehicle licenses for road transport.

2. Direct periodic and spot inspections on management of driver training, examination, and issuance of motor vehicle licenses:

a. Comprehensive inspection every two years;

b. Annual inspection;

c. Spot inspection.

Article 5. Responsibilities of the Vietnam Highway Administration

1. Take the lead in drafting and bear primary responsibility for the professional and operational content of legal normative documents on driver training, examination, and issuance of driving licenses.

2. Organize the training of examiners nationwide to ensure sufficient quantity and quality.

3. Issue driving school training permits to automobile driving schools throughout the country according to standards.

4. Directly manage driver training, examination, and issuance and renewal of driving licenses for the subjects assigned by the Ministry of Transport; take effective measures to prevent violations and corruption.

5. Coordinate with the Department of Organization and Cadres and the Labor Inspection Department of the Ministry to implement inspection and supervision of driver training management institutions, examination, and issuance of driving licenses as prescribed; promptly handle any violations discovered within their authority.

Article 6. Responsibilities of the Provincial Department of Transport (Public Works)

1. Directly manage driver training, examination, and issuance of driving licenses for the subjects assigned within the province or centrally-administered city as prescribed.

2. Inspect and accurately determine technical, vocational, and professional standards of driving schools under their management, and propose to the Vietnam Highway Administration to issue automobile driving school training permits.

3. Issue motorcycle driving school training permits upon delegation from the Vietnam Highway Administration.

4. Inspect and supervise driving schools, examination centers, and examination boards. Take measures to prevent violations and corruption in ensuring the content and program of training; improper collection and expenditure of tuition fees and examination fees for driving license issuance; buying and selling of driving licenses; promptly handle violations within their authority or report to competent authorities for handling.

5. Promptly report violations of examiners managed by the Provincial Department of Transport (Public Works) to the Vietnam Highway Administration for review and revocation of examiner cards.

6. Submit to the People's Committee of the province or centrally-administered city proposals for the construction of examination centers in accordance with planning and industry standards.

Article 7. Responsibilities of the People's Committee of the province or centrally-administered city having driving schools

1. Direct the Provincial Department of Transport (Public Works) to implement driver training, examination, and issuance of driving licenses in accordance with regulations.

2. Direct the inspection and supervision of driver training management work under their jurisdiction and handle violations within their authority.

3. Implement the construction of examination centers in accordance with regulations.

Article 8. Responsibilities of Ministries with driving schools

1. Direct driving schools to comply with legal regulations.

2. Direct the inspection and supervision of driver training work under their jurisdiction; handle violations within their authority.

Article 9. Responsibilities of the immediate superior administrative agency of driving schools

1. Take investment measures and direct driving schools to maintain and enhance teaching and learning facilities and equipment in accordance with regulations.

2. Appoint managerial staff and direct the recruitment of employees with good moral character, ability, and professional qualifications to perform assigned tasks.

3. Regularly monitor, inspect, and urge driving schools to comply with regulations; promptly handle violations within their authority.

Article 10. Responsibilities of Driving Training Institutions

1. Admit students in accordance with the prescribed age requirements and conduct physical examinations in comparison to the Health Certificate issued by health authorities.

2. Organize new training programs, supplementary training, and license upgrading according to the curriculum and teaching materials issued by the Ministry of Transport; ensure the volume, category, location, and duration of training as stipulated in the Driving License Training Permit.

3. Ensure the quality of training, organize examination and issue Training Certificates in compliance with regulations.

4. Ensure the quantity and standards of instructors.

5. Maintain and enhance teaching facilities and equipment.

6. Implement regular self-inspection systems to guarantee the study time for trainees.

7. Retain complete records of all training courses in accordance with regulations.

8. Implement measures to prevent and address violations in admission, teaching, examination, issuance of Training Certificates, collection, and use of tuition fees.

Article 11. Responsibilities of Driving Examination Centers

1. Maintain and enhance examination facilities, equipment, and devices in compliance with regulations to ensure accurate examination results.

2. Coordinate with training institutions, Examination Boards, and Driving Examination Teams to facilitate convenient and timely driving practice and examination.

3. Ensure safety during driving examinations.

4. Collect and use examination fees in accordance with regulations..

5. Retain complete examination records.

Article 12. Responsibilities of Examination Boards, Driving Examination Teams

1. Organize, inspect, and supervise to ensure that driving examinations are conducted in accordance with regulations.

2. Be responsible for the honesty and objectivity of examiners during examinations; address any violations committed by examiners.

3. Promptly handle examination regulation violations within their authority or report them to competent authorities for handling.

Article 13. The Director of the Vietnam Highway Administration is responsible to the Minister of Transport

1. Manage state affairs in the field of driver training, examination, and issuance of Driver's Licenses nationwide.

2. Take measures to promptly prevent and address violations in the management of driver training, examination, and issuance of Driver's Licenses within their authority.

Article 14. The Head of the Vehicle and Driver Management Department under the Administration is responsible to the Director of the Vietnam Highway Administration.

1. Advise the Director on issuing guidance documents and organizing inspections of driver training, examination, and issuance of Driver's Licenses nationwide.

2. Manage driver training, examination, issuance, and renewal of Driver's Licenses; organize driving examinations for training institutions, Driving Examination Centers, and entities under their jurisdiction in accordance with regulations.

3. Develop programs, organize training, and issue Examiner Certificates for examiners nationwide; directly manage examiners under the Examination Management Department.

4. Perform the functions of the Head of the Examination Management Department.

Article 15. The Director of the Department of Transport (Public Works) is responsible to the Chairman of the People's Committee of the province, centrally-administered city, and the Minister of Transport. people's committees of provinces and centrally governed cities and Ministers of the Ministry of Transport.

1. Manage driver training, examination, and issuance of Driver's Licenses at the local level in accordance with regulations.

2. Take measures to promptly prevent and address violations in the management of driver training, examination, and issuance of Driver's Licenses within their authority.

3. Manage the examiner workforce at the provincial level.

Article 16. The Head of the Vehicle and Driver Management Department (or the Examination Management Board) under the Department of Transport (Public Works) shall be responsible to the Director of the Department.

1. Managing training, examination, issuance, and renewal of driving licenses; organizing driving examinations for training facilities, driving examination centers, and subjects managed by the Department.

2. Organizing inspections of training, examination, and issuance of driving licenses at localities in accordance with regulations.

3. Performing the function of the Head of the Examination Management Board at the Department level.

Article 17. The head of training facilities, driving examination centers shall be responsible to their immediate superiors.

1. Implementing legal provisions regarding training, examination, and issuance of driving licenses.

2. All activities and violations occurring within the unit.

Article 18. The Chairperson of the Examination Board, members of the Examination Board, and the Team Leader of the Driving Examination Team shall be responsible to the authority that established the Examination Board and Team, and to their direct superiors.

1. Implementing internal rules, regulations, and examination procedures.

2. The accuracy, honesty, and objectivity of the examination period.

3. Violations by examination officers during the examination period.

Article 19. Examination officers shall be responsible to the Examination Board, Examination Team, and to the law.

1. Fulfilling assigned tasks in accordance with regulations.

2. The accuracy, honesty, and objectivity of the examination results.

Article 20. Teaching staff must ensure a professional demeanor while teaching and shall be responsible to the head of the unit.

1. Theory teachers must have lesson plans when teaching; update all management records; fulfill the prescribed teaching time according to the content, program, and textbook.

2. Practical instructors, in addition to the responsibilities of theory teachers, must have all necessary documentation for training vehicles; ensure safety during student driving practice.

Article 21. Staff involved in issuing and renewing driving licenses shall be responsible to the head of the unit.

1. Issuing driving licenses in accordance with the quantity and list provided by the Examination Board and Examination Team, ensuring the prescribed timeframe.

2. Renewing driving licenses in accordance with the prescribed criteria, standards, and timeframe.

Article 22. Other individuals engaged in management, training, examination, and issuance of driving licenses shall be responsible to the head of the unit for the results of their assigned work and for their own violations as stipulated by law.

Chapter 3:

PROVISIONS ON VIOLATIONS AND FORMS OF VIOLATION HANDLING

PART A: PROVISIONS ON VIOLATIONS AND FORMS OF HANDLING FOR TRAINING FACILITIES, HEADS, AND INDIVIDUALS IN TRAINING FACILITIES

Article 23. Provisions on violations.

1. Enrolling students who do not meet the criteria.

2. Not having sufficient forms and records for training management.

3. Teachers not meeting the required conditions.

4. Not implementing the prescribed content, curriculum, textbook, and training duration.

5. Conducting training outside the facility, through joint ventures or associations without authorization from competent authorities.

6. Exceeding the permitted number and categories of drivers as specified in the driver training license.

7. Issuing graduation certificates without providing training to students for examination purposes.

8. Deceiving to obtain a driver training license.

9. Seriously violating regulations on collecting and using training fees.

10. Failing to meet the prescribed conditions and standards for driver training facilities.

Article 24. Forms of Handling Violations

1. For training institutions

a. Suspension of admissions and cessation of training for three months when violating any of the provisions set out in Clauses 1, 2, 3, and 4 of Article 23;

b. Suspension of admissions and cessation of training for six months when violating any of the provisions set out in Clauses 5 and 6 of Article 23;

c. Revocation of the Driving License Training Permit when violating any of the provisions set out in Clauses 7, 8, 9, and 10 of Article 23.

2. For the Head of the Training Institution

a. Reprimand when violating Clause 1, 2, and 3 of Article 23;

b. Warning when violating the provision set out in Clause 4 of Article 23;

c. Dismissal from office when violating any of the provisions set out in Clauses 5, 6, 7, 8, 9, and 10 of Article 23;

d. Depending on the nature and severity of the violation, be compelled to resign when: violating two of the clauses or seriously violating one clause stipulated in Article 23.

3. For individuals within the training institution (excluding teachers regulated separately under Section E)

a. Reprimand when violating Clause 1 and 2 of Article 23;

b. Transfer to another position when violating the provision set out in Clause 3 of Article 23;

c. Warning when violating the provision set out in Clause 4 of Article 23;

d. Demotion in rank and transfer to another position when violating any of the provisions set out in Clauses 5, 6, 7, 8, and 9 of Article 23.

đ. Depending on the nature and severity of the violation, be compelled to resign when: violating two of the clauses or seriously violating one clause stipulated in Article 23.

SECTION B: PROVISIONS ON VIOLATIONS AND FORMS OF HANDLING FOR THE CHAIRMAN OF THE EXAMINATION BOARD

Article 25. Provisions on Violations

1. Causing members of the examination board and examiners to be disciplined with a warning.

2. Causing violations to occur when implementing examination rules, regulations, and procedures.

3. Causing safety incidents during examinations.

4. Implementing examination rules, regulations, and procedures incorrectly.

5. Organizing organized violations of examination rules and regulations.

6. Shielding acts of misconduct and corruption.

7. Offering or receiving bribes in any form to distort regulations.

Article 26. Forms of Handling Violations

1. Be reprimanded when violating any of the provisions set out in Clauses 1, 2, and 3 of Article 25.

2. Be warned and not allowed to perform the duty of Chairman of the Examination Board when violating any of the provisions set out in Clauses 4, 5, and 6 of Article 25.

3. Depending on the nature and severity of the violation, be demoted in rank, salary grade, transferred to another position, or compelled to resign when violating the provision set out in Clause 7 of Article 25.

SECTION C: PROVISIONS ON VIOLATIONS AND FORMS OF HANDLING FOR THE HEAD OF THE EXAMINATION TEAM

Article 27. Provisions on Violations

1. Causing examiners to be disciplined with a warning during examinations.

2. Causing accidents during examinations.

3. Causing examiners to violate examination rules, regulations, and procedures.

4. Shielding examiners who violate examination rules, regulations, and procedures.

5. Conducting examinations incorrectly according to examination rules, regulations, and procedures.

6. Accepting or offering bribes in any form to distort regulations.

Article 28. Forms of Handling Violations

1. Be reprimanded when violating any of the provisions set out in Clauses 1, 2, and 3 of Article 27.

2. Be warned and not allowed to perform the duty of Team Leader when violating any of the provisions set out in Clauses 4 and 5 of Article 27.

3. Depending on the nature and severity of the violation, be demoted in rank, salary grade, transferred to another position, or compelled to resign when violating the provision set out in Clause 6 of Article 27.

PART E: PROVISIONS ON VIOLATIONS AND FORMS OF DISCIPLINARY ACTION AGAINST DRIVING INSTRUCTORS

Article 29. Provisions on violations

1. Failing to comply with the assignment of the Examination Team Leader.

2. Performing tasks not assigned arbitrarily.

3. Engaging in personal matters, drinking alcohol or using other prohibited stimulants while on examination duty.

4. Marking exams inaccurately.

5. Taking exams on behalf of candidates or altering their answers.

6. Intentionally marking exams inaccurately.

7. Shielding violations of examination rules and regulations.

8. Causing accidents during examinations due to subjective reasons.

9. Accepting or offering bribes in any form to distort regulations.

Article 30. Forms of disciplinary action for violations

1. Being reprimanded for violating any of the provisions set forth in Clause 1, 2, 3, and 4 of Article 29.

2. Being warned and having the Examiner's Card revoked for violating any of the provisions set forth in Clause 5, 6, 7, and 8 of Article 29.

3. Depending on the nature and severity of the violation, being demoted, having salary grade reduced, transferred to another position, or dismissed for violating the provision set forth in Clause 9 of Article 29.

PART F: PROVISIONS ON VIOLATIONS AND FORMS OF DISCIPLINARY ACTION AGAINST DRIVING INSTRUCTION TEACHERS

Article 31. Provisions on violations

1. Failing to have lesson plans or update management records adequately..

2. Not maintaining appropriate teaching demeanor.

3. Not ensuring sufficient training time, content, and program as prescribed.

4. Causing accidents during practical driving instruction.

5. Offering or accepting bribes in any form to distort regulations.

Article 32. Forms of disciplinary action for violations

1. Being reprimanded for violating any of the provisions set forth in Clause 1 and 2 of Article 31.

2. Being warned for violating any of the provisions set forth in Clause 3 and 4 of Article 31.

3. Depending on the nature and severity of the violation, being demoted, having salary grade reduced, transferred to another position, or dismissed for violating the provision set forth in Clause 5 of Article 31.

PART J: PROVISIONS ON VIOLATIONS AND FORMS OF DISCIPLINARY ACTION AGAINST STAFF RESPONSIBLE FOR ISSUING AND EXCHANGING DRIVER'S LICENSES

Article 33. Provisions on violations

1. Committing errors while issuing or exchanging Driver's Licenses.

2. Causing difficulties or inconvenience for those applying for or exchanging Driver's Licenses.

3. Intentionally causing errors while performing duties related to issuing or exchanging Driver's Licenses.

4. Offering or accepting bribes in any form to distort regulations.

Article 34. Forms of disciplinary action for violations

1. Being reprimanded for violating any of the provisions set forth in Clause 1 and 2 of Article 33.

2. Being warned and transferred to another position for violating the provisions set forth in Clause 3 of Article 33.

3. Depending on the nature and severity of the violation, being demoted, having salary grade reduced, transferred to another position, or dismissed for violating the provisions set forth in Clause 4 of Article 33.

PART K: DISCIPLINARY ACTIONS BY SUPERIOR LEADERS DUE TO RESPONSIBILITY

Article 35. For the Vietnam Highway Administration.

Leaders of the Vietnam Highway Administration and leaders of advisory agencies must concurrently bear indirect responsibility for the mistakes of subordinates related to the areas they oversee.

1. The Director and Deputy Directors may be disciplined from criticism and reprimand up to warning, demotion, reduction in salary grade, or dismissal depending on the degree of violation.

2. Leaders of advisory agencies directly overseeing guidance at the Vietnam Highway Administration: depending on the nature and degree of violation, may be reprimanded, warned, demoted, or dismissed.

Article 36. Regarding the Department of Transport (Public Transport).

1. The Director and Deputy Director of the Department of Transport (Public Transport) shall be disciplined from criticism to warning, demotion in rank or grade, or dismissal depending on the severity of the violation.

2. Leaders of advisory agencies under the Department of Transport (Public Transport) directly supervising and directing shall be reprimanded, warned, demoted in rank or grade, or dismissed depending on the nature and severity of the violation.

Article 37. Regarding the head of the direct superior agency of the training facility:

The head of the direct superior agency of the training facility must bear indirect responsibility for the violations of subordinates related to the assigned directive area depending on the nature and severity of the violation.

1. The head and deputy head of the direct superior agency of the training facility shall be disciplined from criticism or reprimand to warning, demotion in rank or grade, or dismissal depending on the severity of the violation.

2. Leaders of departments involved in driver training work shall be reprimanded, warned, demoted in rank or grade, or dismissed depending on the nature and severity of the violation.

Section K: PRINCIPLES FOR HANDLING REPEAT OFFENSES AND AUTHORITY TO HANDLE VIOLATIONS

Article 38. Handling repeat offenses

Individuals mentioned in Sections A to I who commit repeat offenses within twelve months will be subject to a higher level of punishment.

Article 39. Authority to handle violations

1. The Minister of Transport decides on disciplinary action against the Director and Deputy Director of the Vietnam Highway Administration; Heads of training units under the Ministry.

2. The Chairman of the People's Committee of provinces and centrally governed cities decides on disciplinary action against the Director, Deputy Director of the Department of Transport (Public Works).

3. The Ministers of relevant Ministries and the heads of agencies with driver training facilities decide on disciplinary action against the heads of training units within their authority.

4. The Director of the Vietnam Highway Administration:

a. Decides on disciplinary action against leaders of training units under the Administration; Advisory and operational agencies, Chair of the Council, Team Leader of the examination team, examiners, and other staff under the Administration's management;

b. Proposes the Department of Transport (Public Transport) to decide on disciplinary action against violations by staff and examiners under the Department of Transport (Public Transport)'s management;

c. Revokes the examiner card for examiners who violate;

d. Revokes the Driver Training License for training facilities that violate.

5. The Director of the Department of Transport (Public Transport) decides on disciplinary action against leaders of training units under the Department; Advisory and operational agencies, Chair of the Council, Team Leader of the examination team, examiners, and other staff under management.

6. The decision-making process shall be carried out in accordance with current laws.

Chapter 4:

IMPLEMENTATION

Article 40. The Chairman of the People's Committee of provinces and centrally governed cities, the Ministers of relevant Ministries (related to driver training), the Director of the Vietnam Highway Administration, the Director of the Department of Transport (Public Transport), and the heads of agencies and units concerned have the responsibility to disseminate this regulation to subordinate units for implementation.

Article 41. The Director of the Vietnam Highway Administration, the Inspector General of the Ministry of Transport, the Head of the Cadre Organization and Labor Department, the Head of the Legal Affairs and Transport Department, and the Director of the Department of Transport (Public Transport) have the responsibility to inspect and organize the implementation of this Regulation.

During the implementation process, if there are difficulties, organizations and individuals should promptly report in writing to the Ministry of Transport for supplementation and amendment.