Decision No. 54/2007/QĐ-BGTVT Issuing the Regulation on Management, Examination, Issuance of Motor Vehicle Driver's Licenses for Road Traffic

Pursuant to …;

Issuing the Regulation on Management of Driving Tests and Issuance of Motor Vehicle Driver's Licenses for Road Transport

_______________________

MINISTER OF TRANSPORT

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

Pursuant to the Vocational Training Law dated November 29, 2006;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

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

DECISION:

Article 1The accompanying Decision hereby promulgates the Regulation on Management of Driving Tests and Issuance of Motor Vehicle Driver's Licenses for Road Transport.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and revoke Decision No. 72/2005/QĐ-BGTVT dated December 28, 2005 of the Minister of Transport promulgating the Regulation on Management of Driving Tests and Issuance of Motor Vehicle Driver's Licenses for Road Transport.

Article 3The Heads of the Ministry’s Office, Inspectorate, Departments, Vietnam Highway Administration, Directors of Provincial Departments of Transport, Public Works and Transportation, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Decision./.

 

REGULATIONS

Management of Driving Tests and Issuance of Motor Vehicle Driver's Licenses for Road Transport

___________________________
(Accompanying Decision No. 54/2007/QĐ-BGTVT dated November 7, 2007 of the Minister of Transport)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Regulation stipulates the management of driving tests and issuance of motor vehicle driver's licenses for road transport.

Article 2Scope of Application

1. This Regulation applies to organizations and individuals related to the management, testing, issuance, and use of motor vehicle driver's licenses for road transport.

2. This Regulation does not apply to the management of driving tests and issuance of licenses for vehicles used by the Police and Military for security and defense purposes.

Article 3. Definitions

In this Regulation, the following terms are understood as follows:

1. Road motor vehicles (hereinafter referred to as motor vehicles) are types of vehicles moving on roads powered by engines driven by people, including:

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

b) Various types of automobiles including passenger cars, trucks, buses, specialized vehicles, and tractor-trailers;

c) Wheeled tractors and self-propelled wheeled cranes operating on roads.

2. Driver's license is a certificate issued to a person who drives motor vehicles (driver) allowing them to drive one or several types of motor vehicles.

3. Professional driving time is the period during which a person with a driver's license has driven the type of vehicle specified on the driver's license.

4. Professional driver is a person who earns a living through driving.

5. Non-professional driver is a person who does not earn a living through driving.

Chapter II

SYSTEM OF DRIVER'S LICENSES

Article 4. Classification of driver's licenses

1. Class A1 is issued to drivers to operate two-wheeled motorcycles with engine displacement from 50 cm³ to less than 175 cm³³.

2. Class A2 is issued to drivers to operate two-wheeled motorcycles with engine displacement from 175 cm³ and above, and all types of vehicles specified for Class A1 driver's licenses.

3. Class A3 is issued to drivers to operate three-wheeled motorcycles, including three-wheeled lam cars, motorized cyclos, and all types of vehicles specified for Class A1 driver's licenses.

4. Class A4 is issued to drivers to operate wheeled tractors with a gross weight up to 1000 kg.

5. Class B1 is issued to non-professional drivers to operate the following types of vehicles:

a) Passenger cars up to nine seats, including the driver's seat;

b) Trucks, including specialized trucks with a design gross weight under 3500 kg;

c) Wheeled tractors towing a trailer with a design gross weight under 3500 kg.

6. Class B2 is issued to professional drivers to operate the following types of vehicles:

a) All types of vehicles specified for Class B1 driver's licenses;

b) Self-propelled wheeled cranes with a design lifting capacity under 3500 kg.

7. Class C is issued to professional drivers to operate the following types of vehicles:

a) Trucks, including specialized trucks with a design gross weight of 3500 kg or more;

b) Tractor units, wheeled tractors towing a trailer or semi-trailer with a design gross weight of 3500 kg or more;

c) Self-propelled wheeled cranes with a design lifting capacity of 3500 kg or more;

d) All types of vehicles specified for Class B1, B2 driver's licenses.

8. Class D is issued to professional drivers to operate the following types of vehicles:

a) Passenger cars from ten to thirty seats, including the driver's seat;

b) All types of vehicles specified for Class B1, B2, and C driver's licenses.

9. Class E is issued to professional drivers to operate the following types of vehicles:

a) Passenger cars over thirty seats;

b) All types of vehicles specified for Class B1, B2, C, and D driver's licenses.

10. Class F is issued to drivers holding Class B1, B2, C, D, and E driver's licenses to operate the corresponding vehicles towing a trailer with a design gross weight over 750 kg, specifically as follows:

a) Class F_B2 is issued to drivers of automobiles specified in Class B2 driver's licenses towing a trailer and operating all types of vehicles specified for Class B1 and B2 driver's licenses;

b) Class F_C is issued to drivers of automobiles specified in Class C driver's licenses towing a trailer and operating all types of vehicles specified for Class B1, B2, C, and F_B2;

c) Class F_{Domestic air passenger transport service on regular basic economy class} is issued to drivers of automobiles specified in Class D driver's licenses towing a trailer and operating all types of vehicles specified for Class B1, B2, C, F_B2 and Fc;

d) Class F_E is issued to drivers of automobiles specified in Class E driver's licenses towing a trailer and operating all types of vehicles specified for Class B1, B2, C, D, F_B2, F_C and F_{Domestic air passenger transport service on regular basic economy class}.

11. Drivers holding Class B1, B2, C, D, and E driver's licenses may tow an additional trailer with a design gross weight not exceeding 750 kg when operating the corresponding vehicles.

12. Certificates of traffic law knowledge training are issued to operators of specialized motor vehicles participating in road traffic according to separate regulations.

Article 5. Validity Period of Driver's Licenses

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

2. Classes A4, B1, B2: Five-year validity period, from the date of issuance.

3. Classes C, D, E, and all types of Class F: Three-year validity period, from the date of issuance.

Chapter III

DRIVING TESTS

Article 6. Content and Procedure of Driving Tests

1. Driving tests for issuing automobile driver's licenses must be conducted at Driving Test Centers (hereinafter referred to as Test Centers). For upgrading driver's licenses of Classes D and E, centralized, periodic tests with strict supervision must be organized.

2. The content of the examination for issuing driving licenses shall be carried out in accordance with Part 2 of Industry Standard No. 22 TCN 286-01 issued together with Decision No. 4392/2001/QĐ-BGTVT dated December 20, 2001 of the Minister of Transport.

3. The organization of driving examinations shall be conducted according to the following procedures:

a) Theoretical examination:

- For categories A2, A3, A4, B1, B2, C, D, E, and F: Conducted on a computer.

- For category A1: Conducted through paper-based multiple-choice questions or on a computer.

b) Driving examination in a simulated environment:

- For categories B1, B2, C, D, E: Conducted at an examination center equipped with automatic scoring devices without an examiner sitting in the examination vehicle.

- For categories A1, A2, and F: Conducted at an examination center or examination field.

c) On-road driving examination: Applied to categories A3, A4, B1, B2, C, D, E, and F.

4. The Vietnam Highway Department shall guide the implementation of driving examinations in accordance with the regulations.

Article 7. Examination Center for Driving Licenses

1. Examination centers for driving licenses shall be constructed in accordance with the prescribed standards, suitable for planning and classification as follows:

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

b) Type 2 Examination Center: Conducts examinations for driving licenses up to category C.

c) Type 3 Examination Center: Conducts examinations for driving licenses from category A1 to A4.

2. The Vietnam Highway Department shall take the lead in organizing inspections and issuing certificates confirming that examination centers meet the conditions for operation.

a) Certificates confirming that examination centers meet the conditions for operation are valid for a period of five years. Before the certificate expires, the Vietnam Highway Department shall organize inspections according to the standards of the examination center to issue new certificates.

b) During the period of operation, the Vietnam Highway Department shall conduct surprise or regular inspections to ensure the accuracy of automatic scoring devices; if necessary, operations may be temporarily suspended for rectification; inspect examination sessions at examination centers, handle or report violations to competent authorities for handling in accordance with current regulations.

3. Responsibilities of Examination Centers:

a) Ensure material resources, equipment, and automatic scoring devices as prescribed to conduct examination sessions accurately and objectively; report to specialized management agencies and the Vietnam Highway Department when examination equipment and devices malfunction, become unstable, or when changes occur in examination equipment and devices to address issues promptly.

b) Cooperate and create favorable conditions for training institutions to bring trainees for review and practice, and for examination boards to conduct examinations according to plans and convenience.

c) Comply with and cooperate with competent authorities in conducting inspections and standardization according to the standards of driving license examination centers.

d) Develop annual revenue and expenditure plans for approval by authorized bodies and implement them in accordance with regulations.

đ) Provide services supporting the activities of examination centers; publicly disclose examination fees and prices for other services.

e) Ensure safety during driving license examination sessions; coordinate with relevant units and agencies to resolve incidents when they occur.

g) Retain examination records as prescribed.

4. Examination centers shall be connected to information management systems with examination management agencies and driving training institutions.

Conditions for taking driving license examinations

Article 8. Article 1. For first-time examinees:

a) Have completed a driving course at a training institution (for automobile driving license examinations) in accordance with the prescribed program;

b) Possess complete and valid documentation as stipulated in Article 9 of this Regulation;

c) Pay the prescribed examination fee;

d) Be listed in the examination request list of the training institution.

2. For those seeking to upgrade their driving license categories:

a) Meet the conditions specified in Clause 1 of this Article;

b) Hold a confirmation of driving time and safe kilometers driven based on the current driving license; the head of the agency, organization, or unit confirms the working time and safe kilometers driven for the driver and is responsible for the confirmation. In cases where the driver is the owner of the vehicle or a family-owned vehicle, there must be a commitment to ensure sufficient working time and safe kilometers driven. For upgrading from category B1 to B2 driving licenses, the driver self-declares and bears legal responsibility for the driving time and safe kilometers driven.

3. For candidates who were absent or failed in previous examination sessions, in addition to the above conditions, they must have a record of results confirmed by the previous examination board. Candidates retaking the examination are entitled to retain one attempt for theoretical examination and driving simulation examination sections that they have already passed.

Examination Application Documents for Issuing Driving Licenses

Article 9. 1. First-time examination:

a) Application for driving license examination;

b) Copy of Identity Card or Passport;

c) Health certificate issued by a competent medical facility as prescribed;

d) Vocational certificate or graduation certificate from a training course or upgraded driving license, except for categories A1 and A2 driving licenses;

đ) Confirmation of driving time and safe kilometers driven for upgrading driving licenses.

2. Re-examination:

In addition to the documents prescribed in Clause 1 of this Article, the following must be supplemented:

a) Record of results from the previous examination session for unsuccessful candidates;

b) Decision revoking the right to use the driving license (or recovery of the driving license) and original documents.

Preparation for Examination Sessions

Article 10. The examination management body has the following responsibilities:

1. For category A1, A2 examination sessions:

a) Receive lists of trainees requesting examinations;

b) Review the list of candidates for the examination in accordance with Article 8 of this Regulation;

c) Submit to the Director of the Vietnam Highway Department or the Director of the Department of Transport, Department of Public Works for approval and issue a decision to organize the examination session; establish an examination team.

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

a) Receive reports on lists of trainees, proposed examination schedules, and notify the training institution;

b) Review the list of candidates for the examination in accordance with Article 8 of this Regulation;

b) Review the list of candidates for examination in accordance with Article 8 of this Regulation;

c) Submit to the Director of the Vietnam Highway Administration or the Director of the Department of Transport for approval and issuance of a decision organizing the examination period; establish the Examination Board and the Examination Team.

Article 11. Examination Board

1. The Examination Board shall be established by the Director of the Vietnam Highway Administration or the Director of the Department of Transport.

The Examination Board must have at least two-thirds of its members present to conduct business, decisions being made by majority vote; in case of equal opinions among members, the conclusion of the Chairman shall prevail. At the end of the examination period, the Examination Board shall dissolve itself.

2. The composition of the Examination Board includes:

a) Chairman: Representative of the Examination Management Board or a person authorized by the Director of the Vietnam Highway Administration, the Director of the Department of Transport.

b) Deputy Chairman:

- Traffic Police officer holding an Examiner's card (to be implemented upon issuance of a Joint Circular by the Ministry of Transport and the Ministry of Public Security);

- Head of the Driver Training Facility;

c) Members:

- Director of the Examination Center;

- Head of the Examination Team;

- Representative of the Examination Management Board of the Vietnam Highway Administration or the Department of Transport (secretary member).

3. Duties of the Examination Board:

a) Directly supervise and require completion of conditions for organizing the examination period;

b) Assign and schedule examination sessions;

c) Disseminate, guide examination regulations and rules, announce examination fees, issue driving licenses, and necessary provisions to examiners and candidates;

d) Organize examinations according to regulations;

đ) Prepare records for handling violations of examination regulations within the scope of authority granted and report to competent authorities;

e) Require training facilities and candidates to resolve compensation if accidents occur during the examination (if caused by the candidate's fault);

g) Summarize examination results and sign confirmation on the record;

h) Send and store examination-related documents at the training facility, Examination Center, and Examination Management Board.

Article 12. Examination Team

1. Examination Team

a) The Examination Team shall be established by the Director of the Vietnam Highway Administration or the Director of the Department of Transport;

b) The Examination Team operates under direct supervision of the Examination Board. The Examination Team issuing Class A1, A2 driving licenses operates under direct supervision of the Examination Management Board;

c) At the end of the examination period, the Examination Team shall dissolve itself.

2. Members of the Examination Team include: Team Leader and Examiners, who are civil servants of the Vietnam Highway Administration, the Department of Transport.

3. Qualifications of Examiners:

a) Possess good moral character;

b) Educational level: High school graduate;

c) Hold a corresponding driving license for at least three years;

d) Undergo training in examination procedures and be issued an Examiner's card by the Director of the Vietnam Highway Administration.

4. Duties of the Examination Team:

a) Inspect vehicles, equipment, scoring devices, test sites, security plans, and ensure traffic safety;

b) Supervise candidates' compliance with examination regulations and rules;

c) Conduct examinations according to specified content and procedures;

d) Record and handle violations within the scope of duties and authority, or report to the Examination Board for resolution;

đ) Score tests, compile results, evaluate the examination period, and report to the Examination Board or Examination Management Board (for Class A1, A2 license examinations) for resolution;

e) Examiners are directly responsible for scoring results. The Team Leader is responsible for the overall results of the examination period;

g) When performing examination duties, examiners must wear prescribed uniforms.

Article 13. Organization of Examinations

1. Disseminate examination rules and relevant content.

2. Conduct examinations according to specified content and procedures.

3. Transfer all examination files and result records to the Examination Management Board.

Article 14. Supervision of Examination Periods

1. Based on actual circumstances, the Vietnam Highway Administration and Departments of Transport organize regular and surprise inspections of examination periods.

2. Examination supervisors are Traffic Inspectors from the Vietnam Highway Administration's Inspectorate, Departments of Transport's Inspectorates, possessing knowledge of driver training and examination work, having good moral character, honesty, and objectivity. For motorcycle driving license examinations, there are 2 supervisors, and for automobile driving license examinations, there are 3 supervisors, including one team leader.

3. Duties of the Supervision Team

a) Monitor the implementation of examination content and procedures by the Examination Team, ensuring that examinations are conducted properly without human interference affecting examination results at all stages;

b) Supervisors work independently, not interfering with or performing the duties of the Examination Board or Examination Team;

c) Wear inspection uniforms when performing duties.

4. Authority of the Supervision Team

a) When discovering violations, promptly propose that the Examination Board or Examination Team handle them according to regulations;

b) Report to the Director of the Vietnam Highway Administration, the Director of the Department of Transport for consideration and handling.

5. At the end of the examination period, the Supervision Team Leader must submit a written report on supervision results to the Vietnam Highway Administration, Department of Transport.

Article 15. Recognition of Examination Results

The Director of the Vietnam Highway Administration or the Director of the Department of Transport issues a decision recognizing successful candidates in the examination period.

Chapter IV

MANAGEMENT AND ISSUANCE OF DRIVING LICENSES

Article 16. Sample Driving License

1. The Minister of Transport approves the sample driving license.

2. The Vietnam Highway Administration prints, distributes, guides, and manages the use of driving licenses nationwide.

Article 17. Examination Management, Issuance, and Renewal of Driving Licenses

1. The Vehicle and Driver Management Division of the Vietnam Highway Administration performs the functions and responsibilities of the Examination Management Board at the national level.

2. The Vehicle and Driver Management Division or the division assigned management functions of the Departments of Transport perform the functions and responsibilities of the Examination Management Board at the provincial level.

Article 18. Duties of the National Level Examination Management Board

1. Study and develop a system of regulatory legal documents on driving license examination to submit to the Director of the Vietnam Highway Administration for issuance by the competent authority; advise the Director of the Vietnam Highway Administration on directing the implementation nationwide.

2. Study forms, record books, and specialized seals for business management and organization of driving license examinations to submit to the competent authority for signing and issuing for uniform application throughout the country.

3. Organize research on information technology applications in the business management and organization of driving license examinations; establish an information network connecting the Examination Management Board at the Bureau level with examination centers and the Examination Management Board at the Department level.

4. Advise the Director of the Vietnam Highway Administration:

a) Directing business operations, guiding and supervising activities, inspecting and calibrating equipment, means, tools, and facilities of driving license examination centers according to regulations;

b) Guiding and supervising business operations of the Examination Management Board at the Department level;

c) Developing training plans, enhancing skills, and directly managing the examination staff under the Examination Management Board at the Bureau level;

d) Conducting driving license examinations for trainees at driving schools managed by the Vietnam Highway Administration upon assignment by the Ministry of Transport;

đ) Building programs, directing, organizing training sessions, and issuing cards for the examination staff across the country.

5. Organize the issuance and replacement of driving licenses for drivers belonging to central agencies of the Party, State, mass organizations, and international and diplomatic organizations based in Hanoi.

6. Perform other tasks related to driving license examinations assigned by the Director of the Vietnam Highway Administration.

Article 19. Tasks of the Examination Management Board at the Department Level

1. Advise the Director of the Department of Transport, Department of Transport and Public Works on:

a) Implementing regulations of the Ministry of Transport and guidance from the Vietnam Highway Administration on driving license examination operations;

b) Developing plans for training needs, enhancing skills, and directly managing the examination staff under the Examination Management Board at the Department level;

c) Directing the construction and management of activities of examination centers within the locality;

d) Connecting information networks with examination centers and the Vietnam Highway Administration;

đ) Organizing examination periods for trainees at driving schools managed by the Department. In cases where examinations are organized at examination centers not directly managed, the Examination Management Board at the Department level and the driving license examination center will have plans to organize examinations accordingly based on existing planning guidelines.

2. Organize the issuance and replacement of driving licenses for drivers under local management, except for those specified in Clause 5, Article 18 of this Regulation.

3. Perform other tasks related to driving license examinations assigned by the Director of the Department of Transport, Department of Transport and Public Works.

Article 20. Use of Driving Licenses

1. Holders of driving licenses may only drive vehicles of types specified in their driving licenses.

2. Driving licenses must be carried by the holder when driving.

3. Driving licenses may be revoked in accordance with current Government regulations;

4. Non-professional holders of driving licenses wishing to drive professionally or those seeking to upgrade their driving licenses must attend training courses and examinations to obtain new driving licenses.

5. Foreign individuals or Vietnamese residing abroad holding driving licenses not issued by Vietnam, if they wish to drive in Vietnam, must apply for conversion to corresponding Vietnamese driving licenses. If international agreements on driving licenses to which Vietnam is a party provide otherwise, such provisions shall apply.

6. Driving licenses of categories A1, A2 issued by the police before August 1, 1995, and driving licenses issued by the transport sector that are still valid can continue to be used until their expiration date as indicated on the license.

7. Individuals who falsely report loss, alter, or deface information on driving licenses or engage in other deliberate fraudulent acts during the process of applying for license renewal or reissue will have their driving licenses revoked upon discovery by licensing authorities.

8. When drivers with driving licenses transfer from one centrally-administered province or city to another, the licensing authority in the receiving location shall process the registration for monitoring and management. The transferred driving license can continue to be used within its validity period.

Article 21. Issuance of New Driving Licenses

1. Based on the Decision recognizing successful candidates, the Director of the Vietnam Highway Administration, the Director of the Department of Transport, and the Department of Transport and Public Works issue driving licenses to candidates.

2. The time limit for issuing driving licenses shall not exceed ten working days from the date of the decision recognizing successful candidates.

Article 22. Renewal of Driving Licenses

1. Within sixty days prior to the expiration of driving licenses, holders wishing to continue using them must submit an application for renewal along with a health certificate issued by a qualified medical facility.

2. Holders whose driving licenses have expired but not more than one month since the expiration date, with complete original documents, may apply for renewal.

3. Holders whose driving licenses are damaged with complete original documents may apply for renewal.

4. Holders of category E driving licenses aged fifty-five years for males and fifty years for females, who wish to continue driving and meet health requirements, may apply for renewal of driving licenses downgraded to category D or lower.

5. Driving licenses shall be renewed within five working days from the receipt of complete valid documents. When renewing driving licenses, the licensing authority must cut the corner of the old license.

Reissuance of Driving Licenses

Article 23. Reissue the Driver's License

1. A person whose driver's license has expired for more than one month but not more than six months from the date of expiration, who has the original documents, shall be eligible to retake the theory examination to obtain a new driver's license.

2. A person whose driver's license has expired for more than six months from the date of expiration, who has the original documents, shall be eligible to retake both the theory and practical driving examinations to obtain a new driver's license.

3. In case a driver's license is lost but still within its validity period and has the original documents, if it was lost due to natural disasters such as typhoons, floods, earthquakes, or fires, with confirmation from local authorities; or due to robbery, extortion, theft, with clear incident confirmation from the police or the driver's license management authority, and it is not found to be seized or processed by competent authorities, then the issuance of a new driver's license will be considered.

In case a driver's license is lost but still within its validity period and has the original documents, if it was lost outside the aforementioned cases, and it is not found to be seized or processed by competent authorities, after two months from the date of submitting complete valid documents as prescribed, the person shall be eligible to retake the theory examination to obtain a new driver's license.

4. A person whose driver's license has been revoked indefinitely, after one year from the date the competent authority issued the decision to revoke (or confiscate the indefinite driver's license), if they have a need, may retake the Road Traffic Law, driver ethics courses, and upon completion of the course content and submission of complete valid documents as prescribed, and obtaining certification from the training institution, shall be eligible to retake both the theory and practical driving examinations to obtain a new driver's license.

5. In case a driver's license that has exceeded its validity period is lost but still has the original documents, and it is not found to be seized or processed by competent authorities, after two months from the date of submitting complete valid documents as prescribed, the person shall be eligible to retake both the theory and practical driving examinations to obtain a new driver's license.

6. In case a driver's license that has exceeded its validity period is lost and does not have the original documents, but the name appears in the records of the local examination management authority, with confirmation from the training institution where the course was attended, and it is not found to be seized or processed by competent authorities, after twelve months from the date of submitting complete valid documents as prescribed, the person shall be eligible to retake both the theory and practical examinations to obtain a new driver's license.

7. The process of issuing a replacement driver's license shall be carried out as for a new issuance. When issuing a replacement driver's license, the licensing authority must cut a corner off the old driver's license.

Chapter V

IMPLEMENTATION

Article 24. Report on Examination and Issuance of Driver's Licenses

Annually, in January and July, the Departments of Transport and Public Works shall conduct mid-year and year-end reviews of the examination and issuance of driver's licenses in their respective regions, and submit reports to the Vietnam Highway Administration for consolidation and reporting to the Ministry of Transport.

Article 25. Implementation Guidance

1. The Director of the Vietnam Highway Administration is responsible for guiding the implementation of this Regulation.

2. The Director of the Vietnam Highway Administration, the Directors of the Departments of Transport and Public Works are responsible for directing, organizing, and regularly inspecting activities related to the examination and issuance of driver's licenses within their assigned scope./.