Decision No. 55/2007/QĐ-BGTVT Issuing the Regulation on Management of Motor Vehicle Driver Training

Pursuant to …;

Issuing the Regulation on Management of Motor Vehicle Driver Training

______________________

MINISTER OF TRANSPORT

Pursuant to the Road Traffic Law 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, the Head of the Personnel Department,

DECISION:

Article 1. This Decision promulgates the Regulation on Management of Motor Vehicle Driver Training.

Article 2This Decision shall take effect 15 days from the date of publication in the Official Gazette and revoke Decision No. 4353/2001/QĐ-BGTVT dated December 18, 2001 of the Minister of Transport promulgating the Regulation on Management of Motor Vehicle Driver Training.

Article 3The Heads of the Office of the Ministry, the Inspectorate of the Ministry, the Heads of all Departments, the Directors of the Vietnam Highway Administration, the Departments of Transport, the Departments of Transport and Public Works, the Heads of agencies, organizations, and individuals related shall be responsible for implementing this Decision./.

REGULATIONS

Management of Motor Vehicle Driver Training

______________________
(Annexed to Decision No. 55/2007/QĐ-BGTVT dated November 7, 2007 of the Minister of Transport)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Regulation specifies the training institutions and the management agencies for motor vehicle driver training.

Article 2.Applicability

Article 1. This Regulation uniformly applies to agencies managing driver training work, training institutions for motor vehicle drivers, organizations, and individuals related to motor vehicle driver training work throughout the country.

Article 2. This Regulation does not apply to driver training activities of the Police and Military forces engaged in security and defense duties.

Chapter II

TRAINING INSTITUTIONS

Article 3. Training Institution

A training institution is a vocational training establishment established by an authorized agency with the function of training drivers, possessing the technical and professional standards required for a driver training institution as prescribed by the Ministry of Transport.

Article 4. Duties and Powers of the Training Institution

Clause 1. Organize admissions according to the categories of driving licenses permitted to train and ensure the following provisions:

Point a. Conditions stipulated for students regarding age, health, driving experience, and safe driving distance for upgrading driving license categories;

Point b. Sign and terminate training contracts with students according to the category of automobile driving license. The contract must clearly state the content, program, and schedule of training; skills achieved in driving; completion time of the course; tuition fees and payment methods. In addition to the main contents mentioned above, both parties may agree on other relevant matters suitable to actual conditions but must not contravene laws and social ethics;

Point c. Publicize the admission regulations and training management system so that staff, teachers, employees of the training institution, and students are aware and comply with them.

Clause 2. Organize new training and upgrading of driving license categories according to the volume, location, and training categories specified in the driving license training permit; within the timeframe, program, and curriculum as prescribed.

Clause 3. Conduct examinations, issue vocational certificates, and graduation certificates to trainees and retain relevant files and materials related to the training course according to the national vocational training management regulation and the Ministry of Transport's regulations on driver training.

Clause 4. Collect and utilize training tuition fees in accordance with current regulations.

Clause 5. Maintain and continuously focus on enhancing material facilities and equipment serving teaching and learning at the institution to improve the quality of driver training.

Clause 6. Recruitment and management of the teaching staff:

Point a. Ensure the standards prescribed in Clauses 10, 11, and 12 of Article 5 of this Regulation.

Point b. Develop annual plans to provide regular professional development training for the teaching staff.

Clause 7. Register for examination and request the organization of examination sessions according to the regulations of the examination management agency issuing driving licenses.

Clause 8. Fully implement reporting systems as prescribed.

Article 5. Technical and Professional Standards of the Training Institution

Clause 1. General requirements for classroom systems:

Point a. For automobile and tractor training institutions with a carrying capacity up to 1000 kg, there must be sufficient specialized classrooms: Road Traffic Law (which can be taught together with the subject of driver ethics), Automobile Construction, Driving Techniques, Transportation Operations, and these classrooms should be arranged in sequence and concentrated; the practical maintenance and repair classroom should be located in a separate area. The number of classrooms must meet the training volume recorded in the driving license training permit.

Two- and three-wheeled motorcycle training institutions must have a Road Traffic Law classroom;

Point b. Specialized classrooms must ensure a minimum area of 50 square meters for classes not exceeding 35 students;² Point c. Must be naturally lit according to lighting standards, far from noise, ensuring a pedagogical environment.

Clause 2. Road Traffic Law Classroom:

Point a. Must have audio-visual equipment (screens, projectors), road signs, diagrams, and models for teaching traffic situations;

Point b. Computer-based Road Traffic Law classrooms must be separately arranged including: server, printer, and at least 10 computers connected to a network and installed with theoretical study software transferred by the Vietnam Highway Administration. Training institutions with a student volume of 500 or more must have at least 20 computers for students to review theoretical knowledge and must arrange an additional common classroom capable of accommodating at least 100 students.

Clause 3. Automobile Construction Classroom:

Point a. Must have drawings or illustrations of the construction of automobile systems, cutaway engine models, power transmission systems (clutch, gearbox, drive shafts, differential, half-shafts), suspension systems, electrical systems, braking systems, steering systems; disassembled parts of automobiles;

Point b. Must have diagrams or illustrations describing the operating principles of engines, power transmission systems, suspension systems, braking systems, steering systems.

Clause 4. Driving Techniques Classroom:

Point a. Must have automobiles set up safely for hot and cold gear shifting practice;

Point b. Must have illustrations or drawings of basic driving maneuvers (adjusting the driver's seat, driving posture, steering wheel position...);

Point c. Must have audio-visual aids such as models, tapes, projectors, etc., to support teaching.

Clause 5. Transportation Operations Classroom:

Point a. Must have systems of charts and tables to support teaching specialized operations in cargo and passenger transportation;

Point b. Must have illustrations of symbols on cargo packages and hazardous goods emblems.

Clause 6. Practical Maintenance and Repair Classroom:

6. Practical training maintenance and repair classrooms:

a) Having a ventilation and lighting system ensuring safety and hygiene requirements for labor;

b) A floor that is sufficiently strong, flat, does not generate dust, has no cracks, and prevents slipping;

c) Ensuring at least 18 trainees per class, equipped with specialized tools at a minimum ratio of 8-10 people per set, and having a tool storage cabinet;

d) Having major components of automobiles such as: a well-functioning engine assembly, drive system (axle, shafts, universal joints), steering system (steering wheel, steering column, steering mechanism, tie rod and linkage, differential and power steering joint), electrical system (battery, various lights, horn...);

đ) Having disassembly and assembly tables, boards, and chairs for teaching and learning;

7. Teaching management room: having a training program schedule, annual training progress according to regulations, desks and necessary equipment for training managers;

8. Preparation room for teachers: having desks, chairs, cabinets for storing teaching materials and necessary teaching aids;

9. Training and training management materials:

a) Adequate current driving instruction textbooks according to the categories of driver's licenses permitted for training as stipulated by the Ministry of Transport;

b) Having study guides, review materials, examination papers, and reference materials serving teaching and learning;

c) Having record books and forms serving the management of the teaching and learning process according to regulations of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Transport;

d) Theoretical and practical instructors must have complete teacher files (lesson plans, teacher notebooks, prepared lectures, logs of practical driving lessons), and teach according to the training programs issued by the Ministry of Transport;

10. General standards for instructors:

a) Good moral character and ideological qualities;

b) Meeting health requirements;

c) Clear personal history;

d) Holding a teaching qualification certificate;

11. Standards for theoretical instructors: in addition to the standards prescribed in Clause 10 of this Article, they must also meet the following standards:

a) Qualifications: must hold a diploma from a vocational college or higher, in a relevant field corresponding to the assigned subject;

b) Instructors teaching Traffic Law must hold a driver's license for cars. Instructors teaching Driving Techniques must hold a driver's license at least equivalent to the category of driver's license being trained;

12. Standards for practical driving instructors: in addition to the standards prescribed in Clause 10 of this Article, they must also meet the following standards:

a) Must hold a diploma from a vocational college or higher or have high skills;

b) Be on staff or under contract for at least two years with the driving school;

c) Hold a driver's license corresponding to or higher than the category of driver's license being trained, but not lower than Category B2;

d) Instructors assigned to teach Categories B1, B2 must have at least three years of driving experience; those teaching Categories C, D, E, F must have at least five years of driving experience;

đ) Have undergone training in practical driving instruction according to the guidelines of the Vietnam Highway Administration and obtained a certificate as a practical driving instructor;

e) When teaching driving, must wear a badge "Driving Instructor" with name and photo, clearly stating the training institution, the categories of driver's licenses authorized to teach. The badge is issued, managed, and laminated by the head of the driving training institution;

13. Training vehicles:

a) Must have sufficient practice vehicles corresponding to the training capacity recorded in the driving training license;

b) Must be owned by the driving training institution, may lease vehicles for at least one year, and the number of leased vehicles cannot exceed 30% of the number of vehicles of the same category owned by the driving training institution;

c) Must have a certificate of technical safety inspection and environmental protection for motor vehicles;

d) Must have an effective auxiliary braking system;

đ) The cargo compartment must have a roof to protect against rain and sun, and have sturdy seats for students;

e) The name of the training institution and contact phone number must be painted on both sides of the doors or both sides of the body of the vehicle;

g) Must have a training vehicle permit issued by the Department of Transport or the Department of Transport and Public Works when meeting the conditions stipulated in Clause 13 of this Article (except points a and k), with a validity period corresponding to the allowed circulation time of the training vehicle;

h) Cars for training must be fitted with metal "Training" plates with blue background and white letters securely attached to the front and left rear bumpers. The size of the plate is generally 10cm x 25cm for all categories, except for the rear plate which is 35cm x 35cm for Categories C, D, E, F, mounted centrally on the rear panel without overlapping the registration plate position and not affixed to the rear window;

i) Training vehicles for Categories B₁, B₂ shall follow the modernization route as prescribed by the Ministry of Transport and guided by the Vietnam Highway Administration; training vehicles for Categories C, D, and E shall comply with the usage period specified in Decree No. 23/2004/NĐ-CP dated January 13, 2004 of the Government;

k) Three-wheeled motorcycles and tractors up to 1000kg must be fitted with two metal "Training" plates with blue background and white letters on the front and back, with dimensions: 15cm x 20cm for motorcycles, 20cm x 25cm for tractors;

14. Driving practice fields:

a) Under the control of the driving training institution. If it is a contracted field, there must be a long-term contract, the contract duration must match the training license validity period; if shared with another driving training institution, a usage plan from the leasing contract owner must accompany;

b) Minimum area:

For Categories A₁, A_2, A₃ and A₄: 1,000m².

For Category B₁ b) The Law Amending and Supplementing Certain Provisions of Laws on Taxation to be examined and adopted at the 10th Session according to the procedure at one session;₂: 8,000m².

For Categories C, D, E, and F: 14,000m².

Driving training institutions with more than 1,000 trainees must have at least two driving practice fields;

c) Car driving practice fields must have sufficient road signs, enough scenarios for each lesson as per the training program. The sizes of the practice areas must comply with the standards of the Driving Examination Center for each corresponding category;

d) The field surface must have adequate elevation and drainage to prevent waterlogging; lanes and practice areas within the field must be paved with asphalt or concrete, and have clear lane markings;

đ) Must have green space areas and waiting houses for trainees practicing;

15. Driving practice roads:

Public traffic routes selected for driving practice must have all traffic situations (level crossings, wide areas, narrow areas, slopes or mountain passes; road surfaces with good and poor sections; moderate traffic density) suitable for the training program content, recorded in the driving practice vehicle permit by the Department of Transport, Department of Public Works, or Vietnam Highway Administration.

Chapter III

AUTHORITY FOR DRIVER TRAINING MANAGEMENT

Article 6. Authority for driver training management

1. The Vietnam Highway Administration is assigned by the Ministry of Transport to uniformly manage driver training nationwide.

2. The Department of Transport, Department of Public Works are responsible for managing driver training within their respective provinces and centrally-administered cities.

Article 7. Responsibilities of the Vietnam Highway Administration in driver training management

1. Research and develop the content of the training program and teaching materials for driver training, submit to the Ministry of Transport for issuance and guidance on implementation.

2. Develop systems of documents, forms, ledgers for business management to serve driver training management tasks, issue according to authority or submit to the Ministry of Transport for issuance and guidance on implementation.

3. Plan and direct the development of the national driver training facility system.

4. Issue new or renew driver training permits for motor vehicles every five years; adjust the category of training and training volume for motor vehicles over 20% compared to the training permit volume issued to training facilities as stipulated.

5. Guide the content and program of practical driving lessons and conduct training sessions for the national team of practical driving instructors.

6. Guide and inspect the Departments of Transport and Public Works on their driver training management business operations.

7. Manage driver training for training facilities under ministries and sectors assigned by the Ministry of Transport and organize examinations and issue driving licenses.

Article 8. Responsibilities of the Departments of Transport and Public Works in driver training management

1. Coordinate with local vocational training management agencies to manage driver training; be responsible for the quality of driver training at training facilities; organize supervision and inspection of certification issuance and graduation certificates for trainees at training facilities managed by the Department as prescribed.

2. Lead and coordinate with local vocational training management agencies to inspect technical standards and professional qualifications of driver training facilities managed by the Department to propose the Vietnam Highway Administration for review and issuance of driver training permits for motor vehicles.

3. Issue driver training permits for two-wheeled, three-wheeled motorcycles, and tractors up to 1000 kg in weight and adjust the training volume for motor vehicles (in writing) within 20% compared to the training permit volume issued to training facilities managed by the Department as prescribed.

Article 9. Responsibilities of the immediate superior management agency of driver training facilities

1. The immediate superior management agency of driver training facilities is responsible for coordinating with the Vietnam Highway Administration's driver training management agency, Departments of Transport, and Public Works in managing subordinate training facilities.

2. Create conditions for driver training facilities to invest in enhancing infrastructure and equipment for teaching and learning; nurture the instructor team and improve management skills for training; regularly instruct facilities to strictly implement regulations on driver training.

Article 10. Issuance of Driver Training Permits

1. Documents for issuing a new driver training permit for motor vehicles include:

a) A request document from the training facility;

b) A request document from the Department of Transport, Department of Public Works;

c) An approval document from the Vietnam Highway Administration;

d) A report from the training facility including: The establishment decision of the competent authority, technical standards, and professional qualifications of the training facility as stipulated in Article 5 of this Regulation;

đ) Inspection records of the joint inspection team between the Department of Transport, Department of Public Works, and local vocational training management agencies regarding the technical standards and professional qualifications of the driver training facility;

e) An assessment by the inspection team organized by the Vietnam Highway Administration, in coordination with relevant agencies.

2. Documents for reissuing permits and adjusting training volume over 20% include:

a) A request document from the training facility;

b) A request document from the Department of Transport, Department of Public Works;

c) A report from the training facility on training results, technical standards, and professional qualifications of the driver training facility;

d) Inspection records of the inter-agency inspection team between the Department of Transport, Department of Public Works, and local vocational training management agencies regarding the management and implementation of the training program, investment in infrastructure, and reinforcement of the instructor team and training vehicles.

3. Documents for adjusting the category of driver license training include:

a) A request document from the training facility;

b) A request document from the Department of Transport, Department of Public Works;

c) Related vehicle documents including: Vehicle registration, safety and environmental protection inspection certificate, driving practice vehicle permit (photocopies);

d) A list of theoretical and practical driving instructors.

4. Documents for adjusting the training volume for driver training within 20% include:

a) A letter requesting and a report from the training facility on infrastructure investment (classrooms, teaching equipment, driving practice fields, training vehicles) and the instructor team;

b) Inspection records of the Department of Transport, Department of Public Works on management, teaching, implementation of the training program, infrastructure investment, reinforcement of the instructor team, and training vehicles.

5. Documents for issuing a driver training permit for two-wheeled, three-wheeled motorcycles, and tractors up to 1000 kg in weight:

a) A letter requesting and a report from the training facility on training results, infrastructure, instructor team, and training vehicles;

b) Inspection records of the Department of Transport, Department of Public Works on technical standards and professional qualifications of the driver training facility.

6. Training Volume for Driver Training of Motor Vehicles:

a) The training volume for driver training of motor vehicles is the maximum number of students trained simultaneously, determined by the total volume of students studying various categories of vehicles (including both theory and practice) at one time.

b) On the basis of ensuring conditions for classrooms, driving practice fields, teaching staff, and management structure, the training volume for each category of vehicle is calculated as the product of three parameters: the number of vehicles of that category, the number of trainees allowed per corresponding vehicle category, and the ratio between the duration of the training course and the prescribed practical training time for that vehicle category. In cases where the training facility has plans and regulations to increase study hours per day or per week, while ensuring that the additional working hours of instructors during the academic year do not exceed the prescribed limit by the vocational training management authority, and the number of instructors for practical driving training exceeds the number of training vehicles by 1.2 times or more, the aforementioned training volume may be multiplied by the corresponding factor, but not exceeding 1.3.

7. The validity period of the driver training license: five years.

Article 11. Report on driver training work

Annually, in January and July, the Department of Transport, the Department of Transport Infrastructure shall conduct mid-year and year-end reviews of driver training work and report to the Vietnam Highway Corporation for consolidation and reporting to the Ministry of Transport.

Article 12. Inspection and supervision of driver training work

1. The Cadre and Civil Service Affairs Department and the Vietnam Highway Corporation shall carry out inspections of driver training facilities, and handle violations according to the regulations.

2. The Inspectorate of the Ministry shall cooperate with relevant agencies and units to organize inspections of driver training work.

3. The Department of Transport, the Department of Transport Infrastructure shall take the lead and coordinate with relevant agencies to organize inspections and oversight of driver training work at facilities under their management, and handle violations according to the regulations.

4. Inspections and supervision of driver training work must comply with the laws on inspection and supervision. In cases where violations are discovered, the Chief Inspector of the Ministry, the Director of the Vietnam Highway Corporation, and the Directors of the Departments of Transport and Transport Infrastructure shall handle them according to the law.

Chapter IV

IMPLEMENTATION

Article 13. Point b, Clause 14, Article 5 applies to driver training facilities established after this Decision takes effect; existing training facilities with driving practice field areas smaller than those stipulated in this Regulation shall convert within three years.

Article 14. The Vietnam Highway Corporation is responsible for implementing this Regulation.

Article 15. During implementation, if there are any difficulties, agencies, organizations, and individuals shall promptly reflect them to the Vietnam Highway Corporation for consolidation and reporting to the Ministry of Transport for research and necessary adjustments and supplements./.