Decree No. 70/2022/ND-CP Amending and supplementing certain articles of decrees related to business operations in the road sector.

DECREE

Amending and supplementing certain articles of Decrees related to business activities in the road sector

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to the Investment Law dated June 17, 2020;

At the proposal of the Minister of Transport;

The Government promulgates this Decree amending and supplementing certain articles of Decrees related to business activities in the road sector.

Article 1. Amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure (which has been amended and supplemented by certain articles in Decree No. 100/2013/NĐ-CP dated September 3, 2013, Decree No. 64/2016/NĐ-CP dated July 1, 2016, Decree No. 125/2018/NĐ-CP dated September 19, 2018, and Decree No. 117/2021/NĐ-CP dated December 22, 2021).

1. Amending and supplementing Clause 1 Article 12b (supplemented at Clause 2 Article 1 of Decree No. 64/2016/NĐ-CP dated July 1, 2016; amended and supplemented at Point b Clause 2 Article 1 of Decree No. 125/2018/NĐ-CP dated September 19, 2018) as follows:

"1. The application dossier for approval of training institutions shall be compiled into one set, including:

a) A letter requesting approval of a training institution for traffic safety inspectors according to the model prescribed in Appendix VI attached hereto;

b) A list of facilities;

c) A list of lecturers, including information about their professional qualifications and practical experience in their profession."

2. Amending and supplementing Clause 2, Clause 3 Article 12b (supplemented at Clause 2 Article 1 of Decree No. 64/2016/NĐ-CP dated July 1, 2016) as follows:

a) Amending Clause 2 as follows:

"2. In case the Approval Certificate for a training institution for traffic safety inspectors is lost or damaged, the training institution shall send a letter to the Vietnam Highway Administration requesting issuance of a new Approval Certificate for a training institution for traffic safety inspectors according to the model prescribed in Appendix VII attached hereto."

b) Amend and supplement Clause 3 as follows:

"3. Procedures and methods for implementing the approval procedures for training institutions and the reissuance of the Approval Certificate for training institutions:

a) Organizations and individuals wishing to submit applications may do so directly, through the postal service system, or through the online public service system to the Vietnam Highway Administration;

b) The Vietnam Highway Administration shall receive and examine the application dossier:

For direct submission: After examining the components of the application dossier, if it complies with regulations, the dossier will be accepted immediately; if it does not comply with regulations, the organization or individual submitting the dossier will be directly guided to complete the dossier;

For submission through the postal service system: If the dossier is incomplete according to regulations, within the latest two working days from the date of receipt of the dossier, a written guidance must be issued to the organization or individual who submitted the dossier to complete the dossier;

For submission through the online public service system: If the dossier is incomplete according to regulations, within the latest two working days from the date of declaration and submission of the dossier by the organization or individual, a written guidance must be issued to the organization or individual who submitted the dossier to complete the dossier;

c) The Vietnam Highway Administration shall review the dossier, and if the conditions are met, issue the Approval Certificate or reissue the Approval Certificate for a training institution for traffic safety inspectors. In case the Approval Certificate is not issued or reissued, a written response must be provided with the reasons stated clearly;

d) The issuance of the Approval Certificate for a training institution, or the reissued Approval Certificate for a training institution, shall be carried out at the Vietnam Highway Administration, or through the postal service, or through the online public service system according to the request of the organization or individual."

3. Amending and supplementing Clause 3 Article 12d (supplemented at Clause 2 Article 1 of Decree No. 64/2016/NĐ-CP dated July 1, 2016) as follows:

"3. Procedures and methods for implementing the certificate issuance procedures:

a) Training institutions wishing to submit applications may do so directly, through the postal service system, or through the online public service system to the Vietnam Highway Administration;

b) The Vietnam Highway Administration shall receive and examine the application dossier:

For direct submission: After examining the components of the application dossier, if it complies with regulations, the dossier will be accepted immediately; if it does not comply with regulations, the training institution submitting the dossier will be directly guided to complete the dossier;

For submission through the postal service system: If the dossier is incomplete according to regulations, within the latest two working days from the date of receipt of the dossier, a written guidance must be issued to the training institution that submitted the dossier to complete the dossier;

For submission through the online public service system: If the dossier is incomplete according to regulations, within the latest two working days from the date of declaration and submission of the dossier by the training institution, a written guidance must be issued to the training institution that submitted the dossier to complete the dossier;

c) The Vietnam Highway Administration shall review the dossier, and if the conditions are met, issue certificates to each trainee (who has passed the examination) listed in the report of the training institution; in case certificates are not issued, a written response must be provided with the reasons stated clearly;

d) The issuance of certificates shall be carried out at the Vietnam Highway Administration or through the postal service according to the request of the training institution."

4. Amending and supplementing Clause 3 Article 12đ (supplemented at Clause 2 Article 1 of Decree No. 64/2016/NĐ-CP dated July 1, 2016) as follows:

"3. Procedures and methods for implementing the procedures for issuing replacement certificates:

a) Individuals wishing to submit applications may do so directly, through the postal service system, or through the online public service system to the Vietnam Highway Administration;

b) The Vietnam Highway Administration shall receive and examine the application dossier:

For direct submission: After examining the components of the application dossier, if it complies with regulations, the dossier will be accepted immediately; if it does not comply with regulations, the individual submitting the dossier will be directly guided to complete the dossier;

For submission through the postal service system: If the dossier is incomplete according to regulations, within the latest two working days from the date of receipt of the dossier, a written guidance must be issued to the individual who submitted the dossier to complete the dossier;

For submission through the online public service system: If the dossier is incomplete according to regulations, within the latest two working days from the date of declaration and submission of the dossier by the individual, a written guidance must be issued to the individual who submitted the dossier to complete the dossier;

c) The Vietnam Highway Administration shall review the dossier, and if the conditions are met, issue replacement certificates; in case replacement certificates are not issued, a written response must be provided with the reasons stated clearly;

d) The issuance of replacement certificates shall be carried out at the Vietnam Highway Administration or through the postal system upon request of individuals with such needs.”

5. Amend and supplement Clause 2, Clause 3 Article 12e (supplemented by Clause 2 Article 1 Decree No. 64/2016/NĐ-CP dated July 1, 2016) as follows:

a) Amending Clause 2 as follows:

“2. The application dossier for issuing a replacement certificate consists of one set comprising the Application Form for Issuing a Replacement Certificate as prescribed in Appendix IV attached to this Decree.”

b) Amend and supplement Clause 3 as follows:

“3. Procedures and methods for issuing replacement certificates:

a) Individuals wishing to submit applications may do so directly, through the postal service system, or through the online public service system to the Vietnam Highway Administration;

b) The Vietnam Highway Administration shall receive and examine the application dossier:

In case of direct submission: After reviewing the dossier, if it meets the requirements, the dossier will be accepted immediately; if it does not meet the requirements, the person submitting the dossier will be directly guided to complete the dossier;

For submission through the postal service system: If the dossier is incomplete according to regulations, within the latest two working days from the date of receipt of the dossier, a written guidance must be issued to the individual who submitted the dossier to complete the dossier;

For submission through the online public service system: If the dossier is incomplete according to regulations, within the latest two working days from the date of declaration and submission of the dossier by the individual, a written guidance must be issued to the individual who submitted the dossier to complete the dossier;

c) The Vietnam Highway Administration will review the dossier; if the conditions are met, issue a replacement certificate; if a replacement certificate is not issued, a written response must be provided with clear reasons stated;

d) The issuance of replacement certificates shall be carried out at the Vietnam Highway Administration or through the postal system upon request of individuals with such needs.”

6. Amend and supplement Appendices (supplemented by Clause 3 Article 2 Decree No. 64/2016/NĐ-CP dated July 1, 2016) as follows:

a) Amend and supplement Appendix I with Appendix I attached to this Decree;

b) Amend and supplement Appendix II with Appendix II attached to this Decree;

c) Amend and supplement Appendix III with Appendix III attached to this Decree;

d) Amend and supplement Appendix IV with Appendix IV attached to this Decree;

đ) Amend and supplement Appendix V with Appendix V attached to this Decree;

e) Amend and supplement Appendix VI with Appendix VI attached to this Decree;

g) Amend and supplement Appendix VII with Appendix VII attached to this Decree.

7. Replace the phrase "Vietnam Highway Administration" with the phrase "Vietnam Highway Administration" at:

a) Clause 1 Article 12 (amended by Clause 1 Article 1 Decree No. 64/2016/NĐ-CP dated July 1, 2016);

b) Clause 5 Article 12b (supplemented by Clause 2 Article 1 Decree No. 64/2016/NĐ-CP dated July 1, 2016);

c) Clause 1, Clause 5 Article 12d (supplemented by Clause 2 Article 1 Decree No. 64/2016/NĐ-CP dated July 1, 2016);

Point a Clause 2 Article 25.

8. Replace the phrase "Vietnam Highway Administration" with the phrase "Vietnam Highway Administration, Vietnam Expressway Administration" at Clause 4 Article 45.

1. Replace the phrase "Vietnam Highway Administration" with the phrase "Vietnam Highway Administration" in Articles:

a) Article 10, Article 11, Article 12, Article 13, Article 14, Article 19, Article 20, Article 21, Article 23 and Article 26 of Decree No. 65/2016/NĐ-CP dated July 1, 2016;

b) Article 8 and Article 9 of Decree No. 65/2016/NĐ-CP dated July 1, 2016 (amended by Clause 5, Point b Clause 6 Article 1 Decree No. 138/2018/NĐ-CP dated October 8, 2018).

2. Amend and supplement Point a Clause 2 Article 6 (amended by Point b Clause 2 Article 1 Decree No. 138/2018/NĐ-CP dated October 8, 2018) as follows:

“a) Possess training vehicles of various categories under the lawful use of the driving training institution; obtain a permit for training vehicles from the competent authority; in cases where the training institution provides driving examination services, based on the time used for examinations, permission is granted to use examination vehicles for both examinations and training, but the number of examination vehicles used for training purposes shall not exceed 50% of the total number of examination vehicles used for training.”

3. Repeal the provision at Point b Clause 2 Article 6.

Article 3. Implementation Provisions

1. This Decree takes effect from November 1, 2022.

2. This Decree abolishes the provision at Point b Clause 2 Article 1 Decree No. 138/2018/NĐ-CP dated October 8, 2018 of the Government amending and supplementing some articles of Decree No. 65/2016/NĐ-CP dated July 1, 2016 of the Government on business conditions for driving training institutions and driving examination services.

3. Transitional Provisions

a) In cases where the administrative procedure dossier related to the operation of driving training institutions for traffic safety inspectors has been submitted to the Vietnam Highway Administration in accordance with regulations before the effective date of this Decree, the procedures shall continue to be implemented according to Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure (amended and supplemented by some articles in Decree No. 100/2013/NĐ-CP dated September 3, 2013, Decree No. 64/2016/NĐ-CP dated July 1, 2016, Decree No. 125/2018/NĐ-CP dated September 19, 2018, Decree No. 117/2021/NĐ-CP dated December 22, 2021);

b) Certificates of approval for driving training institutions for traffic safety inspectors and Certificates of traffic safety inspectors issued by the Vietnam Highway Administration before the effective date of this Decree shall continue to be valid until their expiration dates as indicated on the certificates;

4. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairmen of provincial people's committees under the central government, and relevant organizations and individuals are responsible for implementing this Decree./.