Decision No. 72/2005/QĐ-BGTVT Issuing the Regulation on Management, Examination, Issuance of Motor Vehicle Driver's Licenses for Road Traffic

DECISION OF THE MINISTER OF TRANSPORT

Issuing the Examination and Licensing Regulations for Motor Vehicle Driver's Licenses on Roadways

issue a motor vehicle driver's license for road use

 

THE MINISTER OF TRANSPORTATION

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

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

Based on the proposal of the Director of the Vietnam Highway Administration, the Head of the Legal Department, and the Head of the Cadre Organization Department,

 

DECISION:

 

Article 1. This Decision promulgates the "Examination and Licensing Regulations for Motor Vehicle Driver's Licenses on Roadways."

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 4352/2001/QĐ-BGTVT dated December 18, 2001 issued by the Minister of Transport.

Article 3. The Heads of the Office, Inspectorate, Departments, Vietnam Highway Administration, Directors of Provincial Departments of Transport and Public Works, and Heads of relevant agencies and units are responsible for implementing this Decision.

 

REGULATIONS

 

MANAGEMENT OF EXAMINATIONS AND LICENSES FOR MOTOR VEHICLE DRIVER'S LICENSES ON ROADWAYS

ISSUE A MOTOR VEHICLE DRIVER'S LICENSE FOR ROAD USE

(Annexed to Decision No. 72/2005/QĐ-BGTVT dated December 28, 2005)

of the Ministry of Transport)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These regulations govern the management of examinations and issuance of motor vehicle driver's licenses on roadways (hereinafter referred to as SHCGPLX).

Article 2. Applicability

Article 1. These regulations apply to organizations and individuals related to the management, examination, issuance, and use of motor vehicle driver's licenses on roadways (hereinafter referred to as GPLX).

Article 2. These regulations do not apply to the management of examinations and issuance of driver's licenses for public security and defense forces.

Article 3. Explanation of Terms

In this Regulation, the following terms shall be understood as follows:

Clause 1. Motor vehicles on roadways (hereinafter referred to as motor vehicles) are types of vehicles that move on roads using the power of engines driven by people, including:

Point a) Two (2) or three (3)-wheeled motorcycles, motorbikes, motorized cyclos, three-wheeled lam cars;

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

Point c) Wheeled tractors and wheeled crane vehicles self-propelled on roads.

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

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

Clause 4. A professional driver is a person who earns a living through driving.

Clause 5. An amateur 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

Clause 1. Category A1 is granted to drivers to operate two-wheeled motorcycles with engine displacement from 50 cm³ to less than 175 cm³.

Clause 2. Category A2 is granted to drivers according to criteria defined by the Prime Minister to operate two-wheeled motorcycles with engine displacement from 175 cm³ and above, and all types of vehicles covered under Category A1.

Clause 3. Category A3 is granted to drivers to operate three-wheeled motorcycles, including three-wheeled lam cars, motorized cyclos, and all types of vehicles covered under Category A1.

Clause 4. Category A4 is granted to drivers to operate wheeled tractors with a carrying capacity up to 1000 kg.

Clause 5. Category B1 is granted to non-professional drivers to operate the following types of vehicles:

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

Point b) Trucks, including specialized trucks with a design load capacity below 3500 kg;

Point c) Tractors towing one trailer with a design load capacity below 3500 kg;

Clause 6. Category B2 is granted to professional drivers to operate the following types of vehicles:

Point a) All types of vehicles covered under Category B1;

Point b) Wheeled cranes with a design lifting capacity below 3500 kg;

Clause 7. Category C is granted to professional drivers to operate the following types of vehicles:

Point a) Trucks, including specialized trucks with a design load capacity of 3500 kg or more;

Point b) Tractor-trailers, wheeled tractors towing one trailer or semi-trailer with a design load capacity of 3500 kg or more;

Point c) Wheeled cranes with a design lifting capacity of 3500 kg or more;

Point d) All types of vehicles covered under Categories B1, B2.

Clause 8. Category D is granted to professional drivers to operate the following types of vehicles:

Point a) Passenger buses with ten to thirty seats, including the driver's seat;

Point b) All types of vehicles covered under Categories B1, B2, and C.

Clause 9. Category E is granted to professional drivers to operate the following types of vehicles:

Point a) Passenger buses with more than thirty seats, including the driver's seat;

Point b) All types of vehicles covered under Categories B1, B2, C, and D.

Clause 10. Category F is granted to persons holding Categories B1, B2, C, D, and E driver's licenses to operate corresponding vehicles towing trailers with a design load capacity greater than 750 kg, specifically as follows:

Point a) Category F_B2 is granted to drivers holding a Category B2 driver's license who tow trailers and operate vehicles covered under Categories B1 and B2;

Point b) Category F_C is granted to drivers holding a Category C driver's license who tow trailers and operate vehicles covered under Categories B1, B2, C, and F_B2;

Point c) Category F_D is granted to drivers holding a Category D driver's license who tow trailers and operate vehicles covered under Categories B1, B2, C, F_B2 and F_C;

Point d) Category F_E is granted to drivers holding a Category E driver's license who tow trailers and operate vehicles covered under Categories B1, B2, C, D, F_B2, F_C and F_D.

Clause 11. Persons holding Categories B1, B2, C, D, and E driver's licenses may tow additional trailers with a design load capacity not exceeding 750 kg when operating corresponding vehicles.

Clause 12. Driver's licenses issued to operators of specialized motor vehicles participating in road traffic have specific provisions.

Article 5. Validity period of driving licenses

1. Category A1, A2, A3: No validity period.

2. Category B1: Valid for five years from the date of issuance.

3. Category A4, B2, C, D, E and category F: Valid for three years from the date of issuance.

CHAPTER III

DRIVING LICENSE EXAMINATION

Article 6. Content and procedure of driving license examination

1. The examination to issue automobile driving licenses must be conducted at Driving Examination Centers (hereinafter referred to as Examination Centers).

2. The content of the driving license examination 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 license examinations shall be carried out according to the following procedures:

a) Theory examination;

b) Practical driving examination in simulated traffic conditions;

c) Practical driving examination on public roads.

4. The Vietnam Highway Department shall provide detailed guidance on the content and procedures of driving license examinations and organize their implementation uniformly nationwide.

Article 7. Driving License Examination Centers

1. Driving Examination Centers shall be constructed in accordance with the prescribed standards and classified as follows:

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

b) Type 2 Examination Center: Conducts examinations up to Category C driving licenses;

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

2. The Vietnam Highway Department shall take the lead in organizing inspections to confirm that Driving Examination Centers meet the requirements for operation.

3. Responsibilities of Driving Examination Centers:

a) Ensure material resources, equipment, and testing facilities in accordance with regulations to conduct examinations accurately and objectively;

b) Cooperate and create favorable conditions for driving training institutions to bring trainees for review and for examination boards to organize examinations according to plans conveniently;

c) Develop annual revenue and expenditure plans for approval by competent authorities and implement them in accordance with regulations of competent authorities;

d) Provide services supporting the activities of Driving Examination Centers;

đ) Ensure safety during driving license examinations;

e) Maintain examination records in accordance with regulations.

4. Driving Examination Centers shall be connected to information management networks with examination management agencies and driving training institutions.

Article 8. Conditions for taking driving license examinations

1. For first-time candidates:

a) Vietnamese citizens or foreigners permitted to reside or work in Vietnam and confirmed by competent authorities;

b) Age and health status in compliance with Article 55 of the Road Traffic Law;

c) Completion of a driving course at a driving training institution (for automobile driving license examinations) in accordance with the prescribed program;

d) Submission of complete and valid application documents in accordance with Article 9 of this Regulation.

2. For candidates upgrading their driving licenses:

a) In addition to the conditions stipulated in Clause 1 of this Article, candidates upgrading their driving licenses must have sufficient time in practice and safe driving distance as follows:

- For candidates upgrading from Category B1 to B2, they must have one year of experience and 12,000 kilometers of safe driving;

- For candidates upgrading from Category B2 to C; C to D; D to E and from other categories to F, they must have one year of experience and 25,000 kilometers of safe driving;

- For candidates upgrading across categories (from B2 to D; C to E), they must have two years of experience and 50,000 kilometers of safe driving.

b) Heads of organizations, units shall certify the time in practice and safe driving distance for drivers and bear responsibility for such certification. In cases where the driver is the owner of the vehicle or a family-owned vehicle, there shall be a commitment letter ensuring sufficient time in practice and safe driving distance. For upgrading from Category B1 to B2, the driver shall declare and bear responsibility without needing certification of time in practice and safe driving distance.

3. For candidates who were absent or failed in previous examinations, in addition to the above conditions, they must have a confirmation record from the previous Examination Board or Examination Team. Candidates retaking the examination are entitled to retain their theory examination results once if they have met the requirements.

Article 9. Examination File for Issuing a Driving License

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 in accordance with regulations;

d) Graduation certificate from a training course or supplementary upgrade driving license except for categories A1 and A2;

đ) Confirmation of safe driving time and kilometers for upgrading driving license examination.

2. Re-examination:

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

a) Record confirming the results of the previous examination period for cases where the examination was not successful;

b) Driving license marked twice for cases of traffic law violations;

c) Decision on administrative penalty for cases where the driving license has been marked three times due to traffic law violations.

Article 10. Preparation for Examination Period

The examination management board shall have the following tasks:

1. For the A1 and A2 category driving license examination period:

a) Accepting the list of trainees applying for examination;

b) Reviewing the list of candidates for examination according to Article 8 of this Regulation;

c) Submitting to the Director of Vietnam Road Administration Bureau or the Director of Department of Transport and Traffic Control for approval and issuing a decision to organize the examination period; establishing the Examination Team.

2. For the A3, A4, B1, B2, C, D, E, and F category driving license examination period:

a) Accepting reports on the list of trainees, proposed examination schedule, and notifying the training institution;

b) Reviewing the list of candidates for examination according to Article 8 of this Regulation;

c) Submitting to the Director of Vietnam Road Administration Bureau or the Director of Department of Transport and Traffic Control for approval and issuing a decision to organize the examination period; establishing the Examination Board and Examination Team.

Article 11. Examination Board

1. The Examination Board is established by the Director of Vietnam Road Administration Bureau or the Director of Department of Transport and Traffic Control.

The Examination Board must have at least two-thirds of its members present to conduct work, deciding by majority vote; in case of equal opinions among members of the Board, the decision is made by the Chairman of the Board. At the end of the examination period, the Examination Board will dissolve itself.

2. Composition of the Examination Board includes:

a) Chairman: Representative of the examination management board or a person authorized by the Director of Vietnam Road Administration Bureau or the Director of Department of Transport and Traffic Control.

b) Deputy Chairman:

- Traffic police officer with an examiner card;

- Head of the driving school.

c) Members:

- Director of the examination center;

- Head of the examination team;

- Head of the training department of the driving school (secretary member).

3. Tasks of the Examination Board:

a) Directing inspections and requiring completion of conditions for organizing the examination period;

b) Assigning and scheduling examination times;

c) Publicizing, guiding examination regulations, content, examination fees, driving license issuance fees, and necessary regulations for examiners and candidates;

d) Organizing the examination period according to regulations;

đ) Preparing records of examination rules and regulations within the scope of authority granted and reporting to the competent authority;

e) Summarizing examination results and signing confirmation records;

g) Sending and storing examination period documents at the training institution, examination center, and examination management board.

Article 12. Examination Team

1. Examination Team

a) The Examination Team is established by the Director of Vietnam Road Administration Bureau or the Director of Department of Transport and Traffic Control;

b) The Examination Team is directly under the direction of the Examination Board. The Examination Team for A1 and A2 category driving licenses is directly under the direction of the examination management board;

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

2. Members of the Examination Team include the Team Leader and examiners, who are under the management of Vietnam Road Administration Bureau, Department of Transport and Traffic Control, Examination Center, or Driving School without trainees participating in the examination period.

3. Standards for Examiners:

a) Good moral character;

b) Educational level: High school graduate;

c) Having held a driving license corresponding to the vehicle category being examined for at least two years;

d) Having received training in examination procedures and been issued an examiner card by the Director of Vietnam Road Administration Bureau.

4. Tasks of the Examination Team:

a) Inspecting vehicles, equipment, scoring devices, test sites, security plans, and ensuring traffic safety;

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

c) Examining candidates according to prescribed content and procedures;

d) Recording, handling violations within the scope of assigned duties or reporting to the Examination Board for resolution;

đ) Grading tests, summarizing results, evaluating the examination period to report to the Examination Board or the examination management board (for A1 and A2 category driving licenses) for resolution;

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

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

Article 13. Examination Organization

1. Disseminate internal regulations and relevant contents of the examination period.

2. Conduct examinations according to the examination content and procedures.

3. Hand over all examination files and results records to the Examination Management Board.

Article 14. Recognition of Examination Results

The Director of the Vietnam Road Administration or the Director of the Department of Transport and Works issues a decision to recognize successful candidates in the examination period.

Chapter IV

LICENSE MANAGEMENT AND ISSUE

Article 15. Sample Driving License

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

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

Article 16. Examination Management, Issuance, and Renewal of Driving Licenses

1. The Vehicle and Driver Management Department of the Vietnam Road Administration performs the functions and tasks of the Examination Management Board at the national level.

2. The Vehicle and Driver Management Department or the department assigned the function of managing vehicles and drivers by the Departments of Transport and Works performs the functions and tasks of the Examination Management Board at the provincial level.

Article 17. Tasks of the National Examination Management Board

1. Study and develop a system of regulatory legal documents on examination and issuance of driving licenses for the Director of the Vietnam Road Administration to submit to competent authorities for promulgation; advise the Director of the Vietnam Road Administration on directing the implementation nationwide.

2. Study systems of forms, ledgers, and specialized seals for business management to serve the organization and management of examination and issuance of driving licenses, submit to competent authorities for signature and promulgation for nationwide application.

3. Organize research on the application of information technology programs in business management and organization of examination and issuance of driving licenses; establish an information network connecting the National Examination Management Board with examination centers and provincial Examination Management Boards.

4. Advise the Director of the Vietnam Road Administration:

a) Directing business operations, guiding, and supervising activities, inspecting equipment, means, facilities, and infrastructure of examination centers in accordance with regulations;

b) Guiding and inspecting business operations of provincial Examination Management Boards;

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

d) Organizing examinations for students studying at driving schools managed by the Ministry of Transport through the Vietnam Road Administration;

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

5. Issue and renew driving licenses for drivers of central agencies of the Party, State, mass organizations, and international and diplomatic organizations located in Hanoi.

6. Perform other tasks related to examination and issuance of driving licenses assigned by the Director of the Vietnam Road Administration.

Article 18. Tasks of Provincial Examination Management Boards

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

a) Implementing regulations and guidance on examination and issuance of driving licenses issued by the Ministry of Transport and the Vietnam Road Administration;

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

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

d) Implementing information networking with examination centers and the Vietnam Road Administration;

đ) Organizing examinations for students studying at driving schools managed by the Department. In cases where examinations are organized at examination centers not directly under its management, the provincial Examination Management Board and the driving school examination center will have plans based on established planning guidelines to organize appropriate examinations.

2. Issue and renew driving licenses for drivers under local management, except for those specified in Clause 5 of Article 17 of this Regulation.

3. Perform other tasks related to examination and issuance of driving licenses assigned by the Director of the Department of Transport and Works.

Article 19. Use of Driver's License

1. The holder of a Driver's License may only drive the type of vehicle specified on the Driver's License.

2. The Driver's License must be carried by the holder when driving.

3. The Driver's License may be temporarily or permanently revoked according to the regulations of the Government.

4. Non-professional holders of a Driver's License who wish to drive professionally or those wishing to upgrade their Driver's License must attend supplementary courses and examinations to obtain a new Driver's License.

5. Foreigners or Vietnamese residents abroad holding a Driver's License not issued by Vietnam, if they need to drive in Vietnam, must apply for a corresponding Vietnamese Driver's License. In cases where international agreements on Driver's Licenses to which Vietnam is a member provide different provisions, such provisions shall be applied.

6. Driver's Licenses of categories A1, A2 issued by the police before August 1, 1995, and driving licenses and driver's licenses issued by the transport authorities that are still valid can continue to be used within the validity period indicated on the Driver's License or driving license.

7. Those who falsely report loss or alter information on the Driver's License, or engage in other deliberate fraudulent acts during the process of applying for renewal or replacement of the Driver's License, will have their Driver's License and driving record revoked upon discovery by the Driver's License management authority.

8. When a Driver's License holder transfers from one centrally-administered province or city to another, the Driver's License issuing authority at the new location shall process the registration for monitoring and management. The transferred Driver's License can continue to be used within the prescribed validity period.

Article 20. Issuance of New Driver's License

1. Based on the Decision recognizing successful candidates, the Director of the National Traffic Safety Committee, the Director of the Department of Transport, and the relevant agencies issue Driver's Licenses to successful candidates.

2. The issuance of Driver's Licenses shall not exceed 15 days from the date of the decision recognizing successful candidates.

Article 21. Renewal of Driver's License

1. Within 30 days before the expiration of the Driver's License, the holder who wishes to continue using it must submit an application for renewal along with a health certificate issued by a qualified medical facility, to the competent authority for renewal of the Driver's License.

2. Holders whose Driver's Licenses have expired but not more than one month since the expiration date, with complete original documents, are eligible for renewal.

3. Holders whose Driver's Licenses are damaged but not marked with traffic law violations, with complete original documents, are eligible for renewal.

4. The renewal of Driver's Licenses shall not take longer than seven working days from the date all valid documents are received. When renewing a Driver's License, the Driver's License issuing authority must cut a corner off the old Driver's License.

Article 22. Reissuance of Driver's License

1. Holders whose Driver's Licenses have expired for more than one month but not more than six months since the expiration date, with complete original documents, are eligible to retake the theoretical examination to obtain a new Driver's License.

2. Holders whose Driver's Licenses have expired for more than six months since the expiration date, with complete original documents, are eligible to retake both the theoretical and practical driving examinations to obtain a new Driver's License without having to attend training programs.

3. Driver's Licenses marked with two traffic law violations must retake the theoretical examination when due for renewal. Driver's Licenses marked with three traffic law violations lose their validity. Drivers must retake both the theoretical and practical examinations to obtain a reissued Driver's License.

4. Driver's Licenses that are damaged and marked with one traffic law violation must retake the theoretical examination to obtain a reissued Driver's License.

5. Driver's Licenses that are damaged and marked with two traffic law violations must retake both the theoretical and practical examinations to obtain a reissued Driver's License.

6. Driver's Licenses that are lost, still within their validity period, with complete original documents, not marked or marked with one traffic law violation, if lost due to natural disasters such as typhoons, floods, earthquakes, or fires, confirmed by local authorities; or stolen or robbed, with a police report filed at the time of the incident, and not currently being held or processed by competent authorities, are eligible for reissue.

Driver's Licenses that are lost, still within their validity period, with complete original documents, not marked or marked with one traffic law violation, if lost under circumstances other than those mentioned above, not currently being held or processed by competent authorities, are eligible to retake the theoretical examination to obtain a reissued Driver's License two months after submitting all valid documents.

7. Driver's Licenses that are still within their validity period, with complete original documents, marked with two traffic law violations, if lost due to natural disasters such as typhoons, floods, earthquakes, or fires, confirmed by local authorities; or stolen or robbed, with a police report filed at the time of the incident, and not currently being held or processed by competent authorities, are eligible to retake the theoretical examination to obtain a reissued Driver's License.

Driver's Licenses that are still within their validity period, with complete original documents, marked with two traffic law violations, if lost under circumstances other than those mentioned above, not currently being held or processed by competent authorities, are eligible to retake both the theoretical and practical examinations to obtain a reissued Driver's License two months after submitting all valid documents.

8. Driver's Licenses that are overdue and lost, with complete original documents, not currently being held or processed by competent authorities, are eligible to retake both the theoretical and practical examinations to obtain a reissued Driver's License two months after submitting all valid documents.

9. The timeframe for reissuing a Driver's License follows the same procedure as issuing a new one. When reissuing a Driver's License, the Driver's License issuing authority must cut a corner off the old Driver's License.

Chapter V

IMPLEMENTATION

Article 23. Report on the examination and issuance of driving licenses

Annually, in January and July, the Departments of Transport and Urban Traffic Management shall summarize their work on the examination and issuance of driving licenses at the local level and submit reports to the National Traffic Safety Committee for consolidation and reporting to the Ministry.

Article 24. Guidance on Implementation

1. The Director of the National Traffic Safety Committee shall be responsible for guiding the implementation of this Regulation.

2. The Director of the National Traffic Safety Committee and the Directors of the Departments of Transport and Urban Traffic Management shall be responsible for directing, guiding the organization, and regularly inspecting activities related to the examination and issuance of driving licenses within their assigned scope./.