DECREE

ON AMENDMENTS TO\r\nGOVERNMENT'S DECREE NO. 65/2016/ND-CP DATED JULY 1, 2016 ON REQUIREMENTS FOR\r\nPROVISION OF CAR DRIVER TRAINING AND TESTING SERVICES

Pursuant to the Law on Government Organization\r\ndated June 19, 2015;

Pursuant to the Law on Investment dated November\r\n26, 2014; the Law on the amendments to Article 6 and Appendix 4 on the List of\r\nconditional lines of business of the Law on Investment dated November 22, 2016;

Pursuant to the Law on Road Traffic dated\r\nNovember 13, 2008;

Pursuant to Law on Vocational Education dated\r\nNovember 27, 2014;

At the request of the Minister of Transport;

The Government promulgates a Decree on\r\namendments to Government's Decree No. 65/2016/ND-CP dated July 1, 2016 on\r\nrequirements for provision of car driver training and testing services.

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1. Article 3 shall be amended as follows:

“Article 3. Interpretation of terms

1. “driver training institution” refers to any\r\nvocational education establishment providing car driver training courses.

2. “dual-control car” is a car used to train\r\ndrivers, fitted with 2 signs “TẬP LÁI” (PRACTICE DRIVING) at the front and rear\r\nof the car as the model prescribed in Appendix II of this Decree, with\r\nequipment for tracking the practical driving time and distance of the trainees,\r\nwith an auxiliary brake system installed to ensure effective braking at the\r\nseat of the driving instructors, or a van with hood preventing from rain and\r\nsun, with seats for trainees, having a certificate of technical safety and\r\nenvironmental protection for road motor vehicles which remains valid.

3. “car for road test” is a car used to test\r\ndriving skills, fitted with 2 signs “SÁT HẠCH” (TEST) at the front and rear of\r\nthe car, with an auxiliary brake system to ensure effective braking, with a\r\ncertificate of technical safety and environment protection for road motor\r\nvehicles which remains valid.

4. “maximum training capacity” or “MTC" refers\r\nto the highest number of trainees which could be within the\r\ntraining institution at one time. MTC is determined by combination of\r\ntrainees of all levels, including trainees of both theory and\r\npractice at the time of determination of MTC.

5. “driving test center” refers to any facility\r\nwhich is constructed in conformity with the National Technical Regulation on\r\ndriving testing services and is classified as follows:

a) Grade-1 driving test centers: carrying out\r\ndriving tests for categories  A1, A2, A3, A4, B1, B2, C, D, E and F ( including\r\nsub-categories FB2, FC, FD, FE);

b) Grade-2 driving test centers: carrying out\r\ndriving tests for categories A1, A2, A3, A4, B1, B2 and C;

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2. Point dd Clause 1 and Point a Clause 2 of\r\nArticle 6 shall be amended as follows:

a) Point dd Clause 1 of Article 6 shall be amended\r\nas follows:

“dd) Driving technique classrooms shall be equipped\r\nwith audiovisual equipment (disks, projectors...); diagrams or pictures/photos\r\ndescribing basic maneuvers (adjusting drivers’ seat, driving position and\r\nposture; cars for gear changing practice (they may be located in a separate\r\nplace), car driving simulators;”b) Point a Clause 2 of Article 6 shall be\r\namended as follows:

“a) Every driver training institution\r\nshall provide adequate dual-control cars of all grades obtaining\r\ndual-control car certificates; if the training institution provides driving\r\ntesting services, it may, based on the time for using cars for road test, use\r\nthese cars for road test and practice driving, providing that the number of\r\ncars for road test used for calculating MTC does not exceed 50% of the number\r\nof cars for road test used as dual-control cars;”

3. Point a Clause 3 of Article 6 shall be amended\r\nas follows:

"a) The driver training ground may be under\r\nthe legal right to use of the driver training institution;”

4. Article 7 shall be amended as follows:

“Article 7. Requirements for instructors

1. Every theoretical and practical instructor must\r\nmeet requirements prescribed herein.

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5. Article 8 shall be amended as follows:

“Article 8. Qualifications for instructors,\r\ndriving instructors' licenses and competence to grant driving\r\ninstructor licenses

1. General qualifications: Every driving instructor\r\nmust acquire qualifications for instructors at elementary level in accordance\r\nwith law on vocational education;

2. Every theoretical driving instructor must obtain\r\na Level 4 of VQF Diploma or higher in law, automobile technology, automobile\r\nengineering, automobile assembly or other majors, in which the body of\r\nknowledge about automobile accounts for at least 30%, every instructor in\r\ncharge of driving technique must gain a driving license at least corresponding\r\nto the category of the training car;

3. Every practical driving instructor must acquire\r\nthe qualifications:

a) Obtain a driving license at least corresponding\r\nto the category of the training car, but not lower than grade B2;

b) A B1 or B2 driving instructor must gain a\r\ndriving license valid for at least 3 years from the date of employment; a C, D,\r\nE and F driving instructor must gain a driving license valid for at least 5\r\nyears from the date of employment;

c) The driving instructor has completed the\r\ntraining course in practical driving instruction according to the program\r\npromulgated by the competent authority and has been issued with a practical\r\ndriving instructor’s license using the form in Appendix VI issued herewith.

4. Authority competent to grant a practical driving\r\ninstructor’s license

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b) Department of Transport has competence to grant\r\npractical driving instructor’s licenses to instructors of training institutions\r\nunder management of local governments.”

6. Point a and b Clause 2 of Article 9 shall be\r\namended as follows:

a) Point a Clause 2 of Article 9 shall be amended\r\nas follows:

“a) The individual or driver training institution\r\n(hereinafter referred to as “applicant”) shall submit an application to the\r\ncompetent authority specified in Clause 4 Article 8 hereof directly or by\r\npost;”

b) Point b Clause 2 of Article 9 shall be amended\r\nas follows:

“b) The Department of Transport or Directorate for\r\nRoads of Vietnam shall examine and appraise the application (if the applicant\r\nis an individual) or application and the list made using the form enclosed in\r\nthe Annex V herewith (if the applicant is an institution) within 5 working days\r\nfrom receipt of the complete application. In case any individual is found\r\nnot eligible for the driving instructor license, the Department of\r\nTransport or Directorate for Roads of Vietnam shall send the applicant a notice\r\nof which reason for rejection shall be specified.”

7. Clause 1 and Point a Clause 2 Article 10 shall\r\nbe amended as follows:

a) Clause 1 of Article 10 shall be amended as\r\nfollows:

“1. A practical driving instructor’s license may be\r\nre-issued if it is lost, damaged or has any change in the content. The\r\napplication shall consists of required documents prescribed in Point a and\r\nPoint e Clause 1 Article 9 hereof.”

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“a) The individual or driver training institution\r\n(hereinafter referred to as “applicant”) shall submit an application to the\r\ncompetent authority specified in Clause 4 Article 8 hereof directly or by\r\npost;”

8. Point c Clause 1 of Article 18 shall be amended\r\nand Point g shall be added to Clause 1 Article 18 as follows:

a) Point c Clause 1 of Article 18 shall be amended\r\nas follows:

“c) Number of motor vehicles used for road test:\r\nThe number of cars for driving testing class A1, B1, B2 and C  shall be at\r\nleast 02 for each respective class, and at least 01 for other class and not for\r\nany business purpose; and 01 for public road test. The car for road test is\r\nunder legal right to use of the entities having driving test centers.”

b) Point g shall be added to Clause 1 of Article 18\r\nas follows:

“g) Car test stimulator: There is at least one\r\nequipment installed with a car test stimulation software prescribed by the\r\nMinistry of Transport.”

9. Point a Clause 1 of Article 20 shall be amended\r\nas follows:

“a) Approval for project proposal given by\r\ncompetent authority to local investors, foreign-invested business entities\r\n(foreign investors holding less than 51% of charter capital), except for\r\nprojects exempt from approval for project proposal or certificate of investment\r\nregistration given to foreign investors, foreign-invested business entities\r\n(foreign investors holding at least 51%) (copies together with originals or\r\ncertified true copies);”

10. Point c Clause 1, Point b Clause 5 and Clause 6\r\nof Article 26 shall be amended as follows:

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“c) Stipulate regulations, road map to equip\r\nsimulators for driving training and test, the equipment to track practical time\r\nand distance of trainees; provide guidelines for application of information\r\ntechnology in management and supervision of theoretical period of time for\r\ntrainees of driver training institutions.”

b) Point b Clause 5 of Article 26 shall be amended\r\nas follows:

“b) Maintain and modernize facilities and teaching\r\ntools; and ensure that instructors and trainers satisfy prescribed\r\nrequirements; provide adequate facilities and equipment to ensure environment\r\nhygiene and fire safety as per the law; hold training courses 3 times a year to\r\nimprove practices of practical driving instructors prescribed by the Ministry\r\nof Transport.”

c) Clause 6 of Article 26 shall be amended as\r\nfollows:

“6. Every driving test center shall ensure that\r\ntheir facilities or devices for testing and scoring, provide adequate\r\nfacilities and equipment to ensure environment hygiene and fire safety\r\nconformable to regulations of laws to facilitate the accuracy and objectivity\r\nof driving tests.”

11. Replace Appendix IV on form of application for\r\ntraining, issuance of practical driving instructor’s licenses as prescribed in\r\nDecree No. 65/2016/ND-CP with Appendix IV on form of application for training,\r\nissuance of practical driving instructor’s licenses as prescribed herein.

Article 2. The following regulations shall be\r\nannulled:

Article 4; Clause 2 Article 5; Point h Clause 1\r\nArticle 6; Points c, dd, e, g, h, i, k Clause 2 Article 6; Clause 4 Article 6;\r\nPoints c and dd Clause 1 Article 9; Point c Clause 1 Article 14; Article 17;\r\nPoint b Clause 1 Article 18; Article 25; Appendix I of Decree No. 65/2016/ND-CP\r\ndated July 1, 2016 on requirements for provision of car driver training and\r\ntesting services.

Article 3. Transitional provisions

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2. Any license to provide driver training or\r\ncertificate of qualified driving test center which was issued before July 1,\r\n2016 shall be reissued upon its expiry provided that the institution meets all\r\nrequirements for provision of car driver training and testing services.

3. Any driver training institution, driving test\r\ncenter which obtained a license to provide driver training or certificate of\r\nqualified driving test center before effective date of this Decree shall keep\r\nproviding the car driver training and testing, and be required to equip driving\r\nsimulators, equipment to track practical time and distance of trainees, driving\r\ntest simulators according to the road map stipulated by the Minister of\r\nTransport.

Article 4. Entry into force and implementation

1. This Decree comes into force as of December 1,\r\n2018.

2. Ministers, Heads of ministerial-level agencies,\r\nHeads of Governmental agencies, the Presidents of People’s Committees of\r\nprovinces and central-affiliated cities and relevant entities shall implement\r\nthis Decree./.

ON BEHALF OF\r\n THE GOVERNMENT
\r\n PRIME MINISTER
\r\n
\r\n
\r\n
\r\n
\r\n Nguyen Xuan Phuc