| Ministry of Transport of Vietnam | SOCIALIST REPUBLIC OF VIETNAM |
| No. 55/VBHN-BGTVT | Hanoi, September 29, 2022 |
DECREE
ON REQUIREMENTS FOR PROVISION OF CAR DRIVER TRAINING AND TESTING SERVICE
Decree No. 65/2016/ND-CP dated July 01, 2016 of the Government on requirements for provision of car driver training and testing services, which comes into force from July 01, 2016, is amended from:
1. Decree No. 138/2018/ND-CP dated October 08, 2018 of the Government, which amends certain Articles of Decree No. 65/2016/ND-CP dated July 01, 2016 of the Government on requirements for provision of car driver training and testing services, which comes into force from December 01, 2018.
2. Decree No. 70/2022/ND-CP dated September 27, 2022 of the Government amending certain Articles of Decrees laying down regulations concerning road transport business, which comes into force from November 01, 2022.
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Investment dated November 26, 2014;
Pursuant to the Law on Road Traffic dated November 13, 2008;
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Pursuant to Law on Vocational Education dated November 27, 2014;
At the request of the Minister of Transport;
The Government promulgates a Decree on requirements for provision of car driver training and testing service1.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides for requirements for provision of car driver training and testing service.
Article 2. Regulated entities
This Decree applies to driver training institutions, driving test centers and entities providing car driver training and testing services in Vietnam.
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1. “Driver training institution” refers to any vocational education and training institutions providing car driver training courses.
2. “dual-control car” is a car used to train drivers, fitted with 2 signs “TẬP LÁI” (“PRACTICE DRIVING”) at the front and rear of the car as the model prescribed in Appendix II of this Decree, with equipment for tracking the practical driving time and distance of the trainees, with an auxiliary brake system installed to ensure effective braking at the seat of the driving instructors, or a van with hood preventing from rain and sun, with seats for trainees, having a certificate of technical safety and environmental protection for road motor vehicles which remains valid.
3. “car for road test” is a car used to test driving skills, fitted with 2 signs “SÁT HẠCH” (TEST) at the front and rear of the car, with an auxiliary brake system to ensure effective braking, with a certificate of technical safety and environment protection for road motor vehicles which remains valid.
4. “maximum training capacity” or “MTC" refers to the highest number of trainees which could be within the training institution at one time. MTC is determined by combination of learners at all categories, including learners of both theory and practice classes at the time of determination of MTC.
5. “driving test center” refers to any facility which is constructed in conformity with the National Technical Regulation on driving testing services and is classified as follows:
a) Grade-1 driving test centers: carrying out driving tests for categories A1, A2, A3, A4, B1, B2, C, D, E and F ( including sub-categories FB2, FC, FD, FE);
b) Grade-2 driving test centers: carrying out driving tests for categories A1, A2, A3, A4, B1, B2 and C;
c) Grade-3 driving test centers: carrying out driving tests for sub-categories A1, A2, A3 and A4.
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REQUIREMENTS FOR PROVISION OF DRIVER TRAINING SERVICES AND ISSUE AND REVOCATION OF LICENSES TO OFFER DRIVER EDUCATION AND TRAINING COURSES
Article 5. Requirements for driver training institutions
1. Driver training institutions are recognized as vocational education and training institutions that are lawfully incorporated.
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dd)5 Driving technique classrooms shall be equipped with audiovisual equipment (disks, projectors...); diagrams or pictures/photos describing basic maneuvers (adjusting drivers’ seat, driving position and posture; cars for gear changing practice (they may be located in a separate place), car driving simulators;
e) Freight classrooms shall be equipped with chalkboards, diagrams for cargo freight or passenger transport, and symbols applied to parcels;
g) Practical classrooms for automotive maintenance and repair shall be equipped with air ventilation and lighting systems, specialized automotive repair and maintenance equipment, necessary facilities for auto assembly and disassembly, chalkboards, desks and chairs, well-operating complete engines, transmission system, wheeling systems and electrical systems. Such classrooms shall be constructed in conformity with regulations on occupational health and safety; and floors shall be saved from cracks and slipperiness.
h)6 (annulled)
2. With respect to cars for learner drivers (hereinafter refer to as “learner driver car”)
b)8 (annulled)
c)9 (annulled)
d) Leaner driver trucks for categories B1 and B2 shall have the payload of at least 1.000 kg and the quantity of such trucks shall not exceed 30% of total number of the same learner driver car category;
dd)10 (annulled)
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g)12 (annulled)
h)13 (annulled)
i)14 (annulled)
k)15 (annulled)
3. Driver training grounds
a)16 The driver training ground may be under the legal right to use of the driver training institution;
b) Any driver training institution with MTC of 1.000 trainees or more shall have at least 02 training grounds under regulations of laws;
c) Every driver training ground shall be equipped with traffic signs and model obstacles to reproduce traffic situations mentioned in driving lessons. Sizes of driving test tracks shall be conformable to the national technical regulations on road motor vehicle driving test centers for each respective vehicle category;
d) Every driver training ground shall be constructed at an appropriate height and have drainage system installed to save it from flood; the track surfaces shall be asphalted or covered with cement concrete and road marking and kerb shall be put on shaped tracks for driver practice;
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e) The minimum area of driver training ground for categories B1 and B2 shall be 8.000 m2; for categories B1, B2 and C shall be 10.000 m2; and for categories B1, B2, C, D, E and F shall be 14.000 m2.
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b) A B1 or B2 driving instructor must gain a driving license valid for at least 3 years from the date of employment; a C, D, E and F driving instructor must gain a driving license valid for at least 5 years from the date of employment;
c) The driving instructor has completed the training course in practical driving instruction according to the program promulgated by the competent authority and has been issued with a practical driving instructor’s license using the form in Appendix VI issued herewith.
4. Authority competent to grant a practical driving instructor’s license
a) Department for Roads of Vietnam20 has competence to grant practical driving instructor’s licenses to instructors of training institutions affiliated to central agencies designated by the Ministry of Transport;
b) Department of Transport has competence to grant practical driving instructor’s licenses to instructors of training institutions under management of local governments.
Article 9. Procedures for issue of driving instructor licenses
1. The application for driving instructor license includes:
a) An application form made using the form in the Annex IV enclosed herewith;
b) A two-year associate degree or higher or certificate of preliminary vocational training skills (certified true copy of or copy enclosed with the original for collation);
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d) A Pedagogy Certificate (certified trued copy or copy enclosed with original for collation);
dd)22 (annulled)
e) 01 color ID-style photos (3x4), blue background, taken within the past 06 months.
2. Procedures for issue of driving instructor licenses
a)23 The individual or driver training institution (hereinafter referred to as “applicant”) shall submit an application to the competent authority specified in Clause 4 Article 8 hereof directly or by post;
b)24 The Department of Transport or Department for Roads of Vietnam25 shall examine and appraise the application (if the applicant is an individual) or application and the list made using the form enclosed in the Annex V herewith (if the applicant is an institution) within 5 working days from receipt of the complete application. In case any individual is found not eligible for the driving instructor license, the Department of Transport or Department for Roads of Vietnam26 shall send the applicant a notice of which reason for rejection shall be specified;
c) Within 03 working days from the date on which the examination result is obtained, the Department of Transport or Department for Roads of Vietnam27 shall consider granting the applicant the driving instructor license made using the form in Annex VI enclosed herewith. In case any individual is found not eligible for the driving instructor license, the Department of Transport or Department for Roads of Vietnam28 shall send such applicant a written notice.
Article 10. Procedures for reissue of driving instructor licenses
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a)30 The individual or driver training institution (hereinafter referred to as “applicant”) shall submit an application to the competent authority specified in Clause 4 Article 8 hereof directly or by post;
b) The Department of Transport or Department for Roads of Vietnam31 shall examine and appraise the application (if the applicant is an individual) or application and the list made using the form enclosed in the Annex V herewith (if the applicant is an institution). In case any individual is found not eligible for the driving instructor license, the Department of Transport or Department for Roads of Vietnam32 shall send the applicant a notice of which reason for rejection shall be specified;
c) Within 03 working days from the date of receipt, the Department of Transport or Department for Roads of Vietnam33 shall consider re-granting the applicant the driving instructor license made using the form in Annex VI enclosed herewith.
Article 11. Certificate of eligibility for learner driver cars and competent to grant certificates of eligibility for learner driver cars
1. The Certificate of eligibility for learner driver car made using the form in Annex VII enclosed herewith shall be issued by the competent authority. The certificate validity period is up to the permissible useful life of the driver learner car.
2. The competence of issue of Certificate of eligibility for learner driver car is as follows:
a) The Department for Roads of Vietnam34 has the competence of issue of the Certificate of eligibility to driver learner cars of driver training institutions affiliated to the Central authority designated by the Ministry of Transport;
b) Every Department of Transport has the competence of issue of the Certificate of Eligibility to driver learner cars of driver training institutions within their administration.
Article 12. Procedure for grant of Certificates of eligibility for learner driver cars
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a) A list of learner driver cars (made using the form in Annex VIII enclosed herewith) expected to be granted the Certificate of eligibility for learner driver car;
b) A Certificate of vehicle registration (a certified true copy or copy enclosed with the original for collation).
2. Procedures for issue of the Certificate of eligibility for learner driver car
a) The applicant shall submit the list of learner driver cars prescribed in point a, clause 1 of this Article and an application for the license to offer driver training courses to the competent authority specified in clause 2, Article 11 hereof directly or by post;
b) The Department of Transport or Department for Roads of Vietnam35 shall consider granting the Certificate of eligibility for learner driver car and License to offer driver training courses at the one time;
c) Within 01 working day from the date of issue of the License to offer driver training course, the Department of Transport or Department for Roads of Vietnam36 shall grant the Certificate of eligibility for learner driver car. In case of rejection, the competent authority shall send the applicant a written notice which specifies reasons for rejection;
d) Procedures for reissue or adjustment to the Certificate of eligibility for learner driver car: The applicant shall submit an application including all documents specified in clause 1 of this Article to the competent authority stipulated in clause 2 Article 11 hereof directly and by post.
Within 03 working days from the date of receipt of the application, the Department of Transport or Department for Roads of Vietnam37 shall examine and consider re-granting the Certificate of eligibility for learner driver car. In case of rejection, the competent authority shall send the applicant a written notice which specifies reasons for rejection.
Article 13. Licenses to provide driver training and competence to issue licenses to offer driver training courses
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2. The License to offer driver training course shall be made using the form in Annex IX enclosed herewith and shall be re-granted in case of loss, damage or changes.
3. The competence to issue license to offer driver training course are as follows:
a) The Department for Roads of Vietnam38 has the competence to issue and reissue the License to provide driver training to driver training institutions affiliated to the Central authority designated by the Ministry of Transport;
b) Every Department of Transport has the competence to issue and reissue the License to offer driver training course to driver training institutions within their administration.
Article 14. Procedure for grant of Licenses to offer driver training courses
1. The application for the License to offer driver training course:
a) An application for License to offer driver training course made using the form in Annex X enclosed herewith;
b) A Decision on establishment of the vocational education and training institution (certified true copy or copy enclosed with the original for collation) issued by the competent authority;
c)39 (annulled)
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dd) A Certificate of vehicle registration (certified true copy or copy enclosed with the original for collation).
2. Procedures for issue of License to offer driver training course
a) After the completion of facilities, equipment, vehicles and teaching tools under the national technical standards, the applicant shall submit an application for License to offer driver training course to the competent authority prescribed in clause 3, Article 13 hereof directly or by post;
b) In case of the incomplete application, the Department of Transport or Department for Roads of Vietnam40 shall notify the applicant in writing within 02 working days from the date of receipt;
c) Within 10 working days from the date of receipt of the complete application, the Department of Transport or Department for Roads of Vietnam41 shall take charge of and cooperate with the vocational education and training authority in carrying out an on-site inspection of the applicant, preparing an on-site inspection record and consider granting the License to offer driver training course to the eligible applicant. In case of rejection, the competent authority shall send the applicant a written notice which specifies reasons for rejection.
Article 15. Procedure for reissue of Licenses to offer driver training courses
1. Reissue of the License to offer driver training course in case of changes in the driving license categories or MTC.
a) All documents required in points a, d and dd, clause 1, Article 14 hereof ( only changes against the last license is supplemented);
b) Procedures for reissue of License to provide driver training
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Within 05 working days from the date of receipt of the complete application, the competent authority shall cooperate with the vocational education and training authority in carrying out an on-site inspection and making out an on-site inspection record using the form in Annex XI hereof;
Within 03 working days from the termination of on-site inspection, the competent authority shall consider re-granting the License to offer driver training course to the eligible applicant. In case of rejection, the competent authority shall send the applicant a written notice which specifies reasons for rejection.
2. Re-grant of the license to offer driver training course in case of loss, damage or changes in related information:
a) The applicant shall submit an application for re-issue of the License to offer driver training course and specify reasons for loss or damage or changes to the competent authority directly or by post;
b) Within 03 working days from the date of receipt of complete application, the competent authority shall consider re-granting the License to offer driver training course to the eligible applicant. In case of rejection, the competent authority shall send the applicant a written notice which specifies reasons for rejection.
Article 16. Revocation of Licenses to offer driver training courses
1. A driver training institution shall have its License to offer driver training course revoked if:
a) The driver training institution is found committing illegal acts for being established or granted the License to offer driver training course;
b) The driver training has not been provided for 24 months from the date of issue of the License;
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d) The License to offer driver training course is granted ultra vires;
dd) Information stated on the existing License is illegally amended or erased;
e) The License to offer driver training course is used for lease.
2. The competent authority granting the License to offer driver training course shall carry out the revocation as follows:
a) The competent authority shall release a Decision on revocation of License to offer driver training course, notify to relevant agencies and publish the decision on the website of the Department of Transport;
b) The driver training institution shall return the License to offer driver training course to the issuer and cease the operation right after the Decision on Revocation takes effect.
Chapter III
REQUIREMENTS FOR PROVISION OF DRIVER TESTING SERVICES, ISSUE AND REVOCATION OF CERTIFICATE OF ELIGIBILITY FOR OPERATION TO DRIVING TEST CENTERS
Article 17. Please sign up or sign in to your TVPL Pro Membership to see English documents.
1. General requirements
a) Every grade-1, 2 and 3 driving test center shall cover an area of at least 35.000 m2, 20.000 m2 and 4.000 m2, respectively;
b)43 (annulled)
c)44 Number of motor vehicles used for road test: The number of vehicles for driving testing in tracks for categories A1, B1, B2 and C shall be at least 02 for each respective category, and at least 01 for other categories and such vehicles are not used for any business purpose; and the number of vehicles for driving testing on public roads for categories A1, B1, B2 and C shall be 01 for each respective category. The vehicles for driving testing are under legal right to use of the entities having driving test centers.
d) There shall be at least 02 severs and 10 clients for the theory driving test (for grade-3 driving test centers) and 20 clients for grade-1 and grade-2 driving test centers;
dd) There shall be at least 02 computers installed with driving test software for the maneuverability test for each grade of driving test centers;
e)There shall be at least 02 computers installed with driving test software for the practical driving test on public and open roads. One of them shall perform as sever with a separate local loop and static IP address.
g)45 Car test stimulator: There is at least one equipment installed with a car test stimulation software prescribed by the Ministry of Transport.
2. Technical requirements
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Article 19. Certificate of eligibility for operation
1. The competent authority shall grant Certificates of eligibility for operation to driving test centers that satisfy all requirements stipulated in Article 18 hereof.
2. The Certificate of eligibility for operation shall be made using the form in Annex XII enclosed herewith and shall be re-issued in case of loss, damage or changes related to information or testing devices, quantity and type of cars used for driving tests. The term of replacement of the existing certificate shall be included in the new one.
3. The competence in issuing Certificate of eligibility for operation is as follows:
a) The Department for Roads of Vietnam46 shall have the competence in issuing or re-issuing the Certificate of eligibility for operation to grade-1 and grade-2 driving test centers;
b) Every Department of Transport has the competence in issuing or re-issuing the Certificate of eligibility for operation to grade-3 driving test centers within the province.
Article 20. Application for approval for maneuverability course layout of grade-1 and grade-2 driving test centers
1. The application for approval for maneuverability course layout includes:
a)47 Approval for project proposal given by competent authority to local investors, foreign-invested business entities (foreign investors holding less than 51% of charter capital), except for projects exempt from approval for project proposal or certificate of investment registration given to foreign investors, foreign-invested business entities (foreign investors holding at least 51%) (copies together with originals or certified true copies);
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c) A construction permit ( certified trued copy or copy enclosed with original for collation);
d) Design documentation, list of cars used for driving test and automatic scorers.
2. Procedures for approval for maneuverability course layout
a) The applicant shall submit 02 applications including all above-mentioned documents and application forms to the Department for Roads of Vietnam48 directly or by post;
b) Within 05 working days from the date of receipt of the complete application, the Department for Roads of Vietnam49 shall send the applicant and the Department of Transport a decision on approval in writing. In case of rejection, the Department for Roads of Vietnam shall send the applicant a written notice which specifies reason for rejection. If no response is made after the set forth deadline, the maneuverability course layout is deemed to be approved.
Article 21. Procedures for issue of certificates of eligibility for operation to grade-1 and grade-2 driving test centers
1. After completion of construction of the driving test center, the applicant shall submit an application to the Department for Roads of Vietnam50 for being examined and granted a certificate of eligibility for operation.
2. Within 10 working days from the date of receipt, the Department for Roads of Vietnam51 shall cooperate with the Department of Transport in examining and considering granting the certificate. In case of rejection, the competent authority shall send the applicant a written notice which specifies reasons for rejection.
Article 22. Procedures for issue of Certificate of eligibility for operation to grade-3 driving test centers
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a) A construction permit (certified trued copy or copy enclosed with original for collation);
b) A layout drawing and design documentation of models for maneuverability tests, and list of cars used for driving tests.
2. Procedures for issue of certificate of eligibility for operation
a) After completion of construction of the driving test center, the applicant shall submit an application for Certificate of eligibility for operation to the Department of Transport directly or by post;
b) Within 05 working days from the date of receipt of the application, the Department of Transport shall examine and consider granting the Certificate. In case of rejection, the competent authority shall send the applicant a written notice which specifies reasons for rejection.
Article 23. Procedures for re-issue of Certificate of eligibility for operation to driving test centers
1. Reissue of Certificate of eligibility for operation in case of alteration to driving testing devices, quantity and types of motor vehicles used for driving test:
a) The applicant shall submit an application for re-issue of Certificate of eligibility for operation to the competent authority prescribed in clause 3, Article 19 hereof directly or by post;
b) Within 10 working days from the date of receipt, the Department for Roads of Vietnam52 shall cooperate with the Department of Transport in examining the application and considering re-grating the Certificate of eligibility for operation to the grade-1 and grade-2 driving test centers. The Department of Transport shall examine the application and consider re-granting the Certificate of eligibility for operation to grade-3 driving test centers. In case of rejection, the competent authority shall send the applicant a written notice which specifies reasons for rejection.
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a) The applicant shall submit an application for re-issue of Certificate of eligibility for operation with specific reasons for loss or damage to the competent authority prescribed in clause 3, Article 19 hereof directly or by post;
b) Within 03 working days, the competent authority shall consider re-granting the Certificate of eligibility for operation to the applicant. In case of rejection, the competent authority shall send the applicant a written notice which specifies reasons for rejection.
Article 24. Revocation of Certificate of eligibility for operation
1. A driving test center shall have its Certificate of eligibility for operation revoked if:
a) The driving test center is found committing illegal acts for being granted the Certificate of eligibility for operation;
b) No driving test has been taken place within 24 months from the date of grant of the Certificate;
c) The Certificate is suspended twice or more within 18 months;
d) The Certificate is granted ultra vires;
dd) Information stated on the granted Certificate is illegally amended or erased;
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2. The competent authority granting Certificate of eligibility for operation shall carry out the revocation of such Certificate as follows:
a) The competent authority shall release a Decision on revocation of the Certificate of eligibility for operation, notify it to relevant agencies and publish the decision on their websites;
b) The driving test center shall return the Certificate of eligibility for operation to the issuer (the competent authority) and cease the operation right after the Decision on revocation takes effect.
Chapter IV
IMPLEMENTATION CLAUSES
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c)54 Stipulate regulations, road map to equip simulators for driving training and test, the equipment to track practical time and distance of learners; provide guidelines for application of information technology in management and supervision of theoretical period of time for learners of driver training institutions.
2. The Department for Roads of Vietnam shall:Please sign up or sign in to your TVPL Pro Membership to see English documents.
b) Publish and update the lists of driver training institutions and driving test centers whose licenses are granted or revoked on the website of the Department of Transport within its administration.
5. Every driver training institution shall:
a) Providing driver training courses for refreshers or for driving license upgrading in conformity with MTC, duration, location and category of the driving license stated in the license to offer driver training course.
b)57 Maintain and modernize facilities and teaching tools; and ensure that instructors and trainers satisfy prescribed requirements; provide adequate facilities and equipment to ensure environment hygiene and fire safety as per the law; hold training courses 3 times a year to improve practices of practical driving instructors prescribed by the Ministry of Transport.
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CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Le Dinh Tho
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