THE MINISTRY OF TRANSPORT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 38/2019/TT-BGTVT	Hanoi, October 8, 2019

 

CIRCULAR

ON AMENDMENTS TO CIRCULAR NO. 12/2017/TT-BGTVT DATED APRIL 15, 2017 OF THE MINISTER OF TRANSPORT ON DRIVER TRAINING, DRIVING TESTS AND ISSUANCE OF DRIVING LICENSES FOR ROAD MOTOR VEHICLES

Pursuant to the Law on Road traffic dated November 13, 2008;

Pursuant to Government's Decree No. 12/2017/ND-CP dated February 10, 2017 on functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 65/2016/ND-CP dated July 1, 2016 on stipulating requirements for provision of car driver training and testing services;

Pursuant to the Government’s Decree No. 138/2018/ND-CP dated October 8, 2018 on amendments to the Government’s Decree No. 65/2016/ND-CP dated July 1, 2016 on stipulating requirements for provision of car driver training and testing services;

At the request of General Director of Organization and Personnel Department and General Director of Directorate for Roads of Vietnam,

The Minister of Transport promulgates the Circular on amendments to Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport on driver training, driving tests, and issuance of driving licenses for road motor vehicles.

Article 1. Amendments to Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport on driver training, driving tests, and issuance of driving licenses for road motor vehicles

1. Clause 9 and Clause 10 shall be added to Article 3 as follows:

a) Clause 9 shall be added to Article 3 as follows:

 “9. Driving simulators for training include: a system of computers installed with traffic situation simulator and cabin to learn driving cars (hereinafter referred to as “simulator cabin”)”.

b) Clause 10 shall be added to Article 3 as follows:

 “10. Driving simulators for testing include a system of computers installed with traffic situation simulator.”

2. Clause 3 Article 4 shall be amended as follows:

 “3. Maximum training capacity shall be determined based on number of classrooms, driving training yards as prescribed in Government's Decree No. 65/2016/ND-CP dated July 1, 2016 on requirements for provision of car driver training and testing services (hereinafter referred to as Decree No. 65/2016/ND-CP) and Government's Decree No. 138/2018/ND-CP dated October 8, 2018 on amendments to Decree No. 65/2016/ND-CP. The number of learners for a practice session should not exceed training institutions’ capacity to meet number of dual-control cars for each class.”

3. Clause 9, Clause 11, Clause 14 and Clause 16 Article 5 shall be amended as follows:

a) Clause 9 Article 5 shall be amended as follows:

 “9. Ensure facilities and equipment for teaching and learning to improve training quality; use the traffic situation simulator and technology application in training management to recognize and monitor the attendance of car learners in road traffic law lessons (except for B1 class) according to the roadmap prescribed in Clause 2 Article 47 of this Circular;”

b) Clause 11 Article 5 shall be amended as follows:

 “11. Ensure that the instructor wears “driving instructor” badge and brings the license of dual-control car, and the learner wears “learner driver” badge in a practical driving lesson. Badges shall be granted and managed by driver training institutions as prescribed in Appendix 1a, Appendix 1b enclosed herewith; the name of the driver training institution shall be posted on the dual-control car using the model label prescribed in Appendix 22 issued herewith.”

c) Clause 14 Article 5 shall be amended as follows:

 “14. Carry out recruitment, management and organize training to enhance professional competence of instructors, meeting prescribed standards and request competent agencies to inspect and issue driving instructor certificates in accordance with regulations. Provide advancement training for driving instructors according to the framework curriculum of advancement training for driving instructors prescribed in Appendix 23 issued herewith.”

d) Clause 16 shall be added to Article 5 as follows:

 “16. The driver training institution shall provide and maintain simulator cabins, devices to monitor practice time and distance of learners in accordance with national technical regulations promulgated by the Ministry of Transport and the roadmap prescribed in Clause 2 Article 47 of this Circular.”

4. Clause 4 and Point b Clause 5 Article 6 shall be amended as follows:

a) Clause 4 Article 6 shall be amended as follows:

 “4. A1, A2, A3 class driver training institutions shall use lists of learners registering driving test as training management documents. Driver training institutions shall use the data on the attendance of car learners in road traffic law lessons (except for B1 class), data on practice time and distance of learners as training management documents.

b) Point b Clause 5 Article 6 shall be amended as follows:

 “b) 02 years for graduation tests, data on the attendance of car learners in road traffic law lessons (except for B1 class), data on practice time and distance of learners and the remaining documents;”

5. Point dd Clause 3 shall be added to Article 7 as follows:

 “dd) If a learner who applies for a license upgrade commits administrative violation against regulations on road traffic and has his/her driving license suspended, the safe driving period shall begin from the date on which he/she finishes abiding by the decision on penalty for administrative violation.”

6. Clause 3 shall be added to Article 9 as follows:

 “3. An ethnic who is unable to read or write Vietnamese and seeks for A1 class motorbike license shall send an application in person to the training institution. The application shall consist of:

a) Required documents in Clause 1 of this Article;

b) A certification issued by the People’s Committee of commune, ward, town confirming that the ethnic is unable to read and write Vietnamese using the form prescribed in Appendix 24 issued herewith; the certification shall remain valid for 1 year from the issue date; the ethnic shall sign and append fingerprints in that certification.”

7. Clause 3 and Clause 6 Article 10 shall be amended as follows:

a) Clause 3 Article 10 shall be amended as follows:

 “3. Hand over traffic situation simulator to training institutions; establish training program, forms, records, books to serve the driving training.”

b) Clause 6 Article 10 shall be amended as follows:

 “6. Promulgate initial detailed instructor training program and guidelines for uniform implementation nationwide.”

8. Clause 4 Article 11 shall be amended as follows:

 “4. Issue, reissue licenses to provide driver training according to the driver training institution codes in the driving license information system and send the copy of issued driver training licenses together with written records of inspection of training institutions to Directorate for Roads of Vietnam as prescribed in Appendix XI of Decree No. 65/2016/ND-CP .”

9. Clause 3 Article 13 shall be amended as follows:

 “3. Required training program and time distribution

a) Training program and time distribution

No.	DESCRIPTION	UNIT	DRIVING LICENSE CLASS
			B1 class		B2 class	C class
			Automatic transmission cars	Manual transmission cars
1	Road traffic law	hour	90	90	90	90
2	Common structures and repairs	hour	8	8	18	18
3	Transport operation	hour	-	-	16	16
4	Driving ethics and traffic etiquette and prevention and control of alcohol and beer harms when participating in traffic.	hour	14	14	20	20
5	Driving techniques	hour	20	20	20	20
6	Traffic situation simulator learning	hour	4	4	4	4
7	Total number of hours for driving practice/dual-control car and simulator cabin	hour	340	420	420	752
in which	Total number of hours for driving practice/dual-control car	hour	325	405	405	728
	Total number of hours for practice in simulator cabin (based on number of learners/dual-control car)	hour	15	15	15	24
8	Total number of hours for driving practice/dual-control car and simulator cabin	hour	68	84	84	94
a)	Number of hours for driving practice/learner	hour	65	81	81	91
in which	Number of hours for driving practice on driving training yard/learner	hour	45	45	45	46
	Number of hours for driving practice on traffic road/learner	hour	20	36	36	45
b)	Number of hours for driving practice in simulator cabin/learner	hour	3	3	3	3
9	Number of hours/learner/course	hour	204	220	252	262
10	Total number of hours/course	hour	476	556	588	920

b) Total course duration

NO.	DESCRIPTION	UNIT	DRIVING LICENSE CLASS
			B1 class		B2 class	C class
			Automatic transmission  cars	Manual transmission cars
1	Review and final test	day	3	4	4	4
2	Number of actual learning days	day	59,5	69,5	73,5	115
3	Number of public holidays, opening and closing ceremony	day	14	15	15	21
4	Total days/course	day	76,5	88,5	92,5	140

c) Number of learners/dual-control car: 5 learners for B1, B2 class and 8 learners for C class.

d) Regulations on number of km for driving practice

NO.	DESCRIPTION	UNIT	DRIVING LICENSE CLASS
			B1 class		B2 class	C class
			Automatic transmission  cars	Manual transmission cars
1	Number of km for driving practice on driving training yard/learner	km	290	290	290	275
2	Number of km for driving practice on traffic road/learner	km	710	810	810	825
Number of km for driving practice/learner		km	1000	1100	1100	1100

10. Clause 3 Article 14 shall be amended as follows:

 “3. Required training program and time distribution

a) Training program and time distribution

NO.	DESCRIPTION	UNIT	DRIVING LICENSE CLASS
			B1 (automatic transmission) to B1	B1 to B2	B2 to C	C to D	D to E	B2, D, E to F	C, D, E to FC	B2 to D	C to E
1	Road traffic law	hour	-	16	16	16	16	16	16	20	20
2	Knowledge about new class of vehicle	hour	-	-	8	8	8	8	8	8	8
3	Transport operation	hour	-	16	8	8	8	8	8	8	8
4	Driving ethics and traffic etiquette and prevention and control of alcohol and beer harms when participating in traffic.	hour	-	10	14	14	14	14	14	18	18
5	Traffic situation simulator learning	hour	-	2	2	2	2	2	2	2	2
6	Total number of hours for driving practice/dual-control car and simulator cabin	hour	120	50	144	144	144	144	224	280	280
in which	Total number of hours for driving practice/dual-control car	hour	115	45	136	136	136	136	216	270	270
	Total number of hours for practice in simulator cabin (based on number of learners/dual control car)	hour	5	5	8	8	8	8	8	10	10
7	Total number of hours for driving practice/dual-control car and simulator cabin	hour	24	10	18	18	18	18	28	28	28
a)	Number of hours for driving practice/learner	hour	23	9	17	17	17	17	27	27	27
in which	Number of hours for driving practice on driving training yard/learner	hour	13	4	7	7	7	7	10	12	12
	Number of hours for driving practice on traffic road/learner	hour	10	5	10	10	10	10	17	15	15
b)	Number of hours for driving practice in simulator cabin /learner	hour	1	1	1	1	1	1	1	1	1
8	Number of hours/learner/course	hour	24	54	66	66	66	66	76	84	84
9	Total hours/course	hour	120	94	192	192	192	192	272	336	336

b) Total course duration

NO.	DESCRIPTION	UNIT	DRIVING LICENSE CLASS
			B1 (automatic transmission car) to B1	B1 to B2	B2 to C	C to D	D to E	B2, D, E to F	C, D, E to FC	B2 to D	C to E
1	Review and final test	day	1	2	2	2	2	2	2	2	2
2	Number of actual learning days	day	15	12	24	24	24	24	34	42	42
3	Number of public holidays, opening and closing ceremony	day	2	2	4	4	4	4	4	8	8
4	Number of actual learning days/course	day	18	16	30	30	30	30	40	52	52

c) Number of learners/dual-control car regarding upgrade learning: 5 learners for B1 (automatic transmission) to B1, B1 to B2; 8 learners for B2 to C, C to D, D to E, B2, D, E to F; 10 learners for B2 to D, C to E.

d) Regulations on number of km driving practice

NO.	DESCRIPTION	UNIT	DRIVING LICENSE CLASS
			B1 (automatic transmission) to B1	B1 to B2	B2 to C	C to D	D to E	B2, D, E to F	C, D, E to FC	B2 to D	C to E
1	Number of km for driving practice on driving training yard/learner	km	60	20	30	30	30	30	40	52	52
2	Number of km for driving practice on traffic road/learner	km	280	130	210	210	210	210	340	328	328
Number of km for driving practice/learner		km	340	150	240	240	240	240	380	380	380

11. Point b, Point c, Point d, Point dd, Point e Clause 3 and Clause 4 Article 15 shall be amended as follows:

a) Point b Clause 3 Article 15 shall be amended as follows:

 “b) Common structures and repairs

NO.	DESCRIPTION	B1 class: 8 hours		B2 class: 18 hours		C class: 18 hours
		Theory: 8 hours	Practice: 0 hour	Theory: 10 hours	Practice: 8 hours	Theory: 10 hours	Practice: 8 hours
1	Introduction about general structure	1	-	1	-	1	-
2	Automobile engine	1	-	2	1	2	1
3	Chassis	1	-	1	1	1	1
4	Auto electricity	1	-	1	1	1	1
5	Active safety system	1	-	1	1	1	1
6	Workshop rules, engineering safety, tool kits	1	-	1	-	1	-
7	Care and maintenance and common repairs	1	-	2	4	2	4
8	Tests	1	-	1	-	1	-

b) Point c Clause 3 Article 15 shall be amended as follows:

 “c) Transport operation

NO.	DESCRIPTION	B2 class: 16 hours		C class: 16 hours
		Theory: 12 hours	Practice: 4 hours	Theory: 12 hours	Practice: 4 hours
1	General concept about car transport, transport management, economic-technical indicators	3	1	3	1
2	Car transport business	4	1	4	1
3	Responsibilities of car drivers	2	1	2	1
4	Responsibilities of transport businesses	2	1	2	1
5	Tests	1	-	1	-

c) Point d Clause 3 Article 15 shall be amended as follows:

 “d) Driving ethics and traffic etiquette and prevention and control of alcohol and beer harms when participating in traffic

NO.	DESCRIPTION	B1 class: 14 hours		B2 class: 20 hours		C class: 20 hours
		Theory: 13 hours	Practice: 1 hour	Theory: 19 hours	Practice: 1 hour	Theory: 19 hours	Practice: 1 hour
1	Basic issues about virtuous character in present time	1	-	3	-	3	-
2	Drivers’ professional ethics	3	-	3	-	3	-
3	Market mechanism and competition in transport business activities	1	-	2	-	2	-
4	Responsibilities and authority of drivers and employers in transport business	-	-	3	-	3	-
5	Traffic etiquette	3	-	3	-	3	-
6	Prevention and control of alcohol and beer harms when participating in traffic	2	-	2	-	2	-
7	First-aid practice	2	1	2	1	2	1
8	Tests	1	-	1	-	1	-

d) Point dd Clause 3 Article 15 shall be amended as follows:

"dd) Driving techniques

NO.	DESCRIPTION	B1 class: 20 hours		B2 class: 20 hours		C class: 20 hours
		Theory: 16 hours	Practice: 4 hours	Theory: 16 hours	Practice: 4 hours	Theory: 16 hours	Practice: 4 hours
1	Position, effect of cabin components	1	0,5	1	0,5	1	0,5
2	Basic driving techniques	4	1	4	1	4	1
3	Driving techniques on various kinds of roads	4	0,5	4	0,5	4	0,5
4	Active safety driving techniques	2	0,5	2	0,5	2	0,5
5	Driving techniques of loaded cars	1	0,5	1	0,5	1	0,5
6	Driving psychology	1	-	1	-	1	-
7	General driving practice	2	1	2	1	2	1
8	Tests	1	-	1	-	1	-

dd) Point e Clause 3 Article 15 shall be amended as follows:

 “e) Driving practice (to be learned only after the learner has passed the subject “Road traffic law” and “Driving techniques”).

NO.	DESCRIPTION	B1 class		B2 class	C class
		340 hours/car	420 hours/car	420 hours/car	752 hours/car
1	Stationary driving practice without engine working	4	4	8	4
2	Stationary driving practice with engine working	4	4	8	4
3	Driving in flat yard (practicing yard)	32	32	48	32
4	Driving through number 3 and number 3 diagrams combined; moving forward and backward in a zigzag (practicing yard)	48	48	64	48
5	Driving on float roads (practicing yard)	32	32	48	32
6	Driving in simulator cabin	15	15	24	15
7	Driving on mountain passes	40	40	56	40
8	Driving on complicated roads	41	41	72	41
9	Driving at night (actual learning duration at night is 4 hours/day)	40	40	40	40
10	Driving loaded cars	-	48	200	48
11	Driving automatic transmission cards on roads (to be learned only after the learner has passed lesson number 1, 2, 3, 4, 5)	-	32	16	32
12	General exercise (practicing yard)	84	84	168	84

e) Clause 4 Article 15 shall be amended as follows:

 “4. License upgrade training

NO.	DESCRIPTION	License upgrade training
		B1 automatic transmission to B1 (hour)	B1 to B2 (hour)	B2 to C (hour)	C to D (hour)	D to E (hour)	B2, D, E to F (hour)	C, D, E to FC (hour)	B2 to D (hour)	C to E (hour)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1	Road traffic law, including	-	16	16	16	16	16	16	20	20
a)	Part I. Road traffic law	-	4	4	4	4	4	4	6	6
in which	Chapter I: General provisions	-	0,5	0,5	0,5	0,5	0,5	0,5	1	1
	Chapter II: Road traffic rules	-	1	1	1	1	1	1	2	2
	Chapter III: Cars participating in road traffic	-	1	1	1	1	1	1	1	1
	Chapter IV: Drivers participating in road traffic	-	1	1	1	1	1	1	1	1
	Chapter V: Road transport	-	0,5	0,5	0,5	0,5	0,5	0,5	1	1
b)	Part II. Road sign system	-	9	9	9	9	9	9	10	10
in which	Chapter I: General provisions	-	0,5	0,5	0,5	0,5	0,5	0,5	0,5	0,5
	Chapter II: Traffic control commands	-	0,5	0,5	0,5	0,5	0,5	0,5	1	1
	Chapter III: Road signs	-	4	4	4	4	4	4	4	4
	Chapter IV: Other road signs	-	4	4	4	4	4	4	4,5	4,5
c)	Part III. Handling of traffic situations	-	3	3	3	3	3	3	4	4
in which	Chapter I: Characteristics of situational diagrams	-	1	1	1	1	1	1	1	1
	Chapter II: Principles of driving through situational diagrams	-	1	1	1	1	1	1	1	1
	Chapter III: Handling of traffic situations on situational diagrams	-	1	1	1	1	1	1	2	2
2	Knowledge about new class of vehicle	-	-	8	8	8	8	8	8	8
in which	Introduction about general structure, positions and use of cabin equipment	-	-	1	1	1	1	1	1	1
	Characteristics of typical structure of engine of the new class of vehicle	-	-	2	2	2	2	2	2	2
	Characteristics of electricity system of modern cars	-	-	2	2	2	2	2	2	2
	Characteristics of typical structure of transmission of the new class of vehicle	-	-	2	2	2	2	2	2	2
	Tests	-	-	1	1	1	1	1	1	1
3	Transport operation	-	16	8	8	8	8	8	8	8
in which	General concept about car transport, transport management, economic-technical indicators	-	4	2	2	2	2	2	2	2
	Car transport business	-	5	2	2	2	2	2	2	2
	Responsibilities of car drivers	-	3	2	2	2	2	2	2	2
	Responsibilities of transport businesses	-	3	1	1	1	1	1	1	1
	Tests	-	1	1	1	1	1	1	1	1
4	Driving ethics and traffic etiquette and prevention and control of alcohol and beer harms when participating in traffic.	-	10	14	14	14	14	14	18	18
in which	Basic issues about virtuous character in present time	-	1	2	2	2	2	2	3	3
	Drivers’ professional ethics	-	1	2	2	2	2	2	2	2
	Market mechanism and competition in transport business activities	-	1	2	2	2	2	2	3	3
	Responsibilities and authority of drivers and employers in transport business	-	1	2	2	2	2	2	3	3
	Traffic etiquette	-	2	2	2	2	2	2	3	3
	Prevention and control of alcohol and beer harms when participating in traffic	-	2	2	2	2	2	2	2	2
	First-aid practice	-	1	1	1	1	1	1	1	1
	Tests	-	1	1	1	1	1	1	1	1
5	Driving practice (to be learned only after the learner has passed the subject “Road traffic law” and “Knowledge about the new class of vehicle”).	120	50	144	144	144	144	224	280	280
in which	Stationary driving practice without engine working	2	-	-	-	-	-	-	-	-
	Stationary driving practice with engine working	2	-	-	-	-	-	-	-	-
	Driving in flat yard (practicing yard)	6	-	4	4	4	4	4	8	8
	Driving on float roads (practicing yard)	6	2	4	4	4	4	4	8	8
	Driving through number 3 and number 3 diagrams combined (practicing yard)	6	4	4	4	4	4	-	8	8
	Driving through situational zigzag diagram (practicing yard)	6	4	4	4	4	4	-	16	16
	Driving forward and backward (practicing yard)	-	-	-	-	-	-	8	-	-
	Driving in simulator cabin	5	5	8	8	8	8	8	10	10
	Driving on mountain passes	16	6	20	20	20	20	36	32	32
	Driving on complicated roads	13	4	16	16	16	16	32	36	36
	Driving at night (actual learning duration at night is 4 hours/day)	12	6	16	16	16	16	32	32	32
	Driving loaded cars	14	9	36	36	36	36	52	66	66
	General exercise (practicing yard)	32	6	32	32	32	32	48	64	64

12. Clause 7 and Clause 8 Article 18 shall be amended as follows:

a) Clause 7 Article 18 shall be amended as follows:

 “7. Monitor using the surveillance camera system at theory testing rooms, testing yards for driving on situational diagrams at areas where the tests are taken: Start, stop and start the car on the slope, through the wheel track, through the intersection, park the car in a parking spot, and finish. The system uses IP cameras, has HD resolution or more, has an interactive interface, meets the minimum standards according to ONVIF standards, is synchronized in time with the theoretical testing server, computer operating the device scoring practice test on situational diagrams; ensure online connection, transfer image data (in video format) according to open standard protocols used for real-time two-way data exchange between server and websocket to Vietnam Road Administration to manage, monitor, store and share data with the Departments of Transport and other competent authorities to perform the state management. The image data (in video format) for monitoring the theory testing room and the testing yard for driving on situational diagrams must be shown on the screen installed at the testing waiting room and stored at the testing center as prescribed. The system of equipment mentioned above must ensure the confidentiality, prevent unauthorized access from outside and be installed according to the roadmap specified in Clause 4, Article 47 of this Circular."

b) Clause 8 shall be added to Article 18 as follows:

 “8. Receive and use traffic situation simulator transferred by Directorate for Roads of Vietnam for driving testing according to predetermined roadmap prescribed in Clause 4 Article 47 of this Circular.”

13. Point h, I shall be added to Clause 3 and Point h shall be added to Clause 4 Article 21 as follows:

a) Point h shall be added to Clause 3 Article 21 as follows:

 “h) Driving tests carried out through traffic situation simulator: Driving test candidates shall respond to simulation situations on the computers;”

b) Point i shall be added to Clause 3 Article 21 as follows:

 “i) Practice tests on situational diagrams for A1 class license granted to the disabled who rides motor tricycles for the disabled.

Driving test candidates must drive the tricycle through in a zigzag.”

c) Point h shall be added to Clause 4 Article 21 as follows:

 “h) Driving tests through traffic situation simulator carried out at driving test centers.”

14. Point a Clause 2 Article 23 shall be amended as follows:

 “a) The president of the council is the representative of Directorate for Roads of Vietnam or the Department of Transport who has a driving license and authorized by the head of Directorate for Roads of Vietnam or Department of Transport;”

15. Point a Clause 3, Point b Clause 5 and Clause 6 Article 24 shall be amended as follows:

a) Point a Clause 3 Article 24 shall be amended as follows:

 “a) Good ethics and not being under a discipline decision;”

b) Point b Clause 5 Article 24 shall be amended as follows:

 “b) Request the candidates to comply with the testing rules and regulations; do not allow unauthorized people to enter the theory testing room, testing yard and testing area using traffic situation simulator;”

c) Clause 6 shall be added to Article 24 as follows:

 “6. Costume of examiners

a) An examiner on duty must wear costume prescribed in Appendix 25 issued herewith and wear examiner badge prescribed in Clause 4 of this Article.

b) Costume

Costume of road motor driving examiner consists of: shirt, pants, skirt, cravat, belt, leather shoes, socks and red armband (for head of testing team).

c) Costume standard issue and period

No.	Description	Quantity	Period
1	Jacket	01 item	03 years
2	Autumn - winter shirt	02 items	03 years
3	Spring - summer shirt	02 items	03 years
4	Male pants	02 items	03 years
5	Female pants	01 item	03 years
6	Female skirt	01 item	03 years
7	Feather shoes	01 pair	03 years
8	Cravat	01 item	03 years
9	Belt	01 item	03 years
10	Socks	06 pairs	03 years
11	Red armband	01 item	03 years

d) Management and wearing of costume

Examiners shall be issued with costume to wear on duty at testing periods and preserve costume as prescribed; funding for procurement of costume shall be financed as per the law.”

16. Article 27 shall be amended as follows:

 “Article 27. Recognition of driving test results

1. Consider recognizing driving test results of driving test candidates of A1, A2, A3 and A4 class:

a) A candidate who has passed both theory test and practice test on situational diagrams shall be recognized as successful candidate;

b) An unsuccessful candidate may apply for retaking the driving test from the subsequent test to the same testing administration authority;

c) A candidate who has failed the theory test may not take the practice test on situational diagrams;

d) A candidate who has passed the theory test but has failed the practice test on situational diagrams may reserve his/her theory test result within 1 year from the date on which the result is given; if he/she wishes to retake the test, he/she must meet the age condition and has a medical fitness certificate issued by the competent health facility which remains valid as prescribed and has his/her name in the list of absent or failed candidates in the previous made by the previous testing council or testing group.

dd) A candidate who brings cell phone or communication equipment to the theory testing room or commits any fraud act to falsify the driving test results shall have his/her test suspended and driving test results cancelled.

2. Consider recognizing driving test results of driving test candidates of automatic transmission B1 class, B1, B2, C, D, E and F class:

a) A candidate who has passed the theory test and practice test via traffic situation simulator, practice test on situational diagrams and on roads shall be recognized as successful candidate;

b) An unsuccessful candidate may apply for retaking the driving test from the subsequent test to the same testing administration authority;

c) A candidate who has failed the theory test may not take the practice test via traffic situation simulator; a candidate who has failed the practice test via traffic situation simulator may not take the practice test on situational diagrams; a candidate who has failed the practice test on situational diagrams may not take the practice test on roads;

d) A candidate who has passed the theory test, the practice test via traffic situation simulator, and the practice test on situational diagrams may reserve his/her theory test result within 1 year from the date on which the last result is given; if he/she wishes to retake the test, he/she must meet the age condition and has a medical fitness certificate issued by the competent health facility which remains valid as prescribed and has his/her name in the list of absent or failed candidates in the previous made by the previous testing council or testing group.

dd) A candidate who brings cell phone or communication equipment to the theory testing room, the car for road test or commits any fraud act to falsify the driving test results shall have his/her test suspended and driving test results cancelled.

3. The testing administration authorities shall review and aggregate results and request Director General of Directorate for Roads of Vietnam or Director of the Department of Transport to make a decision on recognition of successful candidates and the attached list of successful candidates to be granted driving licenses using the form in Appendix 16a and Appendix 16b issued herewith.”

17. Point h Clause 1, Point b, Point d Clause 1, Point a, Point dd, Point e Clause 3 and Point b, Point d Clause 5 Article 28 shall be amended as follows:

a) Point h Clause 1 Article 28 shall be amended as follows:

 “h) The list of passed, absent and failed candidates;”

b) Point b Clause 2 Article 28 shall be amended as follows:

 “b) Keep and preserve theory test papers and practice test via traffic situation simulator, written record of practical test on situational diagrams in each test with full signature of the candidate and the examiner;”

c) Point d shall be added to Clause 2 Article 28 as follows:

 “d) Keep and preserve copies of documents concerning successful candidate granted driving licenses prescribed in Point b, Point c, Point d Clause 1 and Point b, Point c Clause 2 Article 9 of this Circular.”

d) Point a Clause 3 Article 28 shall be amended as follows:

 “a) Documents prescribed in Points d, g and h Clause 1 of this Article;”

dd) Point dd Clause 3 Article 28 shall be amended as follows:

 “dd) Data on monitoring collected from theory testing room, testing yard for driving on situational diagrams; data on results of theory test, practice test on situational diagrams, via traffic situation simulator and on roads.”

e) Point e shall be added to Clause 3 Article 28 as follows:

 “e) List and driving test results via traffic situation simulator.”

g) Point b Clause 5 Article 28 shall be amended as follows:

 “b) 05 years with respect to documents prescribed in Points a, b, c, d, dd, e, g, h Clause 1 of this Article;”

h) Point d Clause 5 Article 28 shall be amended as follows:

 “d) 02 years for documents prescribed in Point dd Clause 3 of this Article, graduation tests and the remaining documents;

18. Clause 2 and Clause 4 Article 30 shall be amended as follows:

a) Clause 2 Article 30 shall be amended as follows:

 “2. Promulgate a set of questions and software used for theory test to issue road motor vehicle driving licenses and provide guidelines for application nationwide; establish forms, books for management of tests and printed papers with regard to management of testing and issuance of driving licenses.”

b) Clause 4 Article 30 shall be amended as follows:

 “4. Study and build traffic situation simulator to transfer it to driving test centers to install it on computer for driving tests on an annual basis; study application of information technology to organization and management of tests, issuance of driving licenses; establish an information network linking the testing management agency affiliated to Directorate for Roads of Vietnam with test centers, testing management agency affiliated to the Department of Transport and driver training institutions.”

19. Clause 13 and Clause 14 Article 33 shall be amended as follows:

a) Clause 13 Article 33 shall be amended as follows:

 “13. An eligible driving license which is made of PET material is the driving license issued by the competent authority with the template number, date of issue, date of expiry coinciding with those in driving license information system.”

b) Clause 14 Article 33 shall be amended as follows:

 “14. Anyone who erases or falsifies information printed on the driving license, uses fake driving licenses or falsified records, uses another person’s lost driving license to operate road motor vehicles; commits other deceptive acts in order to be eligible for replacement, reissuance, new issuance of driving licenses shall have that driving license and original profile, update the data on the driving license information system revoked and take legal liability, as well as may not be issued another driving license for 05 years since the violation is detected; besides, that driving license also ceases to be valid. If re-issuance of driving license is needed, the driver must learn and participate in tests again as initial time.”

20. Point dd Clause 6, Point d Clause 7, Point b Clause 8 Article 37 shall be amended as follows:

a) Point dd Clause 6 shall be added to Article 37 as follows:

"dd) A Vietnamese holding a foreign driving license that has stayed in the foreign country under 3 months and the length of stay is not conformable with the required driving training period of the issuing country of driving license.”

b) Point b Clause 7 Article 37 shall be amended as follows:

 “d) A military driving license that enables a person to drive various classes of vehicle may be replaced with driving licenses issued by transport authorities to drive corresponding classes of vehicle; Fx class military driving license shall be changed in to C class driving license issued by transport authorities.”

c) Point b Clause 8 Article 37 shall be amended as follows:

 “b) Upon replacement of driving license, the licensing agency shall maintain records of the application for replacement of driving license (the originals in case of replacement of driving license issued by transport authority; the copies in case of replacement of foreign driving license, driving license issued by police authority or the Ministry of National Defense) within 2 years from the date of issue of the driving license; cut corner of the old license and return it to the driver for keeping (except for foreign driving license).”

21. The first paragraph of Clause 4 Article 39 shall be amended as follows:

 “4. The copy of unexpired military driving license, people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens or unexpired passport for foreigners and overseas Vietnamese; in case of any suspicion, the authority which replaces the driving license shall send a written request to Department of Vehicle and Machinery affiliated to the Ministry of National Defense for verification.”

22. Point b Clause 1 and the first paragraph Point d Clause 2 Article 40 shall be amended as follows:

a) Point b Clause 1 Article 40 shall be amended as follows:

 “b) The copy of unexpired driving license, people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens indicating number of people’s identity card or citizen’s identity card; in case of any suspicion, the authority which replaces the driving license shall send a written request to Department of Traffic Police affiliated to the Ministry of Public Security or the Department of Transport for verification;”

b) The first paragraph of Point d Clause 2 Article 40 shall be amended as follows:

 “d) The copy of unexpired police driving license, people’s identity card, citizen’s identity card or unexpired passport for Vietnamese citizens indicating number of people’s identity card or citizen’s identity card; in case of any suspicion, the authority which replaces the driving license shall send a written request to Department of Traffic Police affiliated to the Ministry of Public Security for verification.”

23. Point b Clause 1 Article 41 shall be amended as follows:

 “b) A written translation of the foreign driving license in Vietnamese guaranteed in quality by notary office or Embassy, Consulate in Vietnam for which the translator works, affixed with fan stamping and copy of the driving license; in case of Vietnamese, the consularly legalized driving license or foreign driving license in accordance with law on consular certification and consular legalization is required, except for cases of exemption as per the lawsoft;”

24. The first paragraph of Clause 1 Article 42 shall be amended as follows:

“1. The candidate shall send a set of application to the Department of Transport or by post. The application includes:”

25. Article 43 shall be amended as follows:

 “Article 43. Driver training

1. Provide training to the disabled for driving motor tricycles (used specifically for the disabled) for issuance of A1 class driving license:

a) Learners shall meet the requirements and applications as prescribed in Article 7 and 9 of this Circular and register with licensed training institutions, may take theory and practice lessons by themselves or register with the training institution to attend prescribed course if they need;

b) Vehicles for driving training: Motor tricycles (used specifically for the disabled) certificates of registration and license plates of which have been issued by competent authorities.

2. Provide training to the disabled who losses his/her right foot, right hand or left hand to enable the driving license of automatic transmission B1 class to be granted:

a) Learners must meet the requirements and applications as prescribed in Article 7, 9 hereof, register with licensed training institutions, learn the prescribed training programs and may learn theoretical subjects by themselves but must be tested for issuance of training certificates and may substitute the practice via traffic situation simulator with the practice on dual-control car;

b) Vehicles for driving training: Automatic transmission B1 class cars of the disabled or the training institution; the car must have a suitable structure so that other hand and foot of the disabled can both keep the steering wheel and easily control the turn signal lever, lights, rain windshield wipers, gear lever, and handbrake lever, foot brake pedal, accelerator pedal in any situation when driving in accordance with the design function of the car manufacturer, certified by the Vietnam Registry Department that the vehicle's control system is suitable for people with disabilities drive safely and have a driving license of dual-control car issued by a competent authority.

3. Provide training to the disabled except for those who losses his/her right foot, right hand or left hand to enable the driving license of B1 class automatic transmission to be granted:

a) Learners must meet the requirements and applications as prescribed in Article 7, 9 hereof, register with licensed training institutions, learn the prescribed training programs and may learn theoretical subjects by themselves but must be tested for issuance of training certificates;

b) Vehicles for driving training: Automatic transmission B1 class cars of the training institution.

4. Provide A1 and A4 class training (motorbikes) for ethnic minorities who are unable to read or write Vietnamese: The Department of Transport shall establish training conditions and manners appropriate to local conditions and make the submission to People’s committees of provinces and central-affiliated cities for promulgation.”

26. Article 44 shall be amended as follows:

 “Article 44. Driving test

1. Driving tests for issuance of A1 class driving license training to the disabled for driving motor tricycles (used specifically for the disabled)

a) Candidates shall drive on situational diagrams in compliance with contents and procedures of the test according to the regulations at the qualified testing center or testing yard; two examiners must sit on the testing car and directly score the driving test; and take the theory test as prescribed to enable the A1 class driving license to be granted;

b) Vehicles for driving test: Motor tricycles (used specifically for the disabled) certificates of registration and license plates of which have been issued by competent authorities;

c) Testing diagrams prescribed in Point 2.2.1.10 Section 2.2. the National technical regulation on road motor vehicles driving test center issued herewith Circular No. 79/2015/TT-BGTVT dated December 10, 2015 of the Minister of Transport.

2. Provide driving test to the disabled who losses his/her right foot, right hand or left hand to enable the driving license of B1 class automatic transmission to be granted

a) Candidates shall have sufficient applications, comply with contents and procedures of the test according to the regulations at the qualified testing center; two examiners must sit on the testing car and directly score the driving through diagrams and on road test;

b) Vehicles for driving test: Automatic transmission B1 class cars of the disabled or the training institution; the car must have a suitable structure so that other hand and foot of the disabled can both keep the steering wheel and easily control the turn signal lever, lights, rain windshield wipers, gear lever, and handbrake lever, foot brake pedal, accelerator pedal in any situation when driving in accordance with the design function of the car manufacturer, certified by the Vietnam Registry Department that the vehicle's control system is suitable for people with disabilities drive safely and have a driving license of dual-control car issued by a competent authority.

3. Provide driving test to the disabled except for those who losses his/her right foot, right hand or left hand to enable the driving license of B1 class automatic transmission to be granted

a) Candidates shall have sufficient applications, comply with contents and procedures of the test according to the regulations at the qualified testing center to enable the automatic transmission B1 class driving license to be granted;

b) Vehicles for driving test: Use eligible automatic transmission B1 class cars of the driving test center to drive on situational diagrams and on roads.

4. Provide driving test for issuance of A1, A4 class driving licenses to ethnic minorities who are unable to read or write Vietnamese by the Department of Transport according to the contents and procedures of the test, develop and submit suitable contents and plans for testing to the People’s Committee of province for consideration.”

27. Article 45 shall be amended as follows:

 “Article 45. Reports on driver training, driving tests, and issuance of driving licenses

On a monthly basis, the Department of Transport shall send a report on driving test results to the Directorate for Roads of Vietnam via driving license information system using the form prescribed in Appendix 26 issued herewith; on an annual basis, , the Department of Transport shall send a preliminary report on driver training, driving tests, and issuance of driving licenses for road motor vehicles in July and a final report in January of the next year to the Directorate for Roads of Vietnam for compilation and reporting to the Ministry of Transport.”

28. Article 47 shall be amended as follows:

 “Article 47. Transitional regulations

 “1. A1, A2, A3, A4 class licenses granted before the effective date of this Circular shall remain valid until their expiry date; upon expiration of the license, A1, A2, A3, A4 class training institutions shall comply with regulations prescribed in Clause 4 Article 4 hereof.

2. Training institutions shall apply technology to identify and monitor the attendance of car learners in road traffic law lessons (except for B1 class) from May 1, 2020; provide training in prevention and control of alcohol and beer harms when participating in traffic from January 1, 2020; use traffic situation simulator for car driving training from January 1, 2021; equip simulator cabins, devices to monitor practice time and distance of learners 6 months after the national technical regulation takes effect. While the training in prevention and control of alcohol and beer harms when participating in traffic from has not been held, the training duration of driving ethics and traffic etiquette shall include the training duration of prevention and control of alcohol and beer harms when participating in traffic; while the traffic situation simulator and simulator cabins have not been used, the driver training institutions shall develop curriculum, course book and provide training in conformity with required training duration as prescribed in Article 13, Article 14 of this Circular, in specific:

a) Number of hours for learning driving techniques of B1, B2, C class learner drivers shall include the number of hours for learning traffic situation simulator;

b) Number of hours for learning driving ethics and traffic etiquette of class upgrade learner drivers shall include the number of hours for learning traffic situation simulator;

c) Number of hours for driving practice/1 dual-control car shall include the number of hours for driving in simulator cabins.

3. The Directorate for Roads of Vietnam shall promulgate training contents of prevention and control of alcohol and beer harms when participating in traffic and provide consistent guidance nationwide before December 1, 2019.

4. Driving test centers shall install surveillance cameras in theory testing rooms, testing yards for driving on situational diagrams and transmit data to the Directorate for Roads of Vietnam and the Department of Transport before January 1, 2020; use traffic situation simulator from January 1, 2021.

5. The Directorate for Roads of Vietnam and the Department of Transport shall use traffic situation simulator for driving tests from May 1, 2021;

6. The driving license using form prescribed in Appendix 17 issued herewith shall have two-dimensional bar code (QR code) for reading and decoding fast the information in the driving license and link to the driving license management system from June 1, 2020. The driving license issued before effective date of this Circular shall remain valid until its expiry date.”

29. Appendix 15b and Appendix 17 issued together with Circular No. 12/2017/TT-BGTVT shall be replaced as follows: 

a) Appendix 15b on form of record of consolidated driving test results shall be replaced with Appendix 5 issued herewith;

b) Appendix 17 on form of road motor vehicle driving licenses shall be replaced with Appendix 6 issued herewith.

30. The following Appendixes shall be added to Circular No. 12/2017/TT-BGTVT:

a) Appendix No. 22 on form of name of training institution shall be added to Appendix 1 issued herewith;

b) Appendix No. 23 on framework curriculum on advancement training for driving instructors shall be added to Appendix 2 issued herewith;

c) Appendix No. 24 on form of certificate shall be added to Appendix 3 issued herewith;

d) Appendix No. 25 on form of examiner costume shall be added to Appendix 4 issued herewith;

dd) Appendix 26 on form of detailed report on driving test results shall be added to Appendix 7 issued herewith.

31. The following regulations shall be annulled:

Point d Clause 2 Article 9, Clause 7 Article 10, Clause 2 Article 11, Point c Clause 3 Article 19; Article 20; Point b, c, d Clause 3, Point c Clause 5 Article 28; Clause 1 Article 30; Clause 1 Article 31 of Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport on driver training, driving tests, and issuance of driving licenses for road motor vehicles.

Article 2. Entry in force and implementation

1. This Circular comes into force as of December 1, 2019.

2. The Chief of the Ministry Office, the Ministerial Chief Inspector, Directors, Directors General of Directorate for Roads of Vietnam, Directors of the Department of Transport of provinces and central-affiliated cities, heads of relevant entities shall implement this Circular./.

 

PP. MINISTER DEPUTY MINISTER Le Dinh Tho