From June 1, 2024, what is the period of revoking driving licenses required for applying for reissue in case of lending them to others in Vietnam?
- What is the period of revoking driving licenses required for applying for reissue in case of lending them to others in Vietnam?
- What is the time limit for reissuing driving licenses to divers whose driving licenses were revoked because of lending them to others?
- What are the procedures for revoking a driving license by the driving license-issuing authority in Vietnam?
- From June 1, 2024, what does the application of driving learners in Vietnam include?
What is the period of revoking driving licenses required for applying for reissue in case of lending them to others in Vietnam?
Under Clause 14, Article 33 of Circular 12/2017/TT-BGTVT amended and supplemented by Point b, Clause 24, Article 4, Circular 05/2024/TT-BGTVT, cases where driving licenses in Vietnam are revoked include:
- The driver commits deceptive acts to be eligible for issuance of the driving license;
- The driver erases or falsifies information printed on the driving license;
- The driver allows another person to use his/her driving license;
- The competent authority issues the driving license to an ineligible person;
- There are errors in pieces of information on full name, date of birth, nationality, place of residence, driving license class, date of expiry, date of issuance, signatory;
- Through health examination, the competent authority confirms that the driver uses narcotics (except for violations specified in point c and point d Clause 10 Article 5; point h and point I Clause 8 Article 6 of Decree No. 100/2019/ND-CP;
Thus, Circular 05/2024/TT-BGTVT has added the case of revoking a driving license when detecting that the driving license holder allows another person to use his/her driving license. At the same time, the Circular will officially come into force from June 1, 2024.
Therefore, from June 1, 2024, if the driver allows another person to use his/her driving license, his/her driving license may be revoked according to regulations.
What is the time limit for reissuing driving licenses to divers whose driving licenses were revoked because of lending them to others?
Under Clause 16, Article 33 of Circular 12/2017/TT-BGTVT regulating driver training, driving tests, and issuance of driving licenses for road motor vehicles, amended and supplemented by Point d, Clause 24, Article 4, Circular 05/ 2024/TT-BGTVT on cases of revocation of driving licenses:
Cases where driving licenses are revoked shall be handled as follows:
a) Driving licences revoked according to regulations in points a, b, d and e Clause 14 of this Article are invalid and the driving license-managing authority shall update data on the violation on the driving license information system from the date on which the violation is detected; in addition, the violator shall take legal liability and may not be issued with another driving license for 05 years since the violation is detected; if he/she wishes to be re-issued with the driving license, he/she shall undergo driver training and take driving tests again as initial time.
b) Regarding the driving license revoked according to regulations in point c Clause 14 of this Article, after 01 year from the effective date of the decision to revoke the driving license, if an individual wishes to be issued with a new driving licence, he/she shall register with the Department of Transport to take driving tests which indicate contents specified in Clause 4 Article 21 of this Circular again;
c) Regarding the driving license revoked according to regulations in point dd Clause 14 of this Article, if the driving license is still valid or expired for less than 03 months, regulations in Article 38 of this Circular shall be applied; if the driving license is expired for more than 03 months, regulations in Clause 1 Article 36 of this Circular shall be applied.”;
Thus, a driver who lends his/her driving license to others will have the driving license revoked. After 01 year from the effective date of the decision on revocation of the driving license, if such driver wishes to have a new driving license, he/she must register with the Department of Transport to retake the test.
What are the procedures for revoking a driving license by the driving license-issuing authority in Vietnam?
Under Clause 15, Article 33 of Circular 12/2017/TT-BGTVT amended and supplemented by Point c, Clause 24, Article 4 of Circular 05/2024/TT-BGTVT, the driving license-issuing authority shall revoke a driving license in the following order:
- The head of driving license-issuing authority issues a decision on revocation and cancellation of the driving license. Reasons for revocation and cancellation shall be specified in the decision;
- Within 05 working days from the date of receipt of the revocation decision, the driver shall submit the driving license to be revoked to the authority revoking the driving license and the driving license-issuing authority shall be responsible for revocation of the issued driving license and cancellation according to regulations;
- If the driving license-issuing authority is merged, divided or dissolved, the competent authority revoking and canceling the driving license is the authority managing driving license register.
From June 1, 2024, what does the application of driving learners in Vietnam include?
According to Article 9 of Circular 12/2017/TT-BGTVT amended by Clause 5, Article 4 of Circular 05/2024/TT-BGTVT on the application of driving learners:
(1) For a learner who learns how to drive for the first time
A learner who learns how to drive for the first time shall submit 01 application directly at the driver training institution. The application consists of:
- Application for learning, driving test and issuance of driving license;
- Copy of permanent or temporary residence card, or diplomatic or consular identity card in case where the learner is a foreigner;
- Health certificate issued by a competent medical facility as prescribed.
(2) For every applicant for license upgrade
Every applicant for license upgrade shall submit 01 application directly at the training institution and take a photo which is stored in the driving license database. The application consists of:
- Application for learning, driving test and issuance of driving license;
- Copy of permanent or temporary residence card, or diplomatic or consular identity card in case where the learner is a foreigner;
- Health certificate issued by a competent medical facility as prescribed
- Copy of lower secondary diploma or equivalent or higher in case where the applicant wishes to upgrade his/her driving license to D or E class (authentic copy is required when taking the test);
- Written declaration of the time on which the applicant works as a driver and number of kilometers of safe driving;
(3) For an ethnic who is unable to read and write Vietnamese and wishes to obtain A1 or A4 class motorbike driving license
An ethnic who is unable to read and write Vietnamese and wishes to obtain A1 or A4 class motorbike driving license shall submit 01 application directly at the training institution. The application consists of the driver's health certificate issued by a competent medical facility according to regulations.
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