Driving Test Damages the Vehicle: Is the Center Liable for Compensation?

Based on the provisions of Clause 1, Article 18 of Circular 12/2017/TT-BGTVT:

Driving test centers are responsible for ensuring the infrastructure, testing, and scoring equipment as prescribed to conduct the examinations accurately and objectively; report to the Department of Transport and the Directorate for Roads of Vietnam when the devices and means used for testing are inaccurate, unstable, or when changing the equipment or means used for testing to handle promptly.

This regulation only mentions the responsibility of the driving test center to ensure the conditions of the infrastructure and means for the exam-takers and does not mention the responsibility of the exam-takers in directly using the vehicle.

However, considering this is also a type of civil relationship, the vehicle is an asset of the driving test center. Thus, if the exam-taker causes damage to the vehicle, the center has the full right to claim compensation for the damages incurred as stipulated in Clause 1, Article 584 of the Civil Code 2015.

To be specific:

Anyone who commits an act infringing upon the life, health, honor, dignity, reputation, property, rights, and other lawful interests of another person causing damage must compensate, except in cases where this Code, or other relevant laws, provide otherwise.

Regarding the compensation level, Clause 1, Article 585 of this Code also determines:

Actual damages must be fully and promptly compensated. The parties may agree on the compensation level, the form of compensation in money, material goods, or performing a task, the method of compensation once or multiple times, except where the law provides otherwise.

Therefore, under the above regulations, if you damage the driving test center's vehicle during the examination, you are responsible for compensating for the damages incurred, except if the center does not require compensation.

Yours sincerely!