05 cases of revocation of driving instructor certificate from June 01, 2024 in Vietnam

What are cases of revocation of driving instructor certificate in Vietnam when Decree 41/2024/ND-CP comes into effect? - Ms. Lan (Ha Tinh)

05 cases of revocation of driving instructor certificate from June 01, 2024 in Vietnam​ (Image from the internet)

1. Procedures for issuance of driving instructor certificates from June 01, 2024 in Vietnam

From June 01, 2024, Decree 41/2024/ND-CP comes into effect. Based on Clauses 1 and 2, Article 9 of Decree 41/2024/ND-CP, the procedures for issuing driving instructor certificates are as follows:

- The application dossier for the driving instructor certificate includes:

+ Application form as prescribed in Appendix IV attached to Decree 41/2024/ND-CP;

+ A copy of the intermediate or higher diploma (accompanied by the original for comparison, or a certified copy, or an electronic copy certified from the original);

+ A copy of the pedagogical professional certificate (accompanied by the original for comparison, or a certified copy, or an electronic copy certified from the original);

+ One color photo sized 3 cm x 4 cm with a blue background, ID card style, taken within the last 6 months.

In case the documents specified in points b and c, Clause 1, Article 9 of Decree 41/2024/ND-CP have been integrated into an electronic identification account, the presentation and verification can be done through the electronic identification account.

- Process and procedures

+ The individual who needs the driving instructor certificate for the first time must prepare 1 set of documents as specified in Clause 1 of this Article and send it directly or via postal service to the driving training institution;

+ The driving training institution receives the individual's documents, ensures the conditions for the participants as stipulated in Article 8 of Decree 41/2024/ND-CP, and conducts training according to the driving practice teacher training program as stipulated by the Ministry of Transport;

+ Within a maximum of 3 working days from the end of the training program, the training institution must send a written request using the form prescribed in Appendix V attached to Decree 41/2024/ND-CP and the individual's documents to the Department of Transport to request the issuance of the driving instructor certificate through one of the following forms: directly, by postal service, or electronic document;

+ The Department of Transport receives the list compiled by the training institution and the individual's documents; if the documents are incomplete or inaccurate, within 2 working days, a written request specifying the content and reasons must be sent to the driving training institution to supplement and complete; within a maximum of 5 working days from the date of receiving the complete documents as prescribed, the Department of Transport must organize the inspection and evaluation. If the individual does not meet the conditions, the Department of Transport must issue a written reply to the training institution, stating the reasons;

+ Within a maximum of 3 working days from the date of achieving the inspection results, the Department of Transport issues the driving instructor certificate and hands it directly to the individual or sends it via postal service, and records it in a monitoring book according to the form prescribed in Appendix VI attached to Decree 41/2024/ND-CP. If the individual does not achieve the results, the Department of Transport must issue a written notification to the individual.

2. 05 cases for revocation of driving instructor certificates from June 01, 2024 in Vietnam

Based on Clause 3, Article 9 of Decree 41/2024/ND-CP, there are 05 cases where the driving instructor certificate will be revoked:

+ Engaging in fraudulent acts to participate in the training and examination to obtain the driving instructor certificate;

+ Issued to individuals who do not meet any of the standards specified in Article 8 of Decree 41/2024/ND-CP;

+ Issued by unauthorized agencies or individuals;

+ Forged, altered;

+ Rented or lent to other training institutions without actual teaching; or rented or lent to other organizations or individuals for use.

Nguyen Minh Khoi

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