What are the cases where the training vehicle license is revoked in Vietnam? - Hoai Ngoc (Bac Ninh)
Cases where the training vehicle license is revoked in Vietnam as of June 1, 2024 (Internet image)
Regarding this matter, LawNet would like to answer as follows:
On April 16, 2024, the Government issued Decree 41/2024/ND-CP on amendment to Decrees pertaining to management of automobile transportation, automobile driver training service, and driving test services in Vietnam
According to Clause 2, Article 11 of Decree 65/2016/ND-CP (amended in Decree 41/2024/ND-CP), the training vehicle license is revoked when:
- The license is issued to training vehicles that do not meet any of the eligibility under Clause 2 Article 3 and Clause 2 Article 6 of Decree 65/2016/ND-CP ;
- The license is edited or fabricated;
- The license is used by other organizations, individuals for driving instruction purpose;
- The license is revoked or holder thereof is dissolved;
- The license is revoked at request of training facilities;
- Training vehicles are equipped with and using at least 2 DAT devices for frauds in driving practice.
Agencies entitled to issuing training vehicle license shall revoke training vehicle license as follows:
- Within 5 working days from the date on which violation is discovered, entitled agencies shall issue decision on revocation of the certificate, inform relevant agencies for cooperation, and announce on their website;
- Training facilities holding training vehicle license must suspend the use of training vehicles where their license has been revoked when competent authority discovers violation and submit the license to issuing agencies when decision on revocation of the license enters into force.
(Clause 3, Article 11 of Decree 65/2016/ND-CP (amended in Decree 41/2024/ND-CP))
The driver training institution shall have their License to provide driver training revoked if:
- The driver training institution is found comitting illegal acts for being established or granted the License to provide driver training;
- The driver training has not been provided for 24 months from the date of issue of the License;
- The driver training institution is suspended twice or more within 18 months;
- The License to provide driver training is granted ultra-vire;
- Information stated on the existing License is illegally amended or erased ;
- The License to provide driver training is used for lease
- Training facilities dissolve as per the law;
- Driver training facilities fail to provide driver training courses for 24 consecutive months from the date on which notice on suspension is issued and conditions for providing automobile driver training services are not met;
- Driver training facilities fail to provide driver training courses for 24 consecutive months.
The competent authority granting the License to provide driver training shall carry out the revocation as follows:
- The competent authority shall release a Decision on revocation of License to provide driver training, notify to relevant agencies and publish the decision on the website of the Department of Transport.
- The driver training institution shall return the License to provide driver training to the issuer and cease the operation right after the Decision on Revocation takes effect.
(Article 16 of Decree 65/2016/ND-CP (amended in Decree 41/2024/ND-CP))
Nguyen Ngoc Que Anh
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