The Directorate for Roads of Vietnam has taken the lead in drafting and submitting to the Ministry of Transport the Draft Circular on the training, examination, and issuance of road motor vehicle driver's licenses (hereinafter referred to as the Draft Circular), and the Ministry is currently seeking public comments on this Draft. How does the Draft Circular differ from the current regulations? Below are some key points for consideration.
Regarding Standards of Driver Training Institutions
In relation to technical standards and professional expertise of driver training institutions, the Draft Circular has removed the condition concerning the number of classrooms based on the number of students enrolled in car driving lessons. Instead, it generally stipulates that driver training institutions for categories A3, A4 must have sufficient classrooms: Road Traffic Law, Structure and General Repair, Driving Techniques, Transport Business, Driver's Ethics, and Traffic Culture (may be shared with the Transport Business classroom) which should be centrally arranged, and a Practical Maintenance and Repair classroom. Additionally, if training is provided for both motorcycles and cars, the institution may share specialized classrooms, ensuring that each classroom has a minimum area of 50 m^2^.
Regarding the standards for driving instructors, besides the requirements for moral standards, health, and qualifications, the Draft Circular simplifies the standards for practical driving instructors: Having a graduation certificate from intermediate level or higher or having a corresponding driver's license for at least 5 years (except for instructors who have been granted a practical driving instruction certificate).
Furthermore, driver training institutions must always ensure the recruitment, management, and organization of professional training for practical driving instructors to meet the standards and report to the competent authority for inspection and issuance of practical driving instructor certificates as regulated.
Regarding Learners
The Draft Circular stipulates that those who wish to obtain a Category B2, C, D, E driver's license and Category F licenses must undergo retraining if they haven’t passed the primary certificate or completion certificate of the training course within more than 1 year.
Regarding the documentation of driving learners, the Draft Circular has amended and supplemented several provisions regarding the components of the dossier. First-time driving learners must prepare 1 set of documents, submitted directly at the training institution, including:
- Application form for studying and testing to obtain a driver's license according to the template;- Copies of ID card or citizen identity card, or passport with the ID card or citizen identity card number recorded for Vietnamese nationals; a valid passport for overseas Vietnamese;- Copies of a passport valid for over 06 months and a temporary residence card, permanent residence card, diplomatic ID card, or official ID card for foreigners;- Health certificate issued by an authorized medical institution as prescribed for drivers.
Regarding Driver's Licenses
In case of the first loss of a driver's license that is either still valid or has expired for less than 3 months, reissuance is considered. The dossier includes:
- Application form for exchanging or reissuing a driver's license according to the template specified in Appendix 29 attached to this Circular;- Original dossier matching the driver's license (if available);- Health certificate issued by an authorized medical institution as prescribed, except for reissuance of indefinite licenses for categories A1, A2, A3;- Copies of the ID card, citizen identity card, or valid foreign passport with the number of the ID card or citizen identity card recorded (for Vietnamese nationals), or a valid passport (for foreigners, overseas Vietnamese).
A relatively "open" provision for foreigners residing, working, or studying in Vietnam is that they can still apply for the equivalent Vietnamese driver's license if they have a diplomatic ID, official ID, temporary residence card, permanent residence card, residence card, or regular residence card valid for from 3 months and have a valid national driver's license.
Regarding Training and Testing for Disabled Persons
On this subject, the Draft Circular has specific regulations as follows:
Disabled persons who meet the conditions or do not meet the conditions to drive a Category B1 automatic transmission practice vehicle are still granted a Category B1 automatic transmission driver's license when they meet the conditions, have the required documents as regulated, and must enroll in training institutions authorized to provide training. They must complete the required duration and content of the training program and may self-study the theoretical subjects but must undergo testing and obtain a training certificate.
Regarding the Transition to PET Material Driver's Licenses
This transition is applied from 2017 onwards. Accordingly:
- Car driver's licenses and paper Category A4 driver's licenses will continue to be converted to new PET material licenses by June 30, 2017. After June 30, 2017, holders of paper driver's licenses must retake the theory test to be issued a new driver's license.- Indefinite paper driver's licenses (categories A1, A2, A3) will continue to be converted to new PET material licenses until June 30, 2021. After June 30, 2021, holders of paper driver's licenses must retake the theory test to be issued a new driver's license.
It is expected that if approved, this Circular will be effective from January 1, 2017, repealing Circular 58/2015/TT-BGTVT.