Decree 70/2022/ND-CP amending Decrees regulating commercial road activities

DECREE

Amending and supplementing a number of articles of the Decrees regulating commercial road activities

Pursuant to the Law on Organization of the Government dated June 19, 2015 and the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Law on Investment dated June 17, 2020;

At the proposal of the Minister of Transport;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Decrees regulating commercial road activities.

Article 1. Amending and supplementing a number of articles of the Government's Decree No. 11/2010/ND-CP dated February 24, 2010, prescribing the management and protection of road infrastructure facilities (amended and supplemented with a number of articles in Decree No. 100/2013/ND-CP dated September 3, 2013, Decree No. 64/2016/ND-CP dated July 1, 2016, Decree No. 125 /2018/ND-CP dated September 19, 2018, and Decree No. 117/2021/ND-CP dated December 22, 2021)

1. To amend and supplement Clause 1 Article 12b (supplemented under Clause 2 Article 1 of Decree No. 64/2016/ND-CP dated July 1, 2016; amended and supplemented under Point b Clause 2 Article 1 of Decree No. 125/2018/ND-CP dated September 19, 2018) as follows:

“1. One set of application dossiers for approval of operations of an establishment shall be made, including:

a) A written request for approval of operations of a traffic safety investigator training establishment, made according to the form provided in Appendix VI attached to this Decree;

b) A declaration about the training establishment’s facilities;

c) A list of lecturers, including their professional qualifications and working experience.”.

2. To amend and supplement Clauses 2 and 3 Article 12b (supplemented under Clause 2 Article 1 of Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:

a) To amend Clause 2 as follows:

“2. If a granted certificate of approval of operations of a traffic safety investigator training establishment is lost or damaged, the training establishment shall submit a written request to the Department for Roads of Vietnam for re-grant of certificate of approval for operations of a traffic safety investigator training establishment. Such written request shall be made according to the form provided in Appendix VII attached to this Decree.”;

b) To amend and supplement Clause 3 as follows:

“3. Order and methods for carrying out the procedures for grant or re-grant of certificate of approval of a training establishment:

a) The applicant shall, by hand or by post system or through the online public service system, submit the dossier to the Department for Roads of Vietnam;

b) The Department for Roads of Vietnam shall receive and check the dossier:

a) In case where the dossier is directly submitted: After checking the dossier components, if the dossier is valid, the Department for Roads of Vietnam shall receive it; if the dossier is invalid, it shall give direct instructions to the applicant to complete the dossier;

b) In case where the dossier is submitted by post: If the dossier is incomplete as regulated, written instruction for completing the dossier shall be given to the applicant within 02 working days from the date of receipt of the dossier.

c) In case where the dossier is submitted through the online public service system: If the dossier is incomplete as regulated, written instruction for completing the dossier shall be given to the applicant within 02 working days from the date the applicant declares and submits the dossier.

c) The Department for Roads of Vietnam shall appraise the dossier and grant or re-grant the certificate of approval for operations of a traffic safety investigator training establishment if all conditions are satisfied.   In case of refusal to grant or re-grant the certificate, the reasons shall be specified in writing and granted to the applicant.

d) The granted or re-granted certificate of approval for operations of a training establishment shall be returned at the Department for Roads of Vietnam, or via the postal service, or through the online public service system at the request of the organization or individual.”.

3. To amend and supplement Clause 3 Article 12d (supplemented under Clause 2 Article 1 of Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:

“3. Order and methods for carrying out the procedures for certificate grant:

a) The training establishment in demand shall, by hand or by post or through the online public service system, submit the dossier to the Department for Roads of Vietnam;

b) The Department for Roads of Vietnam shall receive and check the dossier:

a) In case where the dossier is directly submitted: After checking the dossier components, if the dossier is valid, the Department for Roads of Vietnam shall receive it; if the dossier is invalid, the Department for Roads of Vietnam shall give direct instructions to the training establishment to complete the dossier;

b) In case where the dossier is submitted by post: If the dossier is incomplete as regulated, written instruction for completing the dossier shall be given to the training establishment within 02 working days from the date of receipt of the dossier;

c) In case where the dossier is submitted through the online public service system: If the dossier is incomplete as regulated, written instruction for completing the dossier shall be given to the training establishment within 02 working days from the date the training establishment declares and submits the dossier;

c) The Department for Roads of Vietnam shall appraise the dossier and grant a certificate to each trainee, with a satisfactory examination result, whose name is included in the written request of the training establishment if all required conditions are satisfied. In case of refusing to grant the certificate, a written reply clearly stating the reasons is required.

d) The certificate shall be returned at the Department for Roads of Vietnam, or via the postal service at the request of the training establishment.”.

4. To amend and supplement Clause 3 Article 12dd (supplemented under Clause 2 Article 1 of Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:

“3. Order and methods for carrying out the procedures for renewal of certificates:

a) The applicant shall, by hand or by post or through the online public service system, submit the dossier to the Department for Roads of Vietnam;

b) The Department for Roads of Vietnam shall receive and check the dossier:

In case where the dossier is directly submitted: After checking the dossier components, if the dossier is valid, the Department for Roads of Vietnam shall receive it; if the dossier is invalid, the Department for Roads of Vietnam shall give direct instructions to the applicant to complete the dossier;

In case where the dossier is submitted by post: If the dossier is incomplete as regulated, written instruction for completing the dossier shall be given to the applicant within 02 working days from the date of receipt of the dossier;

In case where the dossier is submitted through the online public service system: If the dossier is incomplete as regulated, written instruction for completing the dossier shall be given to the applicant within 02 working days from the date the applicant declares and submits the dossier;

c) The Department for Roads of Vietnam shall appraise the dossier and renew the certificate if all conditions are satisfied. In case of refusing to renew the certificate, a written reply clearly stating the reasons is required;

d) The renewed certificate shall be returned at the Department for Roads of Vietnam, or via the postal service at the request of the applicant.”.

5. To amend and supplement Clauses 2 and 3 Article 12e (supplemented under Clause 2 Article 1 of Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:

a) To amend Clause 2 as follows:

“2. The applicant shall submit one set of application dossiers for re-grant of certificates, including a written request for re-grant of certificates, using the form provided in Appendix IV attached to this Decree.”;

b) To amend and supplement Clause 3 as follows:

“3. Order and methods for carrying out the procedures for re-grant of certificates:

a) The applicant shall, by hand or by post or through the online public service system, submit the dossier to the Department for Roads of Vietnam;

b) The Department for Roads of Vietnam shall receive and check the dossier:

a) In case where the dossier is directly submitted: After checking the dossier, if the dossier is valid, the Department for Roads of Vietnam shall receive it; if the dossier is invalid, the Department for Roads of Vietnam shall give direct instructions to the applicant to complete the dossier;

b) In case where the dossier is submitted by post: If the dossier is incomplete as regulated, written instruction for completing the dossier shall be given to the applicant within 02 working days from the date of receiving the dossier;

c) In case where the dossier is submitted through the online public service system: If the dossier is incomplete as regulated, written instruction for completing the dossier shall be given to the applicant within 02 working days from the date the applicant declares and submits the dossier;

c) The Department for Roads of Vietnam shall appraise the dossier and re-grant the certificate if all conditions are satisfied. In case of refusing to re-grant the certificate, a written reply clearly stating the reasons is required;

d) The re-granted certificate shall be returned at the Department for Roads of Vietnam, or via the postal service at the request of the applicant.”.

6. To amend and supplement Appendices (supplemented under Clause 3 Article 2 of Decree No. 64/2016/ND-CP dated July 1, 2016) as follows:

a) To replace Appendix I with Appendix I attached to this Decree;

b) To replace Appendix II with Appendix II attached to this Decree;

c) To replace Appendix III with Appendix III attached to this Decree;

d) To replace Appendix IV with Appendix IV attached to this Decree;

dd) To replace Appendix V with Appendix V attached to this Decree;

e) To replace Appendix VI with Appendix VI attached to this Decree;

g) To replace Appendix VII with Appendix VII attached to this Decree.

7. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Department for Roads of Vietnam”:

a) In Clause 1 Article 12 (amended under Clause 1 Article 1 of Decree No. 64/2016/ND-CP dated July 1, 2016);

b) In Clause 5 Article 12b (supplemented under Clause 2 Article 1 of Decree No. 64/2016/ND-CP dated July 1, 2016);

c) In Clauses 1 and 5 Article 12d (supplemented under Clause 2 Article 1 of Decree No. 64/2016/ND-CP dated July 1, 2016);

d) At Point a Clause 2 Article 25.

8. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Department for Roads of Vietnam, Vietnam Expressway Authority” in Clause 4 Article 45,

Article 2. Amending and supplementing a number of articles of the Government's Decree No. 65/2016/ND-CP dated July 1, 2016, stipulating conditions for provision of driver training services and driving test services (amended under Decree No. 138/2018/ND-CP dated October 8, 2018)

1. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Department for Roads of Vietnam” in:

a) Articles 10, 11, 12, 13, 14, 19, 20, 21, 23 and 26 of Decree No. 65/2016/ND-CP dated July 1, 2016;

b) Articles 8 and 9 of Decree No. 65/2016/ND-CP dated July 1, 2016 (amended under Clause 5, Point b Clause 6 Article 1 of Decree No. 138/2018/ND-CP dated October 8, 2018).

2. To amend and supplement Point a Clause 2 Article 6 (amended under Point b Clause 2 Article 1 of Decree No. 138/2018/ND-CP dated October 8, 2018) as follows:

“a) Having vehicles of all classes for practice driving under the lawful use right of the driver training establishment; being licensed by a competent agency to practice driving. In case the training establishment provides the driving test service, based on the time of using the test vehicles for the purpose of the test, it is allowed to use the test vehicles to both conduct the driving test and train drivers but the number of test vehicles used to calculate training traffic must not exceed 50% of the number of test vehicles used for driving lessons;”.

3. To annul regulations of Point b Clause 2 Article 6.

Article 3. Implementation provision

1. This Decree takes effect on November 1, 2022.

2. This Decree annuls regulations of Point b Clause 2 Article 1 of the Government’s Decree No. 138/2018/ND-CP dated October 8, 2018, amending and supplementing a number of articles of the Government’s Decree No. 65/2016/ND-CP dated July 1, 2016, stipulating conditions for provision of driver training services and driving test services.

3. Transitional provisions

a) In case the application dossier for settlement of administrative procedures related to the provision of training traffic safety investigator services (approval of operations of traffic safety investigator training establishments, re-grant of certificates of approval of operations of traffic safety investigator training establishments, grant of certificates of traffic safety investigator; re-grant of certificates of traffic safety investigator, renewal of certificates of traffic safety investigator) has been submitted to the Department for Roads of Vietnam according to regulations before the effective date of this Decree, provisions of the Government's Decree No. 11/2010/ND-CP dated February 24, 2010, prescribing the management and protection of road infrastructure facilities (amended and supplemented under Decree No. 100/2013/ND-CP dated September 3, 2013, Decree No. 64/2016/ND-CP dated July 1, 2016, Decree No. 125/2018/ND-CP dated September 19, 2018 and Decree No. 117/2021/ND-CP dated December 22, 2021) shall continue to be complied with;

b) Certificates of approval of operations of traffic safety investigator training establishments and certificates of traffic safety investigator issued by the Directorate for Roads of Vietnam before the effective date of this Decree shall remain valid according to the prescribed time limits;

c) Certificate of driving practice teacher, driving practice car licenses, driving training licenses, certificates of eligibility for operation of driving test centers, issued by the Directorate for Roads of Vietnam before the effective date of this Decree shall remain valid.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall be responsible for the implementation of this Decree./.

* All Appendices are not translated herein.