Decree 41/2024/ND-CP amend Decrees regulating the management of by-automobile transport activities
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Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Official number: | 41/2024/ND-CP | Signer: | Tran Hong Ha |
Type: | Decree | Expiry date: | Updating |
Issuing date: | 16/04/2024 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Fields: | Commerce - Advertising , Transport |
THE GOVERNMENT No. 41/2024/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Hanoi, April 16, 2024 |
DECREE
Amending and supplementing a number of articles of Decrees regulating the management of by-automobile transport activities, driver training services and driving test services
_________________
Pursuant to the Law on Organization of the Government dated June 19, 2015; Law on 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 E-Transactions dated November 29, 2005;
At the proposal of the Minister of Transport;
The Government promulgates the Decree amending and supplementing a number of articles of Decrees regulating the management of by-automobile transport activities, driver training services and driving test services.
Article 1. Amending and supplementing a number of articles of the Government's Decree No. 65/2016/ND-CP dated July 1, 2016, defining conditions for provision of driver training services and driving test services (which is amended by Decree No. 138/2018/ND-CP dated October 8, 2018 and Decree No. 70/2022/ND-CP dated September 27, 2022)
1. To amend and supplement Clause 1 Article 6 (amended at Point a Clause 2 Article 1 of Circular No. 138/2018/ND-CP dated October 8, 2018) as follows:
“1. Specialized classroom system:
a) Theory classroom: There are equipment to support teaching of the following contents: law on road traffic, driver morality, traffic safety culture, prevention and control of harms of liquor and beer abuse upon participation in traffic and fire and explosion prevention and fighting, rescue and salvage; road signal system, simulation models equipped in the form of a drawing system or designed in electronic form;
b) Automobile engineering classroom: There are projection devices to support teaching about structure, common repair and driving techniques; in case the projection devices do not have videos, simulated images, suspension system, brake system, steering system, basic driving operations (adjusting the driver's seat, driving posture, steering wheel hand positions, etc.), there must be pictures or drawings; there are engine cross-section models, force transmission systems and electrical system models; in case there are no engine cross-section models, power transmission systems and electrical system models, projection devices with videos and images must be used for simulation. The equipment of specialized tools to guide students in tire removal and installation, checking of vehicle oil and coolant (which can be arranged in a separate place); cars safely arranged to practice 2 first steps of use of gears (which can be arranged in a separate place); driving training simulators are required;
c) Driver training schools must arrange the number of theory classrooms and automobile engineering classrooms in conformity with the number of students and training programs; with less than 500 students, there must be at least 01 theory classroom and 01 automobile engineering classroom; with 500 to 1,000 students, there must be at least 02 theory classrooms and 02 automobile engineering classrooms; with over 1,000 students, there must be at least 03 theory classrooms and 03 automobile engineering classrooms.”.
2. To amend and supplement Clause 1 and Clause 4 Article 8 (amended in Clause 5 Article 1 of Circular No. 138/2018/ND-CP dated October 8, 2018) as follows:
a) To amend and supplement Clause 1 Article 8 (amended in Clause 5 Article 1 of Circular No. 138/2018/ND-CP dated October 8, 2018) as follows:
“1. General criteria: Driving instructors must meet the criteria prescribed by the law regulations on vocational education.”;
b) To amend and supplement Clause 4 Article 8 (amended in Clause 5 Article 1 of Circular No. 138/2018/ND-CP dated October 8, 2018) as follows:
“4. The provincial-level Departments of Transport shall grant certificates of practical driving instructor to teachers at driving schools under their management or to individuals.”.
3. To amend and supplement Article 9 (amended in Clause 6 Article 1, Article 2 of Decree No. 138/2018/ND-CP dated October 8, 2018 and Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September 27, 2022) as follows:
“Article 9. Procedures for grant and revocation of certificates of practical driving instructor
1. A dossier of request for grant of a certificate of practical driving instructor includes:
a) A written request made using the Form in the Appendix IV issued together with this Decree;
b) Intermediate-level or higher degree (copy with the original for comparison or certified copy or copy electronically certified from original).
c) Pedagogy certificate (copy with the original for comparison or certified copy or copy electronically certified from original).
d) 01 3x4 cm color photo with blue background, ID card size, taken within the last 06 months.
In case the papers specified at Points b and c of this Clause have been integrated into the electronic identification account, the presentation and inspection can be carried out through the electronic identification account.
2. Order of implementation
a) The requester of a certificate of practical driving instructor for the first time shall submit 01 dossier prescribed in Clause 1 of this Article in person or by post to the driver training school;
b) The driver training school shall receive the individual's dossier, ensure the conditions for the training participants as prescribed in Article 8 of this Decree and organize the training according to the professional training program for practical driving instructors in accordance with regulations of the Ministry of Transport;
c) Within no more than 03 working days from the date of completion of the training program, the training establishment shall submit a document made using the form prescribed in Appendix V issued together to this Decree and the dossier of the individual attending the training to the provincial-level Department of Transport for requesting inspection and issuance of a certificate of practical driving instructor in one of the following forms: in person, by post or online;
d) The provincial-level Department of Transport shall receive the list prepared by the training establishment and the personal dossiers; within 02 working days, make a written request for supplementation and completion of dossiers, clearly stating the content to be added and completed, and reasons, for cases where the dossiers are not complete and accurate; conduct an inspection and evaluation within no more than 05 working days from the date of receiving the complete dossiers as prescribed. In case an individual does not meet the defined conditions, the provincial-level Department of Transport must reply in writing to the training establishment, clearly stating the reason;
dd) Within no more than 03 working days from the date of passing the examination, the provincial-level Department of Transport shall grant a certificate of practical driving instructor, return the results directly or by post to the individual and enter the information into the monitoring book according to the form prescribed in Appendix VI issued together with this Decree. In case the individual does not pass the examination, the provincial-level Department of Transport must notify the individual in writing.
3. A certificate of practical driving instructor shall be revoked in the following cases:
a) Committing fraud to attend training and testing for a certificate of practical driving instructor;
b) It is granted to a person not satisfying one of the criteria prescribed in Article 8 of this Decree;
c) It is granted by an unauthorized agency or person;
d) It is erased or modified;
dd) It is rented or lent by another training institution for use but not for teaching; or rented or lent by another organization or individual for use.
4. The agency competent to grant certificates of practical driving instructor shall revoke such certificates according to the following order:
a) Within 05 working days from the date of detecting an act of violation, the competent agency shall promulgate a decision on revocation of certificate of practical driving instructor, notify relevant agencies for coordination in implementation and publish the information on its website;
b) The person possessing the revoked certificate of practical driving instructor must return the certificate to the issuing agency and stop teaching immediately after the competent agency detects his/her act of violation.”.
4. To amend and supplement Article 10 (amended at Point a, Point b Clause 7 Article 1 of Decree No. 138/2018/ND-CP dated October 8, 2018 and Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September 27, 2022) as follows:
“Article 10. Procedures for re-grant of certificates of practical driving instructor
1. A certificate of practical driving instructor shall be re-granted in case it is lost or damaged or its contents are changed.
a) The dossier of request for re-grant for cases of loss or damage includes the components specified at Point a and Point d Clause 1 Article 9 of this Decree;
b) The dossier of request for re-grant in case of changes in content includes the components specified at Point a and Point d Clause 1 Article 9 of this Decree and documents related to the corresponding changes, specifically as follows: Change in name of requester of certificate of practical driving instructor: (Legally certified) copy of the competent authority’s decision on change in name; change in date of birth, present citizen's identity card.
In case the papers specified at Point b of this Clause have been integrated into the electronic identification account, the presentation and inspection can be carried out through the electronic identification account.
2. Order of implementation
a) An individual shall submit a dossier in person, or by post, or via the online public service system to the provincial-level Department of Transport;
b) The provincial-level Department of Transport shall receive the dossier. In case the individual doesn’t fully satisfy conditions, within no more than 03 working days, the provincial-level Department of Transport must reply in writing, clearly stating the reasons;
c) Within no more than 03 working days from the date of receiving the complete dossier, the provincial-level Department of Transport shall grant a certificate of practical driving instructor, return the results directly or via public postal service and enter the information into the monitoring book according to the form prescribed in Appendix VI issued together with this Decree.”.
5. To amend and supplement Article 11 (amended at Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September 27, 2022) as follows:
“Article 11. Driving practice car licenses and competence to grant driving practice car licenses
1. The provincial-level Department of Transport shall grant driving practice car licenses for driving practice cars of training establishments managed by the locality, made using Form No. 01, Form No. 02 of Appendix VII issued together with this Decree; the validity of such licenses are corresponding to the permissible period of circulation stated on the Certificate of environmental protection and technical safety inspection of motor vehicles but does not exceed the legal term of use applicable to driving practice vehicles.
2. A driving practice car license shall be revoked in the following cases:
a) It is granted for a driving practice car that does not meet one of the conditions specified in Clause 2 Article 3 and Clause 2 Article 6 of this Decree;
b) It is erased or modified;
c) It is allowed to be used by another organization or individual for the driver training purpose;
d) The driver training school is dissolved or has its training license revoked;
dd) It is revoked at the training establishment’s request;
e) The driving practice car is installed and uses 2 or more DAT devices to commit the fraud during practical driver training.
3. The agency competent to grant driving practice car licenses shall revoke such certificates according to the following order:
a) Within 05 working days from the date of detecting an act of violation, the competent agency shall promulgate a decision on revocation of driving practice car license, notify relevant agencies for coordination in implementation and publish the information on its website;
b) The driver training school granted the driving practice car licenses must stop using cars with revoked driving practice car licenses in teaching immediately after the competent agency detects the act of violation, and return the licenses to the issuing agency right after the decision on revocation of driving practice car licenses takes effect.”.
6. To amend and supplement Clause 2 Article 12 (amended at Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September 27, 2022) as follows:
“2. Order of implementation
a) The organization shall send the list specified at Point a Clause 1 of this Article together with the dossier of request for a driver training license in person or by post to the provincial-level Department of Transport;
b) The provincial-level Department of Transport shall organize the physical inspection, make a record using the form specified in Appendix XIII issued together with this Decree and issue driving practice car licenses to the requesting organization at the time of inspection for the grant of a department of Transport shall:;
c) Within no more than 01 working day from the date of grant of driver training licenses to the training establishment, the provincial-level Department of Transport shall grant driving practice car licenses. If refusing to grant a license, the provincial-level Department of Transport shall issue a written reply, clearly stating the reason;
d) In case of re-grant of a driving practice car license or addition of driving practice cars: The training establishment shall submit a dossier with the components defined in Clause 1 of this Article in person, or by post, or via the online public service system to the provincial-level Department of Transport;
dd) Within no more than 03 working days from the date of receiving a complete dossier as prescribed, the provincial-level Department of Transport shall organize an inspection and grant driving practice car licenses to the training establishment. If refusing to grant a license, the provincial-level Department of Transport shall issue a written reply, clearly stating the reason;
e) In case of granting an electronic driving practice car license (with a two-dimensional code (QR)) connected to the provincial-level Department of Transport’s website to retrieve information about the automobile, driving practice route and circulation validity period stated on the Certificate of environmental protection and technical safety inspection of road motor vehicles, the provincial-level Department of Transport must comply with the Law on E-Transactions, documents guiding the implementation and grant an electronic driving practice car license on the website in order that the training establishment prints or stores it on electronic devices.”.
7. To amend and supplement Clause 1 and Point b, Point c Clause 2 Article 14 (amended in Article 2 of Decree No. 138/2018/ND-CP dated October 8, 2018 and Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September 27, 2022) as follows:
a) To amend and supplement Clause 1 Article 14 (amended in Article 2 of Decree No. 138/2018/ND-CP dated October 8, 2018) as follows:
“1. Such a dossier must comprise:
a) Documents attached to the report on request for the grant of a driver training license, using the form prescribed in Appendix X issued together with this Decree;
b) Decision on establishment of vocational education institution by the competent agency (copy with the original for comparison or certified copy or copy electronically certified from original);
c) Certificate of practical driving instructor (copy with the original for comparison or certified copy or copy electronically certified from original);
d) Vehicle registration certificate (copy with the original for comparison or certified copy or copy electronically certified from original).
In case the papers specified at Points b, c and d of this Clause have been integrated into the electronic identification account, the presentation and inspection can be carried out through the electronic identification account.”;
b) To amend and supplement Point b Clause 2 Article 14 (amended at Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September 27, 2022) as follows:
"b) In case the dossier is not sufficient as prescribed, within no more than 02 working days from the date of receipt of the dossier, the provincial-level Department of Transport must reply in writing to the organization or individual;”;
c) To amend and supplement Point c Clause 2 Article 14 (amended at Point b Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September 27, 2022) as follows:
“c) Within no more than 10 working days from the date of receipt of a complete dossier as prescribed, the provincial-level Department of Transport shall assume the prime responsibility for, and coordinate with the local vocational education management agency to organize an on-site inspection of the driving school, make a record using the form prescribed in Appendix XI issued together with this Decree and grant a driver training license to the qualified school. If refusing to grant a license, the provincial-level Department of Transport shall issue a written reply, clearly stating the reason;”.
8. To amend and supplement Point a Clause 1 Article 15 as follows:
“a) The dossier includes the components specified at Point a, Point c and Point d Clause 1 Article 14 of this Decree (only the contents that have been changed compared to the information of the previous licensing time are supplemented);”.
9. To add Points g, h and i to Clause 1 Article 16 as follows:
a) To add Point g to Clause 1 Article 16 as follows:
“g) Driving schools are dissolved in accordance with law regulations;”;
b) To add Point h to Clause 1 Article 16 as follows:
“h) A driving school fails to organize driver training activities after 24 consecutive months from the date of issuance of the written notice on suspension of operations without meeting the conditions for provision of car driver training service;”;
a) To add Point i to Clause 1 Article 16 as follows:
“i) A driving school fails to organize driver training activities within 24 consecutive months.”.
10. To amend and supplement Point c and Point g Clause 1 Article 18 (amended at Point a and Point b Clause 8 Article 1 of Decree No. 138/2018/ND-CP dated October 8, 2018) as follows:
a) To amend and supplement Point c Clause 1 Article 18 (amended at Point a Clause 8 Article 1 of Decree No. 138/2018/ND-CP dated October 8, 2018) as follows:
“c) Number of motor vehicles used for testing: It is required, for driving test in the form of classes A1, B1, B2 and C, at least 02 vehicles each; for other classes, at least 01 vehicle each (combining driving test in the form and on the road) and such vehicles cannot be used for other business purposes; for driving test on the road, at least 01 vehicle each is required. Vehicles used for driving test are under the lawful use rights of organizations and individuals possessing driving test centers;”;
b) To amend and supplement Point g Clause 1 Article 18 (amended at Point b Clause 8 Article 1 of Decree No. 138/2018/ND-CP dated October 8, 2018) as follows:
“g) Simulators for car driving tests: Shared with the server and workstation system of the theory testing rooms; in case of separate arrangement, at least 02 servers must be equipped; at least 10 workstations must be installed with software to simulate traffic situations as prescribed by the Ministry of Transport.”.
11. To amend and supplement Clause 3 Article 19 (amended at Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September 27, 2022) as follows:
“3. Provincial-level Departments of Transport shall grant and re-grant certificates of eligibility for operation of driving test centers in the provinces or centrally-run cities.”.
12. To amend and supplement Clause 2 Article 20 (amended at Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September 27, 2022) as follows:
“2. Order of implementation
a) An organization or individual shall send a written request attached to 01 dossier in person or by post to the provincial-level Department of Transport;
b) Within no more than 05 working days from the date of receiving a complete dossier as prescribed, the provincial-level Department of Transport shall send a written approval to the organization or individual; in case of refusal, it must reply to the organization or individual in writing, clearly stating the reason.”.
13. To amend and supplement Article 21 (amended at Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September 27, 2022) as follows:
“Article 21. Procedures for granting certificates of eligibility for operation of type 1 and type 2 driving test centers
1. The organization or individual shall, after completing the construction of the driving test center, send a written request to the provincial-level Department of Transport to conduct an inspection and grant a certificate of eligibility for operation of driving test center.
2. Within no more than 10 working days from the date of receipt of the written request, the provincial-level Department of Transport shall organize an inspection, make a records according to the form prescribed in Appendix XIV issued together with this Decree and grant a certificate of eligibility for operation of driving test center. If refusing to grant a certificate, the provincial-level Department of Transport shall issue a written reply, clearly stating the reason.”.
14. To amend and supplement Point b Clause 1 Article 23 (amended at Point a Clause 1 Article 2 of Decree No. 70/2022/ND-CP dated September 27, 2022) as follows:
“b) Within no more than 10 working days from the date of receipt of the written request, the provincial-level Department of Transport shall organize an inspection, make a records according to the form prescribed in Appendix XIV issued together with this Decree and grant a certificate of eligibility for operation of driving test center. If refusing to grant a certificate, the provincial-level Department of Transport shall issue a written reply, clearly stating the reason.”.
15. To add Points g and h to Clause 1 Article 24 as follows:
a) To add Point g to Clause 1 Article 24 as follows:
“g) A driving test center is dissolved in accordance with law regulations;”;
b) To add Point h to Clause 1 Article 24 as follows:
“h) A driving test center fails to organize driving test activities within 24 consecutive months.”.
16. To add Point d to Clause 1, amend and supplement Point a Clause 2 Article 26 (amended at Point a Clause 1 Article 1 of Decree No. 70/2022/ND-CP dated September 27, 2022) as follows:
a) To add Point d to Clause 1 Article 26 as follows:
"d) Define regulations and instructions on the management and use of data from devices monitoring driving practice time and distance.”.
b) To amend and supplement Point a Clause 2 Article 26 as follows:
"a) Organize the implementation, inspection and examination of compliance with the conditions prescribed in this Decree; organize training and guide provincial-level Departments of Transport on inspection and grant of certificates of eligibility for operation of driving test centers;”;
17. To replace Appendices to Decree No. 65/2016/ND-CP as follows:
a) To replace Appendix III with Appendix I issued together with this Decree;
b) To replace Appendix IV (replaced by Appendix IV to Decree No. 138/2018/ND-CP) with Appendix II issued together with this Decree;
c) To replace Appendix V with Appendix III issued together with this Decree;
d) To replace Appendix VII with Appendix IV issued together with this Decree.
18. To add Appendix XIII, Appendix XIV to Decree No. 65/2016/ND-CP corresponding to Appendix V and Appendix VI issued together with this Decree, respectively.
19. To repeal Clause 2 Article 7, Point a Clause 3 Article 13 and Point a Clause 3 Article 26.
Article 2. Amending and supplementing a number of articles of the Government's Decree No. 10/2020/ND-CP dated January 17, 2020 providing for by-automobile transport business and its conditions (which is amended and supplemented by Decree No. 47/2022/ND-CP dated July 19, 2022)
1. To replace the phrase “the Directorate for Roads of Vietnam” with “the Department for Roads of Vietnam” at: Point a Clause 3, Clause 4 Article 12; Point c Clause 7 Article 19; Point b and Point d Clause 5, Clause 13 Article 22; Point d Clause 5 Article 34; Appendix I, Appendix III.
2. To amend and supplement Point a Clause 3 and Clause 8 Article 4 as follows:
a) To amend and supplement Point a Clause 3 as follows:
“a) Provincial-level Departments of Transport shall: Develop, adjust and supplement the list of intra-provincial fixed route networks; agree with the provincial-level Department of Transport of the other end of the route to develop, adjust and supplement the list of inter-provincial fixed route networks according to the principle of stabilizing the announced routes; for provinces and cities with car stations, it is required to ensure that the organization of transportation according to the route direction must comply with the principle that the starting and ending points of the transport route are the car stations in the directions of such transport route;”;
b) To amend and supplement Clause 8 as follows:
“8. The passenger car station must use the passenger car station management software to manage the activities of cars that enter or exit car stations and provide information (including: name of car station; name of transport enterprise or cooperative; full name of driver; license plate number; route of operation; departure time; and real number of passengers upon exit) in transport orders of each car operating at passenger car stations to the Department for Roads of Vietnam. Enterprises and cooperatives conducting the business of passenger transport along fixed routes by automobiles must store transport orders of their completed trips for at least 03 years.”.
3. To amend and supplement Clause 4 Article 5 as follows:
“4. Enterprises and cooperatives conducting the business of passenger transport by bus must store transport orders of their completed trips for at least 03 years.”.
4. To amend and supplement Clause 5 Article 7 as follows:
“5. Contracted passenger transport business units must store their transport contracts and lists of passengers for at least 03 years.”.
5. To amend and supplement Clause 5 Article 8 as follows:
“5. Transport business units may use their vehicles for tourism for contracted passenger transport; must store their transport contracts or travel contracts and lists of passengers for at least 03 years.”.
6. To amend and supplement Clause 11 Article 9 as follows:
“11. A written or electronic transport paper may be issued by goods transport business units themselves and must contain at least the following information: name of transport unit; license plate number; name of transport hiring unit or person; itinerary (starting and ending points); contract number, date of signing of the contract (if any); and type and weight of goods transported on the vehicle. Goods transport business units must store electronic transport papers of their completed trips for at least 03 years.”.
7. To amend and supplement Point d Clause 3 Article 11 as follows:
“d) To write and fully update prescribed contents on the operation process of the vehicles and drivers to the vehicles’ and drivers’ operation records;”.
8. To amend and supplement Point a Clause 1, Point b, Point dd and Point e Clause 6, Point d Clause 7 Article 19 as follows:
a) To amend and supplement Point a Clause 1 Article 19 as follows:
“a) The transport business unit shall submit 1 dossier of application for a business license to the provincial-level Department of Transport where the head office or branch office of the transport business unit is located. In case the dossier needs modification or supplementation, within 3 working days from the date of receiving the dossier, the licensing agency shall notify directly or in writing, or via the online public service system the contents to be modified or supplemented to the transport business unit;”.
b) To amend and supplement Point b Clause 6 Article 19 as follows:
“b) Failing to conduct transport business of all transport types stated on its business license within 6 months or more, from the issuance date of the business license or suspending its transport business of all transport types stated on its business license for 6 consecutive months or more.”;
c) To add Points dd and e to Clause 6 Article 19 as follows:
"dd) Failure to comply with decisions on inspection and examination of the compliance with regulations on by-automobile transport business and its conditions by competent agencies;
e) Within 01 month, 30% or more of the unit's vehicles are subject to handling of violation by revocation or have badges and signboards revoked.”;
d) To amend and supplement Point d Clause 7 Article 19 (amended and supplemented in Clause 7 Article 1 of Decree No. 47/2022/ND-CP dated July 19, 2022) as follows:
“d) When the licensing agency issues a decision on revocation of the business license for the type of transport with violation; within 10 days from the signing date, the transport business unit shall return its business license, badges and signboards to the former and stop its transport business activities specified in the revocation decision.
In case the transport business unit returns its business license, badges and signboards in accordance with the revocation decision, the licensing agency shall only re-grant the business license after 30 days from the date the transport business unit fully returns its business license, badges and signboards under the revocation decision.
In case of beyond the time limit of 10 days from the date the licensing agency issues a decision on revocation of business license for the type of transport business with violation, the transport business unit fails to return or fails to fully return its business license, badges and signboards according to the revocation decision, the provincial-level Department of Transport shall only re-grant the business license after 45 days from the date the transport business unit fully returns its business license, badges and signboards under the revocation decision”.
9. To amend and supplement Clause 1, Point a and Point c Clause 2, Clause 7, Clause 9 and Clause 10 Article 20 as follows:
a) To amend and supplement Clause 1 Article 20 as follows:
“1. Based on the list of the fixed passenger transport route network and the route operation chart already announced and updated in the list of the fixed passenger transport route by the Ministry of Transport, enterprises and cooperatives that have the licenses for the business of by-automobile transport along fixed routes may choose the departure time and register for operating routes at the time that is not yet registered by other transport units.”;
b) To amend and supplement Point a Clause 2 Article 20 as follows:
“a) Transport business enterprises and cooperatives shall make a plan and reach agreement with the car stations in two ends of the route on the departure time and send it to the provincial-level Department of Transport of the locality where the head offices or branch offices of the transport business units are located to register operation of the route as prescribed and to the provincial-level Departments of Transport of the locality in the other end of the route for coordination of management;”;
c) To amend and supplement Point c Clause 2 Article 20 as follows:
“c) The provincial-level Department of Transport (of the locality where the head office or branch office of the transport business unit is located) shall assume the prime responsibility for updating and adding information to the detailed list of routes as prescribed at Points a and b, Clause 3, Article 4 of this Decree, granting badges for vehicles; organize the updating, supplementation and announcement of the list of route network in accordance with the Minister of Transport’s guidance.”;
d) To amend and supplement Clause 7 Article 20 as follows:
“7. Enterprises or cooperatives may suspend the operation of the route or a number of trips on the route.
a) 05 days before the suspension of operation of the route, enterprises or cooperatives shall send a notice to the provincial-level Department of Transport, the car stations in the two ends of the route; and return the badge of fixed route car to the provincial-level Department of Transport at the day of suspension of operation of the route. The car stations in the two ends of the route shall post the notice at the car stations for at least 10 days from the date of receipt of the notice from the enterprises or cooperatives;
b) Within 2 working days from the day of suspension of operation of the route, the provincial-level Department of Transport shall update the contents prescribed at Points a and b Clause 3 Article 4 of this Decree.”;
dd) To amend and supplement Clause 9 Article 20 as follows:
“9. Enterprises and cooperatives will have their route operation registration revoked for the operating route if they operate less than 70% of the total number of trips of the registered route within one month.”;
e) To amend and supplement Clause 10 Article 20 as follows:
“10. The provincial-level Department of Transport issuing the notice of successful registration of route operation shall revoke the registration of route operation for the operating route according to the order as follows:
a) Issue a decision on revocation. In case the registered route has only 01 trip or only less than 70% of the total number of registered trips operate for all trips of the route, it shall revoke the notice of successful registration of route operation and the issued badges for the vehicles operating on the route;
b) Send the revocation decision to the enterprises, cooperatives, car stations in two ends of the route, the provincial-level Department of Transport of the locality in the other end of the route and post the information on the provincial-level Department of Transport’s website;
c) Within 2 working days from the date of issuance of the revocation decision, update the departure time information of the trip of which the registration of route operation is revoked into the fixed passenger transport route management software of the Ministry of Transport so that other enterprises and cooperatives can register to operate the route in accordance with this Decree;
d) Within 30 days from the effective date of the revocation decision, the enterprise or cooperative whose registration of route operation is revoked shall not be allowed to register to operate on the route with trips of which the registration of route operation is revoked. After 30 days from the effective date of the revocation decision, if wishing to continue conduct the business on the route with the trip of which the registration of route operation is revoked, the enterprise or cooperative must carry out the procedure for registration of route operation in accordance with this Decree.”.
10. To amend and supplement Point a Clause 5 Article 22 as follows:
“a) A transport business unit shall send 1 dossier of request for grant of badges to the provincial-level Department of Transport from which it has obtained its business license; in case a passenger transport business unit on a fixed route needs to use a shuttle bus, it must submit 1 dossier of application for grant of the “XE TRUNG CHUYEN” (Shuttle bus) badge to the provincial-level Department of Transport from which it has obtained its business license or provincial-level Department of Transport of the locality in the other end of the route. In case the dossier needs modification and supplementation, within 1 working day after receiving it, the badge-granting agency shall notify directly or in writing, or via the online public service system the contents to be modified or supplemented to the transport business unit;”.
11. To amend and supplement Clause 11 and Point a Clause 12 Article 22 as follows:
a) To amend and supplement Clause 11 Article 22 as follows:
“11. A provincial-level Department of Transport shall
a) Issue a decision and revoke the badges and signboards granted by its agencies to a transport business unit whose badges and signboards are revoked under Clause 10 of this Article, Point d Clause 7 Article 19 of this Decree;
b) Within 02 days from the date of issuance of the decision, the provincial-level Department of Transport must post the revocation decision on its website;
c) When the agency granting the badges and signboards issues a revocation decision, within 10 days from the date of signing, the transport business unit must return the badges and signboards to the granting agency and simultaneously stop its transport business activities of the vehicles with revoked badges and signboards.
In case the transport business unit returns its badges and signboards in accordance with the revocation decision, the provincial-level Department of Transport shall only grant or re-grant such badges and signboards after 30 days (60 days for the second-time violation within 06 consecutive months) from the date the transport business unit returns the badges and signboards to the provincial-level Department of Transport.
In case of beyond the time limit 10 days from the day the agency granting badges and signboards issues the decision on revocation of badges and signboards but the transport business unit doesn’t return them, the provincial-level Department of Transport shall only grant or re-grant such badges and signboards after 45 days (90 days for the second-time violation within 06 consecutive months) from the date the transport business unit returns the badges and signboards to the provincial-level Department of Transport;
d) Revoke badges and signboards when the transport business unit submits a report and returns the badges and signboards in case it no longer uses the vehicles for transport business;
dd) After the transport business unit returns its badges and signboards, the provincial-level Department of Transport shall remove the information about the vehicles’ status in the itinerary tracking data system;
e) Do not handle the grant or re-grant of badges and signboards for a transport business unit that violates regulations and has its badges and signboards revoked but does not execute the decision on revocation of badges and signboards; after the transport business unit has execute the decision on revocation of badges and signboards, the granting agency shall handle the matter in accordance with this Decree. In case the transport business unit requests to grant or re-grant badges and signboards due to loss after the decision on revocation of badges and signboards is issued, within 60 days from the date of receipt of the document from the transport business unit, the provincial-level Department of Transport shall not grant or re-grant badges and signboards.”;
b) To amend and supplement Point a Clause 12 Article 22 as follows:
“a) The transport business unit must access the provincial-level Department of Transport’s website to check the information on revocation of its business license, badges and signboards; return its badges and signboards to the provincial-level Department of Transport when its business license, badges and signboards are revoked. In case a vehicle is no longer used for transport business, within 10 days from the date of cessation of business activities, the transport business unit must send a written report with the badges and signboards to the provincial-level Department of Transport from which it has obtained its badges and signboards (except for the case of loss);”.
12. To amend and supplement Clause 2 Article 23 as follows:
“2. To organize the formulation and announcement of the list of roadside stations along national highways; to develop a software for management of fixed passenger transport routes; to guide the organization, management and criteria of establishment of routes and stopping points for passenger pick-up and drop-off on fixed routes, and form of the transport order; and the inspection of the conditions required for automobiles and drivers and confirmation on transport orders.”.
13. To amend and supplement Clause 4 Article 33 as follows:
“4. To build and make public the list of the bus route networks within provinces and connected to adjacent provinces; stopping and parking points for vehicles used for transport business to pick up and drop off passengers in localities.”.
14. To amend the content No. 5 in Appendix I as follows:
“5. Business registration certificate or enterprise registration certificate No. …………; Tax identification number: …………. (in case a transport business unit is cooperative or business household, a copy of business registration certificate is required)”.
15. To repeal a number of regulations as follows:
a) Regulations at Point d Clause 3 Article 7, Point d Clause 3 Article 8 and Point d Clause 9 Article 22 of the Government's Decree No. 10/2020/ND-CP dated January 17, 2020, providing by-automobile transport business and its conditions;
b) The content “4. By-automobile transport business license No. ...... granted by... (name of granting agency) on.....” in Appendix III;
c) The content “4. By-automobile transport business license No. ...... dated..... by....” in Appendix V.
Article 3. Amending and supplementing a number of articles of the Government’s Decree No. 119/2021/ND-CP dated November 24, 2021, providing regulations on order and procedures for grant, re-grant and revocation of cross-border road transport permits
1. To replace the phrase “the Directorate for Roads of Vietnam” with the phrase “the Department for Roads of Vietnam” in:
Article 6, Article 8, Article 11, Article 13, Article 17, Article 18, Article 19, Article 22, Article 28, Article 29, Article 31, Article 34, Article 35, Article 38, Article 39, Article 40; Form No. 02 Appendix I; Form No. 02 Appendix II; Form No. 15 Appendix III; Form No. 08, Form No. 10, Form No. 12, Form No. 13, Form No. 14, Form No. 15 of Appendix IV; Form No. 03, Form No. 11, Form No. 13, Form No. 14, Form No. 15, Form No. 16 of Appendix V.
2. To amend and supplement Clause 2 Article 3 as follows:
“2. Vehicles include: Automobiles, goods transport vehicles; tractors; trailers, semi-trailer pulled by automobiles, special-use vehicles on the road.”.
3. To amend and supplement Clause 2 Article 5 as follows:
“2. Cross-border transport permits are granted by competent agencies for vehicles used to conduct international road transport activities.
a) A cross-border transport permit granted for a commercial vehicle which is valid for 1 year from the date of grant, may be used many times, but not more than 30 days/trip, except for the cases specified at Points b, c and d of this Clause;
b) A Vietnam-Laos cross-border transport permit granted for a vehicle of an enterprise in service of their works, projects or business activities implemented in the territory of Laos, which is valid for 1 year from the date of grant, may be used many times, but not more than 30 days/trip;
c) A Vietnam-Laos cross-border transport permit for a commercial vehicle, applicable to vehicles used to conduct contracted passenger transport and vehicles used to conduct tourist transport, may be used many times and is granted according to duration of the trip or time of the travel, but not more than 30 days;
d) Vietnam-Cambodia cross-border transport permits for commercial vehicles are classified into 2 types: Type 1 permits, which is valid for at most 01 year, may be used many times, but not more than 30 days/trip; Type 2 permits, which is valid for at most 30 days, shall be used once;
dd) Vietnam - Laos or Vietnam - Laos - Cambodia cross-border transport permits for non-commercial vehicles, may be used many times and are granted according to duration of the trips, but not more than 30 days;
e) Vietnam - Laos cross-border transport permits for the state-owned vehicles and vehicles of diplomatic missions, international organizations between Vietnam - Laos, may be used many times and is granted according to duration of the trips, but not more than 01 year;
g) Vietnam-Cambodia cross-border transport permits granted for a non-commercial vehicles (excluding fire trucks and ambulances for which the permits are exempted in accordance with the Agreement on road transport signed between Vietnam and Cambodia) are classified into 2 types: Type 1 permits, which is valid for at most 01 year, may be used many times, but not more than 30 days/trip; Type 2 permits, which is valid for at most 30 days, shall be used once.”.
4. To amend and supplement Point d Clause 4 Article 6 as follows:
“d) The notification of dossier processing results shall be carried out at the head office of the licensing agency or by post in accordance with regulations.”.
5. To amend and supplement Point d Clause 4 and Clause 5 Article 8 as follows:
a) To amend and supplement Point d Clause 4 Article 8 as follows:
“d) The notification of dossier processing results shall be carried out at the head office of the licensing agency or by post in accordance with regulations.”;
b) To amend and supplement Clause 5 Article 8 as follows:
“5. In case the ASEAN cross-border transport permit expires, or is still valid but there are no more pages in order that the management agencies at the border gates stamp for certification, the transport unit shall compile a dossier of request for re-grant of the permit in accordance with Clause 2 and Clause 4 of this Article; in case the ASEAN cross-border transport permit is damaged or lost, the transport unit shall compile a dossier of request for re-grant of the permit in accordance with Point a Clause 2 and Clause 4 of this Article.”.
6. To amend and supplement Point d Clause 1 Article 9 as follows:
“d) The by-automobile transport business permit or ASEAN road transport permit or badge or signboard of the vehicle is revoked by the competent agency;”;
7. To amend and supplement Point d Clause 4 Article 11 as follows:
“d) The notification of dossier processing results shall be carried out at the head office of the licensing agency or by post in accordance with regulations.”.
8. To amend and supplement Point d Clause 4 and Clause 5 Article 13 as follows:
a) To amend and supplement Point d Clause 4 Article 13 as follows:
“d) The notification of dossier processing results shall be carried out at the head office of the licensing agency or by post in accordance with regulations.”;
b) To amend and supplement Clause 5 Article 13 as follows:
“5. In case the GMS cross-border transport permit or TAD expires, or is still valid but there are no more pages in order that the management agencies at the border gates stamp for certification, the transport unit shall compile a dossier of request for re-grant of the permit in accordance with Clause 2 and Clause 4 of this Article; in case the GMS cross-border transport permit or TAD is damaged or lost, the transport unit shall compile a dossier of request for re-grant of the permit in accordance with Point a Clause 2 and Clause 4 of this Article.”.
9. To amend and supplement Point d Clause 1 Article 14 as follows:
“d) The by-automobile transport business permit or GMS road transport permit or badge or signboard of the vehicle is revoked by the competent agency;”.
10. To amend and supplement the title of Clause 5, Point c Clause 5, Clause 6 and Clause 7 Article 17 as follows:
a) To amend and supplement the title of Clause 5 Article 17 as follows:
“5. The order and procedures for grant of transport permits of types A, E; transport permits of types B, C, F, G for the first time in a year are prescribed as follows:”;
b) To amend and supplement Point c Clause 5 Article 17 as follows:
“c) The notification of dossier processing results shall be carried out at the head office of the licensing agency or by post in accordance with regulations;”;
c) To amend and supplement Clause 6 Article 17 as follows:
“6. The order and procedures for grant of transport permits of types B, C, F, G for the second time or more in a year are prescribed as follows:
a) The driver or employee of the transport business unit that has been granted a transport permit of type B, C, F or G for the first time shall present a vehicle registration certificate to the provincial-level Department of Transport of the province specified in Clause 4 of this Article;
b) The Department of Transport of the province specified in Clause 4 of this Article shall, based on the list of vehicles that have been granted a transport permit of of type B, C, F or G for the first time, grant a transport permit of type B, C, F or G for the second time or more in a year.”;
d) To amend and supplement Clause 7 Article 17 as follows:
“7. In case the transport permit of type A, B, C, E, F or G of a Vietnam's vehicle is damaged or lost, an organization or unit conducting transport activities shall compile a dossier of request for re-grant of permits in accordance with Point a Clause 2, Clause 3, Clause 5 and Clause 6 of this Article.”.
11. To amend and supplement Clause 3 and Point b, Point c Clause 4 Article 18 as follows:
a) To amend and supplement Clause 3 Article 18 as follows:
“3. Recommendation agencies: The provincial-level Departments of Transport of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh and Lao Cai provinces shall, based on the transport routes and border gate pairs under their management, recommend Vietnamese transport business units to the China’s competent agency.";
b) To amend and supplement Point b Clause 4 Article 18 as follows:
“b) Within 2 working days after receiving a valid dossier as prescribed, the provincial-level Departments of Transport of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh and Lao Cai provinces shall recommend the transport business unit to the China's competent agency. In case of refusal, a written notice or notice sent through the online public service system, which clearly states the reason, is required;”;
c) To amend and supplement Point c Clause 4 Article 18 as follows:
“c) The notification of dossier processing results shall be carried out at the head office of the recommendation agency or by post in accordance with regulations.”.
12. To amend and supplement Clause 3, Point c Clause 4 Article 19 and add Clause 5 Article 19 as follows:
a) To amend and supplement Clause 3 Article 19 as follows:
“3. Competence to grant permits: The provincial-level Departments of Transport of Lai Chau, Ha Giang, Cao Bang, Lang Son, Quang Ninh and Lao Cai provinces shall, based on the transport routes and border gate pairs under their management, grant permits of type D to Chinese vehicles used for transport.”;
b) To amend and supplement Point c Clause 4 Article 19 as follows:
“c) The notification of dossier processing results shall be carried out at the head office of the licensing agency or by post in accordance with regulations;”.
c) To add Clause 5 Article 19 as follows:
“5. In case a transport permit of type D expires, the Chinese transport unit shall compile a dossier of request for re-grant of permit in accordance with Clause 2 and Clause 4 of this Article; if the transport permit of type D is damaged or lost, the Chinese transport unit shall compile a dossier of request for re-grant of permit in accordance with Point a Clause 2 and Clause 4 of this Article.”.
13. To amend and supplement Point b Clause 1 Article 20 as follows:
“b) By-automobile transport business permit or badge or signboard of the vehicle is revoked by the competent agency;”.
14. To amend and supplement Clause 3 and Point d Clause 4 Article 23 as follows:
a) To amend and supplement Clause 3 Article 23 as follows:
“3. Competence to grant permits: Departments of Transport of provinces and centrally-run cities.”;
b) To amend and supplement Point d Clause 4 Article 23 as follows:
“d) The notification of dossier processing results shall be carried out at the head office of the licensing agency or by post in accordance with regulations.”.
15. To amend and supplement the title of Point b Clause 3, Point c Clause 5 and Clause 6 Article 25 as follows:
a) To amend and supplement Point b Clause 3 Article 25 as follows:
“b) A copy of the car registration certificate or a copy of the appointment slip for car registration certificate issued by the registration-granting agency or a copy issued from the original record of the car registration certificate. In case the vehicle is not owned by the organization, a copy of the written vehicle hire contract is also required;”;
b) To amend and supplement Point c Clause 5 Article 25 as follows:
“c) The notification of dossier processing results shall be carried out at the head office of the licensing agency or by post in accordance with regulations.”;
c) To amend and supplement Clause 6 Article 25 as follows:
“6. In case the Vietnam-Laos cross-border transport permit expires, or is still valid but there are no more pages in order that the management agencies at the border gate stamp for certification, the organization, individual or transport unit shall compile a dossier of request for re-grant of the permit in accordance with Clause 2, Clause 3 and Clause 5 of this Article; in case the Vietnam-Laos cross-border transport permit is damaged or lost, the organization, individual or transport unit shall compile a dossier of request for re-grant of the permit in accordance with Point a Clause 2, Point a Clause 3 and Clause 5 of this Article.”.
16. To amend and supplement Point b Clause 1 Article 26 as follows:
“b) The by-automobile transport business permit or Vietnam-Laos international road transport permit or badge or signboard of the vehicle is revoked by the competent agency;”.
17. To amend and supplement Clause 8 Article 31 as follows:
“8. In case the Vietnam-Cambodia cross-border transport permit expires, or is still valid but there are no more pages in order that the management agencies at the border gate stamp for certification, the organization, individual or transport unit shall compile a dossier of request for re-grant of the permit in accordance with Clause 2, Clause 3 and Clause 7 of this Article; in case the Vietnam-Cambodia cross-border transport permit is damaged or lost, the organization, individual or transport unit shall compile a dossier of request for re-grant of the permit in accordance with Point a Clause 2, Point a Clause 3 and Clause 7 of this Article.”.
18. To amend and supplement Point d Clause 1 Article 32 as follows:
“d) The by-automobile transport business permit or Vietnam-Cambodia international road transport permit or badge or signboard of the vehicle is revoked by the competent agency;”.
19. To amend and supplement Point c Clause 7 and Clause 8 Article 35 as follows:
a) To amend and supplement Point c Clause 7 Article 35 as follows:
“c) The notification of dossier processing results shall be carried out at the head office of the licensing agency or by post in accordance with regulations.”;
b) To amend and supplement Clause 8 Article 35 as follows:
“8. In case the Vietnam-Laos-Cambodia cross-border transport permit expires or is still valid but there are no more pages in order that the management agencies at the border gates stamp for certification, the organization, individual or transport unit shall compile a dossier of request for re-grant of the permit in accordance with Clause 2, Clause 3 and Clause 7 of this Article; in case the Vietnam-Laos-Cambodia cross-border transport permit is damaged or lost, the organization, individual or transport unit shall compile a dossier of request for re-grant of the permit in accordance with Point a Clause 2, Point a Clause 3 and Clause 7 of this Article.”.
20. To amend and supplement Point dd Clause 1 Article 36 as follows:
“dd) The by-automobile transport business permit or Vietnam-Laos international road transport permit or Vietnam-Cambodia international road transport permit or badge or signboard of the vehicle is revoked by the competent agency.”.
21. To add Article 41a of Decree No. 119/2021/ND-CP as follows:
“Article 41a. The Department for Roads of Vietnam
Manage and organize the printing of national distinguishing symbol and types of licenses granted by the Department for Roads of Vietnam according to the forms specified in Appendix I, Appendix II, Appendix III, Appendix V and Appendix VI of this Decree.”.
22. To add Article 41b of Decree No. 119/2021/ND-CP as follows:
“Article 41b. Provincial-level Departments of Transport
1. Manage and organize the printing of national distinguishing symbol and types of licenses granted by provincial-level Departments of Transport according to the forms specified in Appendix III, Appendix IV, Appendix V and Appendix VI of this Decree.
2. The provincial-level Departments of Transport of the provinces of Quang Ninh, Lang Son, Cao Bang, Ha Giang, Lao Cai, and Lai Chau shall carry out the exchange and receipt of all types of transport licenses with China.”.
23. To replace Appendices to Decree No. 119/2021/ND-CP as follows: To replace Form No. 04 of Appendix I; Form No. 03, Form No. 04, Form No. 05, Form No. 06, Form No. 07, Form No. 08, Form No. 09, Form No. 10, Form No. 11 of Appendix III; Form No. 03 of Appendix IV; Form of the badge of Vietnam-Laos-Cambodia cross-border transport permits in Form No. 04, Form No. 08, Form No. 10, Form No. 11, Form No. 12, Form No. 13 of Appendix VI with Appendix VII, Appendix VIII, Appendix IX, Appendix X issued together with this Decree, respectively.
24. To amend the content No. 4 in Form No. 01 of Appendix I; Form No. 01 of Appendix II, Form No. 01, Form No. 13 of Appendix III; Form No. 01 of Appendix IV; Form No. 01 of Appendix V as follows:
“4. By-automobile transport business license No. ..... date of issuance: …………….”.
25. To amend the content No. 4 in Form No. 03 of Appendix I as follows:
“4. ASEAN road transport permit No. date of issuance: …………….”.
26. To amend the content No. 2 of No. 4 in Form No. 05 of Appendix I as follows:
“- ASEAN cross-border transport permit No......on the date of ………. (dd/mm/yyyy)”.
27. To amend the content No. 4 of Form No. 03 in Appendix II as follows:
“4. GMS road transport permit No. ....date of issuance: …………..”.
28. To amend the content No. 2 in No. 4 of Form No. 06 in Appendix II as follows:
“- GMS Road Transport Permit No. ………. on the date of …………….. (dd/mm/yyyy)”.
29. To amend the content No. 5 of Form No. 12 in Appendix III as follows:
“5. Transport permit of type …………… on the date of …………..”.
30. To amend the content No. 4 of Form No. 04 in Appendix IV, content No. 4 of Form No. 08 in Appendix IV, content No. 4 of Form No. 14 in Appendix IV as follows:
“4. Vietnam-Laos international road transport permit No. ....date of issuance: .............”.
31. To amend the content No. 4 of Form No. 07 in Appendix IV as follows:
“4. Laos - Viet Nam vehicle cross-border transport permit No. ……… on the date of ………….”.
32. To amend the content No. 4 of Form No. 04, Form No. 09, Form No. 13 and Form No. 15 in Appendix V as follows:
“4. Vietnam-Cambodia international road transport permit No. ....date of issuance: …………….”.
33. To amend the content No. 4 of Form No. 05 in Appendix V as follows:
“4. Vietnam-Cambodia international road transport permit (for transport business units) No. ....date of issuance: ………..”.
34. To amend the content No. 5 of Form No. 08 in Appendix V as follows:
“5. Vietnam-Cambodia cross-border transport permit No. ……… on the date of ………….”.
35. To amend the content No. 4 of Form No. 01 in Appendix VI as follows:
“4. Vietnam-Laos international road transport permit or/and Vietnam-Cambodia international road transport permit No. ....date of issuance: …………”.
36. To amend the content No. 4 of Form No. 02 in Appendix VI as follows:
“4. Vietnam-Laos international road transport permit or/and Vietnam-Cambodia international road transport permit (for transport business units) No. ....date of issuance: …………”.
37. To amend the content No. 4 of Form No. 05 in Appendix VI as follows:
“4. Vietnam-Laos-Cambodia cross-border transport permit No. ……… on the date of ………….”.
38. To repeal Point a Clause 4 Article 25, Point b Clause 4 Article 31, Point b Clause 4 Article 35.
39. To repeal the phrase “provincial-level Departments of Transport and Construction” in Clause 2 Article 10; Clause 2 Article 15; Point b Clause 4 Article 17; Clause 2 Article 21; Point b Clause 3 Article 22; Point b Clause 4 Article 25; Clause 2 Article 27; Clause 2 Article 33; Clause 5 Article 35; Clause 2 Article 37; Clause 3 Article 38.
40. To repeal the phrase “provincial-level Departments of Transport and Construction” in Form No. 15 of Appendix III.
Article 4. Transitional provisions
1. Certificates of practical driving instructor, driving practice car licenses, driver training licenses, certificates of eligibility for operation of driving test centers, issued by the competent agencies before the effective date of this Decree shall remain valid until the expiration date.
2. Driver training schools must equip distance and time measuring device for driving school vehicles of students on driving practice cars on the grounds for driving practice from the effective date of the Technical regulation replacing Technical regulation QCVN 105:2020/BGTVT (National technical regulation on distance and time measuring device for driving school vehicles).
3. For dossiers of request for certificates of eligibility for operation of driving test centers that have been received by the Department for Roads of Vietnam for settlement before the effective date of this Decree, Decree No. 65/2016/ND-CP, amended and supplemented by Decree No. 138/2018/ND-CP, shall apply.
4. The transport permits of type D granted by the Department for Roads of Vietnam before the effective date of this Decree shall continue to be used until their expiration date.
Article 5. Implementation provisions
1. This Decree takes effect on June 01, 2024.
2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and centrally-run cities and related organizations, individuals shall take responsibility for the implementation of this Decree./.
| ON BEHALF OF THE GOVERNMENT FOR THE PRIME MINISTER |
* All Appendices are not translated herein.
VIETNAMESE DOCUMENTS
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