Nghị định 138/2018/NĐ-CP sửa đổi Nghị định 65/2016/NĐ-CP quy định về điều kiện kinh doanh dịch vụ đào tạo lái xe ô tô và dịch vụ sát hạch lái xe

DECREE

ON AMENDMENTS TO GOVERNMENT'S DECREE NO. 65/2016/ND-CP DATED JULY 1, 2016 ON REQUIREMENTS FOR PROVISION OF CAR DRIVER TRAINING AND TESTING SERVICES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Investment dated November 26, 2014; the Law on the amendments to Article 6 and Appendix 4 on the List of conditional lines of business of the Law on Investment dated November 22, 2016;

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

Pursuant to Law on Vocational Education dated November 27, 2014;

At the request of the Minister of Transport;

The Government promulgates a Decree on amendments to Government's Decree No. 65/2016/ND-CP dated July 1, 2016 on requirements for provision of car driver training and testing services.

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1. Article 3 shall be amended as follows:

“Article 3. Interpretation of terms

1. “driver training institution” refers to any vocational education establishment providing car driver training courses.

2. “dual-control car” is a car used to train drivers, fitted with 2 signs “TẬP LÁI” (PRACTICE DRIVING) at the front and rear of the car as the model prescribed in Appendix II of this Decree, with equipment for tracking the practical driving time and distance of the trainees, with an auxiliary brake system installed to ensure effective braking at the seat of the driving instructors, or a van with hood preventing from rain and sun, with seats for trainees, having a certificate of technical safety and environmental protection for road motor vehicles which remains valid.

3. “car for road test” is a car used to test driving skills, fitted with 2 signs “SÁT HẠCH” (TEST) at the front and rear of the car, with an auxiliary brake system to ensure effective braking, with a certificate of technical safety and environment protection for road motor vehicles which remains valid.

4. “maximum training capacity” or “MTC" refers to the highest number of trainees which could be within the training institution at one time. MTC is determined by combination of trainees of all levels, including trainees of both theory and practice at the time of determination of MTC.

5. “driving test center” refers to any facility which is constructed in conformity with the National Technical Regulation on driving testing services and is classified as follows:

a) Grade-1 driving test centers: carrying out driving tests for categories  A1, A2, A3, A4, B1, B2, C, D, E and F ( including sub-categories FB2, FC, FD, FE);

b) Grade-2 driving test centers: carrying out driving tests for categories A1, A2, A3, A4, B1, B2 and C;

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2. Point dd Clause 1 and Point a Clause 2 of Article 6 shall be amended as follows:

a) Point dd Clause 1 of Article 6 shall be amended as follows:

“dd) Driving technique classrooms shall be equipped with audiovisual equipment (disks, projectors...); diagrams or pictures/photos describing basic maneuvers (adjusting drivers’ seat, driving position and posture; cars for gear changing practice (they may be located in a separate place), car driving simulators;”b) Point a Clause 2 of Article 6 shall be amended as follows:

“a) Every driver training institution shall provide adequate dual-control cars of all grades obtaining dual-control car certificates; if the training institution provides driving testing services, it may, based on the time for using cars for road test, use these cars for road test and practice driving, providing that the number of cars for road test used for calculating MTC does not exceed 50% of the number of cars for road test used as dual-control cars;”

3. Point a Clause 3 of Article 6 shall be amended as follows:

"a) The driver training ground may be under the legal right to use of the driver training institution;”

4. Article 7 shall be amended as follows:

“Article 7. Requirements for instructors

1. Every theoretical and practical instructor must meet requirements prescribed herein.

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5. Article 8 shall be amended as follows:

“Article 8. Qualifications for instructors, driving instructors' licenses and competence to grant driving instructor licenses

1. General qualifications: Every driving instructor must acquire qualifications for instructors at elementary level in accordance with law on vocational education;

2. Every theoretical driving instructor must obtain a Level 4 of VQF Diploma or higher in law, automobile technology, automobile engineering, automobile assembly or other majors, in which the body of knowledge about automobile accounts for at least 30%, every instructor in charge of driving technique must gain a driving license at least corresponding to the category of the training car;

3. Every practical driving instructor must acquire the qualifications:

a) Obtain a driving license at least corresponding to the category of the training car, but not lower than grade B2;

b) A B1 or B2 driving instructor must gain a driving license valid for at least 3 years from the date of employment; a C, D, E and F driving instructor must gain a driving license valid for at least 5 years from the date of employment;

c) The driving instructor has completed the training course in practical driving instruction according to the program promulgated by the competent authority and has been issued with a practical driving instructor’s license using the form in Appendix VI issued herewith.

4. Authority competent to grant a practical driving instructor’s license

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b) Department of Transport has competence to grant practical driving instructor’s licenses to instructors of training institutions under management of local governments.”

6. Point a and b Clause 2 of Article 9 shall be amended as follows:

a) Point a Clause 2 of Article 9 shall be amended as follows:

“a) The individual or driver training institution (hereinafter referred to as “applicant”) shall submit an application to the competent authority specified in Clause 4 Article 8 hereof directly or by post;”

b) Point b Clause 2 of Article 9 shall be amended as follows:

“b) The Department of Transport or Directorate for Roads of Vietnam shall examine and appraise the application (if the applicant is an individual) or application and the list made using the form enclosed in the Annex V herewith (if the applicant is an institution) within 5 working days from receipt of the complete application. In case any individual is found not eligible for the driving instructor license, the Department of Transport or Directorate for Roads of Vietnam shall send the applicant a notice of which reason for rejection shall be specified.”

7. Clause 1 and Point a Clause 2 Article 10 shall be amended as follows:

a) Clause 1 of Article 10 shall be amended as follows:

“1. A practical driving instructor’s license may be re-issued if it is lost, damaged or has any change in the content. The application shall consists of required documents prescribed in Point a and Point e Clause 1 Article 9 hereof.”

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“a) The individual or driver training institution (hereinafter referred to as “applicant”) shall submit an application to the competent authority specified in Clause 4 Article 8 hereof directly or by post;”

8. Point c Clause 1 of Article 18 shall be amended and Point g shall be added to Clause 1 Article 18 as follows:

a) Point c Clause 1 of Article 18 shall be amended as follows:

“c) Number of motor vehicles used for road test: The number of cars for driving testing class A1, B1, B2 and C  shall be at least 02 for each respective class, and at least 01 for other class and not for any business purpose; and 01 for public road test. The car for road test is under legal right to use of the entities having driving test centers.”

b) Point g shall be added to Clause 1 of Article 18 as follows:

“g) Car test stimulator: There is at least one equipment installed with a car test stimulation software prescribed by the Ministry of Transport.”

9. Point a Clause 1 of Article 20 shall be amended as follows:

“a) Approval for project proposal given by competent authority to local investors, foreign-invested business entities (foreign investors holding less than 51% of charter capital), except for projects exempt from approval for project proposal or certificate of investment registration given to foreign investors, foreign-invested business entities (foreign investors holding at least 51%) (copies together with originals or certified true copies);”

10. Point c Clause 1, Point b Clause 5 and Clause 6 of Article 26 shall be amended as follows:

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“c) Stipulate regulations, road map to equip simulators for driving training and test, the equipment to track practical time and distance of trainees; provide guidelines for application of information technology in management and supervision of theoretical period of time for trainees of driver training institutions.”

b) Point b Clause 5 of Article 26 shall be amended as follows:

“b) Maintain and modernize facilities and teaching tools; and ensure that instructors and trainers satisfy prescribed requirements; provide adequate facilities and equipment to ensure environment hygiene and fire safety as per the law; hold training courses 3 times a year to improve practices of practical driving instructors prescribed by the Ministry of Transport.”

c) Clause 6 of Article 26 shall be amended as follows:

“6. Every driving test center shall ensure that their facilities or devices for testing and scoring, provide adequate facilities and equipment to ensure environment hygiene and fire safety conformable to regulations of laws to facilitate the accuracy and objectivity of driving tests.”

11. Replace Appendix IV on form of application for training, issuance of practical driving instructor’s licenses as prescribed in Decree No. 65/2016/ND-CP with Appendix IV on form of application for training, issuance of practical driving instructor’s licenses as prescribed herein.

Article 2. The following regulations shall be annulled:

Article 4; Clause 2 Article 5; Point h Clause 1 Article 6; Points c, dd, e, g, h, i, k Clause 2 Article 6; Clause 4 Article 6; Points c and dd Clause 1 Article 9; Point c Clause 1 Article 14; Article 17; Point b Clause 1 Article 18; Article 25; Appendix I of Decree No. 65/2016/ND-CP dated July 1, 2016 on requirements for provision of car driver training and testing services.

Article 3. Transitional provisions

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2. Any license to provide driver training or certificate of qualified driving test center which was issued before July 1, 2016 shall be reissued upon its expiry provided that the institution meets all requirements for provision of car driver training and testing services.

3. Any driver training institution, driving test center which obtained a license to provide driver training or certificate of qualified driving test center before effective date of this Decree shall keep providing the car driver training and testing, and be required to equip driving simulators, equipment to track practical time and distance of trainees, driving test simulators according to the road map stipulated by the Minister of Transport.

Article 4. Entry into force and implementation

1. This Decree comes into force as of December 1, 2018.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of provinces and central-affiliated cities and relevant entities shall implement this Decree./.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc