Thông tư liên tịch 04/2008/TTLT-BCA-BGTVT của Bộ Công an và Bộ Giao thông vận tải về hướng dẫn việc học và kiểm tra lại Luật Giao thông đường bộ đối với người bị tước quyền sử dụng giấy phép lái xe, chứng chỉ bồi dưỡng kiến thức về pháp luật giao thông đường bộ

JOINT CIRCULAR

NO. 04/TTLT-BCA-BGTVT OF JULY 31,2008, GUIDING THE LEARNING AND RE-EXAMINATION OF THE ROAD TRAFFIC LAW APPLICABLE TO PERSONS WHO HAVE BEEN DEPRIVED OF THE RIGHT TO USE DRIVING LICENSES OR CERTIFICATES OF TRAINING IN ROAD TRAFFIC LAW KNOWLEDGE

Pursuant to the Government's Resolution No. 32/2007/NQ-CP of June 29, 2007, on a number of urgent measures to curb traffic accidents and congestions;

Pursuant to the Government's Decree No. 146/ 2007/ND-CP of September 14, 2007, on the sanctioning of administrative violations in the domain of road traffic;

The Public Security Ministry and the Transport Ministry jointly guide the learning and re-examination of the Road Traffic Law applicable to drivers of road motor vehicles who have been deprived of the right to use driving licenses or certificates of training in road traffic law knowledge for a definite time as follows:

I. GENERAL PROVISIONS

1. Scope of regulation

This Circular guides the learning and reexamination of the Road Traffic Law (below referred to as the learning and examination) applicable to drivers of road motor vehicles (including drivers of special-use vehicles and machines operating on roads) who have committed acts of administrative violation of the road traffic law and have been subjected to the sanction of deprivation of the right to use driving licenses or certificates of training in road traffic law knowledge for a duration of 60 days or 90 days (below referred to as traffic law violators).

2. Subjects of application

2.1. Vietnamese individuals who violate the traffic law. Violators who are army men on service or reserve army men during the time of intensive training or servicemen in the people's public security force driving vehicles of all kinds for defense or security purposes are not governed by this Circular.

2.2. Foreign individuals who violate the traffic law. In case treaties to which the Socialist Republic of Vietnam has signed or acceded contain provisions different from those of this Circular, the provisions of these treaties prevail.

2.3. Agencies that organize the learning and re-examination of the Road Traffic Law for persons who have been deprived of driving licenses or certificates of training in road traffic law knowledge (below referred to as learning and re-examination organizing agencies).

3. Learning and re-examination organizing agencies include:

3.1. Road and railway traffic police sections (below referred to as traffic police sections) of provincial/municipal Police Departments.

3.2. Police offices of urban districts, rural districts, provincial towns or cities (below referred to as district-level police offices).

II. SPECIFIC PROVISIONS

1. Learning contents, forms and duration

1.1. Learning contents: The provisions of the Road Traffic Law, road signs and application of these provisions and road signs to a number of hypothetical traffic situations.

1.2. Learning forms: Violators shall attend training courses and receive guidance on studying learning materials.

1.3. Learning duration: For drivers of two-wheeled and three-wheeled motor vehicies with a cylinder capacity of 50 cm3 or more lambrettas

(a kind of three-wheeled motor vehicles), motorized pedicabs, tractors of a tonnage of up to 1.000 kg, special-purpose vehicles and machines operating on roads, the learning duration is 4 hours. For drivers of automobiles of all kinds, the learning duration is 8 hours (within a day).

2. Examination questions, duration and mode

2.1. Questions to be used for examination are taken from a set of questions for testing and grant of road motor vehicle driving licenses by the transport sector, specifically:

2.1.1. Violators who drive two-wheeled and three-wheeled motor vehicles with a cylinder capacity of 50 cm3 or more, lambrettas, motorized pedicabs, tractors of a tonnage of up to 1,000 kg. and special-purpose vehicles and machines operating on roads shall answer 10 questions (5 questions about the Road Traffic Law. 3 questions about road signs and 2 questions about hypothetical traffic situations) within 10 minutes and will pass the examination if they correctly answer 8 questions or more.

3.1.2. Violators who drive automobiles of all kinds shall answer 20 questions (10 questions about the Road Traffic Law, 6 questions about road signs and 4 questions about hypothetical traffic situations) within 20 minutes and will pass the examination if they correctly answer 16 or more questions.

2.2. Mode of examination: Examinations may be conducted by mode of multiple-choice tests on papers or testing machines, as decided by heads of learning and examination organizing agencies.

2.3 Violators who fail an examination shall take a re-examination (without having to attend another learning course) and will not be granted driving licenses until they pass the re-examination.

3. Responsibilities of violators

3.1. Upon receiving administrative violation sanctioning decisions (below referred to as sanctioning decisions), violators shall register places for learning and re-examination of the Road Traffic Law. Specifically, they shall register for learning and examination with traffic police sections or district-level police offices of persons who have issued sanctioning decisions or with traffic police sections of localities where the violators reside. In case sanctioning decisions are issued by competent persons of agencies other than traffic police sections or district-level police offices, violators shall register the learning and examination with trafic police sections of localities where they reside or where agencies of competent persons having issued sanctioning decisions are headquartered.

Violators who cannot come to learn and take examinations on schedule for plausible reasons (with certification of local administrations, working offices or health establishments) shall notify such to agencies with which they have registered the learning and examination and, at the same time, register for a subsequent learning course.

3.2. Upon making registration, a violator shall write on the back side of the sanctioning decision (the copy to be kept at the sanctioning agency) the following: his/her full name and place of residence: registered place of learning; date (day. month and year) and his/her signature. In case of registration with traffic police sections other than those agencies having issued sanctioning decisions, violators shall, upon making registration, produce these sanctioning decisions. After completing the learning and passing the examination, they may receive written records of learning and examination for production to agencies that have issued decisions on deprivation of the right to use driving licenses.

4. Responsibilities of persons competent to deprive of the right to use driving licenses

4.1. To guide violators in registering for learning and examination under Point 3.2. Part II of this Circular.

4.2. To return driving licenses to violators when receiving the latter's pass results of the reexamination of the Road Traffic Law.

5. Responsibilities of learning and examination organizing agencies

5.1.To receive violators who produce sanctioning decisions for learning and examination registration and set learning schedules for them: to notify violators of the learning time.

5.2. To organize the learning and examination at least once every week if there are registrants.

5.3. To make written records of learning and examination of the Road Traffic Law (according to a set form, no! printed herein). For violators who fail the examination, they shall notify them of a date of re-examination on the next week.

6. Funds for organizing the learning and examination

These funds comply with the Finance Ministry's guidance. In the absence of the Finance Ministry's guidance, learning courses and examinations will be covered by annual local budget allocations for assurance of traffic safety.

III. ORGANIZATION OF IMPLEMENTATION

1. The Public Security Ministry (the Road and Railway Traffic Police Department and provincial/ municipal Police Departments) shall direct, guide and urge traffic police sections and district-level police offices in implementing this Joint Circular.

2. The Transport Ministry (the Vietnam Road Administration) shall direct functional agencies in implementing this Joint Circular.

3. People's Committees at all levels shall, within their competence provided in the Government's Decree No. 146/2007/ND-CP of September 14, 2007, on the sanctioning of administrative violations in the domain of road traffic, direct the implementation of this Joint Circular.

4. This Joint Circular takes effect 15 days after its publication in "CONG BAO." Any problems arising in the course of implementation should be reported to the Public Security Ministry (through the Road and Railway Traffic Police Department) and the Transport Ministry (through the Vietnam Road Administration) for study and settlement.