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The Decision 4480/2002/qd-Bgtvt: Issuance Mandate The Responsibility And Handle When In The Management Of Training, Testing, Motor Vehicle Driver License Road

Original Language Title: Quyết định 4480/2002/QĐ-BGTVT: Về việc ban hành Qui định trách nhiệm và xử lý khi vi phạm trong công tác quản lý đào tạo, sát hạch, cấp giấy phép lái xe cơ giới đường bộ

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The decision on issuing the regulation of responsibility and handle when in the management of training, testing, motor vehicle driver license road _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of TRANSPORT pursuant to the law on road traffic 29/6/2001;
Base Ordinance, and the Ordinance against corruption on 26/2/1998;
Pursuant to Decree No. 22/CP dated 22/3/1994 of the Government of the tasks, powers, responsibilities and governance structure of the Organization of the Ministry of transportation;
At the suggestion of Director of Department of roads in Vietnam, Director of Organization Department-Labour, legal Director-transportation, decision: article 1. Attached to this decision, "responsible regulations and handle when in the management of training, testing, motor vehicle driver license road".
Article 2. This decision has the effect after 15 days from the date of signing.
Article 3. He (she): Chairman of the provincial people's Committee, the central cities, the relevant Minister, Chief of the Department, Director of the Service of the Ministry, the Chief Inspector, Director of Department of roads in Vietnam, the Director of the Department of transport (public transport), heads of agencies, relevant units responsible for the implementation of this decision.

 



 DAO Dinh Binh (signed) responsibilities and REGULATIONS when processing in the management of training, testing, motor vehicle driver license road (issued attached to decision No. 4480/2002/QD-BGVT on 31 December 2002 of the Minister of transportation) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Chapter 1: GENERAL PROVISIONS article 1. Scope and objects 1. This regulation defines the responsibilities and handle when in the management of training, testing, motor vehicle driver license road.
2. this Regulation applies to organizations, individuals perform task management training, testing, licensing of motor driving roads in the country.
This rule does not apply to organizations and individuals do the task manager training, testing, driving license for military, public safety duty of Defense and security.
Article 2. Organizations and individuals stipulated in paragraph 2, article 1, including: 1. The transportation system for the governance of training, testing, driving license.
The Bureau of roads in Vietnam was Transport Ministry authorized the task state management of training, testing, driving license in the country.
The Department of transport (public transport) is responsible for vetting training management, driving licensing within the Department, the central cities.
2. the people's committees, the central cities, the Ministry has a driver training, driving test centre within the mission, its powers to coordinate implementation of management training, testing, driver license within the scope of the local industry.
3. superior administration directly driving training facility.
4. direct training units, test drive and test Assembly, test drive.
5. direct personal task manager training, testing, driving license: article 3. Individual organizations referred to in article 2 of this regulation must comply with the regulations of the legal documents on management of training, testing, driving license, required by other legal texts concerned and in compliance with this regulation.
Chapter 2: PROVISIONS OF LIABILITY article 4. The responsibility of the Ministry of transportation.
1. Review the additional, timely amendment of the legal texts in the field of management training, testing, motor vehicle driver license road.
2. Directing the inspection, periodic inspection, irregular training management, driving licensing test: a. the total periodic checks after two years;
b. periodic inspections every year;
c. unscheduled inspections.
Article 5. The responsibility of the Bureau of roads in Vietnam 1. Presiding editor and responsible for the content of the professional legal documents on management of training, testing, driving license.
2. completing training organization in the national scope is full, quality assurance.
3. License for driving training training driving cars in the country according to the standard.
4. direct management of training, testing, levels, change the license for the objects delivered by Ministry of transport; There are effective measures to prevent infringement, all-out negativity.
5. In collaboration with Service personnel and labor, Inspector inspection organization deployment, test facilities management training, testing, driving license required; When detected violations are handled promptly by the authority.
Article 6. The responsibility of the Department of transport (public transport).
1. direct training, test management, driving licensing for the objects to be delivered within the province, the city of centrally prescribed 2. Check, determine the exact technical standards, professional, expertise of driving training in management, suggested the Bureau of roads in Vietnam licensed automobile driver training.
3. License training drive under authorization of the Bureau of roads in Vietnam.
4. Inspection, testing institutes, testing center, management of test driving. Take measures to prevent violation of the negative, in ensuring the content, the training program; expense fees, test fees driving wrong licensing regulations; buy, sell the driver's license; timely handling of violations under the authority or the agency report processing functions.
5. timely reports in violation of the Park by the Department of transport (public transport) managed to review Vietnam's Road Bureau, the revocation of the Card.
6. The people's Committee of the central cities, the construction of testing center drive the planning and proper industry standards.
Article 7. The responsibility of the provincial people's Committee, central cities have driver training facility.
1. Direct the Department of transport (public transport) perform vetting, training management, driving licensing in accordance with the regulations.
2. Directing the inspection, checking the management of training, testing, licensing and management of driver handle violation according to the authority.
3. Organizing the construction of the driving test centre as required.
Article 8. The responsibilities of The driver training facility 1. Directs training of driving done right defined by law.
2. Directing the inspection, check the training drive administered; processing the violation under the jurisdiction.
Article 9. The responsibility of the superior governing body of driver training facility.
1. investment measures and directs the driver training facility to maintain, enhance the physical facilities, instructional equipment, according to the study.
2. Appointment of leading cadres, directs the recruitment base staff to have enough moral qualities, abilities, qualifications to perform the work assigned.
3. Regular monitoring, inspection, training establishments urge motorists to follow the right rules; timely processing of violation according to the authority.
Article 10. The responsibility of the driver training 1. Recruitment must ensure the age regulations, check on appearance compared to examinations by health authorities was granted.
2. new training organization, additional upgrade to drive the right program, training curriculum by Ministry of transport issued; true flow, training class, location, time limit under license driving training.
3. Ensure the quality of the training, examination and inspection certification training in accordance with the regulations.
4. Ensure the number, the standard of teachers.
5. Maintain, enhance the physical facilities, instructional equipment, learning.

6. Auto mode check regularly to ensure student learning time.
7. Retention of records the full training required.
8. Have management measures to prevent violations of admissions, teaching, examination, certification training, currency, use fees.
Article 11. The responsibility of driving test centre 1. Maintain, enhance infrastructure, equipment, means of grading regulations, ensure test reached the correct result.
2. In coordination with the training facility, the test, the driving test ensures preparation, test driving convenience, properly plan.
3. Ensure the safety of the test drive.
4. Currency, use the free testing regulated.
5. Retention of full testing records.
Article 12. The Board's responsibility to test, the driving test 1. Organize, verify, monitor to test drive was conducted in accordance with the regulations.
2. Responsible for the truthfulness, objectivity; violation of the testing of the test;
3. Timely vetting rules violations by the authority or agency report processing functions.
Article 13. Director of Department of roads in Vietnam is responsible to the Minister of transport 1. The State management in the field of training, testing, change the license in the country.
2. Take measures to prevent the timely processing, the breach in the vetting, training management, driving licensing jurisdiction.
Article 14. Head of media management and riders in the Department responsible to the Director of the Bureau of roads in Vietnam.
1. Advised Chief issued guidance documents, inspect the management training, test driving license in the country.
2. management training, testing, levels, change of license; test drive of the organization with regard to training, testing center drive and the assigned Management Bureau object according to the rules.
3. Build the program, training organizations, certification testing for qualifying members in the country; directly manage the Member of the management board-level testing. 4. Perform functions as Chief of Bureau level test management. Article 15. The Director of the Department of transport (public transport) responsible to the Chairman of the provincial people's Committee, the city and the Minister of transport.
1. management training, testing, driver licensing in accordance with local regulations.
2. Take measures to prevent the timely processing, violation of management training, test drive the licensing authority.
3. Manage the test team member.
Article 16. The Media Manager and the driver (or Head administers testing) of the Department of transport (public transport) responsible to the Director of the Department.
1. management training, testing, levels, change of license; test drive of the organization with regard to training, testing center drive and the object by the Department of management.
2. Inspect the training, testing, driver licensing in accordance with local regulations.
3. Perform functional testing management board level.
Article 17. Heads of training facilities, driving test centre is responsible to the head of the upper level directly.
1. Perform regulated by law about the training, test driving license.
2. About all activities and the violation occurs in the unit.
Article 18. The Council President, Board Member, Chief of the driving test Hive responsible Heads decided to set up the Council, and heads directly 1. Make the right rules, regulations, testing procedures.
2. The accuracy, truthfulness, objectivity of the test.
3. Violation of the testing of the test.
Article 19. Testing staff responsible to the Council for testing, the testing and before the law.
1. Perform tasks assigned in accordance with the regulations.
2. The accuracy, truthfulness, objectivity of examination results.
Article 20. Teachers must ensure pedagogical style while teaching and is responsible to the head of unit 1. Teachers teach the theory to have lesson plans when up grade; fully updated the management books; full time teaching in accordance with the regulation of the contents, programs, curriculum.
2. practice teacher also responsible as the teacher of theory must be full papers for the vehicle driver file, ensure safe driving practices in the process of students.
Article 21. Officers, staff do the work level, change the driver responsible to the head of unit.
1. Make the driving license according to number, completing Council list, test delivery, ensure timely.
2. Make changes the licence in accordance with the regulations on the subject, and the standards of the time.
Article 22. Other individuals do task management, training, testing, driving license must be responsible to the head of unit of the outcome of the work is assigned and about his violations as defined by the law.
Chapter 3: PROVISIONS on VIOLATIONS and FORM PROCESSING VIOLATES SECTION a: REGULATIONS REGARDING VIOLATION of and FORM PROCESSING TRAINING ESTABLISHMENTS, heads and PERSONAL Training FACILITY in 23. Violation of rules 1. Non-standard entrance.
2. Not enough form, books on management training.
3. Teachers are not eligible.
4. improper implementation of the content, programs, curriculum, training time 5. Training organization in addition to the base, the joint venture without authority.
6. training too, traffic driving class defined in the license of driving training 7. The training but still no certificate of graduation for the student to test.
8. Cheating to be licensed driver training.
9. Serious breach of the rules on currency, using the training fees.
10. Does not guarantee the conditions, standards of driver training facility.
Article 24. Form processing violation 1. Training establishments a. suspension of admissions, stop the train in time 3 months when in violation of the provisions in clause 1, 2, 3 and 4 of article 23;
b. suspension of admissions, stop the train in time 6 months when in violation of the provisions in clause 5, 6 of article 23;
c. revoking the license of driving training when in violation of the provisions in clause 7, 8, 9 and 10 of article 23.
2. for the heads of institution a. reprimand when violating clause 1, 2 and 3 Article 23;
b. warning when the violation of the rule in paragraph 4 to article 23;
c. resignation when in violation of the provisions in clause 5, 6, 7, 8, 9 and 10 to article 23;
d. depending on the nature and extent of the violation was fired when: violation of 2 of the account or serious breach of the rule in article 23 paragraph 1.
3. for individuals in training establishments (except teachers are defined separately in section E) a. reprimand when violating clause 1, 2 Article 23;
b. other work when the Transfer violated the stipulation in paragraph 3 to article 23;
c. warning when the violation of the rule in paragraph 4 to article 23;
d. lower the salary scales and other work when the transfer in violation of the provisions in clause 5, 6, 7, 8 and 9 Article 23.
. Depending on the nature and extent of the violation was fired when: violation of 2 of the account or serious breach of the rule in article 23 paragraph 1.
CATEGORY B: BREACH OF RULES and FORM PROCESSING for COMPLETING COUNCIL PRESIDENT article 25. Violation of rules 1. To membership in the Council of States and the disciplinary officer at the scene reported.
2. when the offense happens To make rules, regulations, testing procedures.
3. To take safe in the test.
4. Make wrong rules, regulations, testing procedures.
5. To all-out offense has held about rules and regulation measure.
6. Cover the violation, negative.

7. Giving or receiving a bribe in any form to falsify the regulation.
Article 26. Form processing violation 1. Reprimanded when an infringement of the rules referred to in paragraph 1, 2 and 3 of article 25.
2. Be warned and not be on duty when the Council President in violation of the regulations referred to in paragraph 4, 5 and 6 article 25.
3. Depending on the nature and extent of the violation being lower wage scales and moved to other work or fired when the violation of the rule in paragraph 7 of article 25.
CATEGORY C: BREACH OF RULES and FORM PROCESSING for CHIEF of the NEST TEST article 27. Violation of rules 1. To qualifying students in the test were disciplined at a level of caution.
2. To happen crash during the test.
3. To measure member violates the rules, regulations, testing procedures.
4. Cover the Member violates the rules, regulations, testing procedures.
5. Organizing test not correct rules, regulations, testing procedures.
6. Receiving or giving bribes in any form to falsify the regulation.
Article 28. Form processing violation 1. Reprimanded when an infringement of the rules referred to in paragraph 1, 2 and 3 of article 27.
2. Be warned and not be on duty supervisor when in violation of the regulations referred to in paragraph 4 and 5 of article 27.
3. Depending on the nature and extent of the violation being lower wage scales and moved to other work or fired when the breach of the regulation referred to in paragraph 6 of article 27.
CATEGORY D: BREACH OF RULES and FORM PROCESSING for QUALIFYING ROUNDS Article 29. Violation of rules 1. Not assigned by the Executive Head of the nest test.
2. do not arbitrarily assigned.
3. Own work, drinking beer or use other stimulants that the law prohibits the use of while completing missions.
4. Examination incorrectly.
5. Do post articles, household to participants.
6. Knowingly incorrect examination.
7. Cover for violations of the rules and regulations of testing.
8. to happen crash during testing due to subjective causes.
9. Receiving or giving bribes in any form to falsify the regulation.
Article 30. Form processing violation 1. Reprimanded when an infringement of the rules referred to in paragraph 1, 2, 3 and 4 of article 29.
2. Be warned and completing membership Card revocation when violated one of the rules in clause 5, 6, 7 and 8 of article 29.
3. Depending on the nature and extent of the violation being lower wage scales and moved to other work or fired when the breach of the regulation referred to in paragraph 9 to article 29.
SECTION E: RULES VIOLATIONS and FORM PROCESSING for DRIVING TEACHER article 31. Violation of rules 1. Missing lesson plans, not fully updated management books.
2. Do not hold true pedagogical style.
3. Not ensuring enough time for training, curriculum content, as required.
4. To the accident while driving practice teaching.
5. Giving or receiving a bribe in any form to falsify the regulation.
Article 32. Form processing violation 1. Reprimanded when an infringement of the rules referred to in paragraph 1 of article 2, article 31.
2. Be warned when an infringement of the rules referred to in paragraph 3 and 4 of article 31.
3. Depending on the nature and extent of the violation being lower wage scales and moved to other work or fired upon violation of the stated provisions in clause 5 article 31.
SECTION H: VIOLATING the RULES and FORM PROCESSING for OFFICERS, staff on DUTY, DRIVING LICENSE CHANGE 33 Articles. Violation of rules 1. There are violations when done, change the license.
2. Difficult, troublesome for objects to level, change the license.
3. Intentionally to breach occurred while the task levels, change the license.
4. Give or receive bribes in any form to falsify the regulation.
Article 34. Form processing violation 1. Reprimanded violation on one of the regulations referred to in paragraph 1 and 2 of article 33.
2. Be warned and other work when the transfer violates the regulations referred to in paragraph 3 to article 33.
3. Depending on the nature and extent of the violation being lower wage scales and moved to other work or fired when violating the regulations referred to in paragraph 4 of article 33.
Section I: HANDLE FORMS the SUPERIOR LEADER DUE to VICARIOUS LIABILITY Article 35. For the Bureau of roads in Vietnam.
The intense Vietnam Bureau leader, leader of the professional staff Agency must simultaneously be responsible indirectly about the breach of the relevant subordinate to the field direction is assigned.
1. Bureau Chief, Deputy disciplinary from the level of criticism, to warn, the lower ranks or wages depending on the extent from violating.
2. Head of staff of the Bureau of roads in Vietnam directly follow the direction: depending on the nature and extent of the violation being reprimanded, warned, the lower ranks or wages.
Article 36. For the Department of transportation (public information.).
1. The Director, Deputy Director of the Department of transport (public transport): disciplinary warning to critics from a lower quota, revision or functional way. depending on the degree of violation.
2. the leadership of the Chief agency of the Department of transport (public transport) to directly follow the direction depending on the nature and extent of the violation being reprimanded, warned, the lower wage scales or resignation.
Article 37. For heads of superior training facilities: superior heads of institutions directly depending on the nature and extent of the violation must simultaneously be responsible indirectly about the breach of the relevant subordinate to the field direction is assigned.
1. Heads, Deputy Heads of superior training facilities being discipline from the level of criticism, to warn, lower wage scales or from Office according to the degree of the violation.
2. Leadership room staff regarding training driving, depending on the nature and extent of the violation being reprimanded, warned, the lower wage scales or resignation.
SECTION K: principles of HANDLING ACTS of RE-OFFENSE, JURISDICTION to HANDLE a breach of article 38. Handle individual re-offending behaviour outlined in items from Items A to section I if it in 12 months time will be a heavier level of processing.
Article 39. Jurisdiction to handle violation 1. Minister of transportation: disciplinary decisions Bureau Chief, Deputy Director of Department of roads in Vietnam; The head of the training unit in The driving test.
2. The Chairman of the provincial people's Committee, the city of centrally disciplinary decisions to the Director, the Deputy Director of the Department of transport (public transport).
3. The Secretary of the Ministry, agency heads have the driving training facility under the jurisdiction of disciplinary decisions against the heads of the training unit.
4. the Director of the Bureau of roads in Vietnam: a. disciplinary decision unit leader training test drive in the Bureau; The Chairman of the Agency, and President of the Council, the head of the nest test, testing staff, other staff officers in the Agency's management rights;
b. suggested the Department of transport (public transport) disciplinary decision against violation of the testing staff, officers of the Manager of the Department of transport (public transport);
c. recovery of the membership card for the testing compromise;
d. training license revocation for driving training driving violation.
5. The Director of the Department of transport (public transport) disciplinary decision the leader training unit test drive in the Department; The Chairman of the Agency, and President of the Council, the head of the nest test, testing staff, other staff in the management of rights.
6. Order Processing decisions are made according to the regulations of the current law.
Chapter 4: IMPLEMENTATION

Article 40. Chairman of the provincial people's Committee, the central cities, Minister of the Ministry concerned (to train driver), Director of Department of roads in Vietnam, the Director of the Department of transport (public transport) and the heads of agencies, relevant units responsible for common regulations to the units to perform.
Article 41. Director of Department of roads in Vietnam, Chief Inspector of the Ministry of transportation, Director of Organization Department-Labour, Director of Legal Affairs-transport, Director of Department of transport (public transport) has the responsibility to examine and organize the implementation of this regulation.
The implementation process if there are problems, organizations and individuals to reflect promptly in writing to the Ministry of transport to supplement, modify.