On the afternoon of June 14th, the Ministry of Justice stated that Circular No. 01/2021 and Circular No. 38/2019, issued by the Ministry of Transport, regulating the training, examination, and issuance of driver's licenses for road motor vehicles, are in violation of the law.
Specifically, Clause 2, Article 2 of Circular No. 01/2021 stipulates that ethnic minority people who cannot read or write Vietnamese must undergo a procedure to confirm "being an ethnic minority person who cannot read or write Vietnamese" at the People's Committee of their commune of residence when applying for A1 and A4 motorcycle driving licenses, which is illegal.
Similarly, Clause 25, Article 1 of Circular No. 38/2019 of the Ministry of Transport, which stipulates that provincial People's Committees are authorized to issue regulations on training methods for A1 and A4 motorcycle driving licenses for ethnic minorities who cannot read or write Vietnamese, is also inconsistent with legal regulations.
Regarding this issue, on the morning of June 15th, in an interview with VietNamNet reporters, Mr. Luong Duy Thong, Head of the Vehicle and Driver Management Department of the Vietnam Road Administration, stated that regulations on driver training and testing are generally not applicable to those who cannot read or write Vietnamese.
To facilitate the learning, understanding, and examination of Vietnamese-speaking ethnic minority people for driver's licenses, and to ensure they comply with road traffic laws and regulations for safe participation in traffic, the Ministry of Transport has stipulated in Circular No. 12/2017 and subsequent amending and supplementary circulars the target groups and forms of learning and examination that meet management requirements and are appropriate to the conditions and educational levels of ethnic minority people.
Explaining why the content of the two Circulars was criticized by the Ministry of Justice, Mr. Luong Duy Thong said: "The requirement for learners to have a document from the People's Committee at the commune level confirming that they are ethnic minorities who cannot read or write Vietnamese is to prevent the policy from being exploited."
Regarding the Ministry of Transport's assignment to the Department of Transport to develop and submit to the Provincial People's Committee for promulgation the organizational form of learning and testing for ethnic minorities who cannot read or write Vietnamese, Mr. Thong believes this is to suit the actual situation of each locality and each ethnic group.
Mr. Thong affirmed that the two regulations have created favorable conditions for ethnic minorities in learning, taking exams, and obtaining driver's licenses, and "have not left any consequences that require disciplinary action."
Also related to this issue, the Director of the Vietnam Road Administration, Nguyen Xuan Cuong, informed that immediately after receiving the proposal from the Department of Legal Document Inspection of the Ministry of Justice, the Ministry of Transport assigned the Department to study and amend Circular No. 12/2017/TT-BGTVT, Circular No. 38/2019/TT-BGTVT, and Circular No. 01/2021/TT-BGTVT regulating the training, examination, and issuance of driver's licenses to ensure compliance with the law.
At the same time, the Department of Roads will address the aforementioned shortcomings, but must ensure strict adherence to practical realities during implementation, creating favorable conditions for ethnic minorities in learning, taking exams, and obtaining A1 and A4 driver's licenses.
To address the shortcomings pointed out by the Ministry of Justice, Mr. Luong Duy Thong stated that the draft revised Circular proposes abolishing the procedure requiring students to obtain confirmation from the commune-level People's Committee. Instead, to prevent abuse of the policy, the Department of Transport will be responsible for coordinating and exchanging information with the commune-level People's Committee via email and data connection to verify eligibility.
It is understood that the draft circular on amendments was requested by the Ministry of Transport to be submitted by the Vietnam Road Administration in June 2023, and the Ministry will consider issuing it as soon as possible.
Earlier, on the afternoon of June 14th, the Ministry of Justice announced that the Department of Legal Document Review had conducted research and review of Circular No. 01/2021 and Circular No. 38/2019, which regulate the training, examination, and issuance of driver's licenses for road motor vehicles, issued by the Ministry of Transport.
Accordingly, Clause 2, Article 2 of Circular No. 01/2021 stipulates that ethnic minority people who cannot read or write Vietnamese must complete the procedure of confirming "being an ethnic minority person who cannot read or write Vietnamese" at the People's Committee of the commune where they reside when applying for motorcycle driving license courses of categories A1 and A4.
However, the Law on the Promulgation of Legal Documents clearly states that prescribing administrative procedures in ministerial circulars is strictly prohibited, except in cases where it is authorized by law or a resolution of the National Assembly.
Therefore, the regulations as stipulated in Circular No. 01/2021 of the Ministry of Transport are not in accordance with the law.
Similarly, Clause 25, Article 1 of Circular No. 38/2019 of the Ministry of Transport stipulates that provincial People's Committees shall issue regulations on training methods for A1 and A4 class motorcycle driving licenses for ethnic minorities who cannot read or write Vietnamese, based on the actual conditions of the locality.
However, the Department of Legal Document Review affirmed that the form of driver training is a matter for which the Minister of Transport is responsible for specifying the details, as assigned by the Road Traffic Law.
The Law on the Promulgation of Legal Documents clearly states that the agency assigned to issue detailed regulations cannot further delegate this authority. Therefore, Circular No. 38/2019 of the Ministry of Transport, which delegates this authority to local authorities, is inconsistent with legal regulations.
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