According to Clause 1, 3, Article 36 of Circular 12/2017/TT-BGTVT, people whose driving license has expired from 3 months to less than 1 year from the expiration date must retake the theory test to reissue the driving license; From 1 year or more from the expiration date, both theory and practice must be retaken to reissue the driving license.
A person whose driving license is lost, expired for 3 months or more, whose name is on the record of the testing management agency, and is not currently being confiscated or processed by competent authorities, must retake the test within 2 months from the date of submitting a complete and valid application as prescribed: If the license is expired for 3 months to less than 1 year, the theory test must be retaken; If the license is expired for 1 year or more, both theory and practice must be retaken.
According to Clause 14, Article 33 of Circular No. 12/2017/TT-BGTVT (amended and supplemented in Circular 05/2024/TT-BGTVT), cases of revocation of Driving License include:
a) The driver committed fraud to obtain a driver's license;
b) Drivers erase, delete, or falsify information on the driver's license;
c) Let others use your driving license;
d) The competent authority issues to an ineligible person;
d) There is an error in one of the following information: full name, date of birth, nationality, place of residence, driver's license class, issuance value, date of passing, signatory;
e) Through health examination, the competent authority determines that the driver's body contains drugs (except for the handling acts prescribed in Points c and d, Clause 10, Article 5; Points h and i, Clause 8, Article 6 of Decree No. 100/2019/ND-CP dated December 30, 2019).
In addition, Clause 16, Article 33 of Circular 12/2017/TT-BGTVT (amended and supplemented in Circular 05/2024/TT-BGTVT) stipulates the handling of cases where driving licenses are revoked.
Firstly, a driving license revoked according to the provisions in Points a, b, d and e, Clause 14 of this Article is invalid. The driving license management agency updates data on violations on the driving license information system from the date of detection of the violation. In addition, the violator must be held responsible before the law and shall not be granted a driving license for a period of 5 years from the date of detection of the violation. If there is a need to re-issue a driving license, the driver must study and take the test again as in the case of first-time issuance of a driving license.
Second, if a driving license is revoked according to the provisions of Point c, Clause 14 of this Article, after 1 year from the effective date of the decision to revoke the driving license, if an individual needs to be issued a driving license, he/she must register with the Department of Transport to re-examine the contents specified in Clause 4, Article 21 of this Circular.
Individuals who need to be granted a driver's license must register with the Department of Transport to re-examine the contents specified in Clause 4, Article 21 of Circular 12/2017/TT-BGTVT (amended in Circular 05/2024/TT-BGTVT), specifically:
- Theoretical examination is conducted on computers (except for examinations for class A1 in areas of urban areas of type 3 or higher with a distance of more than 100 km from the center of urban areas of type 3 or higher, which are allowed to be examined by paper-based multiple-choice method); the theoretical examination room has a camera to monitor the examination process;
- Simulated traffic situations on computer for classes B1, B2, C, D, E and classes F; the testing room has cameras to monitor the testing process;
- Practical driving test in the picture for categories A1, A2 is conducted at a driving test center or driving training facility with a qualified testing yard and automatic scoring equipment (except for areas with a distance to urban centers of type 3 or higher of more than 100 km, which are allowed to test using the direct scoring method);
- Practical driving test in the diagram for class F is conducted at a driving test center or a qualified testing yard belonging to a driving test center; there is no examiner sitting in the test vehicle;
- Practical driving test in the diagram for categories B1, B2, C, D, E is conducted at a driving test center with automatic scoring equipment; there is no examiner sitting in the test vehicle;
- Practical driving test on the road applies to classes B1, B2, C, D, E and classes F and has an examiner sitting in the test vehicle;
- Practical driving tests on roads for classes B1, B2, C, D and E must use automatic scoring equipment.
Third, a driving license revoked under the provisions of Point d, Clause 14 of this Article shall be implemented as follows: a driving license that is still valid or has expired for less than 3 months shall be implemented according to the provisions of Article 38 of this Circular; a driving license that has expired for more than 3 months shall be implemented according to the provisions of Clause 1, Article 36 of this Circular.
Drivers who use fake driving licenses or declared lost driving licenses to drive road motor vehicles will have their data updated by the Driving License Management Agency on the driving license information system from the date of discovery of the violation; in addition, violators will be held legally responsible and will not be granted a driving license for a period of 5 years from the date of discovery of the violation; if they want to re-issue a driving license, they must study and take the test again as in the case of first-time issuance of a driving license.
Wisdom
Source: https://www.nguoiduatin.vn/truong-hop-se-phai-thi-lai-giay-phep-lai-xe-theo-quy-dinh-moi-nhat-a667894.html
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