Recently, Dak Nong province sent a petition to the Ministry of Justice regarding Circular No. 01/2021 of the Ministry of Transport regulating training, testing, and granting of road motor vehicle driving licenses.
This Circular stipulates that the driving license application (motorcycle class A1, class A4) of ethnic minorities who cannot read or write Vietnamese must have a certificate from the People's Committee of the commune where they reside stating that they are "ethnic minorities who cannot read or write Vietnamese".
Dak Nong Province believes that the above regulation is inappropriate. The confirmation by the Commune People's Committee that "ethnic minorities cannot read or write" is inappropriate, due to lack of information and people can take advantage of the policy. This regulation is also inconsistent with Decree No. 23/2015.
"We respectfully request that the Ministry of Justice discuss with the Ministry of Transport to have more appropriate regulations," Dak Nong province proposed.
Responding to the above content, the Ministry of Justice said that the Department of Inspection of Legal Normative Documents has organized research and inspection of Circular No. 01/2021 and Circular No. 38/2019, both of the Ministry of Transport, regulating training, testing, and granting of road motor vehicle driving licenses.
The Department also held meetings with a number of relevant agencies and units such as the Vietnam Road Administration, the Legal Department (Ministry of Transport); the Department of Civil Status, Nationality and Authentication (Ministry of Justice).
Based on the results of the inspection and opinions exchanged and discussed, the Department of Inspection of Legal Normative Documents issued a conclusion on the inspection of the contents that are not in accordance with the legal provisions of the two circulars mentioned above.
Specifically, according to Clause 2, Article 2 of Circular No. 01/2021, ethnic minorities who cannot read or write Vietnamese will have to carry out the procedure of confirming that they are "ethnic minorities who cannot read or write Vietnamese" at the People's Committee of the commune where they reside when applying for a class A1, A4 motorbike driving license.
However, the Law on Promulgation of Legal Documents clearly states that prescribing administrative procedures in ministerial circulars is strictly prohibited, except in cases assigned by law or resolution of the National Assembly. In addition, the Law on Road Traffic only assigns the Minister of Transport to prescribe the form, content, and program of driver training, but does not assign regulations on administrative procedures in this activity.
The above grounds show that the provisions in Circular No. 01/2021 of the Ministry of Transport are not in accordance with legal regulations.
Similarly, Clause 25, Article 1 of Circular No. 38/2019 of the Ministry of Transport stipulates that the provincial People's Committee shall issue a form of training for A1 and A4 class motorcycle drivers for ethnic minorities who cannot read or write Vietnamese, based on the actual conditions of the locality.
However, the form of driver training is the content assigned by the Road Traffic Law to the Minister of Transport to regulate in detail. According to the provisions of the Law on Promulgation of Legal Documents, the agency assigned to promulgate detailed regulations is not allowed to further delegate authority.
Therefore, Circular No. 38/2019 stipulating that the Provincial People's Committee promulgates a form of training for A1 and A4 class motorcycle drivers for ethnic minorities who cannot read or write Vietnamese is not in accordance with legal regulations.
Based on the above-mentioned grounds, the Department of Inspection of Legal Normative Documents recommends that the Ministry of Transport urgently handle contents that are not in accordance with the provisions of law in Circular No. 01/2021 and Circular No. 38/2019; at the same time, review the implementation process of these two circulars to take measures to remedy the consequences caused by the implementation of illegal regulations (if any).
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