What does the drafting agency say?

On the afternoon of June 14, the Ministry of Justice said that Circular No. 01/2021 and Circular No. 38/2019 regulating training, testing, and granting of road motor vehicle driving licenses issued by the Ministry of Transport are in violation of the law.

Specifically, Clause 2, Article 2 of Circular No. 01/2021 stipulates that ethnic minorities who cannot read or write Vietnamese will have to carry out the procedure of confirming "being an ethnic minority who cannot read or write Vietnamese" at the People's Committee of the commune where they reside when applying for a class A1 or A4 motorbike driving license, which is illegal.

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, which is not in accordance with legal regulations.

Regarding this issue, on the morning of June 15, speaking with VietNamNet reporter, Mr. Luong Duyen Thong, Head of the Department of Vehicle Driver Transport Management, Vietnam Road Administration said that the regulations on training and testing of regular drivers are not applicable to people who cannot read or write Vietnamese.

In order to create conditions for ethnic minorities who cannot read or write Vietnamese to learn, understand, take tests, be granted driving licenses and comply with the provisions of the law on road traffic to participate in traffic safely, the Ministry of Transport has stipulated in Circular No. 12/2017 and amended and supplemented Circulars to regulate the subjects, forms of study and testing to meet management requirements, suitable to the conditions and qualifications of ethnic minorities.

Explaining the regulation of the content of the 2 Circulars that were "whistled" by the Ministry of Justice, Mr. Luong Duyen Thong said: "The regulation that learners must have a document from the People's Committee at the commune level confirming that ethnic minorities cannot read or write Vietnamese is to avoid being taken advantage of the policy."

Regarding the Ministry of Transport assigning the Department of Transport to develop and submit to the Provincial People's Committee to promulgate a form of organizing learning and testing for ethnic minorities who cannot read or write Vietnamese, according to Mr. Thong, it is to suit the actual situation of each locality and each ethnic group.

*Driver training and testing (Photo: Government)*

Mr. Thong affirmed that the above two regulations have created favorable conditions for ethnic minorities in studying, testing, and granting driving licenses and "without leaving any consequences that need to be dealt with".

Also related to this issue, Director of the Vietnam Road Administration Nguyen Xuan Cuong informed that immediately after receiving the recommendation of the Department of Inspection of Legal Documents of the Ministry of Justice, the Ministry of Transport assigned the Department to study and amend Circular No. 12/2017/TT-BGTVT, No. 38/2019/TT-BGTVT, Circular No. 01/2021/TT-BGTVT regulating training, testing, and granting of driving licenses to comply with the provisions of law.

At the same time, the Department of Roads will overcome the above shortcomings, but must ensure strictness and practicality in the implementation process, creating favorable conditions for ethnic minorities in studying, testing, and granting A1 and A4 driver's licenses.

To overcome the shortcomings pointed out by the Ministry of Justice, Mr. Luong Duyen Thong said that in the draft revised Circular, it was proposed to abolish the procedure for learners to request confirmation from the People's Committee at the commune level, instead, to ensure that the policy is not exploited. The Department of Transport is responsible for coordinating and exchanging with the People's Committee at the commune level via email, connecting data to verify the correct subjects.

It is known that the draft revised circular 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.

Requiring ethnic minorities to have a certificate of illiteracy from the People's Committee of the commune is a violation.

Previously, on the afternoon of June 14, the Ministry of Justice said that the Department of Inspection of Legal Normative Documents had organized research and inspection of Circular No. 01/2021 and Circular No. 38/2019 regulating training, testing, and granting of road motor vehicle driving licenses issued by the Ministry of Transport.

Accordingly, Clause 2, Article 2 of Circular No. 01/2021 stipulates that ethnic minorities who cannot read or write Vietnamese will have to carry out the procedure of confirming "being an ethnic minority 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 circulars of Ministers is strictly prohibited, except in cases assigned by law or resolution of the National Assembly.

Therefore, the regulation as in Circular No. 01/2021 of the Ministry of Transport is not in accordance with legal regulations.

However, the Department of Inspection of Legal Documents affirmed that the form of driver training is a content assigned by the Road Traffic Law to the Minister of Transport to regulate in detail.

The Law on Promulgation of Legal Documents clearly states that the agency assigned to promulgate detailed regulations is not allowed to further delegate authority. Thus, Circular No. 38/2019 of the Ministry of Transport authorizing localities is not in accordance with legal regulations.

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