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1. Cases where driving license cannot be changed
According to Clause 6, Article 37 of Circular 12/2017/TT-BGTVT (amended in Circular 01/2021/TT-BGTVT), driving licenses cannot be changed in the following cases:
- Temporary foreign driving license; international driving license; foreign, military, or police driving license that has expired according to regulations, has been erased, torn, or no longer has the necessary elements to exchange the driving license, or has differences in identification; foreign driving license not issued by a competent authority;
- Driver's license of the Department of Transport but not in the driver's license information system, list of driver's license issuance (management book);
- People who do not meet health standards according to regulations.
- Vietnamese people with foreign driving licenses who stay abroad for less than 03 months and the stay period is not consistent with the driving training period of the country that issued the driving license.
2. Subjects eligible for driver's license exchange
Pursuant to Clause 5, Article 37 of Circular 12/2017/TT-BGTVT (amended in Circular 01/2021/TT-BGTVT), the subjects eligible for driver's license exchange include:
- Vietnamese and foreigners are trained, tested and granted driving licenses in Vietnam;
- People with a damaged driver's license issued by the transport sector;
- Vietnamese people and foreigners residing permanently in Vietnam who have a Vietnamese driving license converted from a foreign driving license, when it expires, if they need to change their driving license;
- People with a valid military driving license when they stop serving in the military (demobilization, discharge, transfer of profession, retirement, termination of labor contract in defense enterprises, etc.), if they need to change their driving license;
- People with a driver's license issued by the Public Security after July 31, 1995, with a valid term, when they no longer serve in the Public Security (demobilization, transfer, retirement, termination of labor contract in the People's Public Security), if they have a need to change their driver's license;
- People with a motorcycle driving license issued by the Public Security before August 1, 1995 that is damaged and needs to be renewed, and whose name is in the record book, will be considered for a new driving license;
- Foreigners residing, working, studying in Vietnam, with diplomatic identity cards, official identity cards, temporary residence cards, residence cards, temporary residence cards, permanent residence cards with a period of 03 months or more, with a valid national driving license, if they need to drive in Vietnam, can be considered for conversion to a corresponding Vietnamese driving license;
- Foreign tourists driving foreign-registered vehicles into Vietnam, with a valid national driving license, if they need to drive in Vietnam, can be considered for conversion to a corresponding Vietnamese driving license;
- Vietnamese people (with Vietnamese nationality) during their residence, study or work abroad who are granted a national driving license by a foreign country, with a valid term, if they need to drive in Vietnam, can be considered for conversion to a corresponding Vietnamese driving license.
3. Procedure for changing driver's license
Specifically, Clause 8, Article 37 of Circular 12/2017/TT-BGTVT (amended in Circular 01/2021/TT-BGTVT) stipulates the procedure for changing driving licenses as follows:
- The Vietnam Road Administration or the Department of Transport shall check the dossier upon receipt; in case the dossier is not in accordance with regulations, it must notify the individual directly or in writing or via the online public service system of the contents that need to be supplemented or modified within 02 working days from the date of receipt of the dossier;
- Individuals submitting applications directly are responsible for fulfilling the obligation to pay the driver's license fee when their application is received according to regulations; when submitting applications via the online public service system, they must fulfill the obligation to pay the driver's license fee through the payment function of the online public service system according to regulations and pay fees for other services according to the individual's needs;
- Within 05 working days from the date of receiving a complete application in accordance with regulations, the Vietnam Road Administration or the Department of Transport shall carry out the change of driving license; in case the driving license is not changed, a response must be given stating the reason;
- When changing a driving license, the driving license issuing agency shall keep the driving license change file (original for changing a driving license issued by the Department of Transport; copy for changing a driving license or foreign driving license, changing a driving license issued by the Public Security Department, changing a military driving license issued by the Ministry of National Defense) for 02 years from the date of issuance of the driving license; cut off the corner of the old driving license (except for driving licenses issued by foreign countries), and give it to the driver for safekeeping (except in cases of online application).
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