WHAT IS THE PROCEDURE FOR RENEWING A DRIVING LICENSE FOR FOREIGNER?

According to the lawyer, the conditions for the renewal of driving licenses for foreigners in Vietnam are specified at points g, Clause 5, 6, Article 37 of Circular No. 12/2017/TT-BGTVT, dated April 15, 2017.

A reader asked: "I have a friend who is a foreigner, he has lived in Vietnam for nearly 1 year. He currently has a driving license issued by a foreign agency but wants to convert this license to drive in Vietnam. How is the procedure for converting a driver's license done? Please advise. Thank you!".

Regarding this question, Lawyer Tran Hau from FDVN Law firm, Da Nang Bar Association answered as follows:

1. Legal regulations on conditions for renewal of driving licenses for foreigners in Vietnam.

According to the provisions at point g, Clause 5, 6, Article 37 of Circular No.12/2017/TT-BGTVT, dated April 15, 2017, foreigners residing, working, and studying in Vietnam, having Diplomatic or Official Identity Card, Permanent Residence Card, Temporary Residence Card, stay permits with duration at least 03 months and having unexpired native driving licenses may apply for renewal with corresponding driving licenses of Vietnam if they wish to drive in Vietnam.

At the same time, it is also important to note the regulations on the cases of not changing the driving license mentioned in Clause 6, Article 37 of Circular No.12/2017/TT-BGTVT as amended and supplemented by Circular No.38/2019/TT-BGTVT, including:

a) Temporary foreign driving licenses, international driving licenses, foreign driving licenses, driving licenses issued by the army or police that have been expired and are suspected of being falsified or so damaged that cannot be identified; suspicious foreign driving licenses that cannot be verified;

b) Driving licenses issued by transport authorities but not included in the driving license information system, list of candidates granted driving licenses (management book);

c) Persons who are not as healthy as prescribed.

d) A Vietnamese holding a foreign driving license that has stayed in the foreign country for under 3 months and the length of stay is not conformable with the required driving training period of the issuing country of driving license.

Thus, if your friend resides, works, or studies in Vietnam, has papers (Diplomatic or Official Identity Card, Permanent Residence Card, Temporary Residence Card, stay permits with a duration of at least 03 months) permanent residence card with a period of 03 months or a more) and unexpired native driving licenses if they wish to drive in Vietnam and do not fall into the cases of not renewing the driving license mentioned above when there is a need to drive in Vietnam, be considered for renewal with corresponding driving licenses of Vietnam.

2. Procedures on renewal of foreign driving licenses

According to the provisions of Article 41 of Circular No. 12/2017/TT-BGTVT as amended by Circular No. 38/2019/TT-BGTVT, the procedure for renewal of foreign driving licenses is as follows:

The candidate shall send a set of applications in person to Directorate for Roads of Vietnam or the Department of Transport (where the residence is registered). 

The application includes:

- Written request for renewal of driving license (the form in Appendix 20 enclosed Circular No. 12/2017/TT-BGTVT);

- A written translation of the driving license in Vietnamese guaranteed in quality by the notary office or Embassy, Consulate in Vietnam where the translator works, affixed with a stamp on adjoining edges of pages and a copy of the driver's license; in case of any question found, the licensing agency shall issue a written request to the Embassy or Consulate for verification;

- The copy of the passport (passport number, full name, passport photo, validity period, and page of entry visa to Vietnam), people’s identity card, citizen’s identity card issued by the Ministry of Foreign Affairs of Vietnam or a photocopy of the Permanent Residence Card, Temporary Residence Card, stay permits or the papers proving the foreigner’s long-term residence in Vietnam; in case of any question found, the licensing agency shall issue a written request to the Ministry of Foreign Affairs, the Immigration Department affiliated to the Ministry of Public Security and the Immigration Office affiliated to the Public Security station at the provinces for verification.

The applicant shall be photographed when submitting the application for replacement and must present the original copy of aforesaid documents (except for sent original documents) for comparison.

Applications for renewal of driving licenses returned to drivers by the licensing agency are original records including documents mentioned above and foreign driving licenses. Applications for renewal of driving licenses for foreigners not permanently residing in Vietnam are stored for 01 year by the licensing agency.

The time limit for renewal of driving license (according to point a, Clause 8, Article 37 of Circular 12/2017/TT-BGTVT): No more than 05 working days since the receipt of applications as prescribed;

Validity period and vehicle classes eligible for driving (according to Clause 7 Article 37 of Circular 12/2017/TT-BGTVT):

- The validity period of Vietnamese driving licenses issued to foreigners should be in compliance with the validity specified in the entry visa or temporary residence card, foreign driving license but not exceed the validity as prescribed in laws on Vietnamese driving licenses;

- National driving licenses issued to multiple-class drivers (drivers who can drive multiple car classes) may be changed into driving licenses to drive respective car classes in Vietnam;

Link of the article: https://dantri.com.vn/.../thu-tuc-cap-doi-giay-phep-lai...

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