THE MINISTRY
OF TRANSPORT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No.31/2011/TT-BGTVT
|
Hanoi, April
15, 2011
|
CIRCULAR
REGULATING THE INSPECTION OF QUALITY ON TECHNICAL
SAFETY AND ENVIRONMENTAL PROTECTION FOR IMPORTED MOTOR VEHICLES
Pursuant to the Law on
Road Transport dated November 13, 2008;
Pursuant to the Law on
Quality of Products and Goods dated November 21, 2007;
Pursuant to the Decree
No.132/2008/ND-CP dated December 31, 2008 of the Government detailing the
implementation of a number of Articles of the Law on Quality of Products and
Goods;
Pursuant to the Decree
No.51/2008/ND-CP dated April 22, 2008 of the Government defining the functions,
tasks, powers and organizational structure of the Ministry of Transport;
Pursuant to the
Government's Decree No.12/2006/ND-CP dated January 23, 2006, detailing the
implementation of the Commercial Law regarding international goods purchase and
sale and goods purchase and sale agency, processing and transit with foreign
countries;
The Minister of Transport defines as follows:
Chapter I
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Article
1. Scope of governing
1. This Circular provides
for the inspection of quality on technical safety and environmental protection
for imported motor vehicles.
2. This Circular does not
apply to:
a) Imported motorcycles,
mopeds;
b) Imported motor vehicles
used for the purpose of national defense and security of the Ministry of
Defense, Ministry of Public Security;
c) Motor vehicles imported
for the implementation of the special purposes and not for participating in
traffic.
Article
2. Application subjects
This Circular applies to the
foreign and domestic organizations, individuals (hereinafter referred to as the
organizations, individuals) importing motor vehicles and the organizations and
agencies relating to the management, inspection and testing of motor vehicles.
Article
3. Interpretation of terms
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1. Motor vehicles are
the types of motorized means of transportation operating on roads (except for
motorcycles and mopeds) that are defined in the standard -TCVN 6211 and TCVN
7271, including the chassis.
2. Motor vehicles of the
same type are the types of motor vehicles of the same industrial owner, the
same brand, the same design, the same specifications, the same country of
manufacture.
Article
4. Imported motor vehicles must comply with the
current regulations on the type and respective standards, technical
regulations.
Article
5. Vietnam Register (hereinafter referred to as
the inspection agency) organizes and conducts the inspection of quality on
technical safety and environmental protection (hereinafter referred to as
inspection) for imported motor vehicles within the whole country.
Chapter
II
REGULATING THE
INSPECTION OF QUALITY ON TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION
Article
6. Dossier registering for inspection
1. Dossier registering for
inspection includes the following documents:
a) The original written
registration for inspection stating clearly the bodywork number, engine number
and year of manufacture of the motor vehicle in the form specified in Appendix
I to this Circular;
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c) Copies of the documents
introducing the features and specifications certified by the importers in which
are shown the following basic contents: The basic parameters of size; mass:
kerb mass, transportation mass, the total mass, kerb mass disposing on the
axles (only applies to the motor vehicles with the total mass of 15 tonnes or
more); basic specifications of the engine; seating capacity including the
driver; size of tires; the main systems including: drivetrain, brake system,
suspension system, steering system, signal lights, specialized structures
mounted on the vehicle (if any);
As for the motor vehicles
not yet used, in addition to the documents introducing features and
specifications as mentioned above, the importers must add the following
documents:
- The original of finish
testing slip issued by the manufacturer for each motor vehicle with bodywork
number, engine number (if available) or a certificate of quality (C/Q) of the
manufacturer issuing for imported motor vehicle.
- Documents related to the
emission of unused, imported motor vehicles, including copies certified by the
importer of one of the following documents:
+ Report on emission testing
issued by foreign competent agency, organization for the type of motor vehicle
or motor vehicle engine (for heavy cars) in which state the testing results of
the tests specified in the respective regulations;
+ Certificate issued by
foreign competent agency for the type of motor vehicle or motor vehicle engine
(for heavy cars) that was satisfactory the requirements on emission according
to current regulations or higher for each type of vehicle and test specified in
the respective reguation.
+ Written certification (or
certificate) issued by the manufacturer for the type of motor vehicle or motor
vehicle engine (for heavy cars) in which certifies that the type of motor
vehicle or motor vehicle engine was satisfactory the requirements on emission
according to current regulations or higher for unused, imported motor vehicles
of the objects as: motor vehicles issued Certificate of type of heavy car
produced in countries that do not apply the European emission standards but met
the requirements of these countries and these requirements are equivalent to or
higher than the current level by the competent agencies of the countries
applying European emission standards.
The use of written
certification (or certificate) issued by the manufacturer for the type of motor
vehicle or motor vehicle engine (for heavy cars) to replace the Report on
emission testing or certificate of foreign competent agency as stated above is
applied only for a period of 02 years from the effective date of this Circular.
- Requirement for documents
related to the emission of motor vehicles does not apply to the following
objects:
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+ Motor vehicles imported
under separate provisions of the Prime Minister;
+ Motor vehicles imported as
non-refundable aids or gifts for the agencies, organizations.
d) For used cars carrying
passengers of less than 16 seats, in addition to the documents mentioned in the
points a, b and c, Clause 1, Article 6 of this Circular, the importers must add
a copy certified by the importers of one of the following papers:
- A certificate of
registration or one of the papers of equivalent value;
- A Certificate of
circulation;
- A written cancelation of
the certificate of registration or written cancellation of certificate of
circulation issued for the vehicle by the competent agency of the country where
the car is registered for circulation.
Particularly for the cases
that the vehicle has changed owners for several times before being imported to
Vietnam and on the registration certificate or alternative papers having no
enough basis to determine the time of registration for using vehicle, the
importer may add legal evidence showing the previous registration times of the
specialized agencies or organizations in management of the vehicles in the
vehicle exporting countries.
2. It is not required the
documents introducing the features and specifications and documents related to
emission specified at Point c, Clause 1, Article 6 of this Circular for
imported motor vehicles of the same type with vehicles inspected and issued
certificate of quality on technical safety and environmental protection for
imported motor vehicles (hereinafter referred to as the certificate of quality).
Particularly for the used motor vehicles, the documents introducing the
features and specifications may be replaced by the written Registration for
specifications of imported motor vehicles made by the importer according to the
contents mentioned in Appendix II attached to this Circular.
3. Documents such as: import
goods declaration; the written Registration for specifications of imported
motor vehicles; Documents related to the emission of unused motor vehicles can
be submitted by the imported prior to the inspection of vehicle.
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Unused motor vehicles
(including chassis) are inspected in accordance with the following provisions:
1. Verification of the type
a) This inspection method
applies to the motor vehicles which have not been used, produced before the
time of importation for not more than 03 years, with a complete dossier in
accordance with Article 6 of this Circular and meeting one of the following
conditions:
- The motor vehicles
inspected under the convention or agreements on mutual recognition of standards
and conformity which Vietnam has signed or acceded to;
- Motor vehicles imported by
authorized dealers on sales and warranty of the manufacturers, with the same
type of vehicles issued the certificate of quality by the inspection agency.
b) The inspection content:
inspect the conformity of the vehicle type shown in the registration dossier
for inspection compared to other types which have been certified by the
inspection agency;
Inspect the status of the
bodywork number, engine number of each imported vehicle of the same type with
the one shown in the registration dossier for inspection.
2. Inspection of sample car
test
a) This inspection method
applies to each type of motor vehicles which have not been used other than
those referred to in Clauses 1, 2 of Article 7 of this Circular and of one of
the following cases:
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- Motor vehicles having type
but not yet certified on such type by foreign competent agency.
b) The inspection content:
Test 01 randomly-chosen sample vehicle of each type of vehicle shown in the
registration dossier for inspection by the items specified in the current
technical regulations of the Ministry of Transport of quality on technical
safety and environmental protection for motor vehicles;
Inspect the status of the
bodywork number, engine number of each imported vehicle of the same type with
the sample one.
3. Inspection of probability
a) This inspection method
applies to each type of motor vehicles which have not been used with a complete
dossier in accordance with provisions, other than those referred to in Clauses
1 and 2 of Article 7 of this Circular and of one of the following cases:
- The motor vehicles which
have been certified by the inspection agency of type but subject to the one which
the inspection agency has basis to demonstrate the difference in specications
between technical documents with imported motor vehicles or technical documents
are not reliable enough for use as basis for inspection.
- The motor vehicles of the
type which has not been issued certificate of quality by the inspection agency;
- The motor vehicles of the
same type with the vehicles issued certificate of quality by the inspection
agency but imported by the organizations or individuals that are not authorized
dealers for sales and warranty of the manufacturers.
b) The inspection content:
inspect 01 randomly-chosen sample vehicle of each type in the registration
dossier for inspection according to the items of overall inspection, the engine
inspection, brake system inspection, suspension system inspection, steering
system inspection, inspection of electrical equipment, signal lights under the
provisions referred to in Article 8;
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4. Inspection of each
vehicle
a) This method applies to
the motor vehicles other than those mentioned in the Clauses 1, 2 and 3 of
Article 7 of this Circular.
b) The inspection content:
inspect according to the items of overall inspection, the engine inspection,
brake system inspection, suspension system inspection, steering system
inspection, inspection of electrical equipment, signal lights under the
provisions referred to in Article 8.
5. Inspection of emission
test (except for evaporative test)
a) This method applies to
the motor vehicles under the following objects:
- Motor vehicles without
emission-related documents as prescribed at Point c, Clause 1, Article 6 of
this Circular;
- Motor vehicles with
emission-related documents but the documents do not fully reflect the tests
applies to the vehicles as defined in the national technical regulations QCVN
05: 2009/BGTVT "National technical regulations on emission of cars
produced, assemblied and imported newly";
- Motor vehicles with
structures not suitable to emission-related documents.
b) The inspection content:
inspect 01 randomly-chosen sample vehicle of each type vehicle in accordance
with provisions in the national technical regulations QCVN 05: 2009/BGTVT
"National technical regulations on emission of cars produced, assemblied
and imported newly" and tested at the National Motor Vehicle Emission Test
Center - Vietnam Register or at one of the emissions testing facilities
accredited by the inspection agency
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Used motor vehicles
(including trucks without cargo trunk) imported, with a complete dossier in
accordance with Article 6 of this Circular, are inspected each vehicle under
the following provisions:
1. General inspection
a) Number of bodywork and/or
VIN number, engine number is not forged, closed and must be in compliance with
the registration dossier for inspection of vehicle;
b) The motor vehicles must
be in normal working condition, must be ensured full utility, function, shape
and structure in accordance with the documents introducing the features and
specifications registered at the inspection agency (except for trucks with
trunk);
c) The motor vehicles must have
a size, mass and mass disposal on the axles in accordance with the provisions
of the current technical regulations of the Ministry of Transport on the
quality of technical safety and environmental protection for motor vehicles.
2. Inspection of the body,
cabin, trunk
a) It must not be cracked,
broken, has no holes, not be rotten, not be torn;
b) Car-door must be gentle
when being openend or closed, must not be self-opened when driving;
c) The windshield and window
glass is the type of safe glass, the right type of such vehicle, in accordance
with the regulations on the safety for vehicle occupants; it must not be
broken, cracked or changed color;
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đ) Driver and passenger seats
must be in accordance with the layout of technical documents; must be
assemblied firmly with size in accordance with the provisions of the current
technical regulations of the Ministry of Transport on the quality of technical
safety and environmental protection for motor vehicles;
e) Seat belts: must be
adequate according to regulations and the technical documents of such vehicle;
must be assembled firmly, not be torn; buckles must be opened and closed
gently; must not be self-opened; belts must not be stuck, brake structure must
make the belts to be held tightly when a sudden shock occurs.
3. Inspection of the
bodywork
It must not be cracked,
broken, bent at a level of knowing with eye; It must not be rusty affecting the
bearing capacity of the structure.
4. Inspection of engine
a) It must be in compliance
with type or type with equivalent capacity. Engine capacity for 01 ton of the
total mass of car must be reached 7.35 kW or more (this requirement does not
apply to specialized vehicles, electric vehicles and vehicles with the total
mass of 30 tons or more); in case motor vehicles with a engine capacity for 01
ton of the total mass of vehicle do not meet the requirements, the inspection
agency will adjust the transport weigh and the total mass of the vehicle in
accordance with regulations;
b) There is no leakage into
drops of fuel, lubricant and cooling water;
c) The engine must operate
when being started up by continuous electric starter not more than 3 times,
each time not more than 5 seconds;
d) The engine must operate
stably at idle rotation mode; not have strange knock;
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e) The maximum allowable
limit of the engine emission must meet the following provisions:
- For vehicles fitted with
spark ignition, 4-stroke cycle: CO content must not exceed 3.0% by volume; HC
content does not exceed 600 ppm by volume;
- For vehicles fitted with
spark ignition, 2-stroke cycle: CO content must not exceed 3.0% by volume; HC
content does not exceed 7800 ppm by volume;
- For vehicles fitted with
spark ignition, special type (as engines such as the Wankel engine and some
other engines with special structure different from the structure of the types
of engines of piston, piston ring commonly used nowadays): CO content must not
exceed 3.0% by volume; HC content does not exceed 3300 ppm by volume;
- For vehicles fitted
compression ignition engine: smoke does not exceed 60% of HSU;
g) Noise coming from
vehicles as stopping shall not exceed the maximum allowable noise level
specified in the current technical regulations of the Ministry of Transport on
quality of technical safety and environmental protection for motor vehicles;
h) The working volume of the
engine is recorded at the value expressed in the documents introducing the
features and specifications or bench wise fixed on the engine or the
manufacturer's information. In case the technical documents do not show this
value or have doubtful questions about the value expressed in the technical
documents, the working volume of the engine is recognized by the result of
measurement of the actual working volume of the engine.
5. Inspection of the
drivetrain and motion systems
a) Embrayage: Installed
solidly, with free journey. Lightly controlled, completely closed, the
definitively cut. No leakage of oil droplets in the whole system;
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c) It must not have strange
knock in the transmission gear, auxiliary gearbox, main transmission structure
... as being operated;
d) Propeller shaft must not
be deformed, no cracked, broken;
đ) Driving axle must normally
operate, have no cracks, no leakage of oil drops;
e) Rigid axe must not be
deformed, no cracked;
g) Hubs must not be
loosened, not be so tight;
h) The tires must be in
compliance with technical documents, have enough quantity, not be blistered, not
be cracked or broken.
6. Inspection of the brake
system
a) It must have all parts,
details according to the technical documents of the type of vehicle;
b) The oil, gas pipelines
must not be cracked, not be worn, squashed, not be leaked;
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d) Foot brake:
- For oil braking system:
after not more than 2 times of braking, the brake system must work.
- For air brake system:
after pressing brake pedal, the brake system must work. When pressing the brake
pedal completely, the pressure in the compressed air vessel is not less than 5
kG/cm2.
đ) The parking brake:
affected after being controlled;
e) Brake connectors of
trailers, semi-trailers: must be the right kind, assembled solidly; not be
damaged or leaked.
7. Inspection of the
steering system
a) It must have all parts,
details according to the technical documents of the type of vehicle and operate
normally, stably;
b) Steering wheel: fixed in
the left of the vehicle (except for vehicles permitted by the competent
authority), the right type, not be cracked or broken; the wheel alignment must
satisfy: displacement of a point on the rim of the steering wheel does not
exceed 1/5 the diameter of the steering wheel;
c) Drive axle: be the right
type, assemblied solidly, there is no wear along the axle and radial wear, not
be cracked, broken, not be so tight when turning;
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đ) Driving bars and lever:
not be deformed, not be cracked, there are enough details of grip and loose
prevention, not be cracked, broken, not be welded;
e) Ball joints and navigation
joint: assemblied solidly, there are enough details of loose prevention, not be
loosen, have no noise when shaking the steering wheel, not be cracked, broken,
moving without jerkiness;
g) Pivot point: assemblied
solidly, there are enough details of loose prevention, there is no wear between
spring and shaft, not be cracked, broken, not be so tight when turning;
h) Power steering: be the
right type, assemblied solidly, not be cracked, not be leaked into oil
droplets.
8. Inspection of suspension
system
a) The elastic parts:
tweezers, springs, torsion bars, etc. must be the right type, sufficient
quantities, not be cracked, broken, deflected; not be worn into edges on the
border between the leaf springs. The underbody clearance of vehicle must be
ensured to be in accordance with technical documents of such vehicle;
b) For the elastic
compressed air part: compressed air must not be leaked, body of the vehicle
must be ensured balance according to the directions;
c) The hydraulic shock
absorber must normally operate, not be leaked into oil drops.
9. Inspection of electrical
equipment, lights and signals
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b) Horn, lights, signal lights,
windshield wipers must ensure standards of technical safety according to
current regulations for motor vehicles in circulation.
10. Inspection of
specialized structures
For specialized motor
vehicles, specialized structure must be adequate, ensure the function in
accordance with the technical documents of the vehicle.
Article
9. Handling of results
1. After inspecting the
motor vehicle and receiving a complete dossier in accordance with provisions
related to the imported motor vehicle, the inspection agency will issue quality
certificate for each case as follows:
a) The motor vehicles
satisfying the requirements referred to in clause 1 of Article 7, the
inspection agency shall issue Notification of quality inspection exemption
(hereinafter referred to as the Notification of inspection exemption) in the
form set out in Annex III attached this Circular;
b) The motor vehicles
satisfying the requirements referred to in the Clauses 2, 3, 4, Article 7 and 8
of this Circular, the inspection agency shall issue the quality certificates in
the form specified in Appendix IV attached to this Circular;
c) The motor vehicles
inspected and tested are not satisfactory, the inspection agency shall issue a
Notification of unsatisfactory quality on technical safety and environmental
protection for motor vehicles imported in the form set out in Appendix V
together with this Circular and send it to the concerned agencies to take
handling measures.
2. Quality Certificate or
Notification of quality inspection exemption for imported motor vehicles is
used to solve the technical safety inspection procedures for the first time,
register vehicles and is used to solve the procedures of import at the request
of the competent authority.
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3. The handling of a number
of special cases in the inspection process is done as follows:
a) In case the motor
vehicles used have no documents introducing the features and specifications or
the content of the technical documents is incomplete, the basic specifications
of the vehicle is determined on the basis of the actual inspection, test;
In case the vehicles have
changed from abroad on a number of specifications or structure compared to the
basic vehicles, the importers must present documents of the foreign agency
managing means for teh vehicles changed. Total mass of the imported motor
vehicles in this case is not more than the value stated in the documents of the
foreign agency managing means for the vehicles changed;
b) For truck with mass
disposing on the axles is more than the one prescribed, the transportation mass
of imported vehicles is determined according to the result of calculation of
axle load permitted under the provisions of the Ministry of Transport;
c) The specialized motor
vehicles having size and/or volume more than the one defined in the
corresponding provisions or other specialized vehicles with right-hand steering
wheel operating in a narrow sphere permitted to be imported as specified in
Section 5, Part II, Appendix 01, issued together with the Decree
No.12/2006/ND-CP dated 23/01/2006 of the Government, are inspected for import
but the Quality Certificate shall be recorded as: This vehicle is worked only
in a narrow sphere, when joining the traffic must be permitted by the competent
road management agencies;
d) If imported motor
vehicles are damaged during transport from the port of loading to Vietnam, the
importers are allowed to complete a number of clusters as follows: Bodywork,
cabin, trunk having paint scratches or oxidized partially but having no
woodeaters, holes; windshield, glass windows being cracked; lighting system,
signal lights: being cracked or broken; control relay being missed; rear
mirrors being cracked, broken; windshield wiper being damaged or abnormally
operating; Battery not working;
đ) If unused motor vehicles
having size more than the one defined in the current provisions, they are
disassembled to facilitate transportation to Vietnam, the inspection agency
inspects import quality only when the vehicles are assemblied completely;
e) In the case of motor
vehicles subject to the recall (recall) to repair, remedy errors in accordance
with the current provisions on recall of the defective auto products notified
officially by vehicle manufacturers (or the foreign agency managing means) at
the time of inspection of imported vehicles, the inspection agency shall issue
the quality certificates only after the importers send written commitments
together with the documents of the manufacturers or of the facilities
authorized by the manufacturers certifying the imported vehicles have been
fixed and repaired their faults and ensured safety;
g) If the vehicles do not
have number of bodywork and/or the engine number or the vehicles have many
number of bodywork and/or the engine number not being forged, closed, the
inspection agency shall record specifically the status of the number of
bodywork and/or the engine number into the quality certificates of the
vehicles;
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When there is doubt about
the status of number of bodywork and/or the engine number of the motor vehicle,
the inspection agency will request for expertise in the specialized expertise
agency for specific handling;
h) The production year of
motor vehicle is determined according to the following bases:
- The vehicle identification
number (VIN);
- According to the vehicle's
number of bodywork;
- According the
manufacturer's documents such as: catalogs, specifications manuals, software or
other information of the manufacturer;
- Information on the
manufacturer's label attached or stamped on the vehicle;
- According to the
production year recorded in the copy of the certificate of vehicle registration
or the written cancelation of the vehicle registration in circulation in
foreign country;
For other special cases, the
inspection agency shall establish an Appraisal Council, including the
participation of specialized technical experts for making decision.
Article
10. Procedures for issuing Certificate of quality, technical safety and environmental
protection for imported motor vehicles
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a) The importers make 01 set
of registration dossier for inspection in accordance with provisions of Article
6 of this Circular and submit directly to the inspection agency;
b) After receipt of the
dossier of registration for inspection, the inspection agency will review and
compare the dossier of registration for inspection with the current regulations
relating to motor vehicles and handle as follows: If the dossier of
registration for inspection has not completed in accordance with provisions,
the inspection agency will guide the importers to supplement, complete it;
If the dossier of
registration for inspection has completed in accordance with provisions in
clause 1 of Article 6 of this Circular, the inspection agency will certify in
the written registration for inspection, at the same time agree with the
importers for the time and place of the inspection;
c) The inspection agency
shall inspect imported motor vehicles at the place agreed with the importers
and issue Notification of quality inspection exemption and Notification of
unsatisfactory quality as specified in points a, b and c, Clause 1, Article 9
of this Circular.
2. Mthod of the
implementation
The importers apply for
registration for inspection directly in the inspection agency and receive
quality certificate after made payment of fees and charges in accordance with
the current regulations relating to the inspection and grant of certificate of
quality for imported motor vehicles.
3. Time limit for settlement
a) For the inspection of
dossier registering for inspection and certification into the written
registration for inspection: within 01 working day;
b) For the vehicle
inspection and grant of quality certificate: Within 10 working days (for motor
vehicles with seat capacity of less than 16 seats, unused) or 05 working days
(for the other type of vehicles) from the end of motor vehicle inspection with
satisfactory result and receipt of complete dossier as prescribed.
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EFFECT
Article
11. Effect
1. This Circular takes
effect 45 days from the date of signing and annul the Decision
No.35/2005/QD-BGTVT dated July 21, 2005 of the Minister of Transport
promulgating the Regulation on inspection of quality on technical safety and
environmental protection for imported motor vehicles.
2. Certificate of quality
and Notification of inspection exemption that have been issued before the
effective date of this Circular are still valid.
Chapter
IV
IMPLEMENTATION
ORGANIZATION
Article
12. Responsibilities of the importers
1. To take responsibility
for the truthfulness and accuracy of the documents provided to the inspection
agency.
2. To maintain the status
quo of motor vehicles the inspection agency to conduct inspection;
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Article
13. The inspection agency's responsibility
1. To implement this
provision and take responsibility for guiding the importers in ensuring import
requirements for quality on technical safety and environmental protection for
imported motor vehicles.
2. To unify the issue,
management of certificate of quality.
3. To build professional
guidance of inspection of quality on technical safety and environmental
protection for imported motor vehicles.
4. To collect the amounts
relating to the inspection and issue of certificates of quality according to
current regulations.
5. To archive inspection dossiers
of imported motor vehicles for a period of 02 years.
6. To sum up the quality
inspection results of imported motor vehicles to report to the Ministry of
Transport.
Article
14. Implementation Organizations
Chief of the Ministry’s
Office, Chief Inspector, Head of the Departments, Director of the Vietnam
Register, the heads of concerned agencies, organizations and individuals shall
implement this Circular./.
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MINISTER
Ho Nghia Dung