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MINISTRY OF
TRANSPORT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
08/2023/TT-BGTVT
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Hanoi, June 02,
2023
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CIRCULAR
AMENDMENTS
TO CIRCULAR NO. 16/2021/TT-BGTVT DATED AUGUST 12, 2021 OF THE MINISTER OF
TRANSPORT ON TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION INSPECTION OF ROAD
MOTOR VEHICLES
Pursuant to the Law on Road
Traffic dated November 13, 2008;
Pursuant to Decree No.
56/2022/ND-CP dated August 24, 2022 of the Government on functions, tasks,
powers, and organizational structures of the Ministry of Transport;
At request of Director of
Science -Technology and Environment Department and Director of Vietnam
Register,
Minister of Transport
promulgates Circular on amendments to Circular No. 16/2021/TT-BGTVT dated
August 12, 2021 of the Minister of Transport on technical safety and
environmental protection inspection of road motor vehicles.
Article 1. Amendments to
Circular No. 16/2021/TT-BGTVT dated August 12, 2021 of the btgtvta3 on
technical safety and environmental protection inspection of road motor vehicles
(hereinafter referred to as “Circular No. 16/2021/TT-BGTVT”) and Circular No.
02/2023/TT-BGTVT dated March 21, 2023 of the Minister of Transport on
amendments to Circular No. 16/2021/TT-BGTVT (hereinafter referred to as
“Circular No. 02/2023/TT-BGTVT”)
1. Addition
of Clause 13 to Article 3 of Circular No. 16/2021/TT-BGTVT:
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2. Amendment
to Clause 5 Article 7 of Circular No. 16/2021/TT-BGTVT:
“5. If a motor vehicle undergoes
re-inspection in the same day at the same register authority, the register
authority shall only inspect unqualified work items. If work items relating
brake or steering system do not qualify, the entire corresponding brake or
steering system must also undergo re-inspection. If re-inspection takes place
in different days or by different register authority, all work items must
undergo re-inspection.”.
3. Amendment
to Point d Clause 1 Article 8 of Circular No. 16/2021/TT-BGTVT (amended by
Point a Clause 3 Article 1 of Circular No. 02/2023/TT-BGTVT):
“d) In regard to motor vehicles
eligible for exemption from initial inspection, register authority shall rely
on dossiers provided by vehicle owners to examine adequacy and legitimacy in
accordance with Clause 1 Article 6 hereof and look up vehicle information on
websites of the Vietnam Register. If a motor vehicle has not been issued with
initial certificate of inspection and/or seal of inspection, register authority
shall issue certificate of inspection and/or seal of inspection and update as
“Vehicle exempt from initial inspection” on website of the Vietnam Register. If
a motor vehicle has been issued with initial certificate of inspection and/or
seal of inspection, the vehicle shall not be issued with additional certificate
of inspection and seal of inspection.
If only notice on issue date of
vehicle registration is issued to a motor vehicle eligible for exemption from
initial inspection, register authority shall issue initial inspection seal and
notice on date of returning inspection certificate to vehicle owners using form
under Appendix VII attached hereto. When vehicle owners present documents
relating to vehicle registration (original copies of vehicle registration
issued by competent authority or original copies of proof of retention of
original vehicle registration as pledge (together with copies of vehicle
registration) issued by credit institutions or copies of vehicle registration
verified by financial leasing institutions), register authority shall photocopy
the vehicle registration or original copies of proof of retention of original
vehicle registration as pledge (together with copies of vehicle registration)
issued by credit institutions or copies of vehicle registration verified by
financial leasing institutions for storage in vehicle dossiers, inspection
documents and return inspection certificate. If a motor vehicle has been issued
with initial certificate of inspection and/or seal of inspection, the vehicle
shall not be issued with additional certificate of inspection and seal of
inspection.
In regard to motor vehicles of
which inspection is required, register authority shall carry out inspection in
accordance with Clause 2 and Clause 3 of this Article and take photos of the
vehicles for storage (photos of the vehicles must depict the time in which the
photos are taken) as follows: 2 overall photos that clearly show license plate
of motor vehicle (1 photo taken from a 45-degree angle to the front of the
vehicle and 1 photo taken from the rear maintaining a 45-degree angle to the
vehicle); photo of vehicle chassis number; 2 photos of the undercarriage (1
photo taken from the front and 1 photo taken from the rear) except for
passenger motor vehicles of up to 9 seats.”
4. Amendment
to Point a Clause 1 Article 9 of Circular No. 16/2021/TT-BGTVT (amended by
Point b Clause 4 Article 1 of Circular No. 02/2023/TT-BGTVT); amendment to
Clause 6 Article 9 of Circular No. 16/2021/TT-BGTVT:
a) Amendment to Point a Clause
1 Article 9 of Circular No. 16/2021/TT-BGTVT (amended by Point b Clause 4
Article 1 of Circular No. 02/2023/TT-BGTVT):
“a) Inspection certificate and
inspection seal issued to motor vehicles must bear the same serial number, be
printed from inspection management program on templates issued jointly by the
Vietnam Register, contain details that conform to vehicle dossiers and data on
inspection management program. In regard to motor vehicles whose license plates
are in yellow with black lettering and contain any of the letters of A, B, C, D,
E, F, G, H, K, L, M, N, P, S, T, U, V, X, Y, Z, inspection certificate and
inspection seal of a type for motor vehicles providing transport services shall
be issued; for other cases, inspection certificate and inspection seal shall be
issued in accordance with declaration of vehicle owners.”.
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“6. If register authority
discovers that inspection certificate or inspection seal is fabricated or
otherwise altered, the register authority must produce record of revocation of
inspection certificate and inspection seal using form under Appendix XXI
attached hereto, transfer to police authority, inform the Vietnam Register, and
log information on the violation on websites of the Vietnam Register.”.
5. Amendment
to Clause 1 Article 13 of Circular No. 16/2021/TT-BGTVT:
“1. During the interval between
inspection periods, vehicle owners are responsible for maintaining, and
repairing the vehicles in order to maintain technical conditions of their
vehicles and assume legal liability for operating vehicles that do not meet
technical safety and environmental protection standards on roads.”.
6. Addition
to Clause 6 Article 14 of Circular No. 16/2021/TT-BGTVT:
“6. Facilitate search
operations to verify effective period of inspection certificate, inspection
seal using form under Appendix XX attached hereto; provide accounts for search
operations verifying effective period of inspection certificate, inspection
seal on websites of Vietnam Register to allow the authorities to patrol,
control, take actions against violations, including cases relating to road
motor vehicles.”.
7. Amendment
to Clause 9, Clause 11, and addition of Clause 19 to Article 16 of Circular No.
16/2021/TT-BGTVT:
a) Amendment to Clause 9
Article 16 of Circular No. 16/2021/TT-BGTVT:
“9. Use Program for inspection
management, initial inspection exemption, and equipment control software
published by the Vietnam Register.”.
b) Amendment to Clause 11
Article 16 of Circular No. 16/2021/TT-BGTVT:
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c) Addition of Clause 19 to
Article 16 of Circular No. 16/2021/TT-BGTVT:
"19. Issue warnings for vehicles
that do not pass inspection and cases under Clause 6 Article 9 hereof and
remove warnings for cases where vehicles pass re-inspection on website of the
Vietnam Register.”.
Article 2. Annulment of
Clauses and replacement of Appendices attached to Circular No. 16/2021/TT-BGTVT
and Circular No. 02/2023/TT-BGTVT
1. Replace Appendices I, II,
III, VI, XI attached to Circular No. 16/2021/TT-BGTVT (already replaced by
Appendices I, II, III, IV, V of Circular No. 02/2023/TT-BGTVT) with Appendices
I, II, III, IV, V attached hereto respectively.
2. Add Appendices XX, XXI to
Circular No. 16/2021/TT-BGTVT in form of Appendices VI, VII attached hereto
respectively.
3. Annul Clause 2 Article 3 of
Circular No. 02/2023/TT-BGTVT.
Article 3. Entry into force
and organizing implementation
1. This Circular comes into
force from June 3, 2023.
2. Transition clauses
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b) If inspection certificate
and inspection seal of passenger motor vehicles of up to 9 seats not for
transport services (with up to 7 years of manufacturing time and from 13 years
to 20 years of manufacturing time) are issued before March 22, 2023 and remain
effective until July 1, 2024, the inspection certificate and inspection seal
are allowed for use until the end of the period according to the interval
specified under Appendix V hereof. Effective period of inspection certificate
and inspection seal shall be verified by the Vietnam Register using form under
Appendix VI attached hereto (electronic copies shall be digitally signed by the
Vietnam Register and contain QR code leading to website of the Vietnam
Register). Vehicle owners shall search on website of the Vietnam Register
(https://giahanxcg.vr.org.vn), print written confirmation of effective period
of inspection certificate and inspection seal. The written confirmation serves
as an inseparable component of inspection certificate issued to facilitate road
traffic as per the law;
c) Point b of this Clause does
not apply to cases where inspection certificate and inspection seal expires
before the effective date hereof.
3. Chief of the Ministry
Office, Chief of Minister Inspectorate, Directors, Director of Vietnam
Register, Director of Directorate for Road of Vietnam, Director of Department
of Transport, Director of Transport - Construction Departments of provinces and
central-affiliated cities, heads of relevant agencies, organizations, and
individuals are responsible for the implementation of this Circular./.
PP. MINISTER
DEPUTY MINISTER
Le Dinh Tho