MINISTRY OF TRANSPORT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 2/2023/TT-BGTVT
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Hanoi, March 21, 2023
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CIRCULAR
AMENDMENTS TO CIRCULAR NO.
16/2021/TT-BGTVT DATED AUGUST 12, 2021 OF THE MINISTER OF TRANSPORT OF VIETNAM
ON INSPECTION OF TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION 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 of Vietnam
on functions, tasks, entitlements, and organizational structure of the Ministry
of Transport of Vietnam;
At
the request of the Director of the Department of Science, Technology, and
Environment and the Director of the Vietnam Register,
The
Minister of Transport of Vietnam hereby promulgates the Circular on amendments
to Circular No. 16/2021/TT-BGTVT dated August 12, 2021 of the Minister of
Transport of Vietnam on inspection of technical safety and environmental
protection of road motor vehicles.
Article 1. Amendments to Circular No. 16/2021/TT-BGTVT
dated August 12, 2021 of the Minister of Transport of Vietnam on inspection of
technical safety and environmental protection of road motor vehicles
(hereinafter referred to as "Circular No. 16/2021/TT-BGTVT)"
1.
Amendments to Article 5:
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1.
Preparation of vehicle dossiers and inspection documents (including cases of
revision of vehicle dossiers) of road motor vehicles shall be implemented at
any inspection authorities in Vietnam.
2.
Road motor vehicles shall be inspected on the inspection line, excluding the
following cases:
a) Unused
motor vehicles falling under cases of exemption from first-time inspection
according to Clause 3 of this Article;
b)
Oversize motor vehicles unable to enter the inspection line: the inspection of
operation and brake effectiveness or other work items that is impossible on the
inspection line (if any) shall be performed on test roads outside of the
inspection line or performed outside of the inspection authority according to
Clause 3 Article 8 of this Circular;
c)
Motor vehicles unable to move to the inspection authority for inspection that
are permitted to be inspected outside of the inspection authority according to
Clause 3 Article 8 of this Circular: motor vehicles with records of factory
release quality inspection for motor vehicles manufactured and assembled
domestically or certificates (or notifications of inspection exemption) of
technical safety and environmental protection for imported motor vehicles
prescribing “non-road traffic motor vehicles”; motor vehicles operating in
islands without inspection authorities; motor vehicles operating in areas
secured in terms of safety, security, and national defense; motor vehicles
operating in restricted areas such as ports, mines, and construction sites;
motor vehicles performing urgent tasks (prevention, control, and management of
natural disasters or epidemics).
3.
Unused motor vehicles with issued “Records of Factory Release Quality
Inspection” for manufactured or assembled motor vehicles or “Certificates of
Technical Safety and Environmental Protection for Imported Motor Vehicles” or
“Notifications of Technical Safety and Environmental Protection Exemption for
Imported Motor Vehicles” with an interval between the year of production and
the year of application for Inspection Certificates that is less than 2 years
and valid dossiers as prescribed in Clause 1 Article 6 of this Circular shall
be eligible for exemption from first-time inspection.”
2.
Amendments to Clause 1 Article 6:
“1.
Preparation of vehicle dossiers
Vehicle
users shall declare and provide the following information and documents to
prepare vehicle dossiers (excluding cases of first-time inspection for issuance
of Inspection Certificates and Inspection Seals with a period of validity of 15
days):
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b)
Copies of records of factory release quality inspection for motor vehicles
manufactured and assembled domestically (except liquidated motor vehicles);
c)
Master registers of certificates of technical safety and environmental
protection for innovated motor vehicles in case of newly innovated vehicles;
d)
Pencil tracings of vehicle identification numbers in case of vehicles eligible
for exemption from inspection as prescribed in Clause 3 Article 5 of this
Circular;
dd)
Corresponding information as prescribed in Appendix I promulgated together with
this Circular."
3.
Amendments to Point d Clause 1 and Point a Clause 2 Article 8:
a)
Amendments to Point d Clause 1 Article 8:
“d)
Regarding motor vehicles eligible for exemption from first-time inspection, inspection
authorities shall, based on documents provided by vehicle users that are
inspected, adequately assessed, and valid according to Clause 1 Article 6 of
this Circular, issue Inspection Certificates and Inspection Seals (vehicle
users are not required to bring their vehicles to inspection authorities).
Regarding
motor vehicles subject to inspection, inspection authorities shall perform the
inspection according to Clause 2 and Clause 3 of this Article and take photos
of the motor vehicles for archive (with the taken time displayed on such
photos) as follows: 2 overall photos showing the license plate of the motor
vehicle (1 taken at a 45o angle from the front and on the side of
the vehicle, the other photo taken from the rear and on the opposite side of the
vehicle); 2 photos of the undercarriage, except for motor vehicles with up to 9
seats (1 taken from the front of the vehicle and 1 taken from the rear of the
vehicle); photos of the vehicle identification number.".
b)
Amendments to Point a Clause 2 Article 8:
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4.
Amendments to Clause 1, Point a Clause 1, and Clause 5 of Article 9:
a)
Amendments to Clause 1 Article 9:
“1.
Motor vehicles eligible for exemption from first-time inspection or are
qualified after inspection shall be issued with Inspection Certificates and
Inspection Seals according to the form prescribed in Appendix X promulgated
together with this Circular. Vehicle users shall be responsible for
affixing Inspection Seals (for cases of exemption from first-time inspection)
in accordance with Clause 4 Article 9 of this Circular.”.
b)
Amendments to Point a Clause 1 Article 9:
“a)
Inspection Certificate and Inspection Seal provided to a motor vehicle must
carry the same serial number, be printed from the inspection management program
on templates issued by Vietnam Register, and contain information conforming to vehicle
dossiers and data on the inspection management program. Motor vehicles declared
by vehicle users to provide transport services (yellow license plates) shall be
issued with Inspection Certificates and Inspection Seals for motor vehicles
providing transport services; motor vehicles declared by vehicle users to not
provide transport services (license plates with a color other than yellow)
shall be issued with Inspection Certificates and Inspection Seals for motor
vehicles not providing transport services.”.
c)
Amendments to Clause 5 Article 9:
“5.
If Inspection Certificates or Inspection Seals are lost or damaged, vehicle
users shall present vehicles for re-inspection for re-issuance of Inspection
Certificates or Inspection Seals, excluding the following cases:
a) If
First-Time Inspection Certificates or First-Time Inspection Seals of motor
vehicles eligible for exemption from inspection are lost, within 7 working days
from the date of issuance of such certificates and seals, vehicle users or
legally authorized persons shall declare information at inspection authorities
according to the form prescribed in Appendix I promulgated together with this
Circular for the one-time re-print of Inspection Certificates or Inspection
Seals (vehicle owners are not required to bring their vehicles to the
inspection authorities);
b) If
Inspection Certificates or Inspection Seals of motor vehicles eligible for
exemption from first-time inspection are damaged or different from the
information on the motor vehicles, vehicle users shall present the issued
Inspection Certificates or Inspection Seals to the inspection authorities and
make declarations according to Appendix I promulgated together with this
Circular for inspection authorities to review, examine information, and re-print
Inspection Certificates or Inspection Seals (vehicle users are not required to
bring their vehicles to the inspection authorities)."
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“6. For
motor vehicles eligible for exemption from first-time inspection, vehicle users
shall affix inspection seals to their vehicles before participating in traffic
according to Clause 4 Article 9 of this Circular.”.
6.
Amendments to Clause 4 Article 14:
“4.
Cooperate with relevant agencies in issuing and removing warnings on the
inspection management program for motor vehicles failing to meet conformity in
terms of administrative information, technical specifications, and other cases
according to Clause 12 Article 80 of Decree No. 100/2019/ND-CP dated December
20, 2019 of the Government of Vietnam and other cases of warnings at the
request of state agencies.”.
7.
Clause 18 is added to Article 16:
“18.
Inspection authorities shall cooperate in re-printing Inspection Certificates
and Inspection Seals in case they are lost or damaged or have incorrect
information according to Points a, b Clause 5 Article 9 of this Circular.”
Article 2. Replacement of several Appendices promulgated
with Circular No. 16/2021/TT-BGTVT
Appendices
I, II, II, VI, and XI, promulgated with Circular No. 16/2021/TT-BGTVT, are
replaced with Appendices I, II, III, IV, and V, promulgated together with this
Circular.
Article 3. Entry into force and implementation
1.
This Circular comes into force as of March 22, 2023.
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3.
Chief of the Ministry Office, Chief Inspector of the Ministry, Directors of
Vietnam Register, Director of the Department for Roads of Vietnam, Directors of
Departments of Transport, Directors of Departments of Transport - Construction
of provinces and centrally affiliated cities, Directors of relevant agencies,
organizations, and individuals shall implement this Circular./.
PP. MINISTER
DEPUTY MINISTER
Le Dinh Tho