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THE
MINISTRY OF TRANSPORT OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No:
45/2024/TT-BGTVT
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Hanoi,
November 15, 2024
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CIRCULAR
ON ISSUANCE, REISSUANCE, SUSPENSION, AND REVOCATION OF
CERTIFICATES OF ROAD VEHICLE INSPECTOR
Pursuant to
Law on Road traffic order and safety dated June 27, 2024;
Pursuant to
Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government on functions,
tasks, powers and organizational structure of the Ministry of Transport;
At the
request of Director General of Department of Science - Technology and
Environment and Director General of Vietnam Register;
The Minister
of Transport issues a Circular on issuance, reissuance, suspension, and
revocation of certificates of road vehicle inspector.
Chapter I
GENERAL PROVISIONS
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This Circular
provides issuance, reissuance, suspension, and revocation of certificates of road
vehicle inspector (hereinafter referred to as “inspector certificate(s)”).
Article 2.
Regulated entities
1. This Circular
applies to organizations and individuals related to issuance, reissuance,
suspension, and revocation of inspector certificate.
2. This
Circular shall not apply to organizations and individuals related to issuance,
reissuance, suspension, and revocation of inspector certificate under
management of the Ministry of National Defense and the Ministry of Public
Security.
Article 3.
Term interpretation
For the
purposes of this Circular, the terms below shall be construed as follows:
1. Road vehicle
inspectors (hereinafter referred to as “inspector(s)") mean persons
granted inspector certificates to conduct inspection and certification of
motorized vehicles, heavy-duty vehicles, and motorized vehicle parts;
2. Professional
training for inspectors means training to provide trainee with theoretical
knowledge and skills to perform motorized vehicle inspection and exhaust
inspection for motorbikes and mopeds;
3. Inspector
internship means the process of trainees applying the knowledge and skills they
have acquired after professional training for inspectors at the registration
and inspection facilities under the guidance and supervision of the inspector;
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Article 4.
Professional works of inspectors
Professional
works of inspectors include: Inspection-related and certification-related
works.
1. Inspection-related
works:
a) Technical
safety and environmental protection inspection of motorized vehicles (hereinafter
referred to as “motorized vehicle inspection")
a) Technical
safety and environmental protection inspection of heavy-duty vehicles
(hereinafter referred to as “heavy-duty vehicle inspection")
c) Exhaust
inspection of motorbikes and mopeds.
2. Certification-related
works:
a) Inspection
and certification of technical safety and environmental protection of motorized
vehicles, heavy-duty vehicles, motorized vehicle parts (hereinafter referred to
as “eligibility inspection and certification”)
b) Inspection
and assessment of: technical safety and environmental protection assurance for
motorized vehicles, heavy-duty vehicles, motorized vehicle parts at manufacturing
and assembly facilities; inspection and certification facilities; motor vehicle
warranty and maintenance facilities (hereinafter referred to as “eligibility
assurance assessment”);
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d) Testing of
motorized vehicle parts;
dd) Exhaust testing
of motorized vehicles;
e) Testing of
energy consumption of motorized vehicles.
Chapter II
ON ISSUANCE, REISSUANCE
OF INSPECTOR CERTIFICATES
Section 1.
PROFESSIONAL TRAINING, INTERNSHIP AND ISSUANCE, REISSUANCE OF CERTIFICATES OF
INSPECTORS IN CHARGE OF MOTORIZED VEHICLE INSPECTION AND EXHAUST INSPECTION FOR
MOTORBIKES AND MOPEDS
Article 5.
Professional work of inspectors
1. Contents of
the professional training for Class III inspectors in charge of exhaust
inspection for motorbikes and mopeds:
a)
Responsibilities and powers of organizations and individuals in exhaust
inspection for motorbikes and mopeds; violations, handling violations in
exhaust inspection for motorbikes and mopeds; regulations on occupational
safety; regulations on measurement; code of conduct, professional ethics;
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c) Structure,
operational principles, technical maintenance of means subject to exhaust
inspection for motorbikes and mopeds;
d) Inspection
methods.
2. Contents of
the professional training for Class II inspectors in charge of motorized
vehicle inspection:
a) The history
of formation, construction, and development of the registration system;
responsibilities and power of organizations, individuals in the inspection;
violations, handling of violations in the inspection; regulations on
occupational safety; regulations on measurement; code of conduct, professional
ethics;
b) Legislative
documents, national technical regulations, national standards, procedures, and
professional guidelines related to motorized vehicle inspection;
c) Inspection
methods.
d) Use of
specialized software programs related to motorized vehicle inspection;
dd) Structure,
operating principles, technical maintenance of means subject to motorized
vehicle inspection;
e) Knowledge of
technology installed on motorized vehicles;
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h) Procedures,
methods for calculation, assessment of design documents for modified motorized
vehicles; use of specialized software programs related to certification of
technical safety and environmental protection for modified motorized vehicles.
3. Contents of
the professional training for Class III inspectors in charge of motorized
vehicle inspection:
a) Tasks:
analyzing the structure, diagnosing the technical condition, damages, and
causes of malfunctions of various parts, systems, and assemblies of motorized
vehicles and remedial measures;
b) New
technologies applied in the inspection and assessment of motor vehicles;
c) Skills for
management and organization of motorized vehicle inspection at registration and
inspection facilities;
d) Analysis,
assessment, diagnosis of the operational status of measuring instruments
(testing device).
4. Trainees
must take a test after completing the professional training. If the result is
70% or higher of the total points, the trainee is considered passed. If the
result is below 70% of the total points, the trainee is allowed to retake the
test only once. If the trainee fails the retest, they must undergo training and
testing in accordance with this Article if necessary.
Article 6.
Inspector internship
1. Trainees
applying for issuance of Class III and Class I inspector certificates do not
have to undergo internship as stipulated in clause 3, clause 4 of this Article.
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3. Internship
duration and volume:
a) 03 months
for trainees granted a certificate of inspector in charge of one or more
specialized tasks as stipulated in clause 2 of Article 4 of this Circular or
have worked at auto warranty, maintenance, repair, or manufacturing assembly
facilities meeting the requirements therefor set by the Government for over 18
months (the duration shall be based on the date of first issuance of inspector
certificate or calculated cumulatively based on employment contract, social
insurance records): trainees must conduct inspections and assessment of at
least 100 vehicles per process of various types (multiple processes can be
performed on one vehicle); prepare vehicle dossiers for at least 15 vehicles;
conduct certification of technical safety and environmental protection for at
least 15 modified motorized vehicles;
a) 06 months
for trainees granted a certificate of inspector in charge of one or more
specialized tasks as stipulated in clause 2 of Article 4 of this Circular or
have worked at auto warranty, maintenance, repair, or manufacturing assembly
facilities meeting the requirements therefor set by the Government from 12 - 18
months (the duration shall be based on the date of first issuance of inspector
certificate or calculated cumulatively based on employment contract, social
insurance records): trainees must conduct inspections and assessment of at
least 200 vehicles per process of various types (multiple processes can be
performed on one vehicle); prepare vehicle dossiers for at least 30 vehicles;
conduct certification of technical safety and environmental protection for at
least 25 modified motorized vehicles;
a) 09 months
for trainees granted a certificate of inspector in charge of one or more
specialized tasks as stipulated in clause 2 of Article 4 of this Circular or
have worked at auto warranty, maintenance, repair, or manufacturing assembly
facilities meeting the requirements therefor set by the Government from 06 - 12
months (the duration shall be based on the date of first issuance of inspector
certificate or calculated cumulatively based on employment contract, social
insurance records): trainees must conduct inspections and assessment of at
least 300 vehicles per process of various types (multiple processes can be
performed on one vehicle); prepare vehicle dossiers for at least 45 vehicles;
conduct certification of technical safety and environmental protection for at
least 30 modified motorized vehicles;
d) At least 12
months for cases not specified in point a, point b, point c of this Clause: trainees
must conduct inspections and assessment of at least 400 vehicles per process of
various types (multiple processes can be performed on one vehicle); prepare
vehicle dossiers for at least 60 vehicles; conduct certification of technical
safety and environmental protection for at least 40 modified motorized
vehicles;
4. Internship
contents:
a) Using
programs and software at the registration and inspection facility including:
vehicle data lookup; inspection management software; alert software; assessment
and testing programs; device control programs; and other business management
programs;
b) Practicing
in preparing vehicle dossiers and conducting inspections of 5 processes.
c) Practicing
in certifying the technical safety and environmental protection of modified
motorized vehicles.
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1. The issuance/reissuance
application includes:
a) Application
for issuance, reissuance of inspector certificates using Form specified in
Appendix V attached to this Circular;
b) Professional
resume using Form specified in Appendix I attached to this Circular;
c) Copy issued
from the original book or a copy authenticated by the corresponding level of
professional qualification;
d) Copy of the
notification of completion of corresponding professional training;
dd) Copy of an
unexpired driver license for professional tasks specified in point a of clause
1 of Article 4 of this Circular;
e) Confirmation
of inspector internship using form specified in Appendix II attached to this
Circular;
g) Copy of the
inspector certificate or employment contract and social insurance records (for
cases eligible for reduction of duration and volume of internship as stipulated
in clause 3 of Article 6 of this Circular).
2. Application
for issuance of inspector certificates:
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b) Class II
inspectors: documents specified in points a, b, c, d, dd, e, g of clause 1 of
this Article;
c) Class I
inspectors: documents specified in points a, b, d, dd of clause 1 of this
Article;
3. Application
for reissuance of inspector certificates:
a) Re-issuance
in accordance with points a, c of clause 1 of Article 9 of this Circular:
documents specified in points a, b, dd of clause 1 of this Article;
b) Re-issuance
in accordance with point b of clause 1 of Article 9 of this Circular: documents
specified in point a of clause 1 of this Article;
Article 8.
Procedures for issuance, reissuance of certificates of inspectors in charge of
motorized vehicle inspection and exhaust inspection for motorbikes and mopeds
1. After
receiving notification of passing professional training (for Class III and
Class I inspectors) or upon completion of professional training (for Class II
inspectors), organizations or individuals applying for issuance of inspector
certificates shall submit the application in accordance with clause 2 of
Article 7 of this Circular in person, via the postal service, through the
public service portal, and the electronic single-window information system of
the Ministry of Transport.
2. Application
receipt:
a) For
in-person submissions: Within the working day, the Vietnam Register shall
inspect its adequacy: if the application is inadequate, instruct the applicant
in writing to complete it; if the application is adequate, receive the
application;
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3. Within the
30 working days from the date of receiving the application in accordance with
applicable regulations, the Vietnam Register shall notify and organize the
assessment of the motorized vehicle inspector’s operations. Individuals are
assessed by a higher-class inspector or an equivalent-class inspector with a
minimum of 36 months of experience. The assessment results shall be recorded in
the report on assessment of inspector’s operations as per the form specified in
Appendix IV attached to this Circular.
4. Issuance of
inspector certificates or notification of results of assessment of inspector’s
operations:
a) Within 5
working days from the completion of the assessment of inspector’s operations,
the Vietnam Register shall issue the inspector certificate as per the form
specified in Appendix VII attached to this Circular for cases passing the
assessment or notify the assessment results as per the form specified in
Appendix VIII attached to this Circular for cases not passing the assessment. Cases
of not passing the assessment shall carry out the procedures specified in this
Article to be issued an inspector certificate;
For the
inspector in charge of the exhaust inspection of motorbikes and mopeds, within
5 working days from receiving the complete documents as per regulations, the
Vietnam Register shall issue the inspector certificate as per the form specified
in Appendix VII attached to this Circular.
5. The
inspector certificate shall be given to the applicant in person, via the postal
service, through the public service portal, and the single-window electronic
information system of the Ministry of Transport.
6. The validity
of the inspector certificate for each professional work is 60 months from the
date of issuance.
Article 9.
Procedures for reissuance of certificates of inspectors in charge of motorized
vehicle inspection and exhaust inspection for motorbikes and mopeds
1. Inspector
certificates shall be reissued in the following cases:
a) Expiration
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c) Revocation
as stipulated in clause 1 of Article 14 of this Circular.
2. Organizations
or individuals applying for reissuance of the inspector certificate shall
submit the required documents according to clause 3 of Article 7 of this
Circular in person, via the postal system, through the public service portal,
and the single-window electronic information system of the Ministry of
Transport.
3. Application
receipt:
a) For
in-person submissions: Within the working day, the Vietnam Register shall
receive the application and inspect its adequacy: if the application is
inadequate, instruct the applicant to complete it; if the application is
adequate, receive the application;
b) For other
forms of submission: Within the 03 working days from the date of receiving the
application, the Vietnam Register shall inspect its adequacy: if the
application is inadequate, instruct the applicant in writing or online to
complete it; if the application is adequate, receive the application.
4. Certificates
of inspectors in charge of motorized vehicle inspection shall be reissued in
cases specified in point a, point c of clause 1 of this Article.
a) Within the
30 working days from the date of receiving the application in accordance with
applicable regulations, the Vietnam Register shall notify and organize the
assessment of the motorized vehicle inspector’s operations. Individuals are
assessed by a higher-class inspector or an equivalent-class inspector with a
minimum of 36 months of experience. The assessment results shall be recorded in
the inspector assessment report as per the form specified in Appendix IV
attached to this Circular;
b) Within 5
working days from the completion of the assessment of inspector’s operations,
the Vietnam Register shall reissue the inspector certificate as per the form
specified in Appendix VII attached to this Circular for cases passing the
assessment or notify the assessment results as per the form specified in
Appendix VIII attached to this Circular for cases not passing the assessment. Cases
of not passing the assessment shall carry out the procedures specified in this
Article to be reissued the inspector certificate;
5. Certificates
of inspectors in charge of motorized vehicle inspection in cases specified in
point b of clause 1 of Article and Certificates of inspectors in charge of
exhaust inspection for motorbikes and mopeds shall be reissued.
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6. The
inspector certificate shall be given to the applicant in person, via the postal
service, through the public service portal, and the single-window electronic
information system of the Ministry of Transport. In cases specified in point b
of clause 1 of this Article, organizations or individuals must return the most
recently issued inspector certificate upon receiving the reissued inspector
certificate (applicable for cases of issuance of physical certificate).
7. The validity
of the inspector certificate for each professional work:
a) For cases of
reissuance of inspector certificate as stipulated in points a, c of clause 1 of
this Article: the validity of the inspector certificate for each professional
task is 60 months from the date of issuance;
b) For cases of
reissuance of inspector certificate as stipulated in point b of clause 1 of
this Article: the validity of the inspector certificate for each professional
task is based on the validity of the most recently issued certificate;
Section 2.
CERTIFICATES OF INSPECTORS IN CHARGE OF HEAVY-DUTY VEHICLE INSPECTION
Article 10.
Application for issuance, reissuance of certificates of inspectors in charge of
heavy-duty vehicle inspection
1. The
issuance, reissuance application includes:
a) Application
for issuance, reissuance of inspector certificates using Form specified in
Appendix V attached to this Circular;
b) Professional
resume using Form specified in Appendix I attached to this Circular;
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d) Certified
copy of one of the following documents: acceptance letter, recruitment letter,
employment contract to work at a unit affiliated to the Vietnam Register or a registration
and inspection facility or testing facility designated by the Vietnam Register;
dd)
Confirmation of professional practice as per the form specified in Appendix VI
attached to this Circular;
dd) Copy of an
unexpired driver license (for professional tasks specified in points a, b, and
c of clause 2 of Article 4 of this Circular);
g) A copy of
documents proving participation in one of the following tasks: compiling
training materials; teaching; providing professional guidance; drafting
legislative documents, standards, technical regulations, scientific research
topics, operational procedures related to professional tasks (applicable to the
professional tasks specified in clause 2 of Article 4 of this Circular).
2. Application
for issuance of inspector certificate includes:
a) Class II
inspector: documents specified in points a, b, c, d, e of clause 1 of this
Article;
b) Class I
inspector: documents specified in points a, b, c, d, e and g of clause 1 of
this Article.
3. Application
for reissuance of inspector certificate includes:
a) Reissuance
in accordance with points a and d of clause 1 of Article 12 of this Circular: b)
Class I inspector: documents specified in points a, b, c, d, e and g of clause
1 of this Article.
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b) Reissuance
in accordance with points c of clause 1 of Article 12 of this Circular
(applicable to inspector in charge of certification): documents specified in
points a, b, dd, and e of clause 1 of this Article.
Article 11.
Procedures for issuance of certificates of inspectors in charge of inspection
of heavy-duty vehicles
1. Organizations
or individuals applying for issuance of an inspector certificate shall submit
the required documents specified in clause 2 of Article 10 of this Circular in
person, via the postal service, through the public service portal, and the
single-window electronic information system of the Ministry of Transport.
2. Application receipt:
a) For
in-person submissions: Within the working day, the Vietnam Register shall
inspect its adequacy: if the application is inadequate, instruct the applicant
in writing to complete it; if the application is adequate, receive the
application
b) For other
forms of submission: within the 03 working days from the date of receiving the
application, the Vietnam Register shall inspect its adequacy: if the
application is inadequate, instruct the applicant in writing or online to
complete it; if the application is adequate, receive the application.
3. within 5
working days from receiving the complete documents as per regulations, the
Vietnam Register shall issue the inspector certificate as per the form
specified in Appendix VII attached to this Circular.
4. The
inspector certificate shall be given to the applicant in person, via the postal
service, through the public service portal, and the single-window electronic
information system of the Ministry of Transport.
5. The validity
of the inspector certificate for each professional work is 60 months from the
date of issuance.
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1. Inspector
certificates shall be reissued in the following cases:
a) Expiration;
b) Loss,
damage, or incorrect information;
c)
Supplementation of professional work content;
d) Revocation
as stipulated in clause 1 of Article 14 of this Circular.
2. Organizations
or individuals applying for reissuance of an inspector certificate shall submit
the required documents specified in clause 3 of Article 10 of this Circular in
person, via the postal service, through the public service portal, and the
single-window electronic information system of the Ministry of Transport.
3. Application
receipt:
a) For
in-person submissions: Within the working day, the Vietnam Register shall
inspect its adequacy: if the application is inadequate, instruct the applicant
in writing to complete it; if the application is adequate, receive the
application
b) For other
forms of submission: within the 03 working days from the date of receiving the
application, the Vietnam Register shall inspect its adequacy: if the
application is inadequate, instruct the applicant in writing or online to
complete it; if the application is adequate, receive the application.
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5. The
inspector certificate shall be given to the applicant in person, via the postal
service, through the public service portal, and the single-window electronic
information system of the Ministry of Transport. In cases specified in point b
of clause 1 of this Article, organizations or individuals must return the most
recently issued inspector certificate upon receiving the reissued inspector
certificate (applicable for cases of issuance of physical certificate).
6. The validity
of the inspector certificate for each professional work:
a) For cases of
reissuance of inspector certificate as stipulated in points a, c and d of
clause 1 of this Article: the validity of the inspector certificate for each
professional task is 60 months from the date of issuance;
b) For cases of
reissuance of inspector certificate as stipulated in point b of clause 1 of
this Article: the validity of the inspector certificate for each professional
task is based on the validity of the most recently issued certificate.
Chapter III
SUSPENSION AND
REVOCATION OF INSPECTOR CERTIFICATES
Article 13.
Suspension of inspector certificates
1. Inspector
certificates shall be suspended for 30 days in one of the following cases:
a) Falsifying
certification or inspection results (except as stipulated in point dd of clause
1 of Article 14 of this Circular);
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c) Failing to
carry out assigned tasks without justifiable reasons;
d) Violating
regulations on labor discipline, internal regulations, and working regulations
of the agency or unit.
2. Upon
receiving a substantiated complaint or report identifying that an inspector has
committed an act specified in clause 1 of this Article, within 7 working days,
the Vietnam Register shall issue a decision to suspend the inspector
certificate and notify the registration and inspection facility employing the
violating inspector, the local Department of Transport, while also making an announcement
on the website of the Vietnam Register.
Article 14.
Revocation of inspector certificates
1. Inspector
certificates shall be revoked in one of the following cases:
a) Conducting
inspections or confirming inspection results from at least 02 registration
facilities within the same time of the day;
b) Falsifying
documents to obtain an inspector certificate;
c) Having the
inspector certificate suspended 3 times or more within a continuous 12-month
period;
d) Being
convicted by a legally effective judgment of the Court for violating
regulations related to certification and inspection;
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e) Lack or
limitation of legal capacity;
g) Not directly
performing registration-related tasks or a continuous period of 12 months or
more.
2. Within 7
working days from the date of identifying vehicle inspectors falling under any
of the cases specified in clause 1 of this Article, the Vietnam Register shall
issue a decision to revoke the inspector certificate, send it to the registration
and inspection facility employing the violating inspector, and cooperate with
the local Department of Transport in enforcing and announcing this matter on
the website of the Vietnam Register.
3. Cass of
revocation of inspector certificate specified in point g of clause 1 of this
Article, the reissuance of the inspector certificate shall be carried out in
accordance with Article 9 or Article 12 of this Circular.
4. Cass of
revocation of inspector certificate specified in points a, b, c, d, dd, and e
of clause 1 of this Article, the reissuance of the inspector certificate shall
be carried out in accordance with Article 9 or Article 12 of this Circular after
12 months from the date of revocation.
Chapter IV
IMPLEMENTATION
Article 15.
Responsibilities of Vietnam Register
1. Organizing
professional training for inspectors in accordance with this Circular.
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3. Disclosing training
plans, schedules, results, assessment results of inspector’s operations on the
website of the Vietnam Register.
Article 16.
Responsibilities of Departments of Transport
Notifying the
Vietnam Register upon discovering any inspector within management area falling
under cases specified in clause 1 of Article 13 and clause 1 of Article 14 of
this Circular.
Article 17.
Responsibilities of registration and inspection facilities applying for
issuance, reissuance of inspector certificates
1. Assigning
individuals instructing and confirming the process of inspector internship.
2. Assigning
inspectors to participate in professional refresher training and development
programs.
3. Notifying
the Vietnam Register upon discovering any inspector under their management
falling under cases specified in clause 1 of Article 13 and clause 1 of Article
14 of this Circular.
Article 18.
Effect
This Circular
comes into force from January 1, 2025; Point d of Clause 1 of Article 14 of
this Circular shall apply from January 1, 2026 to inspectors in charge of
motorized vehicle inspection.
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1. Motorized
vehicle inspectors passed 05 stages and granted a certificate before the
effective date of this Circular and shall continue conducting class II
motorized vehicle inspections until the expiry date indicated on the
certificate.
2. Senior
inspectors granted a certificate before the effective date of this Circular
shall continue to perform the Class I motorized vehicle inspection until the
expiry date indicated on the certificate.
3. Inspectors
who are granted a certificate for motor vehicles but have not passed all 5
stages before the effective date of this Circular are allowed to continue to
perform motorized vehicle inspections but must submit an application to be
reissued the certificate of Class II inspector within 12 months from the
effective date of this Circular as per the regulations in this Circular.
4. Trainees who
complete the professional training for inspectors before the effective date of
this Circular are allowed continuing to undergo internships as per regulations
applied at the time of completing the training but must carry out the
procedures for issuance of an inspector certificate as per the regulations in
this Circular.
PP.
MINISTER
DEPUTY MINISTER
Nguyen Duy Lam
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