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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:
46/2024/TT-BGTVT
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Hanoi,
November 15, 2024
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CIRCULAR
ON DOCUMENTATION, PROCEDURES FOR ISSUANCE, REISSUANCE, SUSPENSION,
REVOCATION OF CERTIFICATES OF ELIGIBILITY TO CONDUCT MOTORIZED VEHICLE
INSPECTION OF MOTORIZED VEHICLE REGISTRATION AND INSPECTION FACILITIES,
MOTORBIKE, MOPED EXHAUST REGISTRATION AND INSPECTION FACILITIES
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 documentation, procedures for issuance,
reissuance, suspension, revocation of certificates of eligibility to conduct
motorized vehicle inspection of motorized vehicle registration and inspection
facilities, motorbike, moped exhaust registration and inspection facilities.
Chapter I
GENERAL PROVISIONS
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This Circular
provides documentation, procedures for issuance, reissuance, suspension,
revocation of certificates of eligibility to conduct motorized vehicle
inspection of motorized vehicle registration and inspection facilities,
motorbike, moped exhaust registration and inspection facilities.
Article 2.
Regulated entities
1. This
Circular applies to organizations and individuals related to motorized vehicle
inspection, exhaust inspection of motorbikes, mopeds.
2. This
Circular shall not apply to organizations and individuals related to motorized
vehicle inspection, exhaust inspection of motorbikes, mopeds under management
of the Ministry of National Defense, the Ministry of Public Security.
Chapter II
DOCUMENTATION,
PROCEDURES FOR ISSUANCE, REISSUANCE, SUSPENSION, REVOCATION OF CERTIFICATES OF
ELIGIBILITY TO CONDUCT MOTORIZED VEHICLE INSPECTION
Article 3.
Application for issuance of certificates of eligibility to conduct motorized
vehicle inspection
The application
for issuance of certificates of eligibility to conduct motorized vehicle
inspection includes:
1. Application
as per the form specified in Appendix I attached to this Circular, together
with the information on the motorized vehicle registration and inspection
facility;
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3. The results
of assessment and certification of motorized vehicle registration and
inspection facilities conforming to National Technical Regulations on technical
infrastructure and the location of motorized vehicle registration and
inspection facilities, motorbike, moped exhaust registration and inspection
facilities, from the accredit conformity assessment organizations (this
document component is applicable when there is a conformity assessment
organization);
4. List of
personnel as per Form specified in Appendix II attached to this Circular;
5. List of
personnel as per Form specified in Appendix II attached to this Circular;
Article 4.
Procedures for issuance of certificates of eligibility to conduct motorized
vehicle inspection
1. The
organization establishing a motorized vehicle registration and inspection
facility shall submit 01 set of application for issuance of certificate of
eligibility to conduct motorized vehicle inspections as prescribed in Article 3
of this Circular directly or via the postal system or via the online public
service system to the local Departments of Transport.
2. Application
receipt:
a) For
in-person submissions: Within the working day, the Vietnam Register shall
inspect the application’s adequacy: if the application is inadequate, instruct
the applicant to complete it; if the application is adequate, prepare a control
form for the inspection and assessment process as per the form specified in
Appendix IV. Within 03 working days from the date of receiving the application,
the Vietnam Register shall prepare a notification of application receipt as per
the form specified in Appendix V attached to this Circular, clearly stating
information about the actual inspection and assessment schedule;
b) For other
forms of submission: Within 1 working day from the date of receiving the
application: if the application is inadequate, notify the applicant using the
form specified in Appendix VI attached to this Circular; if the application is
adequate, prepare a control form for the inspection and assessment process as
per the form specified in Appendix IV. Within 03 working days from the date of
receiving the application, the Vietnam Register shall prepare a notification of
application receipt as per the form specified in Appendix V attached to this
Circular, clearly stating information about the actual inspection and
assessment schedule.
3. Inspection
and assessment at the premises:
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a) The
Departments of Transport shall (i) inspect and assess the requirements for
motor vehicle inspection service business of motorized vehicle inspection in
accordance with the Decree on requirements for motor vehicle inspection service
business; the organization and operation of the registration and inspection
facility; the service life of motorized vehicles (ii) and prepare records as
per the form in Appendix VII attached to this Circular.
b) The Departments
of Transport shall request the Vietnam Register to participate in inspecting
and assessing the motorized vehicle registration and inspection facility in
accordance with the technical requirements specified in the National technical
regulation on technical infrastructure and the location of motorized vehicle
inspection facilities, motorbike, moped exhaust registration and inspection
facilities. The inspection and assessment details are recorded as per Form No.
01 specified in Appendix VIII and other Forms in Appendix IX attached to this
Circular. When there is a conformity assessment organization, the inspection
and assessment at the premises shall be replaced by the results of assessment
and certification of motorized vehicle registration and inspection facilities
conforming to National Technical Regulations on technical infrastructure and
the location of motorized vehicle registration and inspection facilities,
motorbike, moped exhaust registration and inspection facilities;
c) Summarizing
the results and recording the corresponding contents in form No. 01 specified
in Appendix X attached to this Circular.
4. Handling of
results of inspection and assessment at the premises
a) Cases of
meeting the requirements: The Departments of Transport shall issue certificates
of eligibility to conduct motorized vehicle inspections;
b) Cases of not
meeting the requirements: The Departments of Transport shall clearly state the
reasons in the report as per form No. 01 specified in Appendix X attached to
this Circular and send it to the organization establishing the motorized
vehicle registration and inspection facility to address the unsatisfactory
aspects.
5. Issuance of
certificates of eligibility to conduct motorized vehicle inspection
Within 5
working days from the date passing the inspection and assessment at the
premises, the Departments of Transport shall issue the certificate of
eligibility for motorized vehicle inspection as per form No. 01 specified in
Appendix XI attached to the Circular; registration and inspection facility code
in accordance with regulations of Appendix XII attached to this Circular.
6. Addressing
cases of not passing the inspection and assessment at the premises
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b) After
addressing those matters, the organization establishing motorized vehicle
registration and inspection facility shall submit an application for
re-inspection and re-assessment as per the form in Appendix I attached to this
Circular to the Department of Transport. Within 3 working days from the date of
receiving the application, the Department of Transport shall carry out the
regulations outlined in clauses 3, 4, and 5 of this Article. In cases of not
passing the re-inspection, re-assessment, the facility is deemed not satisfying
the requirements for operation, and the procedures shall be cancelled.
Article 5.
Documentation and procedures for reissuance of certificates of eligibility to
conduct motorized vehicle inspection
1. The
application for reissuance of certificates of eligibility to conduct motorized
vehicle inspection includes:
a) Application
as per the form specified in Appendix I attached to this Circular, together
with the information on the motorized vehicle registration and inspection
facility;
b) Layout of
overall ground and buildings with inspection lines fully showing inspection
area, inspection equipment, and support devices;
c) The results
of assessment and certification of motorized vehicle registration and inspection
facilities conforming with National Technical Regulations on technical
infrastructure and the location of motorized vehicle registration and
inspection facilities, motorbike, moped exhaust registration and inspection
facilities, from the accredit conformity assessment organizations (this
document component is applicable from January 01, 2026);
d) List of
personnel as per Form specified in Appendix II attached to this Circular;
dd) List of inspection
equipment as per Form specified in Appendix III attached to this Circular;
e) Relevant
documents in case of changes in administrative boundary information.
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a) The
application for reissuance of certificate due to the loss of the certificate of
eligibility for motorized vehicle inspection or a reduction in the number of
inspection lines compared to the certified content, but the remaining
inspection lines still meet the operational requirements shall include documents
specified in point a of clause 1 of this Article;
b) The
application for reissuance of the damaged certificate of eligibility for
motorized vehicle inspection shall includes Documents specified in point a of
clause 1 of this Article along with the damaged certificate;
c) The
application for reissuance of the certificate of eligibility for motorized
vehicle inspection due to changes in administrative geographical information
recorded on the certificate shall include: Documents specified in points a, e
of clause 1 of this Article;
c) The
reissuance application for cases of having changes in location (address) of the
motorized vehicle registration and inspection facility; having additional
inspection lines; having changes in the type of inspection lines; having
changes in inspection equipment leading to a change in the type of vehicles
inspected; having the certificate of eligibility for motorized vehicle
inspection revoked shall include documents specified in points a, b, c, d, and
e of clause 1 of this Article.
3. Reissuance
of certificate of eligibility for motorized vehicle inspection in cases
specified in points a, b, and c of clause 2 of this Article:
a) For
in-person submissions: Within a working day, the Department of Transport shall
inspect the application’s adequacy: if the application is inadequate, instruct
the applicant to complete it in accordance with applicable regulations. Within
05 working days from the date of receiving the application, based on archived
documents, the Department of Transport shall reissue the certificate of
eligibility for motorized vehicle inspections;
b) For other
forms of submission: Within 1 working day from the date of receiving the
application, the Department of Transport shall inspect the application’s
adequacy; if the application is inadequate, notify the applicant using the form
specified in Appendix VI attached to this Circular; if the application is
adequate, within 05 working days from the date of receiving the application,
based on archived documents, reissue the certificate of eligibility for
motorized vehicle inspections.
4. Reissuance
of certificate of eligibility for motorized vehicle inspection in cases
specified in point d of clause 2 of this Article:
a) For
in-person submissions: Within a working day, the Department of Transport shall
inspect the application’s adequacy: if the application is inadequate, instruct
the applicant to complete it; if the application is adequate, carry out
procedures specified in clauses 3, 4, 5 and 6 of Article 4 of this Circular. The
facility code recorded in the eligibility certificate of is the code previously
issued;
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Article 6.
Procedures for suspension of motorized vehicle registration and inspection
facilities
1. Within 5
working days from the date discovering or receiving notification from the
competent authorities of the registration and inspection facility subject to
operation suspension, the Departments of Transport shall issue a suspension
decision as per form No. 01 specified in Appendix XIII attached to the
Circular.
2. The motorized
vehicle registration and inspection facility must suspend their operation upon the
suspension decision taking effect; and publicly disclose their operation
suspension.
3. Within 03
working days from the effective date of the suspension decision, the motorized
vehicle registration and inspection facility shall prepare and send a report as
per form No. 01 specified in Appendix XIV attached to the Circular to the
Department of Transport.
Article 7.
Procedures for revocation of certificates of eligibility to conduct motorized
vehicle inspection
1. Within 5
working days from the date of discovering or receiving notification from the
competent authority of the registration and inspection facility subject to
revocation of the certificate of eligibility to conduct motorized vehicle
inspection, the Department of Transport shall (i) issue a revocation decision as
per the form specified in Appendix XV attached to this Circular, (ii) based on
the inspection operations of other motorized vehicle registration and
inspection facilities in the area, prepare a notification as per the form
specified in Appendix XVI attached to this Circular to designate another motor
vehicle inspection facility to receive the handed over documents and inspection
certificates or stamps from the facility whose certificate is revoked.
2. The
motorized vehicle registration and inspection facility must suspend their
operation upon the revocation decision taking effect; and publicly disclose
their operation suspension.
3. Within 03
working days from the effective date of the decision on revocation of the
certificate of eligibility for motorized vehicle inspection, the motorized
vehicle registration and inspection facility must return their certificate to
the Department of Transport.
4. Within 15
working days from the effective date of the decision on revocation of the
certificate of eligibility for motorized vehicle inspection, the motorized
vehicle registration and inspection facility must return their certificate to
the Department of Transport.
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Applications
(both hard copies and electronic copies) for issuance, reissuance, suspension,
and revocation of certificates of eligibility for motorized vehicle inspection
are permanently stored at the Department of Transport and motorized vehicle
registration inspection facilities. These documents must be stored safely,
arranged in a scientific method, and be easy to search.
Chapter III
DOCUMENTATION,
PROCEDURES FOR ISSUANCE, REISSUANCE, SUSPENSION, REVOCATION OF CERTIFICATE OF
ELIGIBILITY TO OPERATE OF MOTORBIKE, MOPED EXHAUST REGISTRATION AND INSPECTION
FACILITIES
Article 9.
Application for issuance of certificate of eligibility to operate of motorbike,
moped exhaust registration and inspection facilities
The application
for issuance of certificate of eligibility to operate of motorbike, moped
exhaust registration and inspection facilities includes:
1. Application
as per the form specified in Appendix I attached to this Circular, together
with the information on the motorbike, moped exhaust registration and
inspection facility;
2. General
layout plan of the exhaust registration and inspection facility that clearly
present the inspection area;
3. List of
personnel as per Form specified in Appendix II attached to this Circular;
4. List of
inspection equipment as per Form specified in Appendix III attached to this
Circular.
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1. The organization
establishing a motorbike, moped exhaust registration and inspection facility
(hereinafter referred to as “exhaust registration and inspection
facility") shall submit 01 set of application for issuance of certificate
of eligibility to operate of exhaust registration and inspection facilities as
prescribed in Article 9 of this Circular directly or via the postal system or
via the online public service system to the local Departments of Transport.
2. Application
receipt:
a) For
in-person submissions: Within the working day, the Department of Transport
shall (i) inspect the application’s adequacy: if the application is inadequate,
instruct the applicant to complete it; if the application is adequate, prepare
a control form for the inspection and assessment process as per the form
specified in Appendix IV, (ii) within 03 working days from the date of
receiving the application prepare a notification of application receipt as per
the form specified in Appendix V attached to this Circular, clearly stating information
about the actual inspection and assessment schedule;
b) For other
forms of submission: Within 1 working day from the date of receiving the
application, the Department of Transport shall (i) inspect the application’s
adequacy: if the application is inadequate, notify the applicant using the form
specified in Appendix VI attached to this Circular; if the application is
adequate, prepare a control form for the inspection and assessment process as
per the form specified in Appendix IV, (ii) within 03 working days from the
date of receiving the application, prepare a notification of application
receipt as per the form specified in Appendix V attached to this Circular,
clearly stating information about the actual inspection and assessment
schedule.
3. Inspection
and assessment at the premises:
Inspection and
assessment at the premises shall be carried out within 15 days from the date of
preparing the notification of receipt of application. To be specific:
a) Inspecting
and assessing exhaust registration and inspection facilities conforming with
National Technical Regulations on technical infrastructure and the location of
motorized vehicle registration and inspection facilities, motorbike, moped
exhaust registration and inspection facilities to record as per form No. 02
specified in Appendix VIII attached to this Circular;
b) Inspecting
and assessing (i) exhaust registration and inspection facilities in accordance
with the Decree on Decree on requirements for motor vehicle inspection service
business, (ii) the organization and operation of the registration and
inspection facility, (iii) the service life of motorized vehicles; and
summarizing the results of the inspection and assessment mentioned in Point a
of this Clause, recording the corresponding contents as per Form No. 02
specified in Appendix X attached to this Circular.
4. Handling of
results of inspection and assessment at the premises
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b) Cases of not
meeting the requirements: The Departments of Transport shall clearly state the
reasons in the report as per form No. 02 specified in Appendix X attached to
this Circular and send it to the organization establishing a exhaust
registration and inspection facility to address the unsatisfactory aspects.
5. Issuance of
certificate of eligibility to operate of motorbike, moped exhaust registration
and inspection facilities
Within 5
working days from the completion of the inspection and assessment at the
premises with the result of meeting the requirements, the Departments of
Transport shall issue the certificate of eligibility to operate of motorbike,
moped exhaust registration and inspection facilities as per form No. 02
specified in Appendix XI attached to the Circular; Inspection facility code in
accordance with regulations of Appendix XII attached to this Circular.
6. Addressing
cases of not passing the inspection and assessment at the premises
a) Resolution
of unsatisfactory aspects and re-inspection and assessment shall be conducted
within a period of 03 months from the date of notification of unsatisfactory
aspects. Passing this time limit, organization establishing exhaust
registration and inspection facility shall have to start over with the
procedures specified in this Article;
b) After
addressing those matters, the organization establishing a exhaust registration
and inspection facility shall submit a request for re-inspection and
re-assessment as per the form in Appendix I attached to this Circular to the
Department of Transport. Within 03 working days from the date of receiving the
application, the Department of Transport shall carry out the regulations
outlined in clauses 3, 4, and 5 of this Article. In cases of not passing the
re-inspection, re-assessment, the facility is deemed not satisfying the
requirements for operation with reasons clearly stated, and the procedures
shall be cancelled.
Article 11.
Documentation and procedures for issuance of certificate of eligibility to
operate of motorbike, moped exhaust registration and inspection facilities
1. The
application for reissuance of certificate of eligibility to operate of
motorbike, moped exhaust registration and inspection facilities includes:
a) Application
as per the form specified in Appendix I attached to this Circular, together
with the information on the exhaust registration and inspection facility;
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c) List of
personnel as per Form specified in Appendix II attached to this Circular;
d) List of
inspection equipment as per Form specified in Appendix III attached to this
Circular.
dd) Relevant
documents in case of changes in administrative boundary information.
2. The exhaust
registration and inspection facility shall submit 01 set of application for
reissuance of certificate of eligibility to conduct motorbike, moped exhaust
inspections as prescribed in Article 3 of this Circular directly or via the
postal system or via the online public service system to the local Departments
of Transport. To be specific:
a) The
application for reissuance of lost certificate of eligibility to operate of
motorbike, moped exhaust registration and inspection facilities includes:
documents specified in point a of clause 1 of this Article;
b) The
application for reissuance of the damaged certificate of eligibility to operate
of motorbike, moped exhaust registration and inspection facilities includes:
Documents specified in point a of clause 1 of this Article along with the
damaged certificate;
c) The
application for reissuance of certificate of eligibility to operate of
motorbike, moped exhaust registration and inspection facilities due to changes
in administrative geographical information recorded on the certificate shall
include: Documents specified in points a, e of clause 1 of this Article;
d) The
reissuance application for cases of having changes in location (address) of the
exhaust registration and inspection facility; having additional testing
equipment; having the certificate of eligibility to operate of motorbike, moped
exhaust registration and inspection facilities revoked shall include documents
specified in points a, b, c, and d of clause 1 of this Article.
3. Reissuance
of certificate of eligibility to operate of motorbike, moped exhaust
registration and inspection facilities in cases specified in point a, b, and c
of clause 2 of this Article:
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b) For other
forms of submission: Within 1 working day from the date of receiving the
application, the Department of Transport shall inspect the application’s
adequacy; if the application is inadequate, notify the applicant using the form
specified in Appendix VI attached to this Circular; if the application is
adequate, within 05 working days from the date of receiving the application,
based on archived documents, reissue the certificate of eligibility to operate
of motorbike, moped exhaust registration and inspection facilities..
4. Reissuance
of certificate of eligibility to operate of motorbike, moped exhaust
registration and inspection facilities in cases specified in point d of clause
2 of this Article:
a) For
in-person submissions: Within a working day, the Department of Transport shall
inspect the application’s adequacy: if the application is inadequate, instruct
the applicant to complete it; if the application is adequate, carry out
procedures specified in clauses 3, 4, 5 and 6 of Article 10 of this Circular. The
facility code recorded in the eligibility certificate of is the code previously
issued.
b) For other
forms of submission: Within 1 working day from the date of receiving the
application, the Department of Transport shall inspect the application’s
adequacy; if the application is inadequate, notify the applicant using the form
specified in Appendix VI attached to this Circular; if the application is
adequate, carry out procedures specified in clauses 3, 4, 5 and 6 of Article 4
of this Circular. The facility code recorded in the eligibility certificate of
is the code previously issued.
Article 12.
Procedures for suspension of motorbike, moped exhaust registration and
inspection facilities
1. Within 5
working days from the date discovering or receiving notification from the
competent authorities of the exhaust registration and inspection facility
subject to operation suspension, the Departments of Transport shall issue a
suspension decision as per form No. 01 specified in Appendix XIII attached to
the Circular.
2. The exhaust
registration and inspection facility must suspend their operation upon the
suspension decision taking effect; and publicly disclose their operation
suspension.
3. Within 03
working days from the effective date of the suspension decision, the exhaust
registration and inspection facility shall prepare and send a report as per
form No. 01 specified in Appendix XIV attached to the Circular to the
Department of Transport.
Article 13.
Procedures for revocation of certificate of eligibility to operate of
motorbike, moped exhaust registration and inspection facilities
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2. The exhaust
registration and inspection facility must suspend their operation upon the
revocation decision taking effect; and publicly disclose their operation
suspension.
3. Within 03
working days from the effective date of the revocation decision, the exhaust
registration and inspection facility must return their certificate
and transfer the exhaust inspection data to the Department of Transport.
Article 14.
Documentation storage
Applications
(both hard copies and electronic copies) for issuance, reissuance, suspension,
and revocation of certificates of eligibility to operate of motorbike, moped
exhaust registration and inspection facilities are permanently stored at the
Department of Transport and exhaust registration inspection facilities. These
documents must be stored safely, arranged in a scientific method, and be easy
to search.
Chapter IV
IMPLEMENTATION
Article 15.
Responsibilities of Vietnam Register
1. Provide
guidance on implementation of this Circular.
2. Inspect the
issuance, reissuance, suspension, revocation of certificates of eligibility to
conduct motorized vehicle inspection of motorized vehicle registration and
inspection facilities, certificate of eligibility to operate of motorbike,
moped exhaust registration and inspection facilities of Departments of
Transport.
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1. Organize
implementation of this Circular in their area.
2. Issue,
reissue, suspend, revoke certificates of eligibility to conduct motorized
vehicle inspection of motorized vehicle registration and inspection facilities,
certificate of eligibility to operate of motorbike, moped exhaust registration
and inspection facilities in their area in accordance with this Circular.
Article 17.
Responsibilities of registration and inspection facilities
Comply with
decision of suspension or revocation of certificates of eligibility to conduct
motorized vehicle inspection of motorized vehicle registration and inspection
facilities, certificate of eligibility to operate of motorbike, moped exhaust
registration and inspection facilities.
Chapter V
IMPLEMENTATION CLAUSE
Article 18.
Effect
1. This
Circular comes into force from January 01, 2025.
2. This
Circular annuls Circular No. 44/2023/TT-BGTVT dated December 29, 2023 of the
Minister of Transport on guidelines on the implementation of Decree No.
139/2018/ND-CP dated October 8, 2018 of the Government of Vietnam on motor
vehicle inspection service business and Decree No. 30/2023/ND-CP dated June 8,
2023 of the Government of Vietnam on amendments to Decree No. 139/2018/ND-CP
dated October 8, 2018 of the Government of Vietnam on motor vehicle inspection
service business.
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PP.
MINISTER
DEPUTY MINISTER
Nguyen Duy Lam