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MINISTRY OF
TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
51/2016/TT-BGTVT
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Hanoi, December
30, 2016
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CIRCULAR
GUIDANCE
ON IMPLEMENTATION OF GOVERNMENT’S DECREE NO. 63/2016/ND-CP DATED JULY 01, 2016
ON ELIGIBILITY REQUIREMENTS FOR MOTOR VEHICLE INSPECTION SERVICE PROVIDERS
Pursuant to the Law on Road Traffic dated
November 13, 2008;
Pursuant to the Government’s Decree No.
107/2012/ND-CP dated December 20, 2012 defining the functions, tasks, powers
and organizational structure of Ministry of Transport;
Pursuant to the Government’s Decree No.
63/2016/ND-CP dated July 01, 2016 on eligibility requirements for motor vehicle
inspection service providers;
At the request of Director of Science and
Technology Department, and of Director of Vietnam Register,
Minister of Transport promulgates a Circular
providing guidance on implementation of Government’s Decree No. 63/2016/ND-CP
dated July 01, 2016 on eligibility requirements for motor vehicle inspection
service providers.
Chapter I
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Article 1. Scope
This Circular provides guidance on implementation
of Government’s Decree No. 63/2016/ND-CP dated July 01, 2016 on eligibility
requirements for motor vehicle inspection service providers.
Article 2. Regulated entities
1. This Circular applies to organizations and
individuals involved in the provision of motor vehicle inspection services.
2. This Circular does not apply to organizations and
individuals performing the inspection of motor vehicles used by military or
public security forces for national defense and security purposes.
Chapter II
TRAINING IN PROFESSIONAL
COMPETENCE FOR INSPECTORS AND INSPECTION STAFF
Article 3. Training in professional
competence for inspectors
Persons that meet all of requirements in Points a,
b and e of Clause 1 Article 11 of the Government’s Decree No. 63/2016/ND-CP
dated July 01, 2016 on eligibility requirements for motor vehicle inspection
service providers (hereinafter referred to as Decree No. 63/2016/ND-CP) shall
be trained in the following contents:
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a) General knowledge: Motor vehicle inspection
organization network; professional ethics; regulations on responsibilities and
handling of violations against regulations on motor vehicle inspection;
regulations on penalties for administrative violations against road traffic
regulations.
b) Legal documents: Legislative documents and
guidelines for inspection procedures and operations.
c) Technical regulations, standards and processes
related to inspection works.
2. Practical instruction at motor vehicle
registration unit
a) Using inspection equipment.
b) Conducting the inspection of motor vehicles
according to inspection items and inspection methods; motor vehicle inspection
steps and procedures; evaluating inspection results.
c) Programs and software for managing the motor
vehicle inspection and searching vehicle-related information.
3. The trainee who has successfully completed the
training course shall be granted the Certificate of completion of training in
motor vehicle inspection using the template provided in the Appendix No. 1
enclosed herewith.
Article 4. Training in
professional competence for senior inspectors
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1. Theoretical training
a) Legal documents: Updating regulations and
instructing professional operations, technical regulations and standards for
inspection and certification of vehicle type and model.
b) Technical operations: Structural analysis;
diagnosis of technical status and damage of parts, systems or fittings of motor
vehicle, causes thereof and remedial measures; general regulations on motor
vehicle modifications; advanced technologies adopted in vehicle manufacturing;
new inspection contents, methods and equipment.
2. Seminars: Advice from the international car
inspection organization about inspection works and management of quality of
services provided by registration units; Road traffic safety and assessment of
road traffic accidents; Requirements for instruction on practice in motor
vehicle inspection.
3. The inspector who has successfully completed the
training course in professional competence for senior inspector shall be
granted the Certificate of completion of training for senior inspector using
the template provided in the Appendix No. 1 enclosed herewith.
Article 5. Training for
inspection staff
A person who meets all of requirements in Clauses
1, 2 Article 17 of the Government’s Decree No. 63/2016/ND-CP and is appointed
by the registration unit or the organization establishing the registration unit
to attend training course for inspection staff shall be trained in the
following contents:
1. Theoretical training
a) General knowledge: Motor vehicle inspection
organization network; professional ethics; regulations on responsibilities and
handling of violations against regulations on motor vehicle inspection;
regulations on penalties for administrative violations against road traffic
regulations.
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2. Practical instruction: Instructions on use of
programs and software for management of motor vehicle inspection.
3. The trainee who has successfully completed the training
course for inspection staff shall be granted the Certificate of completion of
training course for inspection staff using the template provided in the
Appendix No. 2 enclosed herewith.
Article 6. Practice of motor
vehicle inspection operations
1. Not later than 03 months after the completion of
training period in motor vehicle inspection, the trainee must practice motor
vehicle inspection operations at one or several registration units. The trainee
inspector must send a notification of change of registration unit where he/she
practices inspection operations to the Vietnam Register.
2. During practical period, the person practices
motor vehicle inspection operations (hereinafter referred to as trainee
inspector) must practice the following contents: inspecting 05 steps of the
inspection line, using inspection equipment and programs/software for
management of motor vehicle inspection.
3. The trainee inspector must prepare report on
practice in motor vehicle inspection using the template provided in the
Appendix 3 enclosed herewith, and send it to Vietnam Register.
4. Leader of registration unit shall assign an
official inspector to instruct the trainee inspector and assume responsibility
for practical contents of such trainee inspector at the registration unit.
5. The practical instructor must be a senior
inspector or an inspector who has at least 36 months’ inspection experience.
The trainee inspector shall inspect and evaluate inspected motor vehicles under
the instruction and supervision of the practical instructor; the practical
instructor shall be responsible for technical evaluation results of inspected
vehicle.
6. Inspection steps of the inspection line include:
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b) Step 2: Inspecting the upper part of vehicle;
c) Step 3: Inspecting brake and longitudinal wheel
slip;
d) Step 4: Environmental inspection;
d) Step 5: Inspecting the lower part of vehicle.
Chapter III
ASSESSMENT OF
INSPECTOR’S COMPETENCE
Article 7. Assessment of
inspector’s competence
1. Vietnam Register shall organize the assessment
of performance of 05 inspection steps of the inspection line in order to issue
certificate of inspector to qualified persons.
2. Vietnam Register shall organize the assessment
of performance of 3 inspection steps of the inspection line in order to issue
certificate of inspector to qualified persons. If assessment result is failed,
the organization or individual may, after 06 months from the assessment date,
request Vietnam Register to conduct the re-assessment according to contents
specified in Clause 1 of this Article.
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4. If an inspector is assessed as passed but not at
05 inspection steps, the registration unit may, after 06 month from the latest
assessment date, request Vietnam Register to conduct an additional assessment
of failed inspection steps.
5. The inspector shall only conduct inspection steps
stated in his/her certificate of inspector.
Article 8. Assessment of senior
inspector’s competence
1. Vietnam Register shall conduct an assessment for
issuance of certificate of senior inspector according to the inspection line
with respect of the following contents: inspecting 05 steps, structural
analysis and evaluation, diagnosis of technical status and damage of parts,
systems or fittings of motor vehicle, causes thereof and remedial measures.
2. In case of assessment for first issuance of
certificate of senior inspector, an inspector is assessed as passed if he/she
passes all of assessed contents stated in Clause 1 of this Article. If
assessment result is failed, the registration unit may, after 06 month from the
assessment date, request Vietnam Register to conduct the re-assessment
according to the contents specified in Clause 1 of this Article.
3. In case of assessment for re-issuance of
certificate of senior inspector, an inspector is assessed as passed if he/she
passes all of assessed contents stated in Clause 1 of this Article. If
assessment result is failed, the registration unit may, after 01 month from the
assessment date, request Vietnam Register to conduct the re-assessment
according to the contents specified in Clause II of this Article.
4. In case the assessment results shows that a
senior inspector fails to satisfy all of eligibility requirements for
re-issuance of certificate of senior inspector but satisfies all of eligibility
requirements for issuance of certificate of inspector, the registration unit
shall have the right to request Vietnam Register to issue the certificate of
inspector and may, after a period of at least 12 months, request Vietnam
Register to conduct a re-assessment for re-issuance of certificate of senior
inspector according to contents prescribed in Clause 1 of this Article.
Article 9. Working period at
registration unit
Working period of an inspector is calculated as
from the time when he/she performs the following works: directly conducting the
motor vehicle inspections; instructing trainee inspectors; conducting
assessment for issuance of certificates of inspectors; conducting inspection
and assessment for issuance of certificate of eligibility for provision of
motor vehicle inspection services.
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Assessors of inspector’s competence are inspectors
who officially work at Vietnam Register, have at least 05 years’ inspection
experience and are designated by the Director of Vietnam Register.
Chapter IV
INSPECTION AND
ASSESSMENT OF OPERATING CONDITIONS AND MAINTENANCE OF ELIGIBILITY TO PROVIDE
MOTOR VEHICLE INSPECTION SERVICES
Article 11. Establishment of
registration unit
1. Before establishing a registration unit, the
organization that has the plan to establish such registration unit must come to
an agreement with Vietnam Register upon the following contents:
a) Location of registration unit (address, origin
and purpose of land use);
b) Arrangement of inspection line and installation
of inspection facilities at inspection workshop, parking lot and internal roads
of the registration unit;
c) List of inspection equipment and devices
(specify brand, origin and technical specifications);
d) Code of the registration unit;
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2. After obtaining unanimous agreement, Vietnam
Register shall send a written notification of agreed contents to the
organization that is going to establish the registration unit. If there is any
change in the agreed contents in course of establishment or operation of the
registration unit, the organization establishing the registration unit or the
registration unit must send a written notification of such change to Vietnam
Register.
3. The organization establishing the registration
unit must perform the establishment of the registration unit in compliance with
regulations in the Decree No. 63/2016/ND-CP and other relevant laws.
4. Upon the completion of establishment and
installation of technical facilities, the registration unit shall submit an
application for certificate of eligibility for provision of motor vehicle
inspection services in compliance with regulations in Article 21 of the Decree
No. 63/2016/ND-CP, in which the list of position holders working at the
registration using shall be made using the template provided in the Appendix 4
enclosed herewith and the list of inspection equipment and devices, and
information technology equipment shall be made using the template provided in
the Appendix 5 enclosed herewith.
5. In case the registration unit has change in
personnel or inspection equipment causing effects on the licensed quantity of
inspection lines or its location, business premises or inspection workshop, or
arranges inspection lines other than those specified in its certificate of
eligibility, such registration unit must submit application for inspection and
assessment of changed contents for re-issuing certificate of eligibility for
provision of motor vehicle inspection services.
Article 12. Contents to be
inspected and assessed for determining and maintaining eligibility to provide
motor vehicle inspection services
1. Area of premises of the registration unit:
Inspection and assessment results must be recorded using the template provided
in the Appendix 6 enclosed herewith.
2. Inspection workshop: Inspecting minimum area for
vehicle movement of the inspection workshop (distance between two inner faces
of the walls of the inspection workshop including one inspection line), the
distance between centers of two adjacent inspection lines, the distance between
the center of the outermost inspection line and inner face of the workshop's
wall; Inspection and assessment results must be recorded using the template
provided in the Appendix 6 enclosed herewith.
3. Offices, parking lot and internal roads:
Inspection office, waiting lounge, parking lot, the width of internal road;
Inspection and assessment results must be recorded using the template provided
in the Appendix 6 enclosed herewith.
4. Inspection equipment and devices: Inspecting
quantity, categories, brand, accuracy, calibration time, rationality of
arrangement of inspection equipment and devices according to inspection
procedure, control software, installation of assessment standards,
establishment of measurement procedure, data transmission; Inspection and
assessment results must be recorded using the template provided in the Appendix
7 enclosed herewith.
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6. Personnel
a) Inspecting recruitment documents, labour
contracts, decisions on certification of inspectors, certificates of completion
of training course for inspection staff, decisions on appointment of line
managers, and head of the registration unit.
b) Summarized assessment of the compliance with
inspection procedures and relevant regulations of each person by means of
inspection and assessment results of contents mentioned in Clauses 7, 8 and 9
of this Article and mistakes occurring in the assessment period (if any);
Inspection and assessment results must be recorded using the template provided
in the Appendix 8 enclosed herewith.
c) Conducting inspection and assessment of
inspectors; Inspection and assessment results must be recorded using the
template provided in the Appendix II of Decree No. 63/2016/ND-CP.
7. Performance of inspection procedures: Assessing
operation of the line, the compliance with inspection procedures and relevant
regulations, and quality of inspection works of inspectors and the registration
unit; Inspection and assessment results must be recorded using the template
provided in the Appendix 8 enclosed herewith.
8. Documents and data (for inspection and
assessment of maintenance of eligibility): Assessing the compliance with
relevant regulations on inspection works of employees and the registration unit
by means of inspection of retained documents and data; Inspection and
assessment results must be recorded using the template provided in the Appendix
9 enclosed herewith.
9. Logbooks, reports, management and use of printed
inspection matters: Assessing the compliance with relevant regulations on
inspection works of employees and the registration unit by means of inspection of
the opening of logbooks and recording, periodical reports, and management and
use of printed inspection matters; Inspection and assessment results must be
recorded using the template provided in the Appendix 10 enclosed herewith.
10. Other contents: Regulated templates and
notices, cameras for taking pictures of vehicles entering for inspection; IP
cameras for monitoring inspection activities and storing pictures; system of
receiving registration for inspection; static IP address. Inspection and assessment
results must be recorded using the template provided in the Appendix 6 enclosed
herewith.
11. Inspection and assessment results must be
recorded using the template provided in the Appendix IV of Decree No.
63/2016/ND-CP on the basis of consolidation of inspection and assessment
records made by members of the inspection team.
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1. The inspection and assessment dossier for
issuance of certificate of eligibility to provide motor vehicle inspection services
shall be made into 02 sets, among which 01 set is kept by the registration unit
and the other is retained by Vietnam Register to use as the basis of inspection
and assessment of maintenance of eligibility to provide motor vehicle
inspection services.
2. The inspection and assessment dossier of
maintenance of eligibility to provide motor vehicle inspection services shall
be made into 02 sets, among which 01 set is kept by the registration unit and
the other is retained by Vietnam Register, and shall be destroyed after 03
years.
Chapter V
IMPLEMENTATION
Article 14. Responsibility of
Vietnam Register
1. Perform state management of registration units
nationwide within its competence.
2. Review, propose and report amendment to the
master plan for registration unit network, establishment and operation of
registration units to the Ministry of Transport in accordance with applicable
regulations.
3. Organize and provide training for inspectors and
inspection staff.
4. Formulate the plan for periodical inspection and
assessment of registration units and publish it on the website of Vietnam
Register.
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Each Provincial Department of Transport shall:
1. Perform state management of registration units in the province under its
management.
2. Organize inspection of operation of registration
units in the province.
3. Request Vietnam Register to suspend certificates
of inspector or certificates of eligibility to provide motor vehicle inspection
services of unqualified individuals or registration units in the province.
4. Publish the list of registration units that are
granted or have certificates of eligibility to provide motor vehicle inspection
services suspended in the province on its website.
Article 16. Responsibility of
registration units
Each registration unit shall:
1. Send report to Vietnam Register on any change in
the number of inspectors, line managers, head of registration unit or
inspection equipment.
2. Inspect, maintain and repair inspection equipment
and devices in order to guarantee the accuracy and their operating status in
compliance with regulations. Any suspension of inspection equipment or line
must be reported to Vietnam Register and the Provincial Department of
Transport.
3. Formulate annual training plan for its
inspectors and inspection staff.
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5. Review and formulate plans for remedying
unsuitable contents in order to maintain the eligibility to provide motor
vehicle inspection services as regulated in the Decree No. 63/2016/ND-CP.
Article 17. Effect
This Circular shall come into force as from March
15, 2017 and supersede the following documents:
1. The Circular No. 27/2013/TT-BGTVT dated
September 24, 2013 of Minister of Transport providing for standards, duties and
power of leaders and employees of motor vehicle inspection centers.
2. The Circular No. 72/2014/TT-BGTVT dated December
12, 2014 of Minister of Transport on amendments to the Circular No. 27/2013/TT-BGTVT
dated September 24, 2013 of Minister of Transport providing for standards,
duties and power of leaders and employees of motor vehicle inspection centers.
3. The Circular No. 11/2009/TT-BGTVT dated June 24,
2009 of Minister of Transport providing for eligibility requirements to be
satisfied by motor vehicle inspection centers.
4. The Circular No. 59/2013/TT-BGTVT dated December
30, 2013 of Minister of Transport introducing regulations on the establishment
and operation of motor vehicle inspection centers.
Article 18. Implementation
organization
Chief of the Ministry's Office, Chief Inspector of
the Ministry, Directors of Departments affiliated to the Ministry, Director of
Vietnam Register, Directors of Departments of Transport of provinces or
central-affiliated cities, heads of relevant agencies/ organizations and
relevant individuals shall be responsible for implementing this Circular./.
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MINISTER
Truong Quang Nghia