|
MINISTRY OF TRANSPORT
--------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
|
|
No.: 89/2015/TT-BGTVT
|
Hanoi, December 31, 2015
|
CIRCULAR
TECHNICAL SAFETY QUALITY AND
ENVIRONMENTAL PROTECTION INSPECTION OF TRANSPORT CONSTRUCTION MACHINERY
Pursuant
to the Law on Road Traffic dated November 13, 2008;
Pursuant
to the Law on Quality of Goods and Products dated November 21, 2007;
Pursuant
to the Commercial Law dated June 14, 2005;
Pursuant
to the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008
elaborating certain articles of the Law on Quality of Goods and Products;
Pursuant
to the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013,
detailing the implementation of the Commercial Law regarding international
goods trading and goods purchase, sale, processing and transit agency
activities with foreign countries;
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;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Minister
of Transport promulgates a Circular providing for technical safety quality and
environmental protection inspection of transport construction machinery.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This
Circular provides for technical safety quality and environmental protection
inspection of imported transport construction machinery, those manufactured or
assembled from unused components or unused chassis without registration plates
issued, and those modified for use.
2.
Transport construction machinery which is manufactured, assembled or imported
by Ministry of National Defence or Ministry of Public Security to serve national
defense and security purposes shall not be governed by regulations herein.
Article 2. Regulated entities
This
Circular applies to competent authorities, organizations and individuals
involved in management and inspection of import, manufacturing or assembly of
transport construction machinery from unused components or unused chassis
without registration plates issued, or modification of transport construction
machinery for use.
Article 3. Interpretation of terms
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. “transport
construction machinery” (hereinafter referred to as "TCM”) refers to
types of construction vehicles defined in TCVN 7772:2007 “Moving engineering
construction machinery and equipment – Classification” and those specified in
the Appendix II of the Circular No. 13/2015/TT-BGTVT dated April 21, 2015 by
Minister of Transport on promulgation of lists of imports subject to
specialized management by the Ministry of Transport under the Government’s
Decree No. 187/2013/ND-CP dated
November 20, 2013.
2. “TCM
of the same type” means TCM of the same industrial property rights, trade
mark, design, major technical specifications and production country.
3. “typical
sample” refers to the TCM which is tested and examined so as to issue a
type approval certificate.
4. “quality
certificate” refers to one of the following documents: Notice of exemption
from inspection of technical safety quality and environmental protection for
imported transport construction machinery-TCM (hereinafter referred to as
"Notice of exemption”), Certificate of conformity from inspection of
technical safety quality and environmental protection for imported transport
construction machinery-TCM (hereinafter referred to as “Certificate of
conformity”), Notice of non-conformity from inspection of technical safety
quality and environmental protection for imported transport construction
machinery-TCM (hereinafter referred to as “Notice of non-conformity”),
Certificate of design approval, Type approval certificate for transport
construction machinery (hereinafter referred to as “Type approval
certificate”), Certificate of modified design approval and Certificate of
conformity from inspection of technical safety quality and environmental
protection for modified transport construction machinery.
5. “type
approval certificate” means the process of inspection, testing, review,
assessment and certification of conformity of a TCM type with the Ministry of
Transport’s technical standards and regulations on technical safety quality and
environmental protection.
6. “inspection
certificate of technical safety and environmental protection for used TCM” (hereinafter
referred to as “inspection certificate ") refers to the document
indicating that TCM has been tested and found to fulfill technical standards
and regulations on technical safety quality and environmental protection.
7. “inspection
stamp of technical safety and environmental protection for used TCM” (hereinafter
referred to as “inspection stamp") refers to an emblem mounted onto the
TCM which has been accredited by a inspection certificate and licensed to
participate in road transportation for the validity term provided in the
inspection stamp.
8. “importer”
refers to any organization or individual that imports TCM.
9. "design
appraisal” means the process of examining and reviewing contents of a
design of the TCM to determine its compliance with applicable technical
standards and/or regulations so as to ensure that manufactured/ assembled TCM
will fulfill all technical safety quality and environmental protection
requirements.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
11. “manufacturer”
refers to an enterprise that manufactures and assembles TCM in accordance
with applicable regulations.
12. “modifying
party” refers to an organization that provides TCM modification services.
13.
“inspecting units" include motor vehicle inspection centers and
Vietnam Register Offices that have fulfilled all equipment and personnel
requirements to conduct vehicle inspection in accordance with regulations and
have their names published on the website of Vietnam Register.
14. “TCM
owner” means the organization or individual owning the TCM, or the person
who drives or takes the TCM to the inspection.
15. “Conformity
of Production (CoP) assessment” refers to the process of reviewing and
assessing the conformity of the manufacturer’s production or assembly line with
technical safety and environmental protection requirements.
16.
Technical standards and regulations referred to in this Circular include:
a) QCVN
13:2011/BGTVT: National technical regulation on quality, safety and
environmental protection for construction machinery;
b) QCVN
22:2010/BGTVT: National technical regulation on construction and survey of
lifting appliances;
c) QCVN
12:2011/BGTVT: National technical regulation on permitted tolerance and
rounding of vehicle dimension and mass; on permitted tolerance and rounding of
dimension and mass of vehicles used as heavy-duty vehicles;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
dd) TCVN
4244: Lifting appliances – Design construction and survey.
Chapter II
TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL
PROTECTION INSPECTION OF IMPORTED TRANSPORT CONSTRUCTION MACHINERY
Article 4. Application for inspection
1. The
application for inspection shall include the following documents:
a) The
application form using the form stated in the Appendix I enclosed
herewith;
b) The
copy of commerce invoice or equivalent document;
c) The
copy of customs declaration form (if the imported TCM is located outside the
supervision areas of customs authorities and this document must be submitted
before the date of physical inspection);
d) The
document indicating features and technical specifications of TCM or the
information sheet of imported TCM made using the form stated in the Appendix II
enclosed herewith;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The
document indicating features and technical specifications of TCM stated in
Point d Clause 1 of this Article is not required in the application for
inspection of TCM of the same type with the one granted a Certificate of
conformity. Types of TCM having Certificate of conformity issued are published
on the website of Vietnam Register.
Article 5. Inspection procedures
1. The
importer shall submit an application, which comprises the documents mentioned
in Article 4 herein, by hand or by post or by another appropriate means to the
Vietnam Register.
2. Upon
the receipt and examination of an application for inspection, Vietnam Register
shall:
a) give
confirmation to the application form for technical safety quality and
environmental protection inspection of imported transport construction
machinery within 01 working day from the receipt of a valid application. The
importer must take the TCM to the inspection site within 15 working days from
the date on which a confirmation is given.
In case
the importer fails to take the TCM to the anticipated inspection site within 15
working days from the date of goods release, a written explanation about such
lateness must be submitted to Vietnam Register.
b) If the
application is invalid, Vietnam Register shall instruct the importer to
supplement the application within 01 working date from the receipt of the
application.
3. Vietnam
Register shall conduct a physical inspection of TCM on the inspection date and
at the inspection site agreed upon with the importer. Such physical inspection
must be completed within a day.
4. Within
05 working days from the receipt of sufficient application and completion of
physical inspection, Vietnam Register shall issue a quality certificate to the
qualified importer.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 6. Inspection methods
1. Type
approval inspection:
a) This
method of inspection is employed to inspect a brand new TCM which is less than
03 years old counted from the date of manufacture, has sufficient documents as
prescribed in Clause 1 Article 4 herein, and satisfies one of the following
conditions: TCM has been inspected in accordance with the mutual recognition
agreement to which Vietnam is a signatory; or TCM is manufactured by a foreign
manufacturer that has passed CoP assessment by Vietnam Register in accordance
with regulations in Clause 2 Article 12 herein and is the same type as the one
accredited by Certificate of conformity granted by Vietnam Register.
b)
Inspection tasks: Examine the conformity of type of the TCM which is selected
at random from the production line of a specific TCM type as specified in the
application for inspection to the type of TCM accredited by Certificate of
conformity; visually inspect the chassis number and engine number of each
imported TCM of the same type as that specified in the application for
inspection.
2. Random
inspection:
a) This
method is employed to inspect a brand new TCM which is less than 03 years old
counted from the date of manufacture, has sufficient documents as prescribed in
Clause 1 Article 4 herein, and is not subject to the type approval inspection
prescribed in Clause 1 of this Article.
b)
Inspection tasks: Select a piece of TCM of a specific type at random to inspect
the following items: general inspection of braking system (brake functions are
not inspected), control system, operating system (load testing is not
conducted), lighting and signaling system, emission and noise inspection made
in accordance with applicable technical standards and regulations; visual
inspection of chassis number and engine number of every imported TCM of the
same type as that specified in the application for inspection.
3.
Individual inspection of TCM:
a) This
method is employed to inspect TCM which is not subject to the methods of
inspection prescribed in Clause 1 and Clause 2 of this Article but has
sufficient documents as prescribed in Clause 2 Article 1 herein;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 7. Handling of inspection results
1. Based
on inspection results and TCM documentation, Vietnam Register shall issue
Certificate of conformity. To be specific:
a) If TCM
fulfills all of requirements upon the type approval inspection results, Vietnam
Register shall issue a Notice of exemption using the form stated in the
Appendix III enclosed herewith;
b) If TCM
fulfills all of requirements upon the results of random inspection or
individual inspection of TCM, Vietnam Register shall issue a Certificate of
conformity using the form stated in the Appendix IV enclosed herewith;
c) If
inspection results indicate that TCM fails to satisfy requirements, Vietnam
Register shall issue a Notice of non-conformity using the form stated in the
Appendix V enclosed herewith;
d) If the
chassis number and/or engine number of inspected TCM is found to be altered or
re-stamped, Vietnam Register shall: Suspend inspection works and make record of
imported TCM’s violation of Decree No. 187/2013/ND-CP using the form stated in
Appendix VI enclosed herewith. Within 03 working days from the detection of
violation, Vietnam Register shall make and send the Notice of imported
transport construction machinery’s violation of Decree No. 187/2013/ND-CP using
the form stated in Appendix VII enclosed herewith to the importer and the
customs authority (at the place where import procedures are conducted).
2.
Actions taken in certain special cases of inspection:
a) If
major technical specifications stated in technical documents of the used TCM
are insufficient as required, remaining major technical specifications shall be
recorded according to physical inspection results;
b) In
case TCM of large dimension and weight must be disassembled for shipment to
Vietnam, Vietnam Register shall conduct the inspection of imported TCM only
after it has been reassembled;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d) If
imported TCM is not used to participate in road traffic network, the phrase
" Xe này không tham gia giao thông Đường bộ” must be specified in the
issued Certificate of conformity;
dd) In
case of right-hand drive TCM imported in accordance with regulations in Item 6a
Part II Appendix 1 enclosed with the Decree No. 187/2013/ND-CP dated November
20, 2013, if inspection result indicates that such imported right-hand drive
TCM satisfies all technical safety and environmental protection requirements,
certificate of conformity shall be granted provided that the note “Operation of
this TCM is limited and this TCM may not participate in traffic network” must
be specified in the certificate of conformity.
e) In
case TCM is equipped with adaptive cruise control system or specially designed
exhaust pipe, emission inspection shall not conducted because it is unable to
put the sampling probe into the exhaust pipe;
g) With
regard to TCM with multiple chassis numbers or engine numbers, Vietnam Register
shall specify the status of TCM’s chassis number or engine number in the
Certificate of conformity and make note of location of every number in special
cases;
h) When
there is some doubt about TCM's chassis numbers or engine numbers, Vietnam
Register shall has it assessed by a competent examination authority;
i)
Production year shall be determined according to the following grounds: PIN
number, chassis number, documents issued by manufacturer such as catalogue,
technical specification manual, TCM-related information searched by employing
software of international organizations or associations, information shown in
the manufacturer’s trade mark mounted onto or stamped on TCM, and information
shown in the copy of TCM’s registration certificate or certificate of
deregistration issued by a competent foreign authority.
3. Method
and contents of CoP assessment of band new TCM are available in Article 12
herein.
Chapter III
TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL
PROTECTION INSPECTION OF DOMESTICALLY MANUFACTURED/ASSEMBLED TRANSPORT
CONSTRUCTION MACHINERY
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Design
dossier includes the following documents:
a) The
original of the explanation about technical design of TCM using the form stated
in Section A of the Appendix VIII enclosed herewith;
b) The
original of the technical drawing using the form stated in Section B of the
Appendix VIII enclosed herewith;
c)
Information sheet of technical specifications of imported parts and systems
relating to design contents.
2. Design
dossier of TCM manufactured/ assembled according to foreign design and bearing
foreign trade mark is not required provided that the manufacturer can present
the following documents:
a) Technical drawing that shows general layout of TCM, overall dimensions,
arrangements and dimensions of operating systems and cabin;
b) The
copy of type approval certificate issued by a competent foreign authority;
c) The
technology transferor’s written certification that the quality of TCM
manufactured/ assembled in Vietnam is conformable with the prototype.
Article 9. Design appraisal
1. Design
dossier must be appraised by Vietnam Register.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3.
Certificate of design approval is made into 03 Copies: each of Vietnam Register
and designing party shall retain 01 copy and the other is sent to the
manufacturer.
4. Modifications to design dossier:
a) If
there is any change or modification to the appraised design dossier, the
manufacturer or the designing party must submit an application to Vietnam
Register for appraisal of changed or modified contents of such design dossier
in accordance with the procedures mentioned in Clause 5 of this Article.
b) The
designing party must prepare a new design dossier if appraisal result indicates
that changed or modified contents of design dossier fail to satisfy
requirements for TCM of the same type as prescribed in the Appendix I enclosed
herewith.
5. Design
appraisal procedures
a) An
application for design appraisal includes: An application form for design
appraisal, 03 types of required documents of a design dossier as prescribed in
Clause 1 Article 8 herein and a copy attached with the original thereof for
comparison or a certified copy of business registration certificate or equivalent
paper of the designing party (if this is an initial appraisal of design
dossier).
b)
Appraisal steps:
The
designing party or the manufacturer (if the manufacturer itself makes design)
shall prepare and submit an application for design appraisal, which includes
types of documents mentioned in Point a Clause 5 of this Article, to Vietnam
Register by hand or by post or by another appropriate means.
Vietnam
Register shall verify the application within 01 working day from the receipt of
such application. Vietnam Register shall instruct the applicant to supplement
the application if it is invalid or give the applicant an appointment note to
receive appraisal result if the application is sufficient and valid as
regulated.
Vietnam
Register shall conduct the appraisal of design dossier. If design dossier fails
to meet requirements, Vietnam Register shall request the applicant to
supplement it. If design dossier meets all requirements, Vietnam Register shall
issue a Certificate of design approval using the form stated in the Appendix IX
enclosed herewith.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The
appraisal of a design dossier must be completed within 15 working days from the
receipt of a valid application as prescribed.
Article 10. Representative sample inspection and test
1. The
manufacturer shall prepare and transport the representative sample of TCM to
the inspection site as agreed upon with Vietnam Register. Items and parts to be
inspected or tested are prescribed in the Appendix X enclosed herewith.
2.
Vietnam Register shall inspect and/or test representative sample in conformity
with applicable technical standards and regulations, and then prepare the
inspection/ test report as regulated.
Article 11. Inspection dossier
1. An inspection
dossier includes:
a) The
original of representative sample inspection/ test report;
b) Design
dossier appraised by Vietnam Register or substitutes thereof as prescribed in
Clause 2 Article 8 herein;
c) TCM
photograph; Information sheet of manufactured/assembled TCM using the form
stated in Appendix XI enclosed herewith;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
dd)
Description of manufacturing/assembling technology and inspection procedure;
e)
Explanation about method and location of punching chassis number and engine
number;
g)
Instruction manual and warranty certificate.
2.
Inspection dossier must be retained at Vietnam Register and the manufacturer
for at least 02 years from the date on which the manufacturer sends a
notification of stopping manufacturing/assembly of TCM type granted Certificate
to Vietnam Register.
Article 12. CoP assessment
1. In
order to ensure quality of mass-produced TCM, the manufacturer must satisfy all
of the following requirements:
a) Have
procedure and professional guidance on quality control for each TCM type,
including quality control of input components, each production step, final
inspection as well as warranty and maintenance;
b) Have
quality control equipment conformable to each step of the production process
and final inspection;
c)
Recruit qualified technicians to take charge of final inspection.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a)
Initial assessment: This assessment must be conducted before issuing a type
approval certificate by consideration and assessment of the following contents:
Manufacturing/assembly procedures and quality management system; quality
documents retention and management; human resources engaging in
manufacturing/assembly and quality control; equipment serving final inspection;
operations of quality control system during the manufacturing/assembly, final
inspection and launching;
b) Annual
assessment: This assessment shall be conducted every year so as to certify the
manufacturer’s maintenance of fulfillment of quality requirements as registered
and certified in the initial assessment. Inspection and assessment activities
shall be further conducted if any non-conformity is found in course of
manufacturing/assembly and quality inspection;
c)
Unscheduled assessment: This assessment is conducted in case the manufacturer
is found to commit violations against quality inspection rules or any
well-grounded complaint about TCM quality is made.
CoP
assessment is carried out in accordance with guidelines of ISO 9000 regarding
quality management systems and corresponding technical standards/regulations.
3. CoP
assessment is not mandatory if TCM is manufactured/ assembled according to the
same or insignificantly modified manufacturing/assembly and quality inspection
procedures which have been accredited by a COP certification and applied to
produce the same TCM type.
Article 13. Issuance of type approval certificate
1. Based
on the TCM inspection dossier prescribed in Article 11 herein, product
inspection/test report and CoP assessment report, Vietnam Register shall issue
a type approval certificate using the form stated in the Appendix XIII enclosed
herewith.
2.
Procedures for a type approval certificate:
a) The
manufacturer shall prepare the inspection dossier as prescribed in Article 11
herein and submit it by hand or by post or by another appropriate means to
Vietnam Register;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) Based
on representative sample inspection/test report as prescribed in Clause 2
Article 10 herein and CoP assessment report, Vietnam Register shall request the
manufacturer to supplement the inspection
3.
Time-limit for issuing a type approval certificate:
A type
approval certificate shall be issued within 05 working days from the date on
which the inspection dossier is certified valid in accordance with regulations.
Article 14. Inspection during the mass production
1. After
obtain a type approval certificate, the manufacturer shall start the mass
production, have quality inspected during the process of
manufacturing/assembling each TCM and ensure that produced TCM shall be
conformable to the certified type and representative sample.
2. The
manufacturer shall assume responsibility for the origin and quality of each
finished TCM.
3. Each
mass-produced TCM must bear the final self-inspection by the manufacturer.
4. Release
dossier for manufactured/assembled TCM:
a) With
regard to TCM granted type approval certificate and final inspection report,
the manufacturer shall be provided with the template of final inspection
certificate according to the form stated in the Appendix XIV enclosed herewith
in corresponding to the quantity of produced TCM. Based on quality inspection
result of each finished TCM, the manufacturer shall issue final inspection
certificate (hereinafter referred to as “factory certificate”) to such TCM. A
valid factory certificate must bear the signature and seal of an authorized
officer. This factory certificate is used for TCM registration or presented at
the request of a competent authority;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) The
manufacturer shall make and submit periodical reports on the quantity, type and
quality inspection results of finished TCM to Vietnam Register.
Article 15. Type assessment for TCM granted type approval
certificate; suspension and revocation of type approval certificate
1.
Vietnam Register shall conduct type assessment for TCM granted type approval
certificate in the following cases:
a) Annual
type assessment;
b) Type
assessment made if there is difference between newly produced TCM type and the
one granted type approval certificate;
c) Type
assessment made upon the occurrence of changes in relevant technical standards
and regulations.
2.
Grounds for conducting type assessment for TCM granted type approval
certificate:
a) CoP
assessment report as prescribed in Clause 2 Article 12 herein;
b) The
conformity of TCM granted type approval certificate to corresponding national
technical regulations and standards.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a)
Documents relating changes in TCM;
b) Report
on inspection of TCM types conducted in accordance with new national technical
regulations and standards or report on inspection of changed items of TCM type
made in accordance with applicable national technical regulations and standards.
Vietnam
Register shall receive, verify and consider supplemented documents. Procedures
for issuing a new type approval certificate in this case shall be carried out
in accordance with regulations in Article 13 herein.
4.
Suspension of type approval certificate:
Vietnam
Register shall suspend a type approval certificate for 03 months with giving a
written notification of suspension to the manufacturer in the following cases:
a) The
manufacturer commits any violations against regulations on quality inspection
or use of factory certificate; or
b)
Finished TCM shows unconformity to the type inspection dossier and
representative sample of TCM granted type approval certificate but the
manufacturer fails to implement any remedial measures.
During
the period of suspension, the manufacturer must implement remedial measures
against such violations. Vietnam Register shall conduct an inspection upon the
receipt of the manufacturer’s notification of its remedy for violations. If
violations are remedied, Vietnam Register shall resume the type approval
certificate by giving a written notification to the manufacturer. Over the
suspension period but the manufacturer fails to remedy such violations, Vietnam
Register shall continue suspending the type approval certificate for another
3-month period. Over the second suspension period but the manufacturer still
fails to remedy its violations, the type approval certificate shall be revoked
in accordance with regulations in Point c Clause 5 of this Article.
5.
Revocation of type approval certificate:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) TCM
type no longer meets applicable national technical regulations and/or
standards, or there are changes in TCM type resulting in its unconformity to
the inspection dossier and the granted type approval certificate but the
manufacturer fails to apply for re-inspection in accordance with regulations;
b) The
CoP assessment report shows that the manufacturer commits serious violations
against regulations on quality inspection or use of factory certificate;
c) Ending
the second suspension period of the type approval certificate as prescribed in
Clause 4 of this Article but the manufacturer still fails to remedy its
violations.
Chapter IV
TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL
PROTECTION INSPECTION OF MODIFIED TRANSPORT CONSTRUCTION MACHINERY
Article 16. Application for appraisal of modified TCM
design
1. An
application for appraisal of modified TCM design includes:
a) The
application form for certification of quality of modified TCM;
b)
Business registration certificate or equivalent documents of the designing
party (if this is initial design);
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.
Procedures for appraisal of modified design:
a) The
designing party shall prepare and submit an application for appraisal of
modified TCM design to Vietnam Register by hand or by post or by another
appropriate means.
b)
Vietnam Register shall verify the application within 01 working day from the
receipt of such application. Vietnam Register shall instruct the applicant to
supplement the application if it is invalid or give the applicant a receipt
note if the application is sufficient and valid as regulated.
c) Within
07 working days from the receipt of a valid application for appraisal of
modified TCM design, Vietnam Register shall issue a certificate of modified design
approval using the form stated in the Appendix XVIII enclosed herewith if the
modified design meets all requirements. If an application is refused, Vietnam
Register shall give a written notification which specifies reasons for refusal
to the designing party.
Article 17. Testing of modified TCM
1. The
modifying party shall take the modified TCM to the agreed-upon inspection site.
2.
Vietnam Register shall make inspection report after conducting physical
inspection of the conformity of modified TCM to the approved modified design
and technical safety quality and environmental protection requirements as well
as applicable technical regulations and standards. A written notification of
modified items/parts failing to meet requirements shall be given to the
modifying party.
Article 18. Issuance of certificate of quality of modified
TCM
1. A
certificate of quality of modified TCM made according to the form stated in the
Appendix XVIII enclosed herewith shall be issued if modified TCM satisfies all
requirements when tested.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3.
Certificate of quality of modified TCM shall be issued within 05 working days
from the date on which modified TCM is tested and certified to meet all
relevant requirements.
Chapter V
TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL
PROTECTION INSPECTION OF USED TRANSPORT CONSTRUCTION MACHINERY
Article 19. Application for inspection of used TCM
An
application for inspection of used TCM includes:
1. The
application form for technical safety quality and environmental protection
inspection of used TCM using the form stated in the Appendix XIX enclosed
herewith.
2. One of
the following documents if applying for inspection for the first time:
a) The
original or the soft copy of quality certificate; or
b) The
copy of factory certificate; or
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The
original of certificate of quality of modified TCM, if any;
Article 20. Inspection procedures
1. The
TCM owner shall prepare and submit an application for inspection of used TCM in
accordance with regulations in Article 19 herein to the inspecting unit.
2.
Inspecting unit shall verify the received application. If the application is
insufficient and invalid, the inspecting unit shall instruct the applicant to
supplement the application within a day (if such application is submitted by
hand) or give a written notification to the applicant to supplement the
application within 02 working days (if such application is submitted by post or
by another appropriate means). In case of a valid application, the inspecting
unit shall come into an agreement on inspection date and site with the
applicant (if the inspection is conducted outside the inspecting unit as
requested by the applicant).
3. The
inspection of used TCM shall be conducted. The TCM owner shall be immediately
informed if the inspection result shows that used TCM fails to meet
requirements. If the inspection result shows that used TCM meets requirements,
certificate of quality of used TCM shall be issued within 01 working day from
the completion of inspection works if the inspection is conducted at the
location of the inspecting unit, or within 03 working days the completion of
inspection works if the inspection is conducted outside the inspecting unit.
4. Method
of application: The TCM owner may submit the application for inspection of used
TCM to the inspecting unit by hand or by post or by another appropriate means.
Article 21. Contents of inspection
1. Used
TCM shall be inspected in accordance with relevant technical regulations and
standards. If an inspection of used TCM is conducted at a location other than
the location of the inspecting unit, emission inspection shall not be
conducted.
2.
Photograph of the inspection site shall be taken at 45-degree angle from the
front side of the inspected TCM or the opposite rear angle so that the TCM's
type and plate number are clearly shown. In case of unavailability of TCM’s
plate number, the chassis number shall be photographed or stenciled to serve
the preparation of inspection certificate for used TCM. Time of taking such
photograph must be shown on such photograph.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4.
Issuance of inspection certificate, inspection stamp and inspection result
report:
a) The
following documents shall be issued if inspection result shows that the
inspected TCM meets all requirements: Inspection certificate and inspection
stamp made according to the form stated in the Appendix XXII and the Appendix
XXIII enclosed herewith. Inspection certificate and inspection stamp shall be
printed out from the TCM management software; Inspection result report (for
lifting equipment prescribed in Point 2 Section VI of the Appendix II enclosed
herewith) shall be made using the form stated in the Appendix XXI enclosed
herewith;
b)
Inspection certificate, inspection stamp and inspection result report
prescribed in Point a of this Clause shall remain valid for 12 months.
Inspection certificate shall bear the same serial number as that of the
inspection stamp;
c)
Inspection certificate, inspection stamp and inspection result report
prescribed in Point a of this Clause shall be null and void in the following
cases: Contents of inspection certificate are not conformable to actual
technical specifications of used TCM; or a new inspection certificate is
granted to that used TCM; or the TCM owner makes declaration of loss of TCM; or
the inspecting unit issues a notice of revocation of inspection certificate; or
the TCM met an accident so that it fails to satisfy technical safety quality
and environmental protection requirements; or inspection certificate is damaged
or torn;
d) The
re-issuance of inspection certificate, inspection stamp and inspection result
report prescribed in Point a of this Clause due to loss or damage shall be
subject to re-inspection of TCM in accordance with regulations in Article 20
herein. Inspection certificate and inspection stamp shall still remain their
validity regardless of change in TCM owner or area of operation.
Article 22. Issuance of blank templates of inspection
certificate and inspection stamp, and reports by inspecting units
1.
Procedures for issuance of blank templates of inspection certificate and
inspection stamp:
a) Each
inspecting unit shall prepare and submit the application for provision of blank
templates using the form stated in the Appendix XXIV enclosed herewith by hand
or by post or electronically to Vietnam Register from the 15th day
to the 20th day of the ending month of each quarter;
b) After
considering the demand and capacity of the requesting inspecting unit, Vietnam
Register shall, directly or by post, provide such inspecting unit with blank
templates from the 23rd day to the 30th day of the ending
month of each quarter.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Each
inspecting unit shall submit report on its inspection works as follows:
a)
Transmit inspection-related data to the server of Vietnam Register after each
inspection certificate and inspection stamp is printed out;
b) Submit
periodical report on issuance of inspection certificate and inspection stamp
according to the form of report stated in the Appendix XXV enclosed herewith by
the 05th day of the subsequent month;
c) Submit
other reports at the request of a competent authority.
Chapter VI
RESPONSIBILITY OF RELEVANT ORGANIZATIONS
AND INDIVIDUALS
Article 23. Responsibility of Vietnam Register
Vietnam Register
shall manage, organize and conduct inspections, tests and certification of
quality of imported TCM, manufactured/assembled TCM, modified and used TCM.
Vietnam Register shall assume responsibility to:
1.
Organize the implementation of this Circular.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Submit
annual or unexpected reports on inspection of TCM’s conformity to technical
safety quality and environmental protection requirements to the Ministry of
Transport.
Article 24. Responsibility of Provincial Departments of
Transport
1.
Organize routine inspections of used TCM at their affiliates.
2.
Cooperate with Vietnam Register to consistently perform state management of
inspections for technical safety and environmental protection for TCM within
their competence in the province.
Article 25. Responsibility of inspecting units
1.
Properly conduct inspections and issue inspection certificate to TCM that
fulfills requirements. The head of each inspecting unit and the person directly
conducting inspection works shall assume responsibility for inspection results.
2. Assign
inspectors who have attended professional training courses and appointed by the
Director of Vietnam Register to conduct inspections of TCM in accordance with
regulations.
3. Make
inspection procedures, contents, technical standards and regulations, their
service fees and working hours publicly; employ software programs for
management of TCM to issue inspection results, and print inspection
certificates and inspection stamps.
4. Manage
written records, comply with regulations on retention of records, reports and
data transmission; comply with and facilitate the inspection and supervision by
competent authorities.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
6.
Inspect, maintain and repair inspection equipment and devices in order to
guarantee their accuracy and operation in compliance with regulations.
Article 26. Responsibility of importers
1. Assume
responsibility for the origin and quality of imported TCM as well as the
accuracy and genuineness of documents submitted to Vietnam Register.
2.
Maintain existing status of imported TCM so that Vietnam Register may conduct
quality inspection in accordance with regulations.
3. Keep
and maintain any issued documents certifying inspection results, and present
them at the request of competent law enforcement officers.
Article 27. Responsibility of manufacturers
1.
Manufacture, assemble and modify TCM in compliance with applicable technical
regulations and standards.
2.
Formulate quality inspection procedures for finished TCM and invest in
inspection equipment corresponding to manufacturing scale; conduct quality
inspection of each finished TCM and assume responsibility for quality of
finished TCM.
3. Keep
and maintain any issued documents certifying inspection results, and present
them at the request of competent law enforcement officers.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. Set up
quality data collection system, analyze technical errors and retain relevant
information.
6.
Actively submit reports on technical errors. Relevant information must be
sufficiently and timely provided during the process of investigation by Vietnam
Register.
7. Give
information concerning recall of TCM to their agents, service stations and
clients.
8.
Dossier of finished TCM must be retained for at least 02 years from the date on
which the manufacturer stops manufacturing/assembling such TCM type granted
type approval certificate.
9.
Dossier of modified TCM must be retained for at least 02 years from the date of
certificate of quality of modified TCM issued by Vietnam Register.
Article 28. Responsibility of TCM owners
1. Assume
responsibility to repair and maintain TCM to ensure the conformity of TCM to
technical safety quality and environmental protection requirements between two
inspection periods;
2. Not to
forge, erase or modify the issued inspection certificate;
3.
Provide necessary information relating inspection contents, administrative
management and technical specifications of TCM, including relevant documents
and dossiers to the inspecting unit;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5.
Inspection certificate is delivered to the TCM owner for presentation at the
request of a competent authority. Inspection stamp is delivered to the TCM
owner to stamp on the inside of the windshield surface or where it is easily
visible. Expiration date must be revealed and easily seen.
Article 29. Fees and charges
Fees and
charges concerning inspection and certification shall be paid in accordance
with applicable laws.
Article 30. Document retention
1. Inspection
dossier prescribed in Article 4 herein and documents prepared during the
inspection must be retained at Vietnam Register for at least 02 years from the
issued date of quality certificate.
2.
Inspection dossier prescribed in Article 8 herein and documents prepared during
the inspection must be retained at the inspecting unit for at least 02 years
from the date on which the manufacturer stops manufacturing/assembly of TCM
type granted type approval certificate.
3.
Modified design dossier prescribed in Article 16 herein and documents prepared
during the inspection must be retained at the inspecting unit for at least 02
years from the issued date of certificate of quality of modified TCM.
4.
Document prescribed in Clause 2, Clause 3 Article 19, Clause 2 Article 21
herein shall be retained during the operation of related TCM. Documents
prescribed in Clause 3 Article 21 (originals), Point a Clause 4 Article 21
(photocopies) herein shall be retained at inspecting units for at least 02
years from the inspection date.
Chapter VII
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 31. Application of electronic documents
Electronic
versions of dossier, documents and certificates of quality herein may
substitute for hard Copies when relevant procedures are performed via portals.
Article 32. Entry into force
1. This
Circular shall come into force as from July 01, 2016 and abrogate the following
Circulars and regulations:
a) The
Circular No. 23/2009/TT-BGTVT dated October 15, 2009 by Minister of Transport
providing for technical safety quality and environmental protection inspection
of transport construction machinery;
b) The
Circular No. 41/2011/TT-BGTVT dated May 18, 2011 by Minister of Transport on
amendments to the Circular No. 23/2009/TT-BGTVT dated October 15, 2009 by
Minister of Transport providing for technical safety quality and environmental
protection inspection of transport construction machinery;
c)
Article 1 and Article 4 of the Circular No. 19/2014/TT-BGTVT dated May 20, 2014
by Minister of Transport on amendments to the Circular No. 23/2009/TT-BGTVT
dated October 15, 2009 by Minister of Transport providing for technical safety
quality and environmental protection inspection of transport construction
machinery, the Circular No. 44/2012/TT-BGTVT dated October 23, 2012 by Minister
of Transport providing for technical safety quality and environmental
protection inspection of imported motorcycles and mopeds, and imported engines
used for manufacturing/assembly of motorcycles and mopeds, and the Circular No.
41/2013/TT-BGTVT dated November 05, 2013 by Minister of Transport providing for
technical safety quality inspection of electric bicycles with respect to
regulations on transport construction machinery.
2.
Certificates issued before the date of entry into force of this Circular shall
remain valid according to the validity period specified in such certificates.
Article 33. Implementation
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.
Difficulties that arise during the implementation of this Circular should be
reported to the Ministry of Transport for consideration.
MINISTER
Dinh La Thang