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
TVPL 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
TVPL 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
TVPL 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
TVPL 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
TVPL 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
TVPL 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
TVPL 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
TVPL 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
TVPL 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
TVPL 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
TVPL 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
TVPL 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, ex-factory quality inspection as well as
warranty and maintenance;
b) Have quality control equipment conformable to
each step of the production process and ex-factory quality inspection;
c) Recruit qualified technicians to take charge of
ex-factory quality inspection.
...
...
...
Please sign up or sign in to your
TVPL 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 ex-factory quality inspection; operations of quality control system
during the manufacturing/assembly, ex-factory quality 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
TVPL 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 ex-factory
quality self-inspection by the manufacturer.
4. Ex-factory dossier for manufactured/assembled
TCM:
a) With regard to TCM granted type approval
certificate and ex-factory quality inspection report, the manufacturer shall be
provided with the template of ex-factory quality 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 ex-factory quality
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;
b) The manufacturer shall prepare and issue the following documents to each finished
TCM: The original of factory certificate prescribed in Point a of this Clause
for applying for TCM registration; the copy of factory certificate for applying
for initial inspection of TCM for compliance with technical safety and
environmental protection requirements; instruction manual which specifies major
technical specifications and instructions for using TCM’s safety systems;
warranty number or certificate which specifies warranty requirements and
details of warranty service providers;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
3. When changes in the national technical
regulations and standards governing TCM type granted type approval certificate
come into force or when changes in TCM affect the conformity of such TCM to
corresponding national technical regulations and standards, the manufacturer
must re-apply for type approval certificate in accordance with new national
technical regulations and standards. In such cases, the manufacturer must
supplement the following documents to Vietnam Register:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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:
Vietnam Register shall give a written notification
of revocation and termination of a type approval certificate in the following
cases:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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);
c) Drawings of TCM before and after modification;
technical drawings and documents about parts and systems used for modification;
explanation of the influence of modified contents on items to be inspected and
calculated in the Appendix XV enclosed herewith; photograph of TCM before
modification; information sheet of TCM (if changed) made using the form stated
in the Appendix XVI enclosed herewith.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
2. Certificate of quality of modified TCM is made
into 02 Copies and issued to the TCM owner to apply for inspection and
registration of plate number.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
c) The copy of technical document including drawing
and major technical specifications or the information sheet of technical
specifications if TCM has been imported or manufactured/assembled before December
01, 2009 (i.e. the date of entry into force of the Circular No.
23/2009/TT-BGTVT dated October 15, 2009 by Minister of Transport on technical
safety quality and environmental protection inspection of transport
construction machinery).
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
3. Inspection results shall be recorded in the
report on technical safety quality and environmental protection inspection
(hereinafter referred to as “inspection report”) made using the form stated in
the Appendix XX enclosed herewith.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
2. Reports by inspecting units:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
2. Develop software programs for management of
imported, manufactured/assembled, modified and used TCM; print and manage blank
templates of inspection certificate, inspection stamp and other quality
certificates prescribed herein.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
5. Manage and supervise inspection works conducted
by their employees; provide training courses in professional ethics to their
employees; take actions to prevent violations against regulations on inspection
committed by their employees.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
4. Establish quality management system and maintain
details of buyers for use in necessary cases.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
4. Return inspection certificate and inspection
stamp at the request of the inspecting unit;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
IMPLEMENTATION
PROVISIONS
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English 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
1. 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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
MINISTER
Dinh La Thang