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THE MINISTRY
OF TRANSPORT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
56/2012/TT-BGTVT
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Hanoi,
December 27, 2012
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CIRCULAR
PROVIDING ON TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION INSPECTION
OF ROAD MOTOR VEHICLES
Pursuant to the Law on Road
traffic, of November 13, 2008;
Pursuant to the Government’s
Decree No. 107/2012/ND-CP, of December 20, 2012 defining the functions, tasks,
powers and organizational structure of the Ministry of Transport;
At the proposal of Director of
Science and technology Department and Director of the Vietnam Register;
The Minister of Transport
promulgates this Circular providing on technical safety and environmental
protection inspection of road motor vehicles,
Chapter 1.
GENERAL
PROVISIONS
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1. This Circular provides on
technical safety and environmental protection inspection of road motor vehicles
(hereinafter referred to as motor vehicles).
2. This Circular does not apply to:
a) Motorcycles, mopeds;
b) Motor vehicles of army and police
forces which are used for defense and security purposes.
Article 2.
Subjects of application
This Circular applies to
organizations and individuals involved in technical safety and environmental
protection inspection of motor vehicles.
Article 3.
Interpretation of terms
In this Circular, the terms below are
construed as follows:
1. The technical safety and
environmental protection inspection of road motor vehicles (hereinafter
referred to as inspection) means the examination and evaluation of the
technical safety and environmental protection state of a motor vehicle in order
to certify that it is eligible to join in traffic.
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3. Technical safety and environmental
protection inspection stamp of motor vehicles (below referred to as inspection
stamp) is a symbol which is granted for motor vehicles that meeting standard
and being allowed to join in road traffic within the period stated in the
stamp.
4. Dossier-setting slip of vehicle is
slip recording administrative information, specifications of motor vehicles
which are primitive and are updated changes during the course of use.
5. Inspection prints are blank
certificates, inspection stamps and dossier-setting slip of vehicles.
6. Inspection slip is the record of
inspection result enclosed with photos of vehicle upon inspection.
7. Units registering motor vehicles
(below referred to as the inspection units) mean organizations eligible to be
granted certificate of motor vehicles inspection as prescribed.
8. The dossier of vehicles includes a
dossier-setting slip of vehicle and relevant documents in order to manage on
administration and specifications of first inspection, changes during the
course of use.
9. The inspection dossier includes
records of result of each time of inspection, grant of certificate.
10. Vehicle owner means owner of
vehicles, driver, or person who bring vehicle to inspection.
11. The inspection management program
is the software system of the Vietnam Register elaborated in service of
management of administrative information, specifications and inspection results
of vehicles used in inspection units and the Vietnam Register.
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1. Conducting inspection under
insufficient content, in contravention of processes and regulations.
2. Conducting inspection without
ensuring the precision of inspection equipment or upon failure of the local
area network; conducting inspection outside the inspection line in
contravention of regulations.
3. Designating persons to conduct
inspection in contravention of regulations.
4. Forcing motor vehicle owners to
bring their motor vehicles to designated repair or maintenance establishments.
5. Collecting charges or fees in
contravention of regulations; committing acts of harassing customers for bribes
or receiving money or gifts in any forms.
6. Conducting inspection and issuing
inspection certificates to motor vehicles whose operation duration has expired
or despite a written request for non-inspection from a competent state
management agency or violations being alerted by the inspection management
program.
7. Counterfeiting dossiers, using
inspection prints, printing certificates, inspection stamps, issuing
certificates and reporting the inspection results in contravention of
regulations.
Chapter 2.
INSPECTION OF
MOTOR VEHICLES
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1. The first inspection to set up
dossier of vehicle
When inspecting for the first time to
set up dossier of vehicle, the owner needs have the following documents:
a) The original vehicle registration
certificate, issued by a competent state management agency or one of the
following valid papers for presenting:
- The copy of vehicle registration
certificate certified by bank keeping.
- The copy of vehicle registration
certificate certified by financial leasing agency.
- An appointment
paper for vehicle registration certificate (sufficient signature and stamp).
b) The original valid certificate of
insurance for civil liability of motor vehicle owner for presenting.
c) Documentary evidences of vehicle
origin for submission, including one of the following documents:
- The original certificate of
quality, technical safety and environmental protection of import motor vehicle
or the notification of exemption from inspection of quality, technical safety
and environmental protection of import motor vehicle (required only for
imported motor vehicles); copy of factory quality inspection slip for motor
vehicles produced, assembled domestically;
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- authenticated copy of decision on
liquidation for motor vehicles of defense, public security force; authenticated
copy of decision on sale of national preserved vehicles.
d) The original certificate of
technical safety and quality and environment protection of transformed motor vehicles for submission (required only for
newly-transformed motor vehicles).
e) The original certificate of technical
safety and quality of cranes, cisterns, CNG, LPG fuel vessels equipped, or
installed on motor vehicles and granted according to the Circular No.
35/2011/TT-BGTVT, of May 06, 2011 of The Minister of Transport on procedures
for grant of certificate of technical safety and quality of equipment of
loading and unloading, boilers, pressure equipment used in
transport for submission.
2. Inspection for the next times
When bringing motor vehicles into
inspection, the owner must present documents stated in points a, b, d and point
e clause 1 this Article.
Article 6.
Inspection Content
1. Items and methods to inspect
technical safety and environmental protection of motor vehicle in inspection
comply with the Circular No. 10/2009/TT-BGTVT, of June 24, 2009 of The Minister
of Transport providing on inspection of technical safety and environmental
protection of road motor vehicles (hereinafter referred to as the Circular No.
10/2009/TT-BGTVT).
2. Motor vehicles must be inspected
on an inspection line. For oversized, extra-heavy vehicles which cannot be
inspected on the inspection line, they shall be inspected on operation and
effect’s brake on the testing road outside the line. For motor vehicles
operating on islands, in deep-lying or remote areas where it is impossible to
bring vehicles to inspection units, inspection shall be conducted outside
inspection units; orders and methods to implement as prescribed in clause 3
Article 8 of this Circular.
Article 7. The
inspection unit conducting inspection
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2. Inspections of motor vehicles for
next times (including supplementations, amendments to dossier of vehicles) are
implemented at any inspection unit in nationwide.
Article 8. Order,
method of implementation
1. Setting up dossier of vehicle
For motor vehicle inspected for the
first time, if it has sufficient documents as prescribed in clause 1, Article 5
of this Circular, the inspection unit shall examine, make a dossier-setting
slip of vehicle in according to Form specified in the Annex I of this Circular
and put information into the inspection management program.
2. Inspection at inspection line
a) Organizations, individuals bring
motor vehicles and documents as prescribed in Article 5 of this Circular to the
register for inspection.
b) Inspection unit shall receive,
examine, compare dossier with data in the inspection management program. If it
is insufficient, or invalid, the owner of vehicle shall be guided for
re-completion; if it is sufficient and valid, collection of charges and
inspection shall be implemented.
c) For motor vehicles meeting
standard of inspection, the inspection unit shall collect fee for grant of
certificate. Repaying certificate; invoice of registration charge, fee of grant
of certificate to the owner and sticking inspection stamp for vehicle.
For motor vehicles with only
appointment paper for grant of vehicle registration, the inspection unit shall
implement inspection, if inspection satisfies, sticking an inspection stamp and
granting an appointment paper for repaying certificate to the owner of vehicle
made in according to the Form specified in Annex II of this Circular. When the
owner present the vehicle registration, the inspection unit shall return
certificate.
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3. Inspection outside the inspection
unit
a) The owner of vehicles requests in writing clearly stating reason of
inspection outside the inspection unit, enclosed with list of motor vehicles
requested for inspection and send to the inspection unit.
b) The inspection unit shall examine
and consider the request of owner of vehicles, if it is right subject and
eligible of the testing road, within 05 working days, send the written request
for inspection outside the inspection unit enclosed with list of motor vehicles
to the Vietnam Register via post.
c) The Vietnam Register shall examine
and consider dossier within 05 working days to have written guidance send to
the inspection unit for inspection.
d) The inspection unit conducts
inspection of motor vehicles and implements provisions on point c, d clause 1
this Article.
4. Recording the supplementations,
amendments to dossier of motor vehicle when it has changes on administrative
information, specifications.
The owner brings motor vehicle
together with documents specified in Article 5 of this Circular and relevant
technical documents of motor vehicle to the inspection unit in nationwide for
inspection and recording of changes.
a) In case motor vehicle brought to
the inspection unit where managing dossier of means of transport: The
inspection unit shall examine documents and compare with the inspection
management program, it dossier is sufficient, valid, it record
supplementations, amendments into the dossier of means of transport, the
inspection management program and perform inspection as prescribed; if dossier
is insufficient and invalid, it guides the owner for re-completion.
b) In case motor vehicle brought to
the inspection unit where are not managing dossier of means of transport:
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- The inspection unit managing
dossier of means of transport shall examine documents and request for
supplementations, amendments to dossier of means of transport in the inspection
management program. If it is sufficient and valid, unit shall accept
supplementations, amendments to dossier of means of transport and keep
documents in dossier of means of transport. If it is insufficient or invalid,
unit request the inspection unit that has inspected for repairing and
overcoming.
Chapter 3.
INSPECTION
DOSSIER, PRINTS
Article 9.
Inspection certificate, stamp
1. Motor vehicles which their
inspection satisfies standard as prescribed shall be granted certificate and
inspection stamp in according to form specified in Annex III of this Circular.
Certificates, inspection stamps are printed on blank certificates, and stamps which
are issued uniformly by the Vietnam Register. Certificate,
inspection stamp must have a same seri number and content suitable with dossier
of means of transport.
2. The effect duration of certificate
and inspection stamp are granted according to the inspection cycle specified in
the Circular No. 10/2009/TT-BGTVT but not exceeding the expiry date of vehicle
registration or day of expiring of use life of vehicle.
3. Certificate is assigned to owner
in order to bring it along to when joining in traffic, the inspection stamp is
sticked at top right corner, the inside face of windshield in front of motor
vehicle. If a motor vehicle has no windshield in front of, the inspection stamp
may be sticked on the frame of vehicle at behind, near the position of registration
number plate.
4. If certificate or inspection stamp
is loss, damaged or torn, the vehicle owner shall bring his/her motor vehicle
to an inspection unit for inspection and re-issuance.
5. When a dossier supplied by the
vehicle owner is detected to be falsified, modified or erased; certificate or
inspection stamp granted is incompatible with the inspected motor vehicles, the
inspection units must notify for functional agencies and take responsibility
for revocation of such granted certificates or inspection stamps (if they are
valid).
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a) Motor vehicle has been granted a
new certificate and inspection stamp;
b) The vehicle owner has declared
loss;
c) An inspection unit has notify for
revocation;
d) A motor vehicle suffering an
accident which make it failing to ensure technical safety and environmental
protection as prescribed.
Article 10.
Orders of, procedures for grant and issuance of inspection prints
1. The inspection unit shall make and sent a request slip for supply of dossier,
inspection prints according to form specified in Annex IV of this Circular to
the Vietnam Register on between fifteenth and twentieth of
each month.
2. The Vietnam Register shall, on
basis of needs and capacities of inspection units, send inspection prints via post or directly for inspection units on between
twenty-third and twenty eighth of each month.
Article 11.
Reports on inspection
The inspection units must send
reports on inspection to the Vietnam Register as follows:
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a) Report on result of inspection and
report on use of inspection prints made out from the inspection management
program.
b) Report on inspection prints
inventory in according to form specified in the Annex V of this Circular.
2. Report on inspection result in
file form transmitted to the inspection management program under guides of the
Vietnam Register.
3. In August yearly, report of list
of automobile which preparing to expiry their service life from January 01 of
the next year according to form specified in annex VI of this Circular.
4. Before January 10 yearly, report
of list of automobile which expiry their service life from January 01 of year
according to form specified in annex VI of this Circular.
5. Irregular reports at requests of
competent agencies.
Article 12. Keeping dossiers,
inspection data
The inspection units shall manage,
keep vehicle dossier, inspection dossier and data. A kept dossier is required
to be sufficient and preserved well, easy for monitoring and examining.
1. Vehicle dossier includes:
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b) Documents stated in point c,
clause a, Article 5 of this Circular.
c) Certificates of technical safety
and quality and environmental protection of transformed motor vehicles (for
transformed motor vehicles).
d) Two general photos of number plate
of motor vehicles taking at a crossing angle of 450 in the front of
beside of vehicle and behind of opposite angle (including when motor vehicle
changes number plate or is transformed to change general shape).
dd) Copies of certificate, vehicle
registration when setting up the dossier-setting slip of vehicle and when
changing administrative information, specifications.
e) Other docuements recording changes
on administrative information, specifications during use of motor vehicle (is
any).
2. Inspection dossier includes:
a) Inspection slips:
b) Copies of documents: Vehicle registration,
certificate of new grant for motor vehicles;
c) Documents related to
supplementations, amendments of vehicle dossier which are not managed by the
unit.
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4. Duration for storage
a) Dossiers of vehicle: Being kept
during course of use of motor vehicles. For means of transport which expired
service life, being cancelled after 3 years of service life expiration.
b) Inspection dossier: Being kept in
3 years from the day of inspection.
Chapter 4.
THE
RESPONSIBILITY OF VEHICLE OWNER
Article 13. The responsibility
of vehicle owner
Apart from implementation of content
in this Circular, the vehicle owner shall implement the following provisions:
1. Refrain from transforming their
motor vehicles' structure, components or accessories in order to satisfy
technical standard when bringing inspection or faking, removing, sticking,
erasing, repairing contents of inspection certificate.
2. Supplying exactly necessary
information relating to inspection content, content of administrative
management, management of specifications of motor vehicles, including supply of
relevant dossiers, documents for inspection units.
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Chapter 5.
RESPONSIBILITY
OF STATE MANAGEMENT AGENCIES
Article 14. The
Vietnam Register
1. To provide guidance, professional
instructions in inspection of motor vehicles and examine implementation of this
Circular.
2. To elaborate, manage, guide use
uniformly of the inspection management program; connecting
network of data transmittion and manage data of motor vehicles invested by
inspection units.
3. To examine and evaluate conformity
on conditions and criteria as prescribed by the Ministry of Transport with
respect to inspection units.
4. To provide professional education
and training on inspection of motor vehicles. To evaluate, appoint, dismiss,
grant and revocate card with respect to inspectors.
5. To conduct regular, periodical and
irregular examination and supervision of inspection units’ inspection
activities. To handle violations committed by inspectors and inspection units
according to regulations.
6. To uniformly issue, manage and
print inspection prints and certificates.
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Article 15. The
provincial-level transport departments
1. To examine and supervise
operations and handle violations committed by inspectors and inspection units
under their management. To coordinate with the Vietnam Register in examining
operations of local inspection units of motor vehicles.
2. To propose provincial-level
People's Committees to appoint or to appoint under authorization directors and
deputy directors of inspection units under their management according to in the
Transport Minister's Circular No. 11/2009/TT-BGTVT of June 24, 2009, providing
conditions on road motor vehicle inspection centers.
Article 16. The
inspection units of motor vehicles
1. To conduct inspection and issue
certificates for motor vehicles to join in the road traffic
according to regulations. Heads of inspection units and
inspectors who direct conduct inspection shall take responsibility for
inspection results.
2. To publicize inspection orders,
procedures, contents, process, criteria, regulations, fees, charges and working
time.
3. To implement regime of storage and
report according to regulations. To transmit inspection figures everyday, keep
password in safe and update warning figures from the data network of the
Vietnam Register.
4. To abide by and create favorable
conditions for the inspection, examination and supervision of their inspection
activities by functional agencies.
5. To manage, supervise inspection
activities, often educate professional ethics for inspectors and employees,
prevent negative matters in their inspection operation.
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Chapter 6.
ORGANIZATION OF
IMPLEMENTATION
Article 17.
Effect
1. This Circular takes effect on
April 01, 2013 and annuls the following documents:
a) The Circular No. 22/2009/TT-BGTVT,
of October 06, 2009 of The Minister of Transport providing on procedures for
inspection of technical safety and environmental protection of road motor vehicles.
b) Article 4 of the Circular No.
37/2011/TT-BGTVT, of May 06, 2011, of the Minister of Transport on amending and
supplementing a number of articles the Regulation on transforming road motor
transport promulgated together with the Decision No. 15/2005/QD-BGTVT, of
February 15, 2005, Regulations on conditions of establishment and operation of
the motor vehicle inspection centers promulgated together with the Decision No.
45/2005/QD-BGTVT, of September 23, 2005, the Circular No. 10/2009/TT-BGTVT, of June
24, 2009, providing on inspection of technical safety and environmental
protection of road motor transport and the Circular No. 22/2009/TT-BGTVT, of
October 06, 2009, providing on procedures for inspection of technical safety
and environmental protection of road motor transport of the Minister of
Transport.
2. Inspection certificates issued by
inspection units to vehicles before the effective date of this Circular remain
valid through the expiration date written certificate and inspection stamps.
Article 18.
Organization of implementation
The chief of the Ministry Office, the
Chief Inspector, directors of the Ministry's departments, the director of the
Vietnam Register, directors of provincial-level Transport Departments, heads of
concerned agencies, and related organizations and individuals shall implement
this Circular.
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THE MINISTER OF
TRANSPORT
Dinh La Thang
(The appendices
are not translated here)