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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 139/2018/ND-CP
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Hanoi, October 8, 2018
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DECREE
REQUIREMENTS FOR MOTOR VEHICLE INSPECTION SERVICE BUSINESS
Pursuant to the Law on
Government organization dated June 19, 2015;
Pursuant to the Law on
Road Traffic dated November 13, 2008;
Pursuant to Law on
Enterprises dated November 26, 2014;
Pursuant to the Law on
Investment dated November 26, 2014; the Law on the amendments to Article 6 and
Appendix 4 on list of conditional lines of business of the Law on Investment
dated November 22, 2016;
At the request of the
Minister of Transport;
The Government has
promulgated the Decree on requirements for motor vehicle inspection service
business.
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GENERAL PROVISIONS
Article
1. Scope
This Decree regulates
requirements for inspection service business with respect to automobiles,
trailers, semi-trailers hauled by automobiles and similar vehicles (hereinafter
referred to as “motor vehicles”); management and the issue of certificates of
eligibility for motor vehicle inspection (hereinafter referred to as
“certificates of eligibility”).
Article
2. Regulated entities
1. This Decree applies to
agencies, organizations and individuals in relation to motor vehicles
inspection service management, operation and business.
2. This Decree does not
apply to agencies, organizations and individuals performing inspection of motor
vehicles used by military, public security forces for national defense and security
purposes.
Article
3. Interpretation of terms
For the purposes of this
Decree, these terms below shall be construed as follows:
1. “motor vehicle
inspection” or “inspection” refers to initial and regular inspection of quality
of technical safety and environmental protection for motor vehicles.
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3. “motor vehicle
registration unit” or "registration unit” refers to organizations
established according to laws, providing services of verification, registration
and issuing the inspection certificate.
4. “certificate of
eligibility for motor vehicles inspection” or “certificate of eligibility”
refers to a certificate confirming that the registration unit is eligible for
motor vehicle inspection.
5. “inspector” refers to
a person who is qualified to obtain an inspector certificate to perform any or
all of motor vehicle inspection activities. There are two types of inspector:
motor vehicle inspectors (herein “inspectors”) and high-level motor vehicle
inspectors (herein “high-level inspectors”).
6. “inspection staff”
refers to any person who is qualified to obtain a certificate of professional
staff to perform the following tasks: receive, return, store documentation,
insert data, search, examine, and compare dossiers of vehicles undergoing
inspection and print certificate of inspection.
7. “inspection line
staff” refers to any person who is qualified and experienced in motor vehicle
inspection to ensure that the motor vehicle line inspection meets statutory
regulations, process, technical regulations and standards and guidelines for
inspection.
8. “inspection station”
refers to the area where inspection equipment, support equipment and other
facilities are located.
9. “inspection line”
refers to the place where positions of inspection and installation of
inspection equipment are arranged. An inspection line comprises two types:
a) Type I inspection
line: able to inspect a motor vehicle with weight distributed on each single
axis up to 2,000 kg.
b) Type II inspection
line: able to inspect a motor vehicle with weight distributed on each single
axis up to 13,000 kg.
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1. Only holders of
certificates of eligibility are eligible for providing motor vehicle inspection
services.
2. Organizations
performing motor vehicle inspection services (hereinafter referred to as
“inspection organizations”) shall be legally and financially independent from
providers of auto transport services, services of motor vehicle care and repairs.
Legally and financial independence shall be interpreted as follows:
a) not affiliated to a
superior body;
b) the provider of auto
transport services, services of motor vehicle care and repairs does not hold more
than 10% of shares or stakes of the inspection organization.
Chapter
II
REQUIREMENTS FOR ISSUE OF
CERTIFICATES OF ELIGIBILITY
Article
5. General requirements
Requirements for
facilities, inspection line, and personnel prescribed in this Decree and National
Technical Regulation on registration units eligible for obtaining certificates
of eligibility promulgated by the Ministry of Transport.
Article
6. Requirements for facilities, inspection line
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a) For registration units
with one Type I inspection line, minimum area of the premises for inspection
activities is 1,250 m2;
b) For registration units
with one Type II inspection line, minimum area of the premises for inspection
activities is 1,500 m2;
c) For registration units
with two inspection lines, minimum area of the premises for inspection
activities is 2,500 m2;
d) For registration units
with at least three inspection lines, usable area for each corresponding
additional inspection line should not be less than 625 m2;
2. Inspection station
a) Inspection stations
with only one Type I inspection line: Minimum size including clearance around
the vehicle (length x width x height): 30 x 4 x 3.5 (m);
b) Inspection stations
with only one Type II inspection line: Minimum size including clearance around
the vehicle (length x width x height): 36 x 5 x 4.5 (m);
c) For inspection
stations with several adjacent inspection lines, the distance between centers
of inspection lines should be at least 4 meters and the distance between the
center of the outermost line and inner face of the station's wall should be at
least 2.5 meters.
d) In case inspection
lines are positioned in several inspection stations, minimum total length of
the inspection stations should be equal to the length of corresponding
inspection lines as prescribed in Point a, Point b of this Clause.
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Article
7. Requirements for personnel
Requirements for
personnel below must be satisfied:
1. Each inspection line
must have at least three inspectors at least one of whom is high-class
inspector.
2. Inspection line
captain should be arranged in place. Each captain shall take charge of two
inspection lines at a maximum.
3. The head and
professional staff of the registration unit meets requirements prescribed
herein.
Chapter
III
ISSUE, SUSPENSION AND
REVOCATION OF CERTIFICATES OF ELIGIBILITY
Article
8. Procedures for issue of certificates of eligibility
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a) A written request;
b) List of personnel
working in the registration unit accompanied by authenticated copies of employment
contracts as prescribed or employment hiring decisions (in case of inspectors, inspection staff); appointment decision
(in case of captains of inspection lines or heads of registration units) (if
any);
c) Inspection of whether
facilities and inspection line in reality comply with National Technical
Regulation;
d) Layout of overall
ground and buildings with inspection lines and equipment;
dd) Labor safety and fire
safety manuals as per the law.
2. Procedures for issue
of certificates of eligibility:
a) Within 3 working days
after receiving a complete and valid application, the Vietnam Register shall
notify the registration unit of time of inspection at the premises. If the
application is not complete and valid, the Vietnam Register shall notify the
registration unit in writing and provide explanation;
b) Within 5 working days
since notice, the Vietnam Register shall undertake an inspection visit to the
registration unit's premises. The inspection result shall be recorded using
Form in Appendix I issued herewith. If the registration unit passes the
inspection, within five working days the Vietnam Register shall issue it with a
certificate of eligibility; failing which, the Vietnam Register shall notify
the registration unit of correcting objectionable conditions in writing for
further inspection.
3. Receiving applications
and giving processing result shall be carried out in person at the Vietnam
Register, by post or through other suitable forms. Required documents as to
every form of receipt must comply with Clause 1 hereof.
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Article
9. Procedures for re-issue of certificates of eligibility
1. Procedures for re-issue
of certificates of eligibility due to revocation are the same as procedures as
instructed in Article 8 hereof.
2. If the certificate of
eligibility is lost or damaged, the registration unit may send a written
request for re-issuance to the Vietnam Register. The Vietnam Register shall
rely on records to re-issue the certificate of eligibility after 5 working days
since receipt of the written request, clearly specifying that the certificate
of eligibility is issued and then invalidate the lost or damaged certificate.
3. If the registration
unit changes its location, premises, inspection station, re-arrangement of
inspection lines different from those mentioned in the issued certificate of
eligibility or changes inspection equipment which affects the number of
inspection lines permitted for operation, it shall notify the Vietnam Register
of such changes (enclosed with a document proving compliance with facilities
and inspection lines in National Technical Regulation). Within 5 working days
from receipt of the notice, the Vietnam Register shall inspect and verify the
change. If the request for change meets the requirement, a certificate of
eligibility shall be issued within 5 working days; failing which, the Vietnam
Register shall, within 5 working days, send a notice to the registration unit
to correct objectionable conditions and for re-inspection.
4. If the registration
unit makes any change in personnel affecting the number of lines permitted for
operation, it must notify the Vietnam Register of such change. The Vietnam
Register shall, based on the application which is being kept, re-issue a
certificate of eligibility within 5 working days from receipt of the notice.
Article
10. Suspension of inspection activities
1. The registration unit
shall have an inspection line suspended for 1 to 3 months if it commits one of
the following violations:
a) Failing to meet one of
conditions, requirements prescribed in this Decree and National Technical
Regulation on registration units;
b) At least two times
inspectors are suspended from activities within 12 consecutive months;
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2. The registration unit
shall have its entire system of inspection suspended for 1 to 3 months if it
commits one of the following violations:
a) Perform inspection and
issue inspection certificates to motor vehicles without compliance with
technical regulations and standards, authority;
b) At least three times
inspectors are suspended from activities or at least two inspectors who have
their inspector certificates revoked within 12 months;
c) At least two times
inspection lines are suspended within 12 consecutive months;
d) Perform inspection
with inspection equipment, tools being damaged, failing to ensure accuracy or
not undergoing inspection, evaluation and calibration as prescribed.
3. As the case may be and
depending on the severity of violation, the registration unit may also face
penalties for administrative violations as per the law.
Article
11. Revocation of certificates of eligibility
The registration unit
shall have its certificate of eligibility revoked in one of following cases:
1. Falsify applications,
documents to be eligible for issue of certificates of eligibility.
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3. Stop performing
inspection for more than 12 consecutive months.
4. Be suspended from
inspection activities more than two times in 12 consecutive months.
5. At least five times
inspectors are suspended from activities or at least three inspectors who have
their inspector certificates revoked within 12 consecutive months.
6. The registration unit
is dissolved.
Article
12. Procedures for suspension of operation, revocation of certificates of
eligibility
1. The Vietnam Register
shall make a decision on suspension of operation, revocation of certificates of
eligibility, give notification to relevant agencies for coordination and make
public notice on the website.
2. The registration unit
should return the certificate of eligibility to the Vietnam Register in case of
revocation and at the same time stop activities immediately after effective
date of the decision.
3. The registration unit
having its certificate of eligibility revoked is only considered being
re-issued with another certificate of eligibility after 36 months since the
revocation date.
4. After the certificate
of eligibility is revoked and inspection activities are suspended, the head of
the registration unit and inspectors shall continue to be responsible to the
law for inspection results issued and still in force.
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Article
13. Procedures for bringing inspection activities to a halt
1. In case of an abrupt
halt for at least one day, the registration unit should give notification to
the Service of Transport in the locality, the Vietnam Register specifying
reasons and remedial plans; post notice at the lounge and maintain personnel
for handling matters relating to inspection documents.
2. In case the
registration unit makes a request for a halt for 12 consecutive months.
a) The registration unit
should give a report on reasons for the halt and duration to the Service of
Transport, the Vietnam Register 30 days prior to the halt and at the same time
post a notice at the lounge and via means of mass media;
b) Maintain personnel for
handling matters relating to inspection documents.
3. In case the
registration unit makes a request for a halt for more than 12 consecutive
months.
a) The registration unit
should give a report on reasons for the halt and duration to the Service of
Transport, the Vietnam Register 30 days prior to the halt and at the same time
post a notice at the lounge and via means of mass media;
b) Return the certificate
of eligibility;
c) Transfer all the
records of motor vehicles to other registration units as instructed by the
Vietnam Register.
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MANAGEMENT AND OPERATION OF
REGISTRATION UNITS
Article
14. Inspectors
1. Eligibility for
inspector certificates
a) Qualifications:
Obtaining a bachelor’s degree in mechanical engineering, the training program
should cover the following subjects: Automotive theory, automotive structures,
structure calculation, technical maintenance, internal combustion engine,
automotive electricity or equivalent subjects. If there are some subjects which
are not covered by the above program, they may be trained at other universities
or senior colleges;
b) Having experience at
least 12 months of probation as an inspector in the registration unit after
completing training;
c) Having passed the inspector
test as prescribed by the Ministry of Transport. The inspection test result
shall be recorded using Form in Appendix IV issued herewith;
d) Having a driving
license that remains effective.
2. Eligibility for
high-level inspector certificates
a) Qualifications:
Obtaining a bachelor’s degree in mechanical engineering, the training program
should cover the following subjects: Automotive theory, automotive structures,
structure calculation, technical maintenance, internal combustion engine, automotive
electricity or equivalent subjects.
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c) Having passed the
high-level inspector test as prescribed by the Ministry of Transport. The
inspection test result shall be recorded using Form in Appendix IV issued
herewith.
Article
15. Procedures of issue of inspector certificates
1. Persons who meet
requirements as prescribed in Article 11 hereof may make requests to the
Vietnam Register for the issue of the inspector certificate. The application
for the issue of the inspector certificate includes:
a) Written request;
b) Resume according to
the form in Annex III enclosed herewith (in case of applying for the first
issuance or re-issuance after revocation);
c) Copies extracted from
master register or authenticated copies or copies enclosed with originals of
first university degrees, transcripts;
d) Written confirmations
of probation period of the inspector issued by the registration unit (for an
inspector);
dd) One (01) color 4x6
photo, taken for no more than six months.
2. Procedures:
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b) Within three working
days since receipt of the application, the Vietnam Register shall carry
inspection of the application and give notification to applicants of the time
for performing evaluation of professional competence and knowledge of relevant
standards, regulations;
c) The Vietnam Register
shall carry out the evaluation and record inspector's performance in the
evaluation record according to the form in Annex IV enclosed herewith; if the
performance is satisfactory, the inspector certificate shall be issued within
five working days since the date of evaluation. Otherwise, the applicant may
make a request to the Vietnam Register for re-evaluation after six months since
the date of evaluation. Otherwise, the applicant may make a request to the
Vietnam Register for re-evaluation after one month since the date of
evaluation;
d) Receiving applications
and giving processing result shall be carried out in person at the Vietnam
Register, by post or through other suitable forms.
3. The inspector
certificate conforms to the form in Annex V enclosed herewith and takes effect
for 36 months since the date.
Article
16. Procedures of re-issue of inspector certificates
1. Within 30 days before
the inspector certificate expires, the registration unit, inspector should send
a written request (accompanied by color 4x6 photo, taken for no more than six
months) to the Vietnam Register for re-issue of the inspector certificate.
Within five working days
since receipt of the written request, the Vietnam Register shall carry out
evaluation of the inspector’s professional competence at the registration unit
and issue the inspector certificate after three working days since the date of
evaluation (if result is satisfactory). If result is unsatisfactory, the
applicant may make a request to the Vietnam Register for re-evaluation after
one month since the date of evaluation.
2. If the inspector
certificate is lost or damaged, the inspector may make a written request to the
Vietnam Register for re-issuance. The Vietnam Register shall rely on records to
re-issue the inspector certificate after five working days since receipt of the
written request, specifying that an inspector certificate is re-issued and the
lost or damaged certificate is annulled. The re-issued inspector certificate
shall have validity period not exceeding the validity period of the former
inspector certificate.
Article
17. Suspension of inspectors’ inspection activities
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1. Falsify inspection
results;
2. Fail to comply with
relevant procedures, technical regulations and standards and relevant
guidelines for inspection activities.
Article
18. Revocation of inspector certificates
The inspector shall have
his/her inspector certificate revoked in following cases:
1. Violating one of
Clauses Article 17 hereof leading to a serious consequence in respect of vehicle
safety.
2. Falsifying
applications to enable the inspector certificate to be issued.
3. Being suspended from
inspection activities more than two times in 12 consecutive months.
4. Being convicted by the
court;
5. Having civil act capacity
lost or limited;
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7. Working for two
registration units at the same time.
Article
19. Procedures for suspension of inspection activities and revocation of
inspector certificates
1. The Vietnam Register
shall make decision on suspension of inspection activities and revocation of
inspector certificates from inspectors, give notification to relevant agencies
for coordination and make public notice on the website.
2. The inspector should
return the inspector certificate to the Vietnam Register (in case of
revocation) and at the same time stop performing activities in the registration
unit immediately after the decision on revocation takes effect.
3. Inspectors having
inspector certificates revoked may apply for re-issuance of inspector
certificates only after 36 months since the date of revocation.
Article
20. Inspection staff
1. Having at least
vocational secondary school degrees.
2. Have been trained and
granted certificates of training in inspection as prescribed by the Ministry of
Transport.
Article
21. Suspension of inspection staff’s activities
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applications for
motor vehicle inspection.
2. Failing to comply with
relevant procedures, technical regulations and standards and relevant
guidelines for inspection activities.
Article
22. Procedures for suspension of inspection staff’s activities
1. The Vietnam Register
shall promulgate a decision on suspension and notify relevant agencies of such
decision for cooperation.
2. The inspection staff
shall stop performing motor vehicle inspection at the registration unit as soon
as practicable after effective date of the decision.
Article
23. Inspection line captain
1. Working as high-level
inspectors.
2. Taking responsibility
for motor vehicle inspection of the inspection line that they take charge.
Article
24. Head of registration unit
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2. The head of
registration unit must be an inspector who has performed inspection for at
least 36 months and has been appointed as per the law.
Article
25. Regulations on operation of the registration unit
1. Perform inspection and
issue inspection certificates to motor vehicles in compliance with technical
regulations and standards and guidelines relevant to inspection.
2. Maintain facilities,
personnel and inspection lines.
3. Collect service
charges and fees for motor vehicle inspection and other amounts receivable (if
any) and fulfill financial liabilities as per the law.
4. Within 18 months since
the certificate of eligibility is issued, the registration unit should
construct, apply and maintain quality management system according to ISO 9001;
5. Post at inspection stations
procedures and content of inspection; schedule of prices, fees, charges,
inspection cycle, hot lines of the Vietnam Register and other notifications as
prescribed.
6. Transmit data and send
reports as prescribed.
Article
26. Number of motor vehicles to be inspected by registration unit
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1. No more than 20
vehicles/day if each inspector takes charge of one vehicle; no more than 20
times the number of inspectors/day (number of inspector multiplying by 20) if
more than one inspector takes charge of one vehicle.
2. No more than 90
vehicles for one type I inspection line and no more than 70 vehicles for one
type II inspection line. If the type II inspection line is only used to inspect
a motor vehicle with weight distributed on each single axis up to 2,000 kg, the
number of vehicles for inspection is the same as the type I inspection line.
Chapter
V
IMPLEMENTATION
Article
27. Implementation
1. The Ministry of
Transport shall provide guidelines, inspect and take actions against violations
of this Decree; promulgate national regulations on vehicle registration units.
2. People’s committees of
central-affiliated cities and provinces shall provide instructions to Services
of Transport, local state agencies on motor vehicle inspection services
performed by registration units in the administrative division as prescribed
hereof.
3. Establishing registration
units.
a) Take responsibility
for legality of application for certificates of eligibility;
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4. The Vietnam Register
a) Inspect and supervise
performance of tasks prescribed in this Decree on conditions for business,
management and operation of motor vehicle inspection;
b) Undertake annual
inspection visits to registration units to inspect facilities, human force,
inspection equipment, tools, communications, data storage and transmission
equipment, documentation and reporting on inspection activities; make
assessment and calibration of inspection equipment;
c) Build inspection
management software programs and database, manage and unify use of such
programs and database system nationwide; set up data connection;
d) Provide training
courses in professional competence for inspectors, inspection staff at the
request of registration units, organizations and individuals establishing
registration units; provide training in professional competence, content and
procedures for inspection as prescribed by the Ministry of Transport;
dd) Take or propose
actions against violations against organizations or individuals committing
violations as prescribed hereof;
e) Publish on the website
of the Vietnam Register the list of registration units that have certificates
of eligibility granted, suspended or revoked.
5. Registration unit:
a) Comply with provisions
set out in this Decree and provisions concerning inspection operation
conditions; assign inspectors to join training courses in update of motor
vehicle inspection practices in case of changes in standards, regulations on
and scientific and technical progress in motor vehicle inspection;
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c) Facilitate
investigation and inspection of operation conditions by competent agencies;
d) Ensure normal working
time from 8 hours/day and five days/week; make it public at the head office of
the registration unit;
dd) Transfer adequate
documentation in conjunction with vehicles as guided by the Vietnam Register
when the registration unit is dissolved or has its certificate of eligibility
revoked.
Chapter
VI
IMPLEMENTATION
Article
28. Transitional provisions
1. Any certificate of
eligibility granted before the effective date of this Decree shall remain
effective till the end of validity period noted thereon.
2. Any inspector
certificate granted before the effective date of this Decree shall remain
effective till the end of validity period noted thereon. Any person who is
joining a training course or probation to become an inspector may be issued
with a certificate of eligibility as prescribed in regulations in force during
the training or probation period.
3. Any registration unit
obtaining a certificate of eligibility and any inspector obtaining an inspector
certificate before July 1, 2016 must meet sufficient conditions prescribed in
this Decree before July 1, 2019, except for Clause 1, Clause 2 Article 6 and
Point a, Point b Clause 1 Article 14 of this Decree.
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1. This Decree comes into
force as of January 1, 2019 and supersedes Government's Decree No.
63/2016/ND-CP dated July 1, 2016 on requirements for motor vehicle inspection
service business.
2. Ministries, heads of
ministerial-level agencies, heads of governmental agencies, presidents of the
People’s Committees of central-affiliated cities and provinces, relevant
organizations and individuals shall implement this Decree./.
PP THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc