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GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No: 166/2024/ND-CP
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Hanoi, December 26,2024
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DECREE
REGARDING ELIGIBILITY REQUIREMENTS FOR MOTOR VEHICLE
INSPECTION SERVICE PROVISION; ORGANIZATION AND OPERATION OF VEHICLE
REGISTRATION AND INSPECTION FACILITIES; SERVICE LIFE OF MOTOR VEHICLES
Pursuant to the Law on
Organization of the Government of Vietnam dated June 19, 2015; Law on
Amendments to the Law on Organization of the Government of Vietnam and the Law
on Organization of Local Government dated November 22, 2019;
Pursuant to the Law on
Product and Goods Quality dated November 21, 2007;
Pursuant to the Law on
Investment dated June 17, 2020;
Pursuant to the Law on
Road Traffic Order and Safety dated June 27, 2024;
At the request of the
Minister of Transport;
The Government
promulgates a Decree on the eligibility requirements for motor vehicle
inspection service provision; organization and operation of vehicle registration
and inspection facilities; service life of motor vehicles.
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GENERAL
PROVISIONS
Article
1. Scope
This Decree prescribes:
1. The eligibility
requirements for provision of technical safety and environmental protection inspection
services for motor vehicles including automobiles, trailers, semi-trailers
towed by automobiles; four-wheeled motorized passenger vehicles and
four-wheeled motorized cargo vehicles; exhaust inspection for motorbikes and
mopeds.
2. Organization and
operation of vehicle registration and inspection facilities.
3. Service life of goods
transport automobiles (including specialized goods transport automobiles);
passenger automobiles with at least 9 people in seating capacity (excluding the
driver); automobiles transporting preschool children and students; four-wheeled
motorized cargo vehicles and four-wheeled motorized passenger vehicles.
Article
2. Regulated entities
1. This Decree applies to
organizations and individuals involved in:
a) Motor vehicle/heavy-duty
vehicle inspection service provision;
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2. This Decree does not
apply to organizations and individuals involved in motor vehicle/heavy-duty
vehicle inspection under management of the Ministry of Defense and the Ministry
of Public Security.
Article
3. Definitions
1. " Vehicle
registration and inspection facility" refers to a public service
provider, enterprise, or cooperative established in accordance with law, which
includes motor vehicle registration and inspection facility and motorbike/moped
exhaust inspection facility.
2. "Motor vehicle
registration and inspection facility" refers to an entity holding a
certificate of eligibility for motor vehicle inspection.
3. "Motorbike/moped
exhaust inspection facility (hereinafter referred to as exhaust inspection facility)"
refers to an entity holding a certificate of eligibility for motorbike/moped
exhaust inspection.
4. "Motor
vehicle/heavy-duty vehicle inspection" refers to the initial and
periodic testing and assessment of the technical safety and environmental safety
of motor vehicles (excluding motorbikes and mopeds or heavy-duty vehicles in
accordance with the law.
5. "Motorbike/moped
exhaust inspection" refers to the testing and assessment of the
exhaust emission components of motorbikes and mopeds. This inspection shall
apply at the time specified in the Prime Minister’s Decision on the roadmap for
applying Vietnam Standards and National Technical Regulations on exhaust
emissions of road motor vehicles running on Vietnamese roads.
6. "Vehicle
inspector" refers to a person holding a professional certificate in
accordance with the law to conduct certification, inspection of motor vehicles,
heavy-duty vehicles, and exhaust inspection of motorbikes, mopeds.
7. "Professional
staff" refers to persons receiving dossiers, returning inspection results,
entering data, searching information, printing inspection results, and
archiving dossiers.
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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.
9. "Inspection
station" refers to the area where inspection lines of motor vehicle
registration and inspection facilities or where exhaust emissions measurement
equipment of exhaust inspection facilities are placed.
10. "Inspection
certificate" refers to a certificate confirming that a motor vehicle
or a heavy-duty vehicle meet the technical safety and environmental protection
requirements in accordance with the law; that a motorbike or moped has
satisfactory exhaust inspection results and meets the requirements on exhaust
emission components in accordance with laws on environment, which includes
motor vehicle inspection certificate; heavy-duty vehicle inspection
certificate; and motorcycle/moped exhaust inspection certificate.
11. "Technical
safety and environmental protection inspection seal of motor vehicle or
heavy-duty vehicle (hereinafter referred to "inspection seal")"
refers to a symbol indicating road traffic eligibility of motor vehicles and
heavy-duty vehicles that have been issued with inspection certificates.
12. "Inspection
certificate/inspection seal blank" refers to a printed paper uniformly
issued and distributed by the Vietnam Register to vehicle registration and
inspection facilities for printing inspection certificates and inspection
seals.
Chapter
II
ELIGIBILITY
REQUIREMENTS FOR MOTOR VEHICLE INSPECTION SERVICE PROVISION
Article
4. General requirements
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2. Vehicle registration
and inspection facilities shall employ vehicle inspectors appropriate to their
functions. Vehicle inspectors shall include Grade I vehicle inspectors, Grade
II vehicle inspectors, and Grade III vehicle inspectors.
3. Vehicle registration
and inspection facilities must possess documents and materials as prescribed by
the laws on construction, land; traffic connectivity and road connection;
environmental protection, occupational safety and hygiene, fire prevention and
fighting, and other relevant laws upon building and putting vehicle
registration and inspection facilities in operation.
Section
1. ELIGIBILITY REQUIREMENTS APPLICABLE TO MOTOR VEHICLE REGISTRATION AND
INSPECTION FACILITIES
Article
5. Requirements on area
1. The premises of a
motor vehicle registration and inspection facility mean a land plot on which
facilities for motor vehicle inspection are located, with the minimum areas
regulated below:
a) With regard to the
motor vehicle registration and inspection facility with one Type I inspection
line, the minimum area of the premises for inspection operation is 1.250 m2;
a) With regard to the
motor vehicle registration and inspection facility with one Type II inspection
line, the minimum area of the premises for inspection operation is 1.500 m2;
c) With regard to the
motor vehicle registration and inspection facility with two inspection lines,
the minimum area of the premises for inspection operation is 2.500 m2;
d) Regarding the motor
vehicle registration and inspection facility with at least three inspection
lines, the usable area for each corresponding additional inspection line is 625
m2;
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Article
6. Requirements on personnel
1. Requirements on
quantity
a) Employ at least 01
leader of the motor vehicle registration and inspection facility as a Grade II
or higher vehicle inspector;
b) Employ at least 01
leader of the inspection division as a Grade I vehicle inspector;
c) Employ at least 02
Grade II or higher vehicle inspectors. The personnel specified at points a and
b of this clause may engage in the inspection operation at inspection lines as
vehicle inspectors in accordance with this point;
d) Employ professional
staff to perform tasks as prescribed in clause 7, Article 3 hereof.
2. A Grade II vehicle inspector
as prescribed at point c, Clause 1 of this Article must meet the following
requirements:
a) Qualification: hold a
bachelor's or engineer's degree in a technical major involved in motor vehicles
or heavy-duty vehicles;
b) Possess a valid
automobile driving license;
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3. A Grade I vehicle
inspector as prescribed at point b, Clause 1 of this Article must meet the
following requirements:
b) Be a Grade II vehicle
inspector with at least 05 years of experience in inspection operation;
b) Process a Grade I
vehicle inspector certificate issued in accordance with law.
4. A professional staff
as prescribed at point d, Clause 1 of this Article must meet the following
requirements:
a) Qualification: hold a
post-secondary diploma or higher;
b) Receive guidelines
provided by the Vietnam Register to perform tasks as prescribed in clause 7,
Article 3 hereof.
Section
2. ELIGIBILITY REQUIREMENTS APPLICABLE TO EXHAUST INSPECTION FACILITIES
Article
7. Requirements on area
1. Regarding a fixed
exhaust inspection facility
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2. Regarding a mobile
exhaust inspection facility
The mobile exhaust
inspection facility is not required to meet the requirements as prescribed in
clause 1 of this Article. Exhaust measuring instruments and equipment must be
permanently installed on vehicles used for mobile exhaust inspection.
Article
8. Requirements on personnel
1. Requirements on
quantity
a) Employ at least 01
vehicle inspector as prescribed in clause 2 of this Article;
b) Employ professional
staff to perform tasks as prescribed in clause 7, Article 3 hereof.
2. Requirements on
vehicle inspectors:
a) Grade I and Grade II
vehicle inspectors as defined in Article 6 hereof;
b) Grade III vehicle
inspectors must hold a post-secondary diploma in a technical major involved in
motor vehicles or heavy-duty vehicles and process a Grade III vehicle inspector
certificate issued in accordance with the law.
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4. If the personnel
specified in clause 1 of this Article concurrently undertake tasks of each
other's job positions, such personnel shall be considered as holders of
concurrent positions if they hold the respective professional certificates and
meet and other requirements in accordance with this Decree.
Chapter
III
ORGANIZATION
AND OPERATION OF VEHICLE REGISTRATION AND INSPECTION FACILITIES
Article
9. Organizational structure
1. The organizational
structure of a vehicle registration and inspection facility shall comprise:
a) Management division
includes the Director, Deputy Director or staff in charge of the facility,
appointed in accordance with the law, with a view to organizing management and
administration of the facility;
b) Inspection division
includes leaders of the inspection divisions and vehicle inspectors with a view
to inspecting vehicles;
c) Office includes
professional staff and other staffs with a view to performing office works and
providing assistance in inspection operation.
2. Personnel of divisions
specified in clause 1 of this Article may concurrently undertake tasks among
divisions. Such personnel shall be considered as those of the concurrent
division if they hold the respective professional certificates and meet and
other requirements in accordance with this Decree.
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1. Vehicle registration
and inspection facilities shall ensure independence, objectivity, and transparency,
and comply with the provisions of this Decree and relevant laws concerning
motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust
inspection.
2. Motor vehicle
registration and inspection facilities holding a certificate of eligibility for
motor vehicle inspection shall conduct motor vehicle inspections and
motorbike/moped exhaust inspections and issue inspection certificates thereof.
3. Exhaust inspection
facilities holding a certificate of eligibility for motorbike/moped exhaust inspection
shall conduct motorbike/moped exhaust inspections and issue inspection
certificates thereof.
4. Vehicle registration
and inspection facilities whose vehicle inspectors process a professional
certificate concerning heavy-duty vehicle inspection issued in accordance with
law shall conduct heavy-duty vehicle inspections and issue inspection
certificates thereof.
5. Vehicle registration
and inspection facilities shall facilitate organizations and individuals in
bringing their vehicles for inspection.
Article
11. Operations of vehicle registration and inspection facilities
1. Conduct motor
vehicle/heavy-duty vehicle inspections and motorbike/moped exhaust inspections
and issue inspection certificates thereof in accordance with this Decree and
all relevant technical regulations.
2. Assign vehicle
inspectors to conduct motor vehicle/heavy-duty vehicle inspections and
motorbike/moped exhaust inspections in accordance with the scope of their vehicle
inspector certificates; prepare a record of such assignments under Form
prescribed in Appendix I enclosed herewith.
3. Only conduct vehicle
inspections when all inspection equipment and instruments (hereinafter referred
to as “measuring instruments”) meet the technical requirements set forth in the
National Technical Regulation on Vehicle Registration and Inspection
Facilities; comply with the regulations on inspection and calibration in
accordance with the law on metrology.
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5. Conduct inspections at
locations outside the premises of vehicle registration and inspection
facilities in accordance with the regulations promulgated by the Minister of
Transport.
6. In the event of any
malfunction or replacement of measuring instruments, promptly remedy the issue
to ensure continued compliance with clause 3 of this Article and send a
notification using the Form prescribed in Appendix II enclosed herewith to the
Department of Transport.
7. Send a notification of
any change in leaders of vehicle registration and inspection facilities, leaders
of their inspection divisions, their vehicle inspectors, or professional staff,
using the Form prescribed in Appendix III enclosed herewith, to the Department
of Transport.
8. Revoke inspection
certificates and inspection seals that were improperly issued contrary to the
law.
9. Fail to conduct
inspection of vehicles subject to warnings as prescribed in points a, b, c, d,
and dd, clause 1 Article 12 hereof.
10. Halt inspection
operation after a decision to suspend or revoke the certificate of eligibility
for motor vehicle inspection or motorbike/moped exhaust inspection is issued by
a competent authority; return the issued certificates of eligibility for motor
vehicle inspection or certificates of eligibility for motorbike/moped exhaust
inspection to the Department of Transport upon revocation.
11. Provide technical
services involved in motor vehicles, heavy-duty vehicles, and motorbike/moped
exhaust.
12. Implement programs
and plans concerning provision of training, internship, assessment, and performance
of professional tasks as prescribed by competent authorities.
13. Maintain a division
responsible for performing all tasks pertaining to inspection dossiers during
the period of temporary cessation or suspension of inspection operation (except
in cases of force majeure as prescribed by law).
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Article
12. Vehicle warnings
1. A vehicle is subject
to warnings in the following cases:
a) The vehicle is
involved in administrative violations against the regulations on road traffic
order and safety;
b) A warning has to be
issued at the request of a procedural authority;
c) There is evidence
proving that the vehicle owner has forged vehicle dossier;
d) There are
discrepancies between information stated in the vehicle registration
certificate and the actual vehicle during inspection procedures;
dd) The vehicle
registration certificate is not replaced after the inspection following
issuance of a modification certificate;
e) The inspection
certificate and/or inspection seal is lost or revoked under a notification.
2. Methods of imposition
of vehicle warnings and cancellation thereof
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b) A vehicle warning
shall be cancelled immediately upon satisfactory re-inspection results or upon
provision of evidence proving that the cause for warning has been remedied;
c) In cases where a
vehicles is subject to a warning in accordance with point c, clause of this
Article, the warning-imposing entity must notify the local police authority of
such vehicle warning.
3. Imposition of warnings
and cancellation thereof
a) The Department of
Transport shall impose and cancel vehicle warnings in respect of cases
specified in points a and b, clause 1 of this Article at the request of the
competent or procedural authorities in administrative divisions;
b) A vehicle registration
and inspection facility shall impose and cancel vehicle warnings in respect of
cases specified in points c, d, dd, and e, clause 1 of this Article.
c) The Vietnam Register
shall impose and cancel other vehicle warnings, except those specified in
points a and b of this clause.
Article
13. Inspection certificates and inspection seals
1. A physical or
electronic certificate of motor vehicle/heavy-duty vehicle inspection shall consist
of inspection certificate and inspection seal.
2. Both the inspection
certificate and inspection seal shall be simultaneously issued to a vehicle
running on public roads.
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4. An inspection
certificate and/or inspection seal of a vehicle shall be invalid if:
a) The vehicle inspection
is not conducted in accordance with the regulations on inspection sequence and
procedures;
b) The inspection dossier
is prepared or certified contrary to the provisions on inspection;
c) The vehicle inspection
is conducted by unauthorized and unqualified personnel;
d) The vehicle inspection
is conducted using measuring instruments that do not meet accuracy
requirements;
dd) The vehicle is
subject to warnings in accordance with clause 1, Article 12 hereof.
5. An inspection
certificate and/or inspection seal of a vehicle shall cease to be valid if:
a) The vehicle is damaged
such that it no longer conforms to technical safety or environmental protection
standards;
b) A warning on loss or
revocation of the vehicle's inspection certificate and/or inspection seal has
been recorded in the Vietnam Register’s inspection management software;
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d) The vehicle inspection
results are unsatisfactory due to Major Defects (MaD) and must undergo repairs
before re-inspection;
d) The vehicle inspection
results are unsatisfactory due to Major Defects (MaD) and the vehicle must
undergo repairs before re-inspection;
6. Inspection certificate
and inspection seal blanks
Blanks used for printing
inspection certificates and inspection seals of the respective vehicle types
are specified as follows:
a) Green bank (Form No.
01 specified in Appendix IV enclosed herewith) applicable to motor vehicles
using clean, green, or environmentally friendly energy;
b) Orange-yellow bank
(Form No. 02 specified in Appendix IV enclosed herewith) applicable to other
motor vehicles;
c) Pink-purple bank (Form
No. 03 specified in Appendix IV enclosed herewith) applicable to heavy-duty
vehicles;
7. Issuance of inspection
certificate and inspection seal blanks
a) From the 15th to the
20th day of the last month of each quarter or upon request for additional
blanks, a vehicle registration and inspection facility that wish to be issued
inspection certificate and inspection seal blanks shall submit a written
request and inventory report using Form specified in Appendix V enclosed
herewith via the Ministry of Transport’s public service portal and
single-window system;
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c) Within 05 working days
of receiving payment, the Vietnam Register shall issue blanks in the
corresponding quantity.
8. Management and use of
inspection certificate and inspection seal blanks
a) The vehicle
registration and inspection facility shall prepare a physical or electronic
register for monitoring and management of receipt and issuance of blanks, using
Form specified in Appendix VII enclosed herewith;
b) Damaged blanks shall
be stored by type and serial order on a monthly basis, with the reason for
damage stated in each blank.
9. Management, use, and
destruction of damaged inspection certificate and inspection seal blanks
a) Annually, the vehicle
registration and inspection facility shall file a request to the Department of
Transport for audit of the facility's management and use of blanks and
destruction of the previous year’s damaged blanks by January 30, using Form specified
in Appendix VIII enclosed herewith.
b) Within 05 working days
from the date of receipt of such request, the Department of Transport shall
conduct an audit of the facility's management and use of blanks and prepare a
record of destruction of damaged blanks using Form specified in Appendix IX
enclosed herewith.
Article
14. Competence to issue inspection certificates
1. Regarding motor
vehicle registration and inspection facilities
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c) Leaders of their
inspection divisions as assigned;
2. Regarding exhaust
inspection facilities
a) Their leaders
appointed in accordance with law;
b) Their vehicle
inspectors who sign inspection certificates as assigned.
Article
15. Suspension of inspection operation of vehicle registration and inspection
facilities
1. A vehicle registration
and inspection facility shall have its inspection operation suspended in any of
the following cases:
a) Fail to provide
information on stored vehicle dossier to other vehicle registration and
inspection facilities upon request;
b) Disclose login
accounts used for updating motor vehicle/heavy-duty vehicle warnings on the
inspection-related software system to persons who are not assigned by the
facility to manage and use such accounts;
c) Fail to notify the
revocation of its inspection certificate and inspection seal issued contrary to
law;
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2. Suspension period
A vehicle registration
and inspection facility that commit violations specified in clause 1 of this
Article shall have its inspection operation suspended for 01 month.
Article
16. Revocation of certificate of eligibility for inspection
1. A vehicle registration
and inspection facility shall have its certificate of eligibility for
inspection revoked in any of the following cases:
a) Its certificate of
eligibility for motor vehicle inspection and certificate of eligibility for
motorbike/moped exhaust inspection are issued on the basis of falsified
dossiers, documents, or materials.
b) Its certificate of
eligibility for motor vehicle inspection and certificate of eligibility for
motorbike/moped exhaust inspection are intentionally erased or altered, resulting
in falsification.
c) Its inspection
operation is suspended in accordance with Article 15 of this Decree three (03)
times within a consecutive twelve-month period;
d) It is administratively
sanctioned three (03) times or more in accordance with the Decree on
administrative penalties for violations against the regulations on road traffic
order and safety, excluding driving license point deduction or recovery within
a consecutive twelve-month period;
dd) It has at least five
(05) vehicle inspectors suspended from inspection operation or at least three
(03) vehicle inspectors whose vehicle inspector certificate is revoked within a
consecutive twelve-month period;
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g) It fails to maintain a
division responsible for performing tasks pertaining to inspection dossiers
during the period of temporary cessation or suspension of inspection operation
(except in cases of force majeure as prescribed by law).
h) It temporarily ceases
inspection operation for more than twelve (12) consecutive months;
It assigns persons who
are not vehicle inspectors to conduct inspections; or assigns one vehicle
inspector to conduct inspections at 02 vehicle registration and inspection
facilities within the same day.
k) It is dissolved.
2. A vehicle registration
and inspection facility whose certificate of eligibility for inspection has
been revoked is only considered being re-issued another certificate after twelve
(12) months from the date of the revocation decision, except for the case
specified at point h, clause 1 of this Article.
Article
17. Responsibilities of vehicle registration and inspection facilities in case
of temporary cessation of motor vehicle inspection and motorbike/moped exhaust
inspection operation
1. A vehicle registration
and inspection facility that temporally ceases its operations for three (03)
consecutive days or more but less than thirty (30) days shall:
a) Send a notification of
such suspension to the Department of Transport and the Vietnam Register,
specifying the reasons for such temporary cessation and remedial measures;
b) Post a notification of
such suspension in its waiting room;
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2. A vehicle registration
and inspection facility that temporarily ceases its operations for a period
from thirty (30) consecutive days to twelve (12) consecutive months shall:
a) Send a notification of
such suspension to the Department of Transport and the Vietnam Register,
specifying the reasons for such temporary cessation, and temporary cessation
period after the 30th day of temporary cessation;
b) Fulfill the
responsibilities specified in points b and c, clause 1 of this Article.
Chapter
IV
SERVICE LIFE
OF MOTOR VEHICLES
Article
18. Determination of service life
1. The service life of
cargo automobiles (trucks) and specialized cargo automobiles (heavy-duty
trucks) shall be twenty-five (25) years from the year of manufacture.
2. The service life of
passenger automobiles with at least 9 people in seating capacity (excluding the
driver); automobiles transporting preschool children and students; four-wheeled
motorized cargo vehicles shall be twenty (20) years from the year of
manufacture.
3. The service life of
four-wheeled motorized passenger vehicles shall be fifteen (15) years from the
year of manufacture.
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Article
19. Determination of year of manufacture
1. The year of
manufacture of a vehicle shall be determined on the basis of the information
specified in the following materials, in the order of priority:
a) Certificate of
technical safety and environmental protection for a imported motor vehicle;
certificate of ex-factory quality inspection for a domestically manufactured or
assembled vehicle;
b) Manufacturer's
information on the year of manufacture affixed to the vehicle
c) Verification results
from the manufacturer or materials provided by the manufacturer
2. A vehicle shall be deemed
to have exceeded its service life in cases where there are no materials,
dossiers, or bases specified in clause 1 of this Article.
Chapter
V
IMPLEMENTATION
Article
20. Responsibilities of the Ministry of Transport
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2. Promulgate the
programs and contents concerning provision of training, internship, assessment,
and performance of professional tasks for Grade I vehicle inspectors, Grade II
vehicle inspectors, and Grade III vehicle inspectors.
Article
21. Responsibilities of the Ministry of Information Technology
Conduct inspection and calibrate
measuring instruments; take charge of and cooperate with relevant ministries
and central authorities in conducting inspections and audits on the use of
measuring instruments in the motor vehicle inspection and motorbike/moped
exhaust inspection in accordance with law on metrology.
Article
22. Responsibilities of the Vietnam Register
1. Conduct specialized
inspections and audits on the provision of motor vehicle/heavy-duty vehicle
inspection and motorbike/moped exhaust inspection services nationwide; handle
or recommend handling of violations within its competence.
2. Develop and uniformly
manage softwares used in the motor vehicle/heavy-duty vehicle inspection and
motorbike/moped exhaust inspection, grant access rights to and provide user
instructions of such softwares for vehicle registration and inspection
facilities; share the motor vehicle/heavy-duty vehicle registration and
inspection database with relevant authorities for cooperation in management;
impose warnings and cancel warnings as prescribed in point c, clause 3, Article
12 hereof.
3. Grant trial access to
the inspection management software to organizations establishing vehicle
registration and inspection facilities applying for a certificate of
eligibility for inspection.
4. Compile materials and
provide guidance, training, internship, and assessment for vehicle inspectors
and professional staff; disseminate legislative documents, update and improve
professional skills for vehicle inspectors; provide training to Departments of
Transport and vehicle registration and inspection facilities on inspection
management practices.
5. Uniformly manage and
issue inspection certificate and inspection seal blanks; print and distribute
inspection certificate and inspection seal blanks.
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7. In January every year,
compile a list of vehicles that have exceeded their service life and notify the
Traffic Police Department; compile motor vehicle/heavy-duty vehicle exhaust
inspection results and notify the Department of Environmental Pollution Control
(under the Ministry of Natural Resources and Environment) for cooperation in
monitoring, audit and management.
8. Engage in conducting
audits and assessing motor vehicle registration and inspection facilities in
accordance with the technical requirements set forth in the National Technical
Regulation on Vehicle Registration and Inspection Facilities.
9. Hand over applications
for issuance of certificates of eligibility for motor vehicle inspection
assessed by the Vietnam Register to Departments of Transport for archival and
management.
10. Designate conformity
assessment organizations to assess the conformity of motor vehicle registration
and inspection facilities with the National Technical Regulation on Vehicle
Registration and Inspection Facilities in accordance with laws on product and
goods quality; and publish such designations on the Vietnam Register’s website.
Article
23. Responsibilities of People's Committees of provinces and municipalities
1. Cooperate with the
Ministry of Transport to organize the implementation of this Decree.
2. Direct the Departments
of Transport and other relevant local authorities to perform the state
management of the motor vehicle/heavy-duty vehicle inspection and
motorbike/moped exhaust inspection within their administrative divisions in
accordance with this Decree.
Article
24. Responsibilities of the Departments of Transport
1. Manage, conduct
inspections and audits regarding the implementation of regulations on the motor
vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection
within their administrative divisions, handle or recommend handling of the
detected violations within their competence.
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3. Conduct audits on the
eligibility of vehicle registration and inspection facilities and assess
thereof:
a) With regard to motor
vehicle registration and inspection facilities: conduct audits on the
eligibility and assess thereof in accordance with this Decree; the National
Technical Regulation on Vehicle Registration and Inspection Facilities. In
cases where a conformity assessment organization is designated as prescribed in
clause 10 of Article 22 hereof, the certification results given by such
organization shall be used.
b) With regard to
motorbike/moped exhaust inspection facilities: conduct audits on the
eligibility and assess thereof in accordance with this Decree; the National
Technical Regulation on Vehicle Registration and Inspection Facilities; use
inspection and calibration results in accordance with the law on metrology.
4. Conduct audits on the
management and use of inspection certificate and inspection seal blanks, and
damaged inspection certificates and inspection seals at motor vehicle
registration and inspection facilities in accordance with clauses 8 and 9 of
Article 13 hereof.
5. Request the Vietnam
Register to engage in conducting audits on the eligibility of motor vehicle
registration and inspection facilities and assessing thereof in accordance with
the technical requirements set forth in the National Technical Regulation on
Vehicle Registration and Inspection Facilities.
6. Disseminate the
provisions of this Decree and relevant legal regulations on the motor
vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection to
relevant organizations and individuals within their administrative divisions.
7. Impose warnings and
cancel warnings as prescribed in point a, clause 3 of Article 12 hereof.
8. Publish the list of
vehicle registration and inspection facilities and motorbike/moped exhaust
inspection facilities whose certificate of eligibility for inspection is
initially issued, reissued, suspended, and revoked; the list of vehicle
inspectors and professional staff; and the list of vehicle inspectors whose
vehicle inspector certificate is suspended on the Department of Transport’s
website.
9. Designate personnel to
attend professional training courses on inspection management practices.
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Article
25. Responsibilities of organizations establishing vehicle registration and
inspection facilities
1. Comply with the
relevant regulations outlined in this Decree and the National Technical Regulation
on Vehicle Registration and Inspection Facilities.
2. Take responsibility
for the legality of applications for issuance of a certificate of eligibility
for motor vehicle inspection, and certificate of eligibility for
motorbike/moped exhaust inspection.
3. Operate, install, and
run the inspection management software test at the vehicle registration and
inspection facility before applying for issuance of a certificate of
eligibility for inspection.
4. Fail to interfere with
the motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust
inspection of the affiliated vehicle registration and inspection facility to
commit violations against law.
5. Request conformity
assessment organizations to conduct audits and assess in accordance with clause
10 of Article 22 hereof, and use the audit and assessment results to carry out
the procedures for initial issuance of a certificate of eligibility for motor
vehicle inspection.
Article
26. Responsibilities of vehicle registration and inspection facilities
1. Develop and promulgate
internal processes and guidelines to sufficiently carry out inspection contents
in accordance with the regulations on the motor vehicle/heavy-duty vehicle
inspection and motorbike/moped exhaust inspection.
2. Internally manage and
supervise inspection operation and take full responsibility for any violation
or misconduct that occur at the facility.
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4. Cooperate with the relevant
regulatory agencies in the implementation and pilot application of new
inspection technologies and equipment for the motor vehicle/heavy-duty vehicle
inspection and motorbike/moped exhaust inspection.
5. Before January 15 each
year, review and send a physical or electronic report on the list of vehicles
that have exceeded their service life of the immediately preceding year to the
Vietnam Register, the Department of Transport, and the Traffic Police
Department; transmit data and reports in accordance with the Ministry of
Transport.
6. Sufficiently hand over
dossiers concerning the motor vehicle/heavy-duty vehicle inspection and
motorbike/moped exhaust inspection and unused inspection certificate and
inspection seal blanks as directed by the Department of Transport in cases
where the certificate of eligibility for inspection is revoked.
7. Manage and use
softwares provided by the Vietnam Register in the motor vehicle/heavy-duty
vehicle inspection and motorbike/moped exhaust inspection and unused inspection
certificate and inspection for the correct purpose, ensuring cybersecurity and
safety.
8. Send a physical or
electronic revocation notification using the Form specified in Appendix XII
enclosed herewith to owners of vehicles whose inspection certificate and/or
inspection seal is invalid, and update warnings into the inspection management
software.
9. Collect service
prices, fees, charges, and fulfill financial obligations concerning inspection
operation to the state budget in accordance with law.
10. Request conformity
assessment organizations to conduct audits and assess in accordance with clause
10 of Article 22 hereof, and use the audit and assessment results to carry out
the procedures for re-issuance of a certificate of eligibility for motor vehicle
inspection.
11. Impose warnings and
cancel warnings as prescribed in point b, clause 3 of Article 12 hereof, and in
cases where the vehicle inspection results are unsatisfactory.
Chapter
VI
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Article
27. Transitional provisions
1. Motor vehicle
registration and inspection facilities whose certificate of eligibility for
motor vehicle inspection is issued before the effective date of this Decree but
have not yet met the requirements specified in cause 1,Article 5 hereof may
maintain their operation until December 31, 2028.
2. Motor vehicle
registration and inspection facilities that have been issued with certificates
of eligibility for motor vehicle inspection but have not yet undergone audits
and assessment by a conformity assessment organization as prescribed in clause
10 Article 22 hereof must undergo audits and assessment of conformity with the
National Technical Regulation on Vehicle Registration and Inspection Facilities
by January 1, 2029.
3. Motor vehicle
inspectors whose vehicle inspector certificate is issued before the effective
date of this Decree shall be considered as Grade II vehicle inspectors; senior
motor vehicle inspectors whose vehicle inspector certificate is issued before
the effective date of this Decree shall be considered as Grade I vehicle
inspectors.
4. Vehicles with service
life determined before the effective date of this Decree shall retain their
existing service life unchanged. Vehicles without a defined service life before
the effective date of this Decree shall remain without one.
5. Applications for a
certificate of eligibility for motor vehicle inspection submitted to the
Departments of Transport or the Vietnam Register before the effective date of
this Decree shall be processed in accordance with the provisions of Decree No.
139/2018/ND-CP amended by Decree No. 30/2023/ND-CP.
6. Inspection certificate
and inspection seal blanks issued in accordance with Circular No.
16/2021/TT-BGTVT; Circular No. 16/2014/TT-BGTVT; Circular No. 86/2014/TT-BGTVT;
and Circular No. 89/2015/TT-BGTVT shall be used until June 30, 2025.
Article
28. Entry into force
1. This Decree comes into
force from January 1, 2025, except for point d, clause 1, Article 16 hereof
which comes into force from January 1, 2026.
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a) Decree No.
95/2009/ND-CP;
b) Decree No.
139/2018/ND-CP;
c) Decree No.
30/2023/ND-CP;
d) Decree No.
121/2024/ND-CP;
3. Ministers, Directors
of ministerial agencies, Directors of governmental agencies, Presidents of the
People’s Committees of provinces and municipalities, and relevant organizations
and individuals shall implement this Decree./.
ON BEHALF OF GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha