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MINISTRY OF TRANSPORT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 44/2023/TT-BGTVT
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Hanoi, December 29, 2023
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CIRCULAR
GUIDELINES ON IMPLEMENTATION OF
DECREE NO. 139/2018/ND-CP DATED OCTOBER 8, 2018 OF THE GOVERNMENT OF VIETNAM ON
MOTOR VEHICLE INSPECTION SERVICE BUSINESS AND DECREE NO. 30/2023/ND-CP DATED
JUNE 8, 2023 OF THE GOVERNMENT OF VIETNAM ON AMENDMENTS TO DECREE NO.
139/2018/ND-CP OF THE GOVERNMENT OF VIETNAM ON MOTOR VEHICLE INSPECTION SERVICE
BUSINESS
Pursuant
to the Law on Road Traffic dated November 13, 2008;
Pursuant
to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government of Vietnam
on functions, tasks, entitlements, and organizational structure of the Ministry
of Transport of Vietnam;
Pursuant
to Decree No. 139/2018/ND-CP dated October 8, 2018 of the Government of Vietnam
on motor vehicle inspection service business;
Pursuant
to Decree No. 30/2023/ND-CP dated June 8, 2023 of the Government of Vietnam on
amendments to Decree No. 139/2018/ND-CP dated October 8, 2018 of the Government
of Vietnam on motor vehicle inspection service business;
At
the request of the Director of the Department of Science, Technology, and
Environment and the Director of the Vietnam Register;
The
Minister of Transport of Vietnam hereby promulgates a Circular on guidelines on
the implementation of Decree No. 139/2018/ND-CP dated October 8, 2018 of the
Government of Vietnam on motor vehicle inspection service business and Decree
No. 30/2023/ND-CP dated June 8, 2023 of the Government of Vietnam on amendments
to Decree No. 139/2018/ND-CP dated October 8, 2018 of the Government of Vietnam
on motor vehicle inspection service business.
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GENERAL
PROVISIONS
Article 1. Scope
This Circular
provides guidelines on the implementation of Decree No. 139/2018/ND-CP dated
October 8, 2018 of the Government of Vietnam and Decree No. 30/2023/ND-CP dated
June 8, 2023 of the Government of Vietnam.
Article 2. Regulated entities
1.
This Circular applies to organizations and individuals involved in motor
vehicle inspection service management and provision.
2.
This Circular does not apply to organizations and individuals that only inspect
motor vehicles used for national defense and security purposes.
Chapter II
INSPECTION,
ASSESSMENT, AND ISSUANCE OF CERTIFICATES OF ELIGIBILITY FOR MOTOR VEHICLE
INSPECTION
Article 3. Applications for certificates of eligibility for
motor vehicle inspection
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Article 4. Inspection, assessment, and issuance of
certificates of eligibility for motor vehicle inspection
1.
Inspection, assessment, and issuance of certificates of eligibility for motor
vehicle inspection include:
a)
Inspection and assessment of the physical facilities of the inspection unit:
assurance of conformity with National Technical Regulations on motor vehicle
inspection units, recorded in writing following the form specified in Appendix
IV enclosed herewith;
b)
Inspection and assessment of inspection equipment and tools: review of the
operational conditions of inspection equipment and tools; inspection and
calibration of equipment according to Article 18, Article 19 of the Law on
Measurement 2011, recorded in writing following the forms specified in
Appendixes Va, Vb, Vc, Vd, Vdd, Ve, Vg, and Vh enclosed herewith;
c)
Inspection and assessment of the organizational structure and personnel:
documents showing the organizational structure of the inspection unit
prescribed in Clause 1 Article 7 of Decree No. 139/2018/ND-CP (amended by
Clause 6 Article 1 of Decree No. 30/2023/ND-CP) include: organizational
diagrams, establishment decisions of departments issued by and within the
jurisdiction of the head of the inspection unit, head of the organization
establishing the inspection unit, or regulatory authority of the inspection unit.
Comparison of the information of the head of the unit, person in charge of the
inspection department, inspectors, and personnel specified in the list of
personnel of the inspection unit specified in Appendix II enclosed herewith
with the documentation stored at the inspection unit. Inspection and assessment
results shall be written in Section 1 of inspection and assessment minutes
following the form specified in Appendix VI enclosed herewith;
d)
Inspection of the formulation and issuance of internal procedures of the
inspection unit according to Clause 4 Article 17 of this Circular. Inspection
and assessment results shall be written in Section 2 of the inspection and
assessment minutes following the form specified in Appendix VI enclosed
herewith;
dd) Inspection
and assessment of the activities of inspection lines: inspection and assessment
(using equipment appropriate to each type of thematic inspection lines) of
activities of inspection lines; use of software for motor vehicle inspection;
connection of data between inspection management software and inspection
equipment control software; activities of the inspection supervision system.
Inspection and assessment results shall be written in Section 2 of the
inspection and assessment minutes following the form specified in Appendix VI
enclosed herewith;
e)
Inspection of the establishment of monitoring and management logbooks according
to regulations on technical and environmental safety inspection of road motor
vehicles; monitoring and management of types of inspection forms of the Vietnam
Register issued to the inspection unit. Inspection and assessment results shall
be written in Section 1 of the inspection and assessment minutes following the
form specified in Appendix VIII enclosed herewith.
2.
Inspection and assessment results shall be recorded following the form
specified in Appendix I enclosed with Decree No. 139/2018/ND-CP (amended by
Decree No. 30/2023/ND-CP) based on the summary of results from inspection and
assessment minutes formulated by the members of the delegation.
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Annually,
Departments of Construction shall formulate plans to inspect and assess the
maintenance of the conditions of physical facilities, organizational structure,
personnel, and inspection operations of inspection units in their areas to
ensure such units comply with regulations on motor vehicle inspection service
business. Inspection and assessment include:
1.
Inspection and assessment of technical facilities of the inspection unit:
assurance of conformity with National Technical Regulations on motor vehicle
inspection units and comparison with the latest assessment to consider any
changes, recorded in writing following the form specified in Appendix IV
enclosed herewith.
2.
Inspection and assessment of inspection equipment and tools: review of the
operational conditions of inspection equipment and tools; inspection and
calibration of equipment according to Article 18, Article 19 of the Law on
Measurement 2011, recorded in writing following the forms specified in
Appendixes Va, Vb, Vc, Vd, Vdd, Ve, Vg, and Vh enclosed herewith.
3.
Inspection of the organizational structure, personnel, and implementation of
the inspection procedure
a)
Inspection of the organizational structure and personnel: maintenance of the
organizational structure of the inspection unit according to Point c Clause 1
Article 4 of this Circular; assignment and implementation of tasks of
inspectors with implementation contents written on inspector’s certificates.
Inspection and assessment results shall be written in Section 1 of the
inspection and assessment minutes following the form specified in Appendix VI
enclosed herewith;
b)
Inspection and assessment of the implementation of the inspection procedure:
assessment of compliance with relevant regulations in the implementation of the
motor vehicle inspection procedure of the inspection unit through the
inspection of records (vehicle records, inspection records, and renovated
vehicle testing records), data (electronic data, image data), monitoring and
management logbooks, and regulations on data transmission reports. Inspection
and assessment results shall be written in Section 2 of the inspection and
assessment minutes following the form specified in Appendix VI enclosed
herewith.
4.
Inspection and assessment of inspection records and data: inspection of records
made under the method of probability of at least 3 months. Each month, at least
10 records shall be inspected, ensuring the adequacy of records of vehicles
inspected by the unit, archived electronic data, and archived image data from
surveillance cameras. Inspection and assessment results shall be written in the
minutes following the form specified in Appendix VII enclosed herewith.
5.
Inspection and assessment of monitoring logbooks, regulations on reports, and
management and use of inspection forms, and compliance with regulations on
collection of prices and fees as per regulation: inspection of the management
and establishment of logbooks and recording of logbooks; management and use of
inspection forms prescribed in Point e Clause 1 Article 4 of this Circular;
regulations on reports, data transmission; compliance with regulations on the
listing of schedules for prices and fees using the method of probability of at
least 3 months, with at least 10 records to be inspected monthly, ensuring the
adequacy of records of fees for types of vehicles inspected by the unit.
Inspection and assessment results shall be written in the minutes following the
form specified in Appendix VIII enclosed herewith.
6.
Re-inspection and re-assessment of inspection results
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b) In
case there are no vehicles at the inspection unit, if there are suspicions that
the conditions of vehicles at the time of inspection are different from the
information specified in inspection records but are still granted inspection
certificates or stamps, cooperation with a competent authority in searching for
the suspected vehicles for re-inspection and re-assessment shall be carried
out, and the results shall be compared with the previous results of the
inspection unit. Re-inspection and reassessment shall be carried out at the
place where the suspected vehicles are parking or another inspection unit, or
they shall be brought back to the initial inspection unit for re-inspection and
re-assessment.
Results
of the re-inspection and re-assessment of the results prescribed in Point a and
Point b of this Clause shall be recorded in the re-inspection and re-assessment
minutes following the form specified in Appendix XI enclosed herewith.
7.
Inspection of compliance with regulations on collection and payment of prices
and fees at the inspection unit. Inspection and assessment results shall be
recorded in the minutes following the form specified in Appendix VIII enclosed
herewith.
8.
Inspection and assessment results shall be recorded following the form
specified in Appendix I enclosed with Decree No. 139/2018/ND-CP (amended by
Decree No. 30/2023/ND-CP) based on the summary of results from inspection and
assessment minutes formulated by the members of the delegation.
Article 6. Irregular inspection of motor vehicle inspection
1.
The Vietnam Register and Departments of Transport (hereinafter referred to as
"Inspection Authorities") shall, based on their functions and tasks,
carry out irregular inspections of certain inspection units in the following
cases:
a)
There are feedback or complaints about violating facilities in the inspection
operation;
b) There
are written requests from competent authorities;
c)
There are abnormal signs in the inspection operation (through the surveillance
system or analysis of inspection database).
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Article 7. Archive of inspection and assessment records
1.
Inspection and assessment records (including additional assessment) of the
issuance of certificates of eligibility for motor vehicle inspection shall be
archived at the inspection unit permanently, and the Inspection Authorities
shall use such records to inspect and assess the maintenance of conditions for
motor vehicle inspection.
2.
Inspection and assessment records of the maintenance and irregular inspection
of conditions for motor vehicle inspection shall be archived at the inspection
unit and the Inspection Authorities for 5 years.
Chapter III
PROFESSIONAL
TRAINING FOR INSPECTORS AND PERSONNEL AND ASSESSMENT OF INSPECTORS' OPERATIONS
SECTION 1: PROFESSIONAL TRAINING FOR INSPECTORS AND
PERSONNEL
Article 8. Participation requirements for professional
training for inspectors and personnel
1.
Persons participating in the professional training for motor vehicle inspectors
(hereinafter referred to as “learners”) shall satisfy Point a Clause 1 Article
14 of Decree No. 139/2018/ND-CP (amended by Point a Clause 13 Article 1 of
Decree No. 30/2023/ND-CP) and Point d Clause 1 Article 14 of Decree No.
139/2018/ND-CP.
2.
Inspectors participating in the training shall update and supplement their motor
vehicle inspection operations upon changes to relevant standards, regulations,
laws, and motor vehicle inspection.
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Article 9. Theoretical training in motor vehicle inspection
operations
1.
Learners shall receive theoretical training in motor vehicle inspector’s
operations, including:
a)
History of the establishment, formulation, and development of the motor vehicle
inspection system; occupational ethics; communication skills; measurement laws;
regulations on responsibilities, tasks, and entitlements of organizations and
individuals involved in inspection activities; provision of public services
concerning vehicle registration; regulations on violations and violation
handling concerning vehicle inspection;
b)
Legislative documents, standards, regulations, procedures, and professional
guidelines concerning vehicle inspection; regulations on motor vehicle
renovation;
c)
Motor vehicle inspection methods according to regulations on technical and
environmental safety inspection of road traffic motor vehicles;
d)
Use of the system of applications and software concerning motor vehicle inspection;
dd)
Structure, operational principles, and technical maintenance of inspection
equipment.
2.
After the end of the training, the Vietnam Register shall inspect and assess
the results of the theoretical training in motor vehicle inspector's operations
and disclose information on qualified learners on its web portal. Learners who
fail the training may retake the exam once within 15 working days from the date
of result notification.
Article 10. Motor vehicle inspection internship at
inspection units
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2.
During the internship period, learners shall practice:
a)
The use of the system of applications and software at inspection units,
including vehicle data lookup; inspection management software; motor vehicle
warning software; inspection and assessment programs, and equipment control
programs;
b)
Stages of inspection and assessment of vehicles on inspection lines according
to regulations on technical and environmental safety inspection of road traffic
motor vehicles.
3.
Heads of inspection units shall assign motor vehicle inspectors with at least
36 months of experience to guide the internship and take responsibility for the
internship content of learners under management. Learners must satisfy the
following requirements for a qualified internship:
a)
Regarding a 12-month internship: at least 400 vehicles per stage of different
types of vehicles (multiple stages may be practiced on one vehicle);
specifically, at least 100 trucks and 100 passenger vehicles shall be practiced
on in each stage. Vehicle record formulation shall be performed for at least
400 vehicles;
b)
Regarding a 6-month internship: at least 200 vehicles per stage of different
types of vehicles (multiple stages may be practiced on one vehicle);
specifically, at least 50 trucks and 50 passenger vehicles shall be practiced
on in each stage. Vehicle record formulation shall be performed for at least
200 vehicles;
c)
Regarding a 3-month internship: at least 100 vehicles per stage of different
types of vehicles (multiple stages may be practiced on one vehicle); specifically,
at least 25 trucks and 25 passenger vehicles shall be practiced on in each
stage. Vehicle record formulation shall be performed for at least 100 vehicles;
4.
Stages of vehicle inspection on inspection lines include:
a)
Stage 1: Recognition inspection and general inspection;
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c)
Stage 3: Inspection of the efficiency of brakes and sideslip angle;
d)
Stage 4: Environmental inspection;
dd) Stage
5: Inspection of the lower parts of vehicles.
5.
Learners shall formulate reports on the motor vehicle inspector internship
following the form specified in Appendix Ia enclosed herewith. Inspectors
guiding the internship shall, based on the internship reports, prepare
documents confirming the motor vehicle inspector internship following the form
specified in Appendix Ib enclosed herewith.
Article 11. Personnel training
The
Vietnam Register shall organize the training, inspection, and assessment of personnel
according to the following contents:
1.
Theoretical training
a)
History of the establishment, formulation, and development of the motor vehicle
inspection system; occupational ethics; communication skills; regulations on
responsibilities, tasks, and entitlements of organizations and individuals
involved in inspection activities; provision of public services concerning
vehicle registration; regulations on violations and violation handling
concerning vehicle inspection;
b)
Professional regulations and guidelines; requirements for inspection records
and vehicle records; inspection order; vehicle classification; prices, fees,
and inspection fees; management of records and reports and data transmission at
the request of competent authorities.
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3.
After the end of the training, the Vietnam Register shall inspect and assess
the results and disclose information on qualified individuals on its web
portal. Those who fail the training may retake the exam once within 15 working
days from the date of result notification.
SECTION 2: ASSESSMENT OF MOTOR VEHICLE INSPECTOR’S
OPERATIONS
Article 12. Assessment of motor vehicle inspector’s
operations
1. The
application for assessment and issuance of motor vehicle inspector certificates
is prescribed in Clause 1 Article 15 of Decree No. 139/2018/ND-CP (amended by
Decree no. 30/2023/ND-CP), which includes the confirmation document of the
warranty or maintenance facility (if any) following the form specified in
Appendix Ic enclosed herewith. The Vietnam Register shall organize the
theoretical and practical assessment of 5 stages of inspection on inspection
lines:
2.
The Vietnam Register shall organize the inspection and assessment for
first-time issuance of motor vehicle inspector certificates or re-issuance of
expired motor vehicle inspector certificates, including the theory and practice
of 5 stages of inspection on inspection lines. Inspection and assessment
results shall be recorded in writing following the form specified in Appendix
IV enclosed with Decree No. 139/2018/ND-CP. Inspection and assessment shall be
carried out as follows:
a)
Learners who have qualified theoretical assessment results and have qualified
practical assessment results of at least 3 stages shall be eligible for the
issuance of motor vehicle inspector certificates. Organizations or individuals
may request reassessment and supplement unqualified stages (not specified on
motor vehicle inspector certificates) after 1 month from the nearest date of
assessment;
b)
Learners who have qualified theoretical assessment results but the practical
assessment results only achieve 2 out of 5 stages or theoretical assessment
results with at least 1 failed content shall be ineligible for the issuance of
motor vehicle inspector certificates. Organizations or individuals may request
reassessment (theory and practice of 5 stages of inspection on inspection
lines) after 1 month from the nearest date of assessment.
3.
Motor vehicle inspectors may only carry out inspection stages specified on
their motor vehicle inspector certificates.
Article 13. Training in and assessment of superior motor
vehicle inspector's operations
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2.
The Vietnam Register shall organize the assessment of superior motor vehicle
inspectors. Before the assessment of superior motor vehicle inspector's
operations, motor vehicle inspectors shall be trained in:
a)
Legal and technical documents: update on regulations, professional guidelines,
and technical standards and regulations concerning motor vehicle inspection and
inspection of certification of types of motor vehicles;
b)
Technical operations: structure analysis; diagnosis of technical status and
damage to details, systems, and fittings of motor vehicles, reasons thereof and
remedial measures; update on new technology equipped on motor vehicles; update
and additions to inspection contents and measures for new inspection equipment;
skills in managing and organizing motor vehicle inspection at inspection units;
c)
Thematic topics: recommendations from the International Motor Vehicle
Inspection Committee (CITA) about motor vehicle inspection and quality
management according to ISO 9001 Standard; traffic safety and assessment of
road traffic accidents.
3.
Inspection and assessment for issuance of superior motor vehicle inspector
certificates
a)
Motor vehicle inspectors who have qualified theoretical assessment results and
have qualified practical assessment results of 6 contents (prescribed in
Appendix IV enclosed with Decree No. 139/2018/ND-CP) shall be eligible for the
issuance of superior motor vehicle inspector certificates;
b) In
case of failure to satisfy Point a Clause 3 of this Article, organizations and
individuals may request reassessment after 1 month from the date of receipt of
the failed assessment result;
a) In
case of having qualified theoretical assessment results and having qualified
practical assessment results of at least 3 stages, motor vehicle inspector
certificates shall be issued. If inspectors wish for reassessment for issuance
of superior motor vehicle inspector certificates, they may request reassessment
after 1 month from the date of receipt of the failed assessment result; only
failed contents shall be reassessed.
4.
Assessment for re-issuance of expired superior motor vehicle inspector
certificates shall comply with Clause 3 of this Article.
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Assessors
of motor vehicle inspector’s operations shall be superior motor vehicle
inspectors considered and decided by the Vietnam Register.
Chapter IV
IMPLEMENTATION
Article 15. The Vietnam Register shall:
1.
Carry out the responsibilities prescribed in Clause 4 Article 27 of Decree No.
139/2018/ND-CP (amended by Decree No. 30/2023/ND-CP).
2.
Formulate plans and programs guiding the management and motor vehicle
inspection for Departments of Transport; provide training for inspectors and
personnel.
3.
Provide accounts for Departments of Transport to:
a)
Look up information on circulating motor vehicles for the management of the
transport business and control patrol of competent authorities;
b)
Access the motor vehicle inspection management system of the Vietnam Register
to utilize and use vehicle inspection data of inspection units in their areas
for management and operations.
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Article 16. Departments of Transport shall:
1.
Fulfill the responsibilities prescribed in Clause 22 Article 1 of Decree No.
30/2023/ND-CP.
2.
Carry out inspections and assessments as prescribed in Articles 4, 5, and 6 of this
Circular; inspection and assessment tools (gauges) of inspection units may be
used for the inspections and assessments.
3.
Update implementation results according to Articles 4, 5, and 6 of this
Circular in the form of electronic copies and send them to the Vietnam Register
within 10 days from the end date of their operations.
4.
Provide records prescribed in Article 7 of this Circular for the Vietnam
Register when requested.
Article 17. Inspection units shall:
1.
Carry out the responsibilities prescribed in Clause 5 Article 27 of Decree No.
139/2018/ND-CP (amended by Decree No. 30/2023/ND-CP).
2.
Ensure independence, objectivity, and transparency; avoid any influence that
may affect the inspection results.
3. Designate
persons to participate in training and advanced training in the operations of
motor vehicle inspectors and personnel.
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5.
Fulfill financial obligations concerning motor vehicle inspection as prescribed
by laws.
6.
Quarterly, submit reports on the use of inspection forms according to the
regulations on technical and environmental safety inspection of road motor
vehicles to local Departments of Transport.
7.
Provide accounts for access to surveillance cameras for the Vietnam Register
and Departments of Transport to inspect motor vehicle inspection.
8.
Uniformly use the system of motor vehicle inspection management software
assigned by the Vietnam Register and inspection equipment control software
disclosed by the Vietnam Register.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 18. Entry into force
1.
This Circular comes into force as of February 15, 2024.
2.
This Circular abrogates Circular No. 18/2019/TT-BGTVT dated May 20, 2019 of the
Minister of Transport of Vietnam and Article 2 of Circular No. 01/2022/TT-BGTVT
dated January 12, 2022 of the Minister of Transport of Vietnam.
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Article 19. Implementation
Chief
of the Ministry Office, Chief Inspector of the Ministry, Directors of the
Vietnam Register, Directors of Departments of Transport, Directors of
Departments of Transport - Construction of provinces and centrally affiliated
cities, and Directors of relevant agencies, organizations, and individuals
shall implement this Circular./.
PP. MINISTER
DEPUTY MINISTER
Le Dinh Tho