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MINISTRY OF TRANSPORT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 21/2010/TT-BGTVT
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Hanoi, August 10, 2010
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CIRCULAR
ON GUIDELINES FOR IMPLEMENTATION OF THE GOVERNMENT’S DECREE
NO. 95/2009/ND-CP DATED OCTOBER 30, 2009 ON SERVICE LIFE OF TRUCKS AND BUSES
Pursuant to the Law on
Road Traffic dated November 13, 2008;
Pursuant to the
Government’s Decree No. 51/2008/ND-CP dated April 22, 2008 defining functions,
tasks, entitlements and organizational structure of the Ministry of Transport;
Pursuant to the
Government’s Decree No. 95/2009/ND-CP dated October 30, 2009 on service life of
trucks and buses;
The Minister of
Transport hereby provide guidelines for the implementation of the Government’s
Decree No. 95/2009/ND-CP dated October 30, 2009 on service life of trucks and
buses:
Chapter I
GENERAL PROVISIONS
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This Circular provides
guidelines for service life and determination of service life of trucks and
buses prescribed in the Government’s Decree No. 95/2009/ND-CP dated October 30,
2009 (hereinafter referred to as “the Decree No. 95/2009/ND-CP).
Article 2. Regulated
entities
This Circular applies to
operators of trucks and buses (hereinafter referred to as “motor vehicles”),
except for the army and public security forces’ motor vehicles used for
national defense and security purposes.
Article 3. Definitions
1. “truck” means a motor
vehicle designed mainly for conveying goods, such as a conventional truck,
opened truck, truck with canvas, box body truck, dumper/tipper, truck with
crane, truck with lifting device, insulated truck, refrigeration truck, cooling
truck, pickup truck with single cab, pickup with double cab and van.
2. “special truck” means
a truck designed to carry certain type of cargo, such as a car carrier truck,
carrier for heavy duty machines, tanker, garbage truck, tractor, cement mixer
truck and gas cylinder truck.
3. “bus” means a
motor vehicle which is designed for carrying persons and luggage, and which has
at least 10 seats, including the driving seat, or a special passenger vehicle
(ambulance, hearse, motor vehicle for the transport of disabled persons or
children, mine rescue vehicle).
4. “special motor
vehicle” means a motor vehicle designed for performing a specific work
function, such as a fire engine, road
sweeper lorry, vacuum truck,
concrete-mixer truck, concrete-pumping truck, crane truck, ladder truck, mobile drilling rig, tow truck, armored
car (for transport of valuables), television production truck, mobile signal
strength measuring unit, asphalt paver, vehicles serving bridge inspection or
underground cable inspection, mobile surgery unit.
5. Where necessary,
car classification shall be carried out according to applicable technical
standards.
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SERVICE LIFE OF MOTOR VEHICLES
Article 4. Motor
vehicles subject to regulation on service life
1. The motor vehicles
prescribed in Article 1 of the Decree No. 95/2009/ND-CP: trucks; special
trucks; buses which have at least 10 seats (including the driving seat);
special passenger vehicles.
2. Other motor vehicles
not mentioned in Points a, b and c Clause 1 Article 2 of the Decree No.
95/2009/ND-CP.
Article 5. Motor
vehicles not subject to regulation on service life
The motor vehicles
mentioned in Points b and c Clause 1 Article 2 of the Decree No. 95/2009/ND-CP
are not subject to regulation on service life: buses which have up to 09 seats
(including the driving seat); special motor vehicles; trailers and semi-trailers.
Article 6. Modified
motor vehicles
Service life of a
modified motor vehicle begins from the year in which such vehicle is
manufactured before the modification. To be specific:
1. A bus that exceeds its
service life and is converted to a truck will have a service life that must not
exceed 25 years (according to Clause 1 Article 4 of the Decree No.
95/2009/ND-CP).
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3. A truck that is
converted to a special motor vehicle will have a service life that must not
exceed 25 years (according to Clause 1 Article 4 of the Decree No.
95/2009/ND-CP).
4. A truck and bus with
up to 09 seats (including the driving seat) that are converted to a truck will
have a service life that must not exceed 25 years (according to Clause 1
Article 4 of the Decree No. 95/2009/ND-CP).
5. A truck that was
converted to a bus before January 01, 2002 will have a service life that must
not exceed 17 years (according to Point c Clause 1 Article 4 of the Decree No.
95/2009/ND-CP).
Article 7.
Determination of service life of motor vehicles
1. The service life of motor vehicles specified in Article 4
of the Decree No. 95/2009/ND-CP shall be expressed as years from the year in
which such motor vehicles are manufactured and shall be determined in the
following order of priority:
a) The vehicle’s vehicle
identification number (VIN)
b) The vehicle’s chassis
number;
c) Technical
documentation: catalogue, specifications manual, identification software or
information of the manufacturer;
d) Information on the
manufacturer’s label affixed to the vehicle;
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2. It is considered that
a motor vehicle exceeds its service life if it does not have any of the
documents or bases specified in Clause 1 of this Article.
Chapter III
IMPLEMENTATION ORGANIZATION
Article 8.
Responsibility of Vietnam Register
1. Organize the
dissemination of the Decree No. 95/2009/ND-CP.
2. Provide guidance,
direct and inspect the performance of the following tasks by motor vehicle
registration units nationwide:
a) Determine production
year, make a list of motor vehicles exceeding its service life on an annual
basis;
b) Report the list of
motor vehicles that have exceeded their service life and are about to exceed
their service life to Vietnam Register;
c) Report the list of
motor vehicles exceeding their service life to traffic police divisions and
transport inspecting authorities and publish the list at the units.
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4. Settle complaints and
denunciations in accordance with applicable regulations.
5. Submit an annual
consolidated report on the implementation of the Decree No. 95/2009/ND-CP and
propose necessary solutions to the Ministry of Transport.
Article 9.
Responsibility of Departments of Transport
1. Disseminate the Decree
No. 95/2009/ND-CP and this Circular to operators of motor vehicles within their
areas.
2. Cooperate with Vietnam
Register in directing motor vehicle registration units under their management
to organize the implementation of the Decree No. 95/2009/ND-CP and this
Circular.
Article 10. Effect
1. This Circular comes
into force 45 days after the date on which it is signed. It repeals the
Circular No. 06/2004/TT-BGTVT dated March 31, 2005 of the Ministry of
Transport.
2. The motor vehicles that have been classified before the
effective date of this Circular shall not be reclassified.
Article 11.
Implementation organization
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THE MINISTER
Ho Nghia Dung