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MINISTRY OF TRANSPORT OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 16/2022/TT_BGTVT
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Hanoi, June 30, 2022
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CIRCULAR
AMENDMENTS TO SOME ARTICLES OF CIRCULARS ON INSPECTION AND
REGISTRATION
Pursuant to the Law on
Road Traffic dated November 13, 2008;
Pursuant to Vietnam
Maritime Code dated November 25, 2015;
Pursuant to the Law on
inland waterway transport dated June 15, 2004;
Pursuant to the Law on
amendments to some articles of Law on inland waterway transport dated June 17,
2014;
Pursuant to the Law on
Product and Goods Quality dated November 21, 2007;
Pursuant to the
Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 on functions,
tasks, powers and organizational structure of the Ministry of Transport;
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The Minister of
Transport promulgates a Circular on amendments to some articles of Circulars on
inspection and registration
Article 1. Amendments
to some articles of Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of the
Minister of Transport on the environment protection and technical safety
quality inspection in motor vehicle production and assembly (hereinafter
referred to as “Circular No. 30/2011/TT-BGTVT”) and Circular No. 54/2014/TT-BGTVT
dated October 20, 2014 of the Minister of Transport on amendments to some
articles of the Circular No. 30/2011/TT-BGTVT dated April 15, 2011 by the
Minister of Transport stipulating the inspection of technical safety, quality
and environmental protection in manufacturing and assembling motor vehicles
(hereinafter referred to as “Circular No. 54/2014/TT-BGTVT”)
1. Clause 1 Article 4 shall be amended as follows:
“a) An explanation of
motor vehicle technical design (original copy if submitted in person, by post
or electronic file if submitted via online public service system) as prescribed
in section A of Annex II promulgated together with this Circular;
b) A technical drawing
(original copy if submitted in person, by post or electronic file if submitted
via online public service system) as prescribed in section B of Annex II
promulgated together with this Circular;
c) A sheet of
specification and technical features of the parts, import system relating to
the design and calculation contents (copy verified by the designing facility if
submitted in person, by post or electronic copy if submitted via online public
service system).
2. Clause 4 Article 5 shall be amended as follows:
“4. Designing facilities
that receive the results of design appraisal
a) Receipt at the
headquarter of the Quality Control Agency in person or by post: 01 certificate
of design appraisal; explanation of technical design and technical drawing (01
copy – a designing facility that is a producing facility or 02 copies - a
designing facility that is not a producing facility) of the design dossier.
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3. The first bullet point at point a, clause 6 of Article 5
shall be amended as follows:
Designing facilities,
producing facilities (qualified for designing the products themselves -
hereinafter referred to as “designing facilities”) shall make 01 dossier on requesting
design appraisal as prescribed and send to the Vietnam Register in person, by
post or online public service system.
4. Points b, c and d Clause 6 Article 5 shall be amended as
follows:
a) Point b Clause 6
Article 5 shall be amended as follows:
“b) Method of
implementation: The designing facilities shall submit the application dossiers
on design appraisal and receive the results at the Vietnam Register in person,
by post or online public service system.
b) Point c Clause 6
Article 5 shall be amended as follows: “Application dossier on design
appraisal:”
- 01 written request for
design appraisal (original copy or electronic form);
- Submission via online
public service system: 01 design dossier as prescribed in clause 1 Article 4 of
this Circular. Submission in person, by post: 01 design dossier according to
regulations of Clause 1 Article 4 of this Circular and 01 set of documents
according to regulations of Points a and b, Clause 1 Article 4 of this Circular
(or 02 sets of documents in case of the designing facility that is not the
producing facility)."
c) Point d Clause 6
Article 5 shall be amended as follows:
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5. Article 7 of Circular No. 30/2011/TT-BGTVT (amended in
Clause 4, Article 1 of Circular No. 54/2014/TT-BGTVT) shall be amended as
follows:
“Article 7.
Dossier on product inspection
1. A dossier of component
inspection (belonging to the objects required to be tested prescribed in Annex
IV promulgated together with this Circular) includes:
a) A report on the
component inspection results (copy verified by the designing facility if submitted
in person, by post or electronic copy if submitted via online public service
system).
b) A technical drawing
attached with the product specification (copy if submitted in person, by post
or electronic file if submitted via online public service system); a
registration of technical specifications according to respective national
standards, technical regulations (copy if submitted in person, by post or
electronic form if submitted via online public service system);
c) A product photograph
verified by the designing facility (if submitted in person or by post) or
electronic photograph of product (if submitted via online public service
system); an explanation sheet of symbols and numbers written on the product (if
any) (original copy if submitted in person, by post or electronic file if
submitted via online public service system);
Materials defined in
Points a, b, d are exempt from submission in respect of the imported components
that are accompanied by Type-Approval Certificate issued by a foreign competent
agency, and a test report showing conformance of imported component type to
equivalent or higher version of UNECE (United Nations Economic Commission for
Europe) regulations, compared to national technical regulations, and the
capability of an manufacturer to meet applicable Conformity of Production (COP)
requirements according to the regulations of ECE, EC, which is conducted by a
foreign competent agency or any independent appraising organization certified
by a foreign competent agency.
2. The dossier on motor
vehicle inspection includes:
a) A report on the test
result of technical safety quality and environment protection under the
technical regulations and standards, current provisions of the Ministry of
Transport on motor vehicles (copy verified by the designing facility if
submitted in person, by post or electronic copy if submitted via online public
service system).
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c) A design photograph
verified by the designing facility (submitted in person, by post) or electronic
photograph of design (submitted via online public service system); a
registration sheet of technical specification under the form prescribed in
Annex V promulgated together with this Circular (original copy if submitted in
person, by post) or the registration sheet of technical specification
(electronic form- submitted via online public service system);
d) A statistics sheet of
parts, domestic and imported production systems used for producing and
assembling under the form prescribed in Annex VI promulgated together with this
Circular; (original copy if submitted in person, by post) or a statistics sheet
of parts, domestic and imported production systems used for producing and
assembling (electronic form if submitted via online public service system)
dd) An explanation sheet
of the methods and positions where the engine and chassis ID numbers are carved
in case of a vehicle produced and assembled from parts, systems and separate
components (original copy if submitted in person, by post or electronic file if
submitted via online public service system);
3. The dossier on product
inspection must be archived at quality control agencies and producing
facilities in at least 02 years from the time on which the producing facility
notifies the quality control agencies of discontinuation of the production,
assembly of the type of products that has been issued with the certificate.
6. The first bullet point at point a, clause 2 of Article 9
shall be amended as follows:
“- The producing
facilities shall make product inspection dossiers as prescribed in Clause 1 or
Clause 2 Article 7 of this Circular and submit to the quality control agencies
in person, by post, online public service system or other manners.
7. Point b Clause 2 Article 9 shall be amended as follows:
“b) Method of
implementation: the producing facilities shall submit the inspection dossiers
and receive the results at the Vietnam Register in person, by post, online
public service system or other manners;
8. Point d Clause 2 Article 9 shall be amended as follows:
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Article 2. Amendments
to some articles of Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the
Minister of Transport on the inspection of quality on technical safety and
environmental protection for imported motor vehicles (hereinafter referred to
as “Circular No. 31/2011/TT-BGTVT”); Circular No. 55/2014/TT-BGTVT dated
October 20, 2014 of the Minister of Transport on amendments to some articles of
the Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the Minister of
Transport on the inspection of quality on technical safety and environmental
protection for imported motor vehicles (hereinafter referred to as “Circular
No. 55/2014/TT-BGTVT”) and Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of
the Minister of Transport on amendments to some articles of Circulars on
registration (hereinafter referred to as “Circular No. 42/2018/TT-BGTVT”)
1. Clause 8 shall be added to Article 6 of Circular No.
31/2011/TT-BGTVT (amended in Clause 2, Article 1 of Circular No.
55/2014/TT-BGTVT) as follows:
“8. The components
of documents specified in Clauses 1, 2 and 3 of this Article shall be used in
form of electronic documents instead of the paper documents when the procedure
is carried out on the online public service system.
2. Points a, b Clause 1 Article 10 of Circular No.
31/2011/TT-BGTVT (amended in Clause 2 Article 4 of Circular No.
42/2018/TT-BGTVT) shall be amended as follows:
a) Point a Clause 1
Article 10 shall be amended as follows:
“a) The importer
shall make 01 set of registration dossier for inspection in accordance with
provisions of Article 6 of this Circular and submit to the inspection agency in
person, by post or online public service system.
b) Point b Clause 1
Article 10 shall be amended as follows:
“b) The inspection
agency shall receive, inspect contents of registration dossier for inspection
and notify the importers of the results within 01 working day. If the dossier
of registration for inspection has completed in accordance with provisions, the
inspection agency will certify in the written registration for inspection. If
the dossier of registration for inspection has not completed in accordance with
provisions, the inspection agency shall return and guide the importers to
supplement, complete it;
The inspection agency
shall agree with the importers for the time and place of the inspection. The
inspection time must not exceed 03 working days compared with the date of
request for inspection of the importers.”
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“4. The importers
shall receive the results at the headquarter of inspection agency in person, by
post or online public service system.
Article 3. Amendments
to some articles of Circular No. 33/2011/TT-BGTVT dated April 19, 2011 of the
Minister of Transport on procedures of granting certificates of technical
safety, quality and environmental protection for means, survey equipment,
operation and transportation of gas and oil on sea (hereinafter referred to as
Circular No. 33/2011/TT-BGTVT)
1. Clause 2 Article 5 shall be amended as follows:
“2. Method of
implementation:
a) The design
establishments shall apply dossier at the Register Agency in person, by post,
online public service system or other manners.
b) The design
establishments shall receive the results at the design appraisal Register
Agency in person, by post, online public service system or other manners.
2. Clause 3 Article 5 shall be amended as follows:
“3. Regulations on
design dossier. A dossier includes:
a) Submission in person,
by post or other manners: 01 copy of written request for design appraisal
according to form in Annex III attached herewith; 03 copies of design documents
of offshore units;
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c) Volume, design
document content of offshore units specified in detail in the regulations,
standards, technical regulations and the relevant international conventions
applicable to each type of offshore unit are set forth in Annex I attached
herewith and must be presented in accordance with the current regulations.
Article 4. Amendments
to some articles of Circular No. 45/2012/TT-BGTVT dated October 25, 2012 of the
Minister of Transport on the inspection of the technical quality, safety, and
environment protection in the p and assembly of motorbikes (hereinafter
referred to as Circular No. 45/2012/TT-BGTVT)
1. Article 5 shall be
amended as follows:
“Article 5. The
dossier of application for the type approval
A dossier of application
for the type approval (hereinafter referred to as the dossier of application
for approval) includes:
1. An application for
approval of the components (except for imported CBU engines), comprising:
a) A registration sheet
of specifications, enclosed with the technical drawing, demonstrating the
sizes, materials, and pictures of the products (original copy if submitted in
person, by post or electronic form if submitted via online public service
system); an explanation for the symbols and numbers affixed to the products (if
any); (original copy if submitted in person, by post or electronic file if
submitted via online public service system);
b) A test result report
of the testing agency (copy verified by the facility if submitted in person, by
post or electronic copy if submitted via online public service system).
c) A list of primary
components used for assembling engines (if the products are engines) using the
form in Annex II enclosed with this Circular (original copy if submitted in
person or by post); the list of primary components used for assembling engines
(electronic form if submitted via online public service system);
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2. The dossier of
application for approval of motorbikes includes:
a) A registration sheet
of specifications according to the form in Annex III enclosed with this
Circular (original copy if submitted in person or by post); the registration
sheet of specifications (electronic form if submitted via online public service
system);
b) A motorbike test
result report of the testing agency (copy verified by the facility if submitted
in person, by post or electronic copy if submitted via online public service
system).
c) A method description
and location of the chassis number according to the form in Annex IV enclosed
with this Circular (original copy if submitted in person, by post or electronic
file if submitted via online public service system);
d) A list of primary
components used for assembling motorbikes according to the form in Annex V
enclosed with this Circular (original copy if submitted in person or by post);
a list of primary components used for assembling motorbikes (electronic form if
submitted via online public service system);
dd) A written commitment
of the producer that the type of products applying for the approval does not
violate a protected industrial property right, and the enterprise is
responsible for any violation as prescribed by law (original copy if submitted
in person, by post or electronic file if submitted via online public service
system).
2. Clause 1 Article 7 shall be amended as follows:
“1. The producer shall
make and submit 01 dossier of application for type approval as prescribed
Clause 1 or Clause 2 of Article 5 of this Circular to the quality control
agency in person, by post, online public service system or other manners;
3. Clause 4 Article 7 shall be amended as follows:
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4. Appendix I of Circular No. 45/2012/TT-BGTVT shall be
replaced by Appendix I issued together with this Circular.
Article 5. Amendments
to some articles of Circular No. 41/2013/TT-BGTVT dated November 05, 2013 of
the Minister of Transport on technical safety and quality inspection of
electric bicycles (hereinafter referred to as Circular No. 41/2013/TT-BGTVT)
and Circular No. 42/2018/TT-BGTVT
1. Clause 1 Article 5
shall be amended as follows:
“1. An application
for technical safety and quality inspection of manufactured/assembled electric
bicycle includes:
a) A statement of
technical specifications which is made using the form in Appendix I enclosed
herewith (original copy if submitted in person or by post); a statement of
technical specifications (electronic form if submitted via online public
service system);
b) A testing record given
by the testing facility (copy verified by the manufacturer if submitted in
person, by post or electronic copy if submitted via online public service
system).
c) A bicycle owner’s
manual which contains the main technical specifications, instructions for parts
of the electric bicycle, safety and environmental protection instructions;
Warranty information sheet (in which warranty conditions and addresses of
warranty service providers must be specified); or electronic documents as
mentioned (submission via online public service system);
d) A manufacturer's
commitment that the vehicle type does not infringe any protected industrial
property rights and the manufacturer shall take legal responsibility for any
infringement cases (original copy if submitted in person, by post or electronic
file if submitted via online public service system).
dd) A description of
electric bicycle label, including dimensions, contents and location of the
label (original copy if submitted in person, by post or electronic file if
submitted via online public service system); The label of an electric bicycle
shall include the manufacturer's name and address, mark, model code, kerb
weight (i.e. weight of vehicle in running order), number of seating positions,
number of type approval certificate, production year, and origin.
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“a) The
manufacturer shall make and submit 01 dossier of application for type approval
as prescribed Clause 1 of Article 5 of this Circular to the quality control agency
in person, by post online public service system or other manners;
3. Point d Clause 1 Article 8 shall be amended as follows:
“d) The
manufacturer shall receive Certificate at the quality control agency in person,
by post, online public service system or other manners;
4. Points a, b, c Clause 2 Article 8 of Circular No.
41/2013/TT-BGTVT (amended in Clause 3 Article 5 of Circular No.
42/2018/TT-BGTVT) shall be amended as follows:
a) Point a Clause 2
Article 8 shall be amended as follows:
“a) The importer shall
make 01 set of registration dossier for inspection in accordance with
provisions of Clause 2 Article 5 of this Circular and submit to the inspection
agency in person, by post, online public service system.
b) Point b Clause 2
Article 8 shall be amended as follows:
“b) The Quality
Control Agency shall receive, inspect contents of registration dossier for
inspection and notify the importer of the results within 01 working day. If the
dossier of registration for inspection has completed in accordance with
provisions, the Quality Control Agency will certify in the written registration
for inspection. If the dossier of registration for inspection has not completed
in accordance with provisions, the Quality Control Agency shall return and
guide the importers to supplement, complete it;
The inspection agency
shall agree with the importers for the time and place of the inspection. The
inspection time must not exceed 03 working days compared with the date of
request for inspection of the importer.”
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“c) The quality
control authority shall carry out inspection and consider results of testing
for imported electric bicycles according to Article 7 hereof. In case of
unsatisfactory inspection results, within 04 working days from the completion
of the inspection, a notification shall be sent to the importer to implement
remedial measures. Over 30 days from the date of notification, if the importer
fails to implement appropriate remedial measures, the notification of
non-conformity of quality for imported electric bicycles shall be given using
the form in Appendix IIIc enclosed herewith. In case of satisfactory inspection
results, the quality control authority shall issue the Certificate of quality
conformity for imported electric bicycles using the form in Appendix IIIb
enclosed herewith to the importer within 04 working days from the receipt of
satisfactory results.
Article 6. Amendments
to some articles of Circular No. 16/2014/TT-BGTVT dated May 13, 2014 of the
Minister of Transport on conditions on motorized goods four-wheelers and their
operators when joining road traffic (hereinafter referred to as “Circular No.
16/2014/TT-BGTVT”)
1. Article 5 shall be amended as follows:
“1. Certification
registration dossiers for components (except for imported engines in complete
units):
a) A written registration
of technical specifications, enclosed with a technical drawing displaying the
main dimensions and materials and a photo of the product (original copy if
submitted in person, by post or electronic form if submitted via online public
service system); explanations about signs and numbers carved on the product (if
any) (original copy if submitted in person, by post; or electronic file if submitted
via online public service system);
b) A testing facility’s
report on test results (copy verified by the facility if submitted in person,
by post or electronic copy if submitted via online public service system).
c) A list of principal
components used to assemble the engine (in case the product is an engine), made
according to the form provided in Appendix III to this Circular (original copy
if submitted in person or by post); a list of principal components used to
assemble the engine (in case the product is an engine) (electronic form if
submitted via online public service system);
2. Certification
registration dossiers for vehicles:
a) A written registration
of technical specifications, made according to the form provided in Appendix IV
to this Circular (original copy if submitted in person or by post); a written
registration of technical specifications (electronic form if submitted via
online public service system);
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c) A list of principal
components used to assemble the vehicle, made according to the form provided in
Appendix V to this Circular (original copy if submitted in person or by post);
a list of principal components used to assemble the vehicle (electronic form if
submitted via online public service system);
d) The manufacturer's
commitment that the vehicle type does not infringe any protected industrial
property rights and the manufacturer shall take legal responsibility for any
infringement cases (original copy if submitted in person, by post or electronic
file if submitted via online public service system).
2. Clause 1 Article 7 shall be amended as follows:
“1. The producer shall
make and submit 01 set of certification registration dossier as prescribed
Clause 1 or Clause 2 Article 5 of this Circular to the quality control agency
in person, by post, online public service system or other manners;
3. Clause 4 Article 7 shall be amended as follows:
“4. The producer
shall receive Certificate at the Vietnam Register in person, by post, online
public service system or other manners;
Article 7. Amendments
to some articles of Circular No. 85/2014/TT-BGTVT dated December 31, 2014 of
the Minister of Transport on regulations on modification of road motor vehicles
(hereinafter referred to as “Circular No. 85/2014/TT-BGTVT”)
1. Article 5 shall be
amended as follows:
“Article 5.
Design documents for modified motor vehicles
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1. Explanation of
technical design for motor vehicles according to the provisions set out in
Section A of the Appendix I enclosed herewith (original copy if submitted in
person, by post or electronic file if submitted via online public service
system);
2. A technical drawing
according to the provisions set out in Section B of the Appendix I enclosed
herewith (original copy if submitted in person, by post or electronic file if
submitted via online public service system);
2. Clause 4 Article 7 shall be amended as follows:
“4. A design
appraisal dossier includes:
a) A request form for
design appraisal according to the form shown in the Appendix III enclosed
herewith (original copy or electronic form if submitted via online public
service system);
b) Two sets of design
dossiers for modified motor vehicles with components as prescribed in Article 5
hereof submitted at the headquarter of the design appraising agency in person
or by post; or an electrical dossier for modified motor vehicles with
components as prescribed in Article 5 hereof submitted via online public
service system;
c) Document about
parameters, technical specifications of modified motor vehicles and replaced,
modified parts, systems (copy verified by the designing facility or electronic
copy if submitted via online public service system).
d) Certificate of vehicle
registration; ownership transfer note; certificate of technical quality,
safety, and environment protection for imported motor vehicles, or certificate
of fulfillment of import procedures (in case of used motor vehicles imported
without registration plates) (copy verified by the designing facility or
electronic copy if submitted via online public service system).
3. Point d Clause 5 Article 7 shall be amended as follows:
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4. Clause 6 Article 7 shall be amended as follows:
“6. The approved
design dossier and design appraisal certificate (original copy) shall be filed
at the design appraising agency (one set), inspection & acceptance agency
(one set). The approved design dossier (copy verified by the designing
facility) and design appraisal certificate (original copy) shall be filed at
the design appraising agency (one set), construction facility (one set) if the
dossier is submitted and the result is provided in person or by post;”
5. Point b Clause 7 Article 10 shall be amended as follows:
“b) Appraised
design (original copy or electronic copy) in case the appraisal result is
provided via online public service system.” In case of exemption from designing
as prescribed in Clauses 3, 4, 6, Article 6 hereof, a general drawing of
modified motor vehicle established by the modifying facility must be included;
6. Point c Clause 6 Article 11 shall be amended as follows:
“c) If the dossiers
are found adequate as required, the inspection & acceptance agency shall
carry out the task of inspection. If result of inspection is found
satisfactory, within three working days since the inspection is completed,
relevant organizations, individuals shall be issued the certificate of
modification. In case of rejection of issuance of the certificate, after the
inspection is completed, the inspection & acceptance agency shall
immediately issue a written notice to relevant organizations, individuals with
reasons stated;
Article 8. Amendments
to some articles of Circular No. 86/2014/TT-BGTVT dated December 31, 2014 of
the Minister of Transport on regulations on conditions applied to restricted
vehicles and operators thereof (hereinafter referred to as Circular No.
86/2014/TT-BGTVT) and Circular No. 42/2018/TT-BGTVT
1. Article 5 shall be amended as follows:
“Article 5.
Registration for certificate of type approval
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1. Registration for
technical specifications according to form in the Appendix II enclosed herewith
(original copy if submitted in person or by post); registration for technical
specifications (electronic form if submitted via online public service system);
2. A report on results of
inspection and test of passenger vehicles (copy verified by the facility if
submitted in person, by post or electronic copy if submitted via online public
service system).
3. A manufacturer’s
written undertaking that the type of passenger vehicle asking for certification
of type approval shall not violate industrial property rights being protected
and the manufacturer shall be responsible to the law for any dispute in
industrial property rights (original copy if submitted in person, by post or
electronic file if submitted via online public service system).
2. Clause 1 Article 7 shall be amended as follows:
“1. The manufacturer
shall submit one (01) set of registration documents as prescribed Article 5 of
this Circular to the Vietnam Register in person, by post, online public service
system or other manners;
3. Clause 4 Article 7 shall be amended as follows:
“4. The
manufacturer shall receive Certificate at the Vietnam Register in person, by
post, online public service system or other manners;
4. Clause 4 Article 10 shall be amended as follows:
“4. The components
of documents specified in Clauses 1 and 2 of this Article shall be used in form
of electronic documents instead of the paper documents when the procedure is
carried out on the online public service system.
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a) Clause 1 Article 12
shall be amended as follows:
“1. The importer
shall make 01 set of registration dossier for inspection in accordance with
provisions of Clause 1 Article 10 of this Circular and submit to the Vietnam
Register in person, by post or online public service system.
b) Clause 2 Article 12
shall be amended as follows:
“2. The Vietnam
Register shall receive, inspect contents of registration dossier for inspection
and notify the importer of the results within 01 working day. If the dossier of
registration for inspection has completed in accordance with provisions, the
Vietnam Register will certify in the written registration for inspection. If
the dossier of registration for inspection has not completed in accordance with
provisions, the Vietnam Register shall return and guide the importers to
supplement, complete it;
The Vietnam Register
shall agree with the importer about the time and venue for inspection. The
inspection time must not exceed 03 working days compared with the date of the
importer's request for inspection.”
5. Clause 4 Article 12 shall be amended as follows:
“4. The importer
shall receive Certificate at the inspection agency in person, by post, online
public service system or other manners;
Article 9. Amendments
to some articles of Circular No. 48/2015/TT-BGTVT dated September 22, 2015 of
the Minister of Transport on regulations on registration of inland waterway
ships (hereinafter referred to as “Circular No. 48/2015/TT-BGTVT)
1. Article 8 shall be amended as follows:
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1. An application for
appraisal of design documents for building, modification, repair or
documentation of a ship includes:
a) An application form
for appraisal of design documents made according to form in Appendix II
enclosed herewith (original copy or electronic form);
b) Design documents,
including spreadsheet, drawings, explanations and technical documents (if any)
as prescribed in technical regulations and standards for the ship (3 original
copies if submitted in person, by post or other manners or electronic copy that
is valid if submitted via online public service system); If design documents
are prepared by a foreign design unit or the ship owner is a foreigner or the
ship is built in Vietnam for export, explanations and spreadsheet must be
prepared in Vietnamese, or in English and accompanied with their Vietnamese
translations, but drawings may be prepared in either Vietnamese or English;
c) With regard to design
documents for documentation of a ship built abroad without the supervision of
the registration agency: a shipbuilding contract or other documents proving the
lawful ownership of the shipowner who shall take legal responsibility for the
legality of his/her ship (certified true copy or electronic copy that is
valid).
2. An application for
appraisal of representative sample design documents includes:
a) An application form
for appraisal of representative sample design documents for an inland waterway
ship made according to form in Appendix III enclosed herewith; (original copy
or electronic form);
b) Design documents,
including spreadsheet, drawings, explanations as prescribed in technical
regulations and standards for the ship (3 original copies if submitted in
person, by post or other manners or electronic copy that is valid if submitted
via online public service system);
3. a) With regard to
representative sample duplication and appraisal, the application shall include
an application form for approval for use of representative sample of an inland
waterway ship made according to form in Appendix IV enclosed herewith (original
copy or electronic form);
4. An application for
appraisal of design documents of an imported ship includes:
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b) Design documents,
including spreadsheet, drawings, explanations and technical documents (if any)
as prescribed in technical regulations and standards for the ship and any
technical documents issued to the ship by foreign organizations (3 original
copies if submitted in person, by post or other manners or electronic copy that
is valid if submitted via online public service system); Explanations and
spreadsheet included in the design documents must be prepared in Vietnamese, or
in English and accompanied with their Vietnamese translations, but drawings
included therein may be prepared in either Vietnamese or English;
c) Documents determining
the ship’s age (certified true copy or electronic copy that is valid)
d) Customs declaration
for import (if the ship has been imported to Vietnam) (certified true copy or
electronic copy that is valid)
5. An application for
appraisal of design documents for an industrial product includes:
a) If the industrial
product is produced or manufactured domestically, the application includes: an
application form for appraisal of design documents made according to form in
Appendix II enclosed herewith (original copy or electronic form); design
documents, including spreadsheet, drawings, notes and technical documents (if
any) as prescribed in technical regulations and standards for the industrial
product (3 original copies if submitted in person, by post or other methods or
electronic copy that is valid if submitted via online public service system).
b) If the industrial
product is imported, the application includes: an application form for
appraisal of design documents made according to form in Appendix II enclosed
herewith (original copy or electronic form); design documents, including spreadsheet,
drawings, notes and technical documents (if any) issued to the industrial
product by foreign organizations as prescribed in technical regulations and
standards for the industrial product (3 original copies if submitted in person,
by post or other methods or electronic copy that is valid if submitted via
online public service system). Explanations and spreadsheet included in the
design documents must be prepared in Vietnamese, or in English and accompanied
with their Vietnamese translations, but drawings included therein may be
prepared in either Vietnamese or English; and the customs declaration for
import.
6. An application for
appraisal of design documents for conversion of a seagoing vessel into an
inland waterway ship includes:
a) An application form
for appraisal of design documents made according to form in Appendix II
enclosed herewith (original copy or electronic form);
b) Design documents,
including spreadsheet, drawings, notes and technical documents (if any) as
prescribed in technical regulations and standards for the ship (3 original
copies if submitted in person, by post or electronic copy that is valid if
submitted via online public service system);
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a) Application form for
appraisal of guidance documents made according to form in Appendix II enclosed
herewith (original copy or electronic form);
b) Guidance documents (3
original copies if submitted in person, by post or other manners or electronic
copy that is valid if submitted via online public service system);
2. Clause 1 Article 9 shall be amended as follows:
“1. The applicant
shall submit one (01) set of application for appraisal of design, guidance
documents as prescribed Article 8 of this Circular to the Vietnam Register or
its authorized registration agency in person, by post, online public service
system or other manners;
3. Clause 5 Article 9 shall be amended as follows:
“5. The applicant
for appraisal of design documents/guidance documents shall pay fees and charges
as prescribed and receive application processing results either at Vietnam
Register or its authorized registration agency in person, by post, online
public service system or other manners;
Article 10. Amendments
to some articles of Circular No. 40/2016/TT-BGTVT dated December 07, 2016 of
the Minister of Transport on registration of Vietnam sea-going ships
(hereinafter referred to as “Circular No. 40/2016/TT-BGTVT)
1. Clause 2 Article 9
shall be amended as follows:
“2. An application
for appraisal of ship design includes:
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b) Design document (3
original copies if submitted in person, by post or other manners or 01
electronic file if submitted via online public service system);
2. Clause 3 Article 9 shall be amended as follows:
“3. The applicant
shall submit 01 complete application as prescribed Clause 2 of this Article to
the Vietnam Register in person, by post, online public service system or other
manners;
3. Clause 5 Article 9 shall be amended as follows:
“5. Within 18 days
from the date on which the sufficient application is received or within an
agreed period with respect to new or complicated ship design provided not
exceeding 60 (sixty) days, Vietnam Register shall assess the ship design. If
case of unsatisfaction, it shall provide the applicant with a notification, in
case of satisfaction; it shall issue a ship design appraisal certificate and
bear an appraisal seal in the ship design.
4. Point b Clause 2 Article 16 shall be amended as follows:
“2. An application
for ship survey includes:
b) 01 (one) set of
technical documents (copy), including specifications and reports on inspection
or test of containers, machinery, materials, and equipment.
5. Point b Clause 2 Article 18 shall be amended as follows:
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6. Form No. 11 of Appendix issued together with Circular No.
40/2016/TT-BGTVT shall be replaced by Form No. 11 of Appendix II issued
together with this Circular.
Article 11.
Implementation
1. This Circular comes
into force as of August 15, 2022.
2. The Chief of the
Ministry Office, Ministerial Chief Inspector, Directors, Director of Vietnam
Register and Heads of relevant entities shall be responsible for the
implementation of this Circular.
PP. MINISTER
DEPUTY MINISTER
Le Dinh Tho