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THE
MINISTRY OF TRANSPORT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
22/2009/TT-BGTVT
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Hanoi,
October 06, 2009
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CIRCULAR
SPECIFYING THE PROCEDURES FOR TECHNICAL SAFETY AND
ENVIRONMENTAL PROTECTION INSPECTION OF ROAD MOTOR VEHICLES
THE MINISTRY OF TRANSPORT
Pursuant to the November 13,
2008 Law on Road Traffic;
Pursuant to the Government's Decree No. 51/ 2008/ND-CP of April 22, 2008, defining
the functions, tasks, powers and organizational structure of the Ministry of
Transport;
The Minister of Transport specifies the procedures for technical safety and
environmental protection inspection of road motor vehicles as follows:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of application
1. This Circular provides for
the technical safety and environmental protection inspection of road motor
vehicles (below referred to as motor vehicles).
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a/ Motorcycles, mopeds;
b/ Motor vehicles of army and
police forces which are used for defense and security purposes.
Article 2.
Subjects of application
This Circular applies to
organizations and individuals involved in technical safety and environmental
protection inspection of motor vehicles.
Article 3.
Interpretation of terms
In this Circular, the terms
below are construed as follows:
1. Inspection means the
periodical examination and evaluation of the technical safety and environmental
protection state of a motor vehicle in order to certify its roadworthiness.
2. Inspection cycle means the
month-based interval between two times of inspection.
3. Certificate of technical
safety and environmental protection inspection of motor vehicles (below
referred to as certificate) is a certificate attesting that the motor vehicle
has been tested under regulations and is roadworthy in the territory of the
Socialist Republic of Vietnam and countries with which Vietnam has signed
treaties on mutual recognition of technical safety and environmental protection
inspection of motor vehicles.
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5. Technical safety and
environmental protection inspection book of motor vehicles (below referred to
as inspection book) is motor vehicles" history records which are used for
technical and administrative management and monitoring of the vehicle
operation.
6. Inspection prints are blank
certificates, inspection stamps and inspection books.
7. Inspection paper is an
inspection print already certified and issued by an inspection unit to a motor
vehicle.
8. Inspection slip is the record
of motor vehicle inspection.
Chapter II
INSPECTION OF MOTOR
VEHICLES
Article 4.
Place of inspection
1. The first-time inspection of
a motor vehicle for the issuance of an inspection book shall be carried out in any
of inspection units in the locality where the motor vehicle is registered and
granted a number plate.
2. For subsequent inspections,
the motor vehicle may be brought to any inspection unit for inspection.
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Article 5.
Inspection dossiers
1. A dossier of first-time
inspection for issuance of an inspection book comprises:
a/ The vehicle registration
certificate, issued by a competent state management agency;
b/ The valid certificate of
insurance for civil liability of motor vehicle owner;
c/ The quality certificate or
the notification of exemption from quality inspection (required only for
imported cars);
d/ The certificate of technical
safety and environmental protection of transformed motor vehicles (required
only for transformed motor vehicles);
e/ The certificate of
registration for transport business (applicable only to motor vehicles used for
transport business).
2. A dossier of subsequent
inspection comprises:
a/ The vehicle registration
certificate, issued by a competent state agency;
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c/ The inspection book; and the
inspection certificate and stamp issued for the previous inspection:
c/ The certificate of
registration for transport business (required only for motor vehicles used for
transport business).
Article 6.
Inspection steps
1. Motor vehicles must be
inspected on an inspection line. For oversized, extra-heavy or specially
structured vehicles which cannot be inspected on the inspection line or vehicles
operating on islands, in deep-lying or remote areas where it is impossible to
bring vehicles to inspection units, inspection shall be conducted under
specific guidance of the Vietnam Register.
2. Inspection steps are
specified in the Transport Minister's Circular No. 10/2009/TT-BGTVT of June 24,
2009, on the inspection of technical safety and environmental protection of
road motor vehicles.
Article 7.
Prohibited acts in the inspection of motor vehicles
1. Conducting inspection in
contravention of prescribed contents, processes and regulations.
2. Conducting inspection without
ensuring the precision of inspection equipment or upon failure of the local
area network; conducting inspection outside the inspection line without
permission.
3. Designating persons who fail
to satisfy prescribed criteria to conduct inspection.
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5. Collecting charges or fees in
contravention of regulations; committing acts of harassing customers for bribes
or receiving money or gifts in any forms.
6. Conducting inspection and
issuing inspection certificates to motor vehicles whose operation duration has
expired or despite a written request for non-inspection from a competent state
management agency.
7. Using inspection prints other
than those issued by the Vietnam Register. Counterfeiting dossiers or issuing
inspection papers to improper entities.
Chapter
III
MANAGEMENT, ISSUANCE.
RENEWAL AND REVOCATION OF INSPECTION PAPERS
Article 8.
Inspection books
1. Each motor vehicle will be
issued only one inspection book (made according to the form provided in
Appendix 1 to this Circular, not primed herein)
2. Contents written in an
inspection book must match the motor vehicle to which the book is issued, the
dossier kept at the inspection unit and data stored in the Vietnam Register.
Article 9.
First-time issuance of inspection books
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2. Inspection books will be
issued only to motor vehicles which, after being inspected, are certified as
satisfying the requirements prescribed in Clause 2, Article 6 of this Circular.
Article 10.
Re-issuance of inspection books
1. Re-issuance in case of loss
of inspection books: A re-issuance dossier comprises papers specified at Points
a, b and e. Clause 1, Article 5 of this Circular and the notice of the loss of
the book, with the written certification of a police office.
2. Re-issuance in case
inspection books run out of blank pages: The re-issuance dossier comprises
papers specified in Clause 2, Article 5 of this Circular.
3. Re-issuance in case
inspection books are torn, have some pages lost or are modified: The
re-issuance dossier comprises papers specified in Clause 2, Article 5 of this
Circular and the written explanation of the vehicle owner.
4. An inspection book will be
re-issued by the inspection unit which manages the book after obtaining
inspection results showing that the motor vehicle satisfies the requirements
prescribed in Clause 2, Article 6 of this Circular and its conditions match the
archived original dossier.
Article 11.
Modification and supplementation of inspection books
1. Inspection books will be
modified or supplemented when motor vehicles move to other areas, are
transferred to other owners or transformed, after obtaining inspection results
showing that the motor vehicles satisfy the requirements prescribed in Clause
2, Article 6 of this Circular and their conditions are consistent with the
dossiers specified in Clause 2, Article 11 of this Circular.
2. A dossier of modification or
supplementation of an inspection book comprises:
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b/ The dossier on the motor
vehicle's move to another area, for motor vehicles moving to other areas or the
certificate of technical safety and environmental protection of transformed
motor vehicles, for transformed motor vehicles.
3. An inspection book will be
modified or supplemented by:
a/ The inspection unit managing
the book, for cases of modification or supplementation of contents.
b/ An inspection unit in the
locality where the vehicle moves to.
Article 12.
Issuance of inspection certificates and stamps
1. Motor vehicles which, after
being inspected, are certified as satisfying prescribed criteria will be issued
an inspection certificate and an inspection stamp of roadworthiness (made
according to forms provided in Appendix 2 and Appendix 3 to this Circular, not
printed herein).
The inspection certificate and
stamp issued to a motor vehicle must bear the same serial number and details.
2 The certificate will be stuck
on a page of the inspection book, with a seal appended on both the certificate
and the paper of the inspection book.
3. The inspection stamp will be
stuck in the upper right corner inside the vehicle's front windshield. In case
the motor vehicle has no windshield, the inspection stamp will be stuck at the
back of the motor vehicle's body on the same side with the registration number
plate.
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5. The old inspection
certificate and stamp will expire after a new inspection certificate and stamp
are issued to the motor vehicle.
Article 13.
Revocation of inspection papers
1. Inspection papers will be
revoked in the following cases:
a/ The dossier supplied by the
vehicle owner or driver is detected to be falsified, modified or erased:
b/ The issued certificate is
detected to be incompatible with the inspected motor vehicle;
c/ The vehicle's operation
duration has expired.
2. The revocation shall be
carried out by inspection units. In case the unit which revokes inspection
papers of a motor vehicle is not the unit managing the inspection book of that
vehicle, it shall immediately notify the revocation to the book-managing unit
and report the case to the Vietnam Register.
Article 14.
Archive of inspection dossiers and data
1. Inspection slips specified in
Clause 8. Article 3 of this Circular shall be kept at inspection units for 3
years after the date of inspection and issuance of inspection papers.
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a/ Relevant papers used for
compilation and re-issuance of the inspection book;
b/ Papers related to the
modification of the inspection book;
c/ The written record of
checking of and card on the compilation of the inspection book.
3. Inspection data must be
archived at inspection units.
Chapter IV
RESPONSIBILITIES OF
MOTOR VEHICLE OWNERS OR DRIVERS
Article 15.
Responsibilities of motor vehicle owners or drivers
Apart from complying with this
Circular, motor vehicle owners or drivers shall:
1. Conduct technical safety and
environmental protection inspection according to the Transport Ministry's
regulations.
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3. Strictly observe regulations
on technical maintenance and repair in order to maintain the technical state of
their motor vehicles in the interval between two times of inspection as
prescribed.
4. Refrain from transforming
their motor vehicles' structure, components or systems in contravention of
manufacturers' designs or transformation designs approved by competent
agencies.
5. When moving their motor
vehicles to other areas, transferring their motor vehicles to other owners or
transforming their motor vehicles, bring the vehicles, together with relevant
prescribed papers, to inspection units which manage inspection books to carry
out procedures for inspection and certification of changes.
6. Refrain from temporarily
changing components, accessories or parts of their motor vehicles to satisfy
technical criteria upon inspection or falsifying, removing, sticking, erasing
or modifying inspection papers.
7. Bring along inspection papers
and inspection books when driving their motor vehicles in the road and produce
them at the request of on-duty officers.
8. Return inspection books to
managing inspection units when their motor vehicles are deregistered, have
their operation duration expired or at the request of competent agencies.
Chapter V
RESPONSIBILITIES OF
STATE MANAGEMENT AGENCIES
Article 16.
The Vietnam Register
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2. To provide professional
instructions to and manage inspection units nationwide.
3. To examine and evaluate
conditions and criteria of, and grant certificates of qualification for motor
vehicle inspection to, inspection units.
4. To train, appoint, dismiss
and professionally manage inspectors.
5. To provide guidance on
inspection contents and processes.
6. To uniformly issue, manage
and print inspection prints and papers; to issue forms and prescribe
regulations on archiving and making professional reports within the motor
vehicle registry network. To provide detailed guidance on the order of and
procedures for the issuance, use and revocation of inspection prints and
papers.
7. To provide detailed guidance
on the issuance, modification and supplementation of inspection books.
8. To uniformly provide for types
and methods of periodical technical repair and maintenance in order to ensure
the quality of inspection equipment of inspection units.
10. To conduct regular,
periodical and irregular examination and supervision of inspection units
inspection activities. To handle violations committed by inspectors and
inspection units according to regulations.
11. To make annual reports on
technical safety and environmental protection inspection of motor vehicles to
the Ministry of Transport.
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1. To coordinate with the
Vietnam Register in directing, examining and supervising operations of. and
handling violations committed by, inspectors and inspection units under their
management.
2. To propose provincial-level
People's Committees to appoint or to appoint under authorization directors and
deputy directors of inspection units under their management according to in the
Transport Minister's Circular No. 11/2009/TT-BGTVT of June 24, 2009, providing
conditions on road motor vehicle inspection centers.
Article 18.
Motor vehicle inspection units
1. To conduct inspection and
issue certificates for motor vehicles to operate on the road according to
regulations. Heads of inspection units and inspectors who direct conduct
inspection shall take responsibility for inspection results.
2. To carry out examination,
maintenance and repair in order to maintain the precision and operation of
inspection equipment and devices according to regulations. To report to the
Vietnam Register and provincial-level Transport Departments on the termination
of operation of inspection lines.
4. To abide by and create
favorable conditions for the inspection, examination and supervision of their
inspection activities by functional agencies.
5. To publicize inspection
contents, process, criteria, regulations, fees, charges and working time.
Chapter VI
EFFECT AND ORGANIZATION
OF IMPLEMENTATION
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1. This Circular takes effect 45
days from the date of its signing and replaces the Transport Minister's
Decision No. 4105/2001/QD-BGTVT of December 4. 2001. promulgating the
Regulation on technical safety and environmental protection inspection of road
motor vehicles, and Decision No. 39/2007/QD-BGTVT of August 22.2007, amending
and supplementing a number of articles of the Regulation on technical safety
and environmental protection inspection of road motor vehicles.
2. Inspection certificates and
stamps issued by inspection units to vehicles before the effective date of this
Circular remain valid through the expiration date written therein.
Article 20.
Organization of implementation
The director of the Ministry
Office, the Chief Inspector, directors of the Ministry's departments, the
director of the Vietnam Register, heads of concerned agencies, and related
organizations and individuals shall implement this Circular.-
MINISTER
OF TRANSPORT
Ho Nghia Dung