Circular No. 02/2023/TT-BGTVT amending and supplementing certain articles of Circular No. 16/2021/TT-BGTVT dated August 12, 2021, issued by the Minister of Transport on technical safety inspection and environmental protection for road motor vehicles.

CIRCULAR

Amending and supplementing some articles of Circular No. 16/2021/TT-BGTVT dated August 12, 2021, issued by the Minister of Transport stipulates

on technical safety inspection and environmental protection

for road motor vehicles

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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Science, Technology and Environment Department and the Director of the Vietnam Vehicle Inspection Agency,

The Minister of Transport issues the Circular amending and supplementing certain Articles of Circular No. 16/2021/TT-BGTVT dated August 12, 2021, issued by the Minister of Transport, on technical safety inspection and environmental protection for road motor vehicles.

Article 1. Amending and supplementing certain articles of Circular No. 16/2021/TT-BGTVT dated August 12 2021, issued by the Minister of Transport stipulating on technical safety inspection and environmental protection for road motor vehicles (hereinafter referred to as Circular No. 16/2021/TT-BGTVT)

1. Amending and supplementing Article 5 as follows:

“Article 5. Locations for conducting inspections, objects of inspection, exemptions from initial inspection

1. The establishment of Vehicle Files and the conduct of inspections (including when supplementing or modifying Vehicle Files) for motor vehicles shall be carried out at any inspection unit within the entire country.

2. Motor vehicles must undergo inspection on the inspection assembly line, except for the following cases:

a) New motor vehicles that have not been used and are exempted from the initial inspection as stipulated in Clause 3 of this Article;

b) Over-sized and over-weight motor vehicles that cannot enter the inspection assembly line: The items of checking the operation and effectiveness of brakes or other items that cannot be inspected on the assembly line (if applicable) shall be conducted on test roads outside the assembly line or inspected outside the inspection unit as provided for in Clause 3 of Article 8 of this Circular;

c) Motor vehicles that cannot move to the inspection unit for inspection and are permitted to undergo inspection outside the inspection unit as provided for in Clause 3 of Article 8 of this Circular include: motor vehicles with information recorded on the "Motor vehicle not participating in road traffic" on the Quality Inspection Certificate for domestically produced or assembled vehicles or the Certificate (or Notification of Exemption from Inspection) of Technical Safety and Environmental Protection for Imported Motor Vehicles; motor vehicles operating in island areas without inspection units; motor vehicles operating in areas ensuring safety, security, and national defense; motor vehicles operating in restricted areas such as ports, mines, construction sites; motor vehicles performing urgent tasks (disaster prevention and control, epidemic prevention).

3. New motor vehicles that have already been issued a "Quality Inspection Certificate for Factory Release" for domestically produced or assembled vehicles or a "Certificate of Technical Safety and Environmental Protection for Imported Motor Vehicles" or a "Notification of Exemption from Quality Inspection for Imported Motor Vehicles" and whose year of manufacture is less than two years (year of manufacture plus one year) from the year of submitting the application for issuance of the Inspection Certification and have complete and valid files as prescribed in Clause 1 of Article 6 of this Circular shall be exempted from the initial inspection."

2. Amending and supplementing Clause 1 of Article 6 as follows:

"1. Establishing Vehicle Files

The vehicle owner must declare information and provide the following documents to establish the Vehicle File (except for the initial inspection to issue the Inspection Certification and Inspection Label with a validity period of 15 days):

a) Present the Registration Certificate for the vehicle (Original Registration Certificate issued by the competent authority or original receipt for retaining the original Registration Certificate (accompanied by a copy of the Registration Certificate) currently pledged to a financial institution or Original Copy of the Registration Certificate certified by a leasing company (accompanied by a copy of the Registration Certificate) or Notice of Issuance of the Registration Certificate;

b) A copy of the Quality Inspection Certificate for domestically produced or assembled motor vehicles (excluding motor vehicles for liquidation);

c) The original Certificate of Technical Safety and Environmental Protection for modified motor vehicles in the case of newly modified motor vehicles;

d) The chassis number and engine number of the vehicle for motor vehicles exempted from inspection as prescribed in Clause 3 of Article 5 of this Circular;

đ) Declare corresponding information as specified in Appendix I attached to this Circular.".

3. Amending and supplementing Point d Clause 1 and Point a Clause 2 of Article 8 as follows:

a) Amending and supplementing Point d Clause 1 of Article 8 as follows:

"d) For motor vehicles exempted from the initial inspection, the inspection unit bases on the complete and valid file provided by the vehicle owner according to Clause 1 of Article 6 of this Circular to issue the Inspection Certification and Inspection Label (the vehicle owner does not need to bring the motor vehicle to the inspection unit).

For motor vehicles required to undergo inspection, the inspection unit conducts inspection according to the provisions of Clauses 2 and 3 of this Article and takes photos of the motor vehicle for storage (with time indicated on the photo) as follows: Two overall photos clearly showing the license plate of the motor vehicle (one photo taken at a 45-degree angle from the front side of the vehicle and one photo taken from the rear opposite angle); two photos of the underside of the vehicle except for passenger cars up to nine seats (one photo taken from the front and one photo taken from the rear); a photo of the chassis number of the vehicle.".

b) Amending and supplementing Point a Clause 2 of Article 8 as follows:

"a) Receiving, inspecting, searching for warnings, comparing the file with data on the Management Inspection Program (except for the next inspection immediately after the initial exemption from inspection, the inspection unit must also compare the actual technical specifications of the vehicle with the production, assembly, and import database of the Vietnam Registration Agency), if incomplete, guide the vehicle owner to complete it again, if complete, register for inspection, conduct inspection, evaluate the technical safety and environmental protection status of the motor vehicle, and print the Inspection Report according to the model specified in Appendix VI attached to this Circular;"

4. Amending and supplementing the title of Clause 1, Point a Clause 1, and Clause 5 of Article 9 as follows:

a) Amending and supplementing the title of Clause 1 of Article 9 as follows:

"1. Motor vehicles belonging to the category exempted from the initial inspection or those that have passed the inspection requirements shall be issued the Inspection Certification and Inspection Label according to the model specified in Appendix X attached to this Circular. The vehicle owner is responsible for affixing the Inspection Label (in the case of initial exemption) in accordance with the provisions of Clause 4 of Article 9 of this Circular."

b) Amending and supplementing Point a Clause 1 of Article 9 as follows:

"a) The inspection certificate and inspection label issued to motor vehicles must have the same serial number, printed from the management inspection program on the blank form uniformly issued by the Vietnam Registration Agency, with content consistent with the vehicle file and data on the management inspection program. For motor vehicles declared for commercial transport (yellow license plates), the inspection certificate and inspection label for motor vehicles engaged in commercial transport shall be issued; for motor vehicles declared not for commercial transport (license plates with colors other than yellow), the inspection certificate and non-commercial transport inspection label shall be issued."

c) Amend and supplement Clause 5 of Article 9 as follows:

“5. In case the inspection certificate or inspection label is lost or damaged, the vehicle owner must have the vehicle re-inspected to obtain a new inspection certificate and inspection label, except for the following cases:

a) If the initial inspection certificate or initial inspection label of a motor vehicle exempted from inspection is lost, within seven working days from the date of issuance of the initial inspection certificate or initial inspection label, the vehicle owner or the person authorized under the law must report to the registration units according to the form attached as Appendix I of this Circular to reprint once the inspection certificate and inspection label (the vehicle owner does not need to bring the vehicle to the registration unit).

b) If the initial inspection certificate or initial inspection label of a motor vehicle exempted from initial inspection is damaged or has discrepancies with the vehicle information, the vehicle owner must bring the issued inspection certificate and inspection label to the registration unit and report according to the form attached as Appendix I of this Circular for the registration unit to review and check the information and reprint the inspection certificate and inspection label (the vehicle owner does not need to bring the vehicle to the registration unit).”

5. Supplement Clause 6 of Article 13 as follows:

“6. For motor vehicles exempted from initial inspection, the vehicle owner must affix the inspection label on the motor vehicle before participating in traffic in accordance with Clause 4 of Article 9 of this Circular.”

6. Amend and supplement Clause 4 of Article 14 as follows:

“4. Coordinate with relevant agencies to implement warning and removal of warnings on the management inspection program for motor vehicles with administrative information, technical specifications, and other cases as stipulated in Clause 12 of Article 80 of Decree No. 100/2019/NĐ-CP dated December 20, 2019 of the Government and other warning cases as requested by state agencies.”

7. Supplement Clause 18 of Article 16 as follows:

“18. Registration units are responsible for coordinating to reprint the inspection certificate and inspection label in cases where the inspection certificate and inspection label are lost, damaged, or have information discrepancies as specified in points a and b of Clause 5 of this Circular.”

Article 2. Replace some Appendices issued together with Circular No. 16/2021/TT-BGTVT

Replace Appendices I, II, III, VI, and XI issued together with Circular No. 16/2021/TT-BGTVT respectively with Appendices I, II, III, IV, and V issued together with this Circular.

Article 3. Effectiveness and organizing implementation

1. This Circular takes effect from March 22, 2023.

2. Inspection certificates and inspection labels issued before the effective date of this Circular shall continue to be valid until their expiration date as indicated on the inspection certificate and inspection label.

3. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, the Heads of Departments, the Director of the Vietnam Registration Agency, the Director of the Vietnam Road Administration, the Directors of Provincial Departments of Transport, the Directors of Construction and Transport Departments of centrally governed cities, the Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.