Circular No. 06/2004/TT-BGTVT guiding the implementation of Government Decree No. 23/2004/NĐ-CP on the service life of automobiles and passenger vehicles.

CIRCULAR

Guidelines for implementing Decree No. 23/2004/NĐ-CP of the Government on

Regulations on the service life of automobiles and passenger vehicles

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Implementing Clause 1, Article 11 of Decree No. 23/2004/NĐ-CP dated January 13, 2004 of the Government (hereinafter referred to as Decree 23) regarding the service life of trucks and passenger vehicles (hereinafter collectively referred to as automobiles), the Ministry of Transport guides the implementation as follows:

1.1. Article 1 of Decree No. 09/2005/NĐ-CP dated January 27, 2005 on Administrative Sanctions for Violations in the Field of Inland Waterway Transport (hereinafter referred to as Decree No. 09) has specifically defined the scope of regulation of the Decree. Therefore, authorities authorized to impose administrative sanctions in the field of inland waterway transport (IWWT) may only impose sanctions on violations stipulated in Chapter II of Decree No. 09.

1. The scope of regulation concerning the service life of automobiles mentioned in Article 1 of Decree 23 includes trucks (cargo vehicles), specialized trucks (specialized cargo vehicles), and passenger vehicles participating in road traffic:

a. Trucks are automobiles with a structure and equipment mainly used for transporting goods including: general cargo trucks with open cargo beds (which may have a cover) or box-shaped cargo beds, dump trucks, trucks with cranes (including trucks with cargo lifting equipment), refrigerated trucks (including frozen food trucks), and cargo vans (closed cargo trucks with a cargo compartment attached to the cab);

Dual-purpose trucks that carry both people and goods (pickup trucks) with a gross vehicle weight (payload including both people and goods) of 950 kg or more;

b) Specialized trucks are trucks with a special structure and equipment designed to transport specific types of goods including: car carrier trucks, construction motorcycle carrier trucks, garbage trucks, concrete mixer trucks, tractor units, wet concrete trucks, gas cylinder trucks;

c) Passenger vehicles are automobiles with a structure and equipment designed to transport passengers without commercial transportation purposes, having ten seats or more (including the driver's seat) and specialized passenger vehicles;

d) Other types of automobiles not mentioned in points a, b, and c, Clause 1, Article 2 of Decree 23.

2. Among the objects not subject to the regulations on service life mentioned in points b and c, Clause 1, Article 2 of Decree 23, dual-purpose trucks that carry both people and goods (pickup trucks) of small size and specialized vehicles are understood as follows:

a. Small dual-purpose trucks that carry both people and goods are automobiles with an original structure consisting of two separate compartments: the front compartment is a passenger cabin with two rows of seats, and the rear compartment is a cargo area that can be either open or closed and may be connected or separated from the cabin; with a gross vehicle weight (payload including both people and goods) under 950 kg;

b. Specialized vehicles are automobiles with a structure and equipment designed to perform a specific function or purpose such as fire trucks, street sweeping trucks, waste suction trucks, mortar mixing trucks, concrete mixing trucks, concrete pumping trucks, crane trucks, lift trucks, drilling trucks, towing trucks, money transport trucks, mobile television trucks, mobile radio trucks, asphalt spreading trucks, bridge inspection and maintenance trucks, underground cable inspection trucks, mobile X-ray trucks, mobile surgical trucks.

II. DETERMINING THE SERVICE LIFE OF AUTOMOBILES

1. The service life of automobiles is calculated in years.

2. The year of manufacture of automobiles is determined in the following priority order:

a. Vehicle identification number (VIN);

b. Technical documents: Catalogs, technical specification manuals, recognition software, or information provided by the manufacturer;

c. Information on the original manufacturer's label affixed or attached to the automobile;

d. Records such as Quality Certificates; Factory Quality Inspection Reports for domestically produced automobiles; Inspection or Acceptance Records. Quality Certificates for modified motor vehicles; Original records managed by public security agencies; Import documents.

3. Automobiles lacking the documents and bases mentioned in item 2 above shall be considered insufficiently documented to determine the year of manufacture and must cease operations from February 1, 2005, according to points a and b, Clause 1, Article 5 of Decree 23.

III. IMPLEMENTATION TIMELINE

1. As of February 1, 2005, cease operations for:

a. Trucks (including specialized trucks) with a usage period exceeding 29 years (vehicles manufactured before 1976) or insufficient documentation to determine the year of manufacture;

b. Passenger vehicles (including those converted for other uses) with a usage period exceeding 23 years (vehicles manufactured before 1982) or insufficient documentation to determine the year of manufacture.

2. As of February 1, 2006, cease operations for:

a. Trucks (including specialized trucks) with a usage period exceeding 27 years (vehicles manufactured before 1979);

b. Passenger vehicles (including those converted for other uses) with a usage period exceeding 22 years (vehicles manufactured before 1984).

3. As of February 1, 2007, implement regulations on the service life for:

a. Trucks (including specialized trucks) with a usage period exceeding 25 years (vehicles manufactured before 1982);

b. Passenger vehicles with a usage period exceeding 20 years (vehicles manufactured before 1987);

c. Passenger vehicles converted from other types of vehicles before January 1, 2002 with a usage period exceeding 17 years (vehicles manufactured before 1990).

IV. HANDLING PASSENGER VEHICLES EXCEEDING THE SERVICE LIFE

Passenger vehicles not engaged in commercial transportation that exceed the service life as outlined in the implementation timeline may be converted into trucks, but the service life of the converted trucks must still comply with the provisions of Decree 23 and this Circular.

V. IMPLEMENTATION

1. Ministries, sectors, and People's Committees of provinces and centrally governed cities within their respective duties and authorities are responsible for directing, inspecting, and supervising organizations and individuals under their management who are operating automobiles in the implementation of Decree 23 and this Circular, while creating conditions for organizations and individuals operating automobiles nearing the end of their service life to plan investments and modernize their vehicles.

2. Departments of Transportation and Public Works of provinces and centrally governed cities:

a. Promote, disseminate, and ensure understanding of Decree 23 and this Circular among all organizations and individuals operating automobiles in their localities;

b. Based on their assigned functions and tasks, coordinate with the Vietnam Vehicle Inspection Agency to direct vehicle inspection units under their jurisdiction in their localities to implement Decree 23 and this Circular.

3. The Vietnam Vehicle Inspection Agency is responsible for:

a. Directing, guiding, and inspecting vehicle inspection units nationwide in the implementation of:

a.1. Sending Decree 23 and this Circular to all vehicle owners for their knowledge and compliance:

a.2. Determine the year of manufacture and compile a list of automobiles that have reached their service life limit according to the implementation schedule of Decree 23;

a.3. Notify automobile owners whose vehicles are approaching the end of their service life at least twice within six months before the vehicle reaches its service life limit:

a.4. Announce the list of automobiles that have reached their service life limit to the Traffic Police Room and traffic inspectors in localities for monitoring, inspection, and management, while publicly announcing in the media to provide a basis for the people and local authorities to supervise:

a.5. Resolve any queries or complaints related to determining the year of manufacture of automobiles;

a.6. Report promptly to the Vietnam Vehicle Inspection Agency the list of automobiles that have reached and will soon reach their service life limit;

b. Annually compile a list of automobiles that have reached and will soon reach their service life limit according to the announced schedule and report it to the Highway and Railway Traffic Police Bureau for coordinated monitoring, inspection, and management;

c. Resolve and handle cases involving complaints and disputes in accordance with current regulations;

d. Every six months, compile and report to the Ministry of Transport on the implementation of Decree 23 and propose necessary solutions;

4. The Departments of Science and Technology, Legal Affairs, Transportation, the Vietnam Highway Administration, and other competent agencies assigned tasks shall be responsible for directing, inspecting, and organizing the implementation of Decree 23 and this Circular;

5. The Transport News, Road Friend Newspaper, Transport Journal, and other journals under the transport sector shall be responsible for widely publicizing Decree 23 and this Circular, and promptly reporting on the implementation of regulations regarding the service life limit of automobiles;

6. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

During the implementation process, if there are any difficulties, they should be reported promptly to the Ministry of Transport for consideration and supplementation or amendment.