Circular No. 08/2023/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

_____________

PURSUANTpursuant to the Road Traffic Law dated November 13, 2008; Road Traffic Law dated November 13, 2008;

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 stipulating 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 abbreviated as Circular No. 85/2014/TT-BGTVT Circular No. 16/2021/TT-BGTVT) and Circular No. 02/2023/TT-BGTVT dated March 21, 2023, issued by the Minister of Transport amending and supplementing certain Articles of Circular No. 16/2021/TT-BGTVT (hereinafter referred to as Circular No. 02/2023/TT-BGTVT)

1. Supplement Clause 13 of Article 3 of Circular No. 16/2021/TT-BGTVT as follows:

“13. Exemption from initial inspection means that the registration inspection unit bases on the Quality Inspection Report at the time of production or assembly for vehicles produced or assembled or the Certificate of Technical Safety and Environmental Protection for imported motor vehicles or the Notification of Exemption from Technical Safety and Environmental Protection Inspection for imported motor vehicles and related documents as prescribed in this Circular to establish vehicle files, manage and store them according to regulations, and issue the Certificate of Inspection and Inspection Label without having to conduct inspections and evaluations of the vehicle.”

2. Amending and supplementing Clause 5 of Article 7 of Circular No. 16/2021/TT-BGTVT as follows:

“5. For motor vehicles re-inspected on the same working day at the same registration inspection unit, the registration inspection unit only inspects the items that did not meet the requirements. However, for items related to the braking system or steering system, if any item does not meet the requirements, then a full inspection of all items within the corresponding braking or steering system must be conducted. In case of re-inspection on another day or at another unit, all items must be inspected again.”

3. Amending and supplementing Point d Clause 1 of Article 8 of Circular No. 16/2021/TT-BGTVT (amended and supplemented at Point a Clause 3 of Article 1 of Circular No. 02/2023/TT-BGTVT) as follows:

“d) For motor vehicles exempted from initial inspection, the registration inspection unit bases on the documents provided by the vehicle owner, checks their completeness and validity according to Clause 1 of Article 6 of this Circular, and searches for vehicle information on the website of the Vietnam Registration Inspection Authority. If the motor vehicle has not been issued the Certificate of Inspection and Inspection Label, the registration inspection unit issues the Certificate of Inspection and Inspection Label and updates the data with the content "The vehicle has completed the initial exemption inspection" on the website of the Vietnam Registration Inspection Authority. If the motor vehicle has already been issued the Certificate of Inspection and Inspection Label, no Certificate of Inspection and Inspection Label will be issued.

In case the motor vehicle exempted from initial inspection only has a Vehicle Registration Certificate Issuance Appointment Letter, the registration inspection unit issues the Initial Inspection Label and simultaneously provides the Vehicle Owner with the Certificate of Inspection Issuance Appointment Letter according to the model attached as Appendix VII of this Circular. When the vehicle owner presents the Vehicle Registration Documents (original Vehicle Registration Certificate issued by the competent authority or original Vehicle Registration Certificate Retention Receipt (accompanied by a copy of the Vehicle Registration Certificate) being pledged to a financial institution or a copy of the Vehicle Registration Certificate confirmed by a leasing company), the registration inspection unit photocopies the Vehicle Registration Certificate or the original Vehicle Registration Certificate Retention Receipt (accompanied by a copy of the Vehicle Registration Certificate) being pledged to a financial institution or a copy of the Vehicle Registration Certificate confirmed by a leasing company to keep in the Vehicle File, Inspection File, and return the Certificate of Inspection. If the motor vehicle has already been issued the Certificate of Inspection and Inspection Label, no Certificate of Inspection and Inspection Label will be issued.

For motor vehicles required to undergo inspection, the registration inspection unit conducts inspection according to Clauses 2 and 3 of this Article and takes photos of the motor vehicle for storage (with the time of taking the photo shown on the image) as follows: two overall images clearly showing the license plate of the motor vehicle (one image taken at a 45-degree angle from the front side of the vehicle and one image taken from the rear opposite angle); an image of the chassis number; two images of the underside of the vehicle (one image taken from the front direction and one image taken from the rear direction) except for passenger cars up to 9 seats.”

4. Amending and supplementing Point a Clause 1 of Article 9 of Circular No. 16/2021/TT-BGTVT (amended and supplemented at Point b Clause 4 of Article 1 of Circular No. 02/2023/TT-BGTVT); amending and supplementing Clause 6 of Article 9 of Circular No. 16/2021/TT-BGTVT as follows:

a) Amending and supplementing Point a Clause 1 of Article 9 of Circular No. 16/2021/TT-BGTVT (amended and supplemented at Point b Clause 4 of Article 1 of Circular No. 02/2023/TT-BGTVT) as follows:

“a) The Certificate of Inspection and Inspection Label issued for motor vehicles must have the same serial number, printed from the management program for inspections uniformly issued by the Vietnam Registration Inspection Authority, with content consistent with the Vehicle File and data on the management program for inspections. For motor vehicles with yellow license plate backgrounds and black letters and numbers, using one of the letters A, B, C, D, E, F, G, H, K, L, M, N, P, S, T, U, V, X, Y, Z in the license plate serial number, the Certificate of Inspection and Inspection Label shall be issued for motor vehicles engaged in commercial transportation; for other cases, the Certificate of Inspection and Inspection Label shall be issued according to the declaration of the vehicle owner.”

b) Amending and supplementing Clause 6 of Article 9 of Circular No. 16/2021/TT-BGTVT as follows:

"6. In case the inspection unit discovers that the Inspection Certificate or the Inspection Label has been forged or altered, the inspection unit shall prepare a record to revoke the Inspection Certificate and the Inspection Label according to the model prescribed in Appendix XXI attached to this Circular and transfer the matter to the police for handling in accordance with the provisions of the law, while reporting to the Vietnam Motor Vehicle Inspection Agency and entering the violation information on the Vietnam Motor Vehicle Inspection Agency's website."

5. Amend and supplement Clause 1 of Article 13 of Circular No. 16/2021/TT-BGTVT as follows:

"1. During the period between two inspection cycles, the vehicle owner is responsible for maintaining and repairing the vehicle to ensure its technical condition, and shall be liable under the law for the act of operating a vehicle that does not meet safety and environmental protection standards on public roads."

6. Supplement Clause 6 of Article 14 of Circular No. 16/2021/TT-BGTVT as follows:

"6. Implement the search for information confirming the validity period of the Inspection Certificate and the Inspection Label according to the model prescribed in Appendix XX attached to this Circular; provide accounts to search for information confirming the validity period of the Inspection Certificate and the Inspection Label on the Vietnam Motor Vehicle Inspection Agency's website for functional forces to serve patrol, control, violation handling, and resolution of cases related to road motor vehicles."

7. Amend and supplement Clause 9, Clause 11, and supplement Clause 19 of Article 16 of Circular No. 16/2021/TT-BGTVT as follows:

1. Amend and supplement Clause 9 of Article 16 of Circular No. 16/2021/TT-BGTVT as follows:

"9. Use the management program for inspections, initial exemption from inspection, and software controlling equipment announced by the Vietnam Motor Vehicle Inspection Agency."

2. Amend and supplement Clause 11 of Article 16 of Circular No. 16/2021/TT-BGTVT as follows:

"11. Accept registration for inspection through one of the following forms: direct submission, telephone, the agency’s website, or online application for motor vehicles."

3. Supplement Clause 19 of Article 16 of Circular No. 16/2021/TT-BGTVT as follows:

"19. Issue warnings for vehicles that fail inspections, as specified in Clause 6 of Article 9 of this Circular, and remove warnings for vehicles that have passed re-inspection on the Vietnam Motor Vehicle Inspection Agency's website."

Article 2. Repeal some clauses and replace some Appendices issued along with Circular No. 16/2021/TT-BGTVT and Circular No. 02/2023/TT-BGTVT.

1. Replace Appendices I, II, III, VI, and XI issued along with Circular No. 16/2021/TT-BGTVT (which have been replaced by Appendices I, II, III, IV, and V of Circular No. 02/2023/TT-BGTVT) with Appendices I, II, III, IV, and V issued along with this Circular.
2. Supplement Appendices XX and XXI to Circular No. 16/2021/TT-BGTVT with Appendices VI and VII issued along with this Circular.
3. Repeal Clause 2 of Article 3 of Circular No. 02/2023/TT-BGTVT.

Article 3. Effectiveness and organizing implementation

1. This Circular takes effect from June 3, 2023.

2. Transitional Provisions

a) 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, except as provided in point b of this clause;

b) In the case where the Inspection Certificate and Inspection Label for passenger cars up to nine seats not engaged in commercial transport (with production years up to seven years and from thirteen to twenty years) were issued before March 22, 2023 and remain valid until before July 1, 2024, they may continue to be used until the end of the validity period as stipulated in Appendix V of this Circular. The validity period of the Inspection Certificate and Inspection Label will be confirmed by the Vietnam Motor Vehicle Inspection Agency according to the model prescribed in Appendix VI attached to this Circular (the electronic version signed by the Vietnam Motor Vehicle Inspection Agency and having a QR code linking to the Vietnam Motor Vehicle Inspection Agency's website). The vehicle owner must search for the confirmation of the validity period on the Vietnam Motor Vehicle Inspection Agency's website (https://giahanxcg.vr.org.vn), print out the confirmation of the validity period of the Inspection Certificate and Inspection Label. This confirmation is an attachment that cannot be separated from the Inspection Certificate already issued for road traffic purposes;

c) The provision in point b of this clause does not apply to cases where the Inspection Certificate and Inspection Label have expired before the effective date of this Circular.

3. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, the Heads of Departments, the Director of the Vietnam Motor Vehicle Inspection Agency, the Director of the Vietnam Highway Administration, the Directors of Transportation Departments, the Directors of Transportation and Construction Departments of provinces and centrally-administered cities, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.