Circular No. 118/2021/TT-BCA on the renovation of motor vehicles in the People's Public Security Force

CIRCULAR

Regulations on the modification of motor vehicles in the People's Public Security

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;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Traffic Police Corps;

The Minister of Public Security issues this Circular to regulate the modification of motor vehicles in the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures for modifying motor vehicles; the Design Review Board for modified motor vehicles; design; design review; construction of modifications; quality inspection of modified motor vehicles; issuance of the Certificate of Technical Safety and Environmental Protection for modified motor vehicles; forms and management of form usage; responsibilities of public security units and localities related to the work of modifying motor vehicles in the People's Public Security.

Article 2. Applicability

This Circular applies to:

1. Local public security units.

2. Units responsible for design, design review, modification, and quality inspection of modified motor vehicles in the People's Public Security.

3. Organizations and individuals related to the activity of modifying motor vehicles of the public security force.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Modification of motor vehicles means changing the structure, shape, arrangement, working principle, specifications, technical characteristics of a part or the entire system or assembly of motor vehicles or altering the original purpose of motor vehicles. In cases where systems or assemblies are replaced with other systems or assemblies of the same type and from the same manufacturer (same spare parts code), it does not constitute modification.

2. Gross weight of the vehicle according to the design includes the weight of the vehicle itself plus the weight of people, luggage, and cargo weight according to the design (if any).

3. Semi-trailer truck is a partially finished truck that can move, has a cab, but lacks a cargo box, passenger compartment, and specialized equipment.

Products of the same type are products owned by the same industrial property owner, bearing the same brand, design, produced on the same production line, and without changes to the following technical specifications: type of vehicle; brand; basic size and weight of the vehicle; number of passengers allowed (including the driver); design and structure of the cab, frame, or body of the vehicle; type of engine, transmission, drive axle; fuel type; braking system: drive method, brake mechanism; steering system: steering mechanism; suspension system: suspension type, structure of the elastic component; drive system: driven axle type; specialized equipment, specialized mechanism (if any).

5. Motor vehicles include automobiles, semi-trailer trucks, and specialized motorcycles of the public security force.

6. Original vehicle is a motor vehicle that has not undergone any change in its structure, shape, arrangement, working principle, specifications, or technical characteristics compared to the original design by the manufacturer.

Article 4. Principles of motor vehicle modification

1. Compliance with the provisions of this Circular and other relevant laws.

2. Ensuring objectivity, safety, suitability, effectiveness, and meeting the requirements of the public security force's operations.

3. Modification of motor vehicles shall only be carried out upon written approval from the Director of the General Department, heads of units under the Ministry of Public Security, or the Director of Provincial Police Departments directly under the Central Government for operational needs.

4. The modification of motor vehicles must comply with the approved design documentation for modified motor vehicles by the competent authority.

5. For automobiles produced, assembled, or imported that have been modified into specialized automobiles or equipped with additional specialized devices before being sold in their original condition, they must undergo procedures to revert them to their original state and remove the specialized devices.

In cases where motor vehicles are modified from semi-trailer trucks with a service life of less than 15 years from the year of manufacture, before being sold in their original condition, they must be converted back to open-body cargo trucks through modification procedures.

Article 5. Regulations on the Overhaul of Motor Vehicles

The overhaul of motor vehicles and motor vehicles after overhaul must comply with current technical standards and regulations and must adhere to the following provisions:

1. Motor vehicles that have been in use for more than 15 years from the year of manufacture to the date of design review shall not be overhauled.

2. Each motor vehicle may only be allowed to undergo overhaul or change one of two main assemblies, either the engine or the chassis assembly, and shall not be overhauled more than three systems or assemblies: power transmission; movement; suspension; braking; steering; fuel; driver's cabin; body or cargo box, passenger compartment.

3. The total weight according to the design of the motor vehicle after overhaul shall not exceed the total weight according to the original design.

4. The size of tires, number of axles, wheelbase, and distance between axles of motor vehicles shall not be altered during overhaul.

5. The braking system of motor vehicles shall not be overhauled except in cases where an additional brake pedal is installed on training or examination vehicles.

6. The steering system of motor vehicles shall not be overhauled except in cases where imported motor vehicles with reverse steering are involved.

7. Used systems or assemblies shall not be utilized in the overhaul of motor vehicles except for specialized equipment.

8. Imported special-purpose motor vehicles shall not be converted into other types within five years, and refrigerated vehicles shall not be converted into other types within three years from the date of importation. In cases where there is a need for conversion before the specified period, a report must be submitted to the Minister of Public Security for approval.

Article 6. Procedure for Implementing the Overhaul of Motor Vehicles

The overhaul of motor vehicles shall be carried out in accordance with the following procedure:

1. The design unit prepares the design documentation for the overhaul of motor vehicles and submits it to the Design Review Board for the Overhaul of Motor Vehicles for review.

2. The Design Review Board for the Overhaul of Motor Vehicles organizes the review of the design documentation for the overhaul of motor vehicles. If the documentation meets the requirements, the board approves the design documentation and issues a Certificate of Design Review for the Overhaul of Motor Vehicles.

3. The overhaul unit carries out the overhaul work of motor vehicles according to the approved design documentation and prepares a report requesting the agency issuing the Certificate of Technical Quality and Environmental Protection for the Overhaul of Motor Vehicles to organize a quality inspection of the overhauled motor vehicles.

4. The Traffic Guidance, Registration, and Inspection Department under the General Traffic Police Corps; the Traffic Police Departments under provincial public security organs (hereinafter referred to as provincial-level public security organs) are responsible for inspecting the technical quality and environmental protection of overhauled motor vehicles.

5. The General Traffic Police Corps; provincial-level public security organs issue the Certificate of Technical Quality and Environmental Protection for the Overhaul of Motor Vehicles.

Article 7. The Design Review Board for the Overhaul of Motor Vehicles

1. Composition of the Design Review Board for the Overhaul of Motor Vehicles (hereinafter referred to as the Design Review Board):

a) The Design Review Board of the General Traffic Police Corps is established by the Director of the General Traffic Police Corps, with the leader of the General Traffic Police Corps serving as Chairman; the leaders of the Traffic Guidance, Registration, and Inspection Department under the General Traffic Police Corps, and the leaders and staff of the Optical and Mechanical Technology Department under the Institute of Science and Technology serve as members; staff of the Traffic Guidance, Registration, and Inspection Department under the General Traffic Police Corps serve as secretary members.

b) The Design Review Board of provincial-level public security organs is established by the Director of provincial-level public security organs, with the leader of the provincial-level public security organs serving as Chairman; the leaders of the Traffic Police Department and the Supply Department serve as members; staff of the Traffic Police Department serve as secretary members.

2. Duties and powers of the Design Review Board:

a) Inspect and guide the design unit to complete the procedures and documentation for the design of the overhaul of motor vehicles in accordance with the regulations on the overhaul of motor vehicles within the Public Security Force;

b) Organize the review of the design documentation for the overhaul of motor vehicles;

c) Issue the Certificate of Design Review for the Overhaul of Motor Vehicles.

3. Duties and powers of the members of the Design Review Board:

a) Chairman of the Design Review Board: Direct the organization of the design review; assign tasks to the members of the Design Review Board; sign off on the design documentation for the overhaul of motor vehicles and the Certificate of Design Review for the Overhaul of Motor Vehicles for designs meeting the requirements;

b) Member: Carry out tasks assigned by the Chairman of the Design Review Board; take responsibility for reviewing and evaluating the design documentation for the overhaul of motor vehicles submitted by the design unit; guide the design unit to revise the contents in the design documentation for the overhaul of motor vehicles before submitting to the Chairman of the Design Review Board for approval;

c) Secretary Member: Carry out tasks assigned by the Chairman of the Design Review Board; inspect and guide the design unit to complete the procedures and documentation for the design of the overhaul of motor vehicles; take responsibility for reviewing and evaluating the design documentation for the overhaul of motor vehicles submitted by the design unit; guide the design unit to revise the contents in the design documentation for the overhaul of motor vehicles that do not meet the requirements; compile and complete the documentation, print the Certificate of Design Review for the Overhaul of Motor Vehicles for submission to the Chairman for signature; hand over the documentation to the design unit; retain the documentation in accordance with regulations.

4. The Design Review Board operates based on the principle of collective decision-making, with members of the Design Review Board participating in the review process through written opinions. In cases where the opinions of the members of the Design Review Board are not unanimous regarding the approval of the overhaul design, the Chairman decides based on the majority opinion. For the overhaul design of special-purpose motor vehicles used for specialized operations, the Chairman of the Design Review Board may invite representatives from the user units to participate in the design review.

5. The Appraisal Board operates on a part-time basis. In case there is a change in Board members, the managing unit must submit a written request to the Traffic Police Inspectorate under the Ministry of Public Security and the provincial police for supplementation and improvement of the Appraisal Board in accordance with regulations.

6. Officials participating in the Appraisal Board must be officers who have worked in the force for at least two years; they must have a bachelor's degree in Mechanical Engineering with the following subjects included in their curriculum: Automotive Theory, Automotive Structure, Automotive Structural Calculations, Automotive Technical Maintenance, Internal Combustion Engines, and Automotive Electrical Systems or equivalent subjects; they must also have been trained and educated in laws and public security business operations as prescribed.

7. Levels of design appraisal for modified motor vehicles:

a) The Appraisal Board of the Traffic Police Inspectorate organizes the appraisal of design documentation for modified motor vehicles and issues the Design Appraisal Certificate for the modification of motor vehicles by units and localities of the Public Security Force. The Appraisal Board may use the administrative seal of the Traffic Police Inspectorate.

b) The Appraisal Board of the provincial police appraises the design documentation for modified motor vehicles and issues the Design Appraisal Certificate for the modification of motor vehicles managed and used by the provincial police and motor vehicles of units subordinate to the Ministry of Public Security stationed in the locality. The Appraisal Board may use the administrative seal of the provincial police.

Article 8. Forms used in the modification of motor vehicles

The forms used in the modification of motor vehicles include:

1. Application for design appraisal of modified motor vehicles (Form 01).

2. Design Appraisal Certificate for modified motor vehicles (Form 02).

3. Acceptance Record of modified motor vehicles upon factory release (Form 03).

4. Quality and Safety Technical Inspection Report for modified motor vehicles (Form 04).

5. Quality and Safety Technical Inspection Certificate for modified motor vehicles (Form 05).

6. Safety Technical Inspection Report for automobiles equipped with auxiliary brakes (Form 06).

Article 9. Management, use, and destruction of forms

1. Management and use of forms.

Forms used in the modification of motor vehicles are managed according to the file management system of the Ministry of Public Security.

a) Forms 01, 03, 04, and 06 are managed and printed by the designing and construction units without altering the contents of the forms.

b) Forms 02 and 05 are printed by the Traffic Police Inspectorate and are managed according to the file management system of the Ministry of Public Security. The Traffic Police Department bases its budget planning and registration with the Traffic Police Inspectorate on the actual needs of the locality for the use of these forms in the modification of motor vehicles in their locality.

c) The funds for printing forms are sourced from the regular budget of the unit.

2. Destruction of forms.

Damaged, recalled, or non-compliant forms must be reported to the Traffic Police Inspectorate by the Registration and Inspection Guidance Department every twelve months. The Traffic Police Department reports to the Provincial Police Director for permission to destroy such forms and to establish a form destruction committee. The composition of the form destruction committee includes:

a) Traffic Police Inspectorate: The Inspectorate Chief serves as the Chairman; the Heads of Political Affairs, Logistics, and Registration, Guidance, and Inspection Departments serve as Committee Members.

b) Provincial Police: The Provincial Police Director serves as the Chairman; the Heads of Inspection, Logistics, and Traffic Police Departments serve as Committee Members.

The destruction of forms must be recorded in a minutes document signed by all committee members. The main content of the minutes includes: Basis and reasons for destruction; time and location; participants; statistics on the quantity, name, serial number of destroyed forms; method of destruction.

Chapter II

SPECIFIC PROVISIONS

Article 10. Design of modified motor vehicles

1. The design of modified motor vehicles must be carried out by a design unit within or outside the Public Security sector in accordance with the provisions of the law.

2. The design for modifying specialized vehicles that need to ensure the confidentiality of the People's Public Security force as specified in the Appendix (annexed hereto) must be conducted by a design unit within the People's Public Security force. In cases where the design units within the People's Public Security force cannot meet the requirements, the designation of a design unit outside the People's Public Security force to carry out the work must be decided by the Minister of Public Security.

3. Documents for the design of modified motor vehicles:

a) Written document or directive from the Minister of Public Security regarding the designation of a design unit outside the Public Security force for designs that need to ensure the confidentiality of the People's Public Security force (if applicable);

b) Official letter from the unit managing and using motor vehicles requesting the Review Board to consider the modification of motor vehicles;

c) Proposal for reviewing the design of modified motor vehicles;

d) Copy of original documents and technical specifications of motor vehicles before modification;

đ) Copy of the Contract between the design unit, the modification unit, and the Public Security units, localities (for cases of modifying motor vehicles from unused chassis);

e) Technical design description of modified motor vehicles on A4 white paper, stamped on each page or bound together by the design unit; the cover page should have the signature and stamp of the representative of the design unit.

The technical design description of modified motor vehicles includes the following contents: introduction to the needs and purpose of modification; basic technical characteristics of motor vehicles before and after modification; implementation content and construction technology sequence; calculation of dynamic and dynamic characteristics; calculation of strength testing related to the modification content; necessary instructions for using motor vehicles after modification; conclusion; references during the design process;

g) Technical drawings presented on A3 white paper, complying with current standards and regulations, stamped at the title frame; overall layout drawings of motor vehicles after modification signed and stamped by the representative of the design institution.

Technical drawings include: overall layout drawings of motor vehicles after modification; overall layout drawings of motor vehicles before modification; detailed drawings of systems and assemblies modified or newly manufactured including guidance on permitted technologies and materials for modification and replacement; installation drawings of modified or replaced assemblies and systems.

4. In cases where passenger cars are modified to install auxiliary brakes by connecting to the main brake pedal through a mechanical lever to serve as driving training cars or examination cars, and vice versa, there is no need to establish a design modification file but must be constructed at the modification unit in accordance with the law and inspected by the vehicle inspection agency within the Public Security force, issuing a Safety Technical Inspection Report for Passenger Cars with Auxiliary Brakes (Form 06 annexed hereto).

Article 11. Review of the design of modified motor vehicles

1. Contents of the review of the design of modified motor vehicles.

a) Checking the legality of the design unit;

b) Checking the contents of motor vehicle modifications;

c) Evaluating the technical description and drawings in the design file against national technical standards and regulations as prescribed.

2. Procedure for reviewing the design of modified motor vehicles.

a) After receiving a complete and valid design file, the Secretary of the Review Board transfers the design file of modified motor vehicles to the members of the Review Board for study and provide written comments or report to the Chairman of the Review Board to organize a meeting to review the design file of modified motor vehicles;

b) The Secretary of the Review Board prepares a summary record of participation opinions for the Review Board members to sign confirmation;

c) If the design file of modified motor vehicles meets the requirements, the Secretary of the Review Board submits it to the Chairman of the Review Board for approval and issuance of the Design Review Certificate (Form 02 annexed hereto);

If the design file of modified motor vehicles does not meet the requirements, the Secretary of the Review Board informs the design unit to make corrections. After the design unit makes corrections, the Secretary of the Review Board checks and prepares a record for the Review Board members and the modification unit to sign confirmation. If the corrected design file of modified motor vehicles meets the requirements, the Secretary of the Review Board submits it to the Chairman of the Review Board for approval and issuance of the Design Review Certificate;

d) The Design Review Certificate is valid for 12 months from the date of signing. Fifteen days before the Design Review Certificate expires, the design unit sends a letter requesting the Review Board to extend the validity period;

đ) The design file of modified motor vehicles and the Design Review Certificate are kept at: the Review Board; the unit with modified vehicles; the design unit for modification.

3. Time limit for reviewing the design of modified motor vehicles

Within 15 working days from the date of receipt of a complete and valid design file of modified motor vehicles, the Review Board must return the review results to the design unit. In complex cases requiring additional time for review, the Review Board must notify the design unit in writing, but not exceeding 45 working days from the date of receipt of a complete and valid design file of modified motor vehicles.

Article 12. Construction and modification of motor vehicles

1. The construction and modification of motor vehicles must be carried out by units engaged in modification within or outside the Public Security sector in accordance with the provisions of the law.

2. For vehicles specified in Clause 2, Article 10 of this Circular, the construction and modification must be carried out by units engaged in modification within the People's Public Security Force. In cases where units engaged in modification within the People's Public Security Force cannot meet the requirements, the designation of units engaged in modification outside the Public Security sector to carry out such work must be decided by the Minister of Public Security.

3. Motor vehicles undergoing modification must be constructed and modified strictly according to the approved design files and ensure the requirements for technical quality and environmental protection.

4. Units engaged in the construction and modification of motor vehicles must conduct self-inspection, prepare a certificate of quality upon completion (Form 03 issued together with this Circular), and bear responsibility for the quality of their products.

Article 13. Inspection of Technical Safety Quality and Environmental Protection of Modified Motor Vehicles

1. After the modification unit has carried out construction in accordance with the approved design file of the modified motor vehicle, which has been approved by the Design Review Board, the modification unit shall prepare an inspection file on the technical safety quality and environmental protection of the modified motor vehicle, and request the Traffic Police Corps (for designs approved by the Design Review Board at the Traffic Police Corps) or the Provincial Traffic Police Department (for designs approved by the Design Review Board at the provincial public security department) to organize inspections; the file includes:

a) A letter requesting inspection from the unit engaged in the construction and modification of motor vehicles;

b) The design file of the modified motor vehicle that has been reviewed;

c) Photographs showing the overall view from a 45-degree angle front and rear of the modified motor vehicle; detailed photographs of the modified systems and assemblies;

d) The certificate of quality upon completion of the modified motor vehicle issued by the modification unit;

đ) Copies of documents confirming the origin of the modified systems and assemblies;

e) Copies of the registration certificate and original source documents of the motor vehicle before modification;

g) Copies of legal basis documents of the unit engaged in the construction and modification of motor vehicles (in cases where the modification unit requests the first inspection of the technical safety quality and environmental protection of the modified motor vehicle);

2. The Departments of Guidance, Registration, and Inspection under the Traffic Police Corps and the Provincial Traffic Police Departments are responsible for inspecting and preparing certificates of inspection on the technical safety quality and environmental protection of modified motor vehicles (Form 04 issued together with this Circular) as the basis for the Traffic Police Corps and provincial public security departments to issue Certificates of Modification Quality (hereinafter referred to as the Certificate of Modification).

If the modification unit does not meet the requirements in the approved design file of the modified motor vehicle, they shall prepare a record noting the items that do not meet the requirements, and request the modification unit to rectify and construct in accordance with the approved design file of the modified motor vehicle.

3. Inspection agencies within the People's Public Security Force are responsible for inspecting and preparing certificates of technical safety inspection for cases of passenger cars modified with auxiliary brakes used as driving training cars, examination cars, and vice versa (Form 06 issued together with this Circular), serving as the basis for the Traffic Police Corps and provincial public security departments to issue Certificates of Modification.

Article 14. Issuing, Reissuing, and Renewing the Certificate of Technical Safety and Environmental Protection for Retrofitted Motor Vehicles

Clause 1. A retrofitted motor vehicle that has been inspected and found to meet technical safety and environmental protection requirements shall be issued a retrofit certificate.

In cases where multiple products of the same type and manufactured by the same entity under the same approved design documentation for retrofitted motor vehicles, the application for issuing a retrofit certificate shall include:

a) A written request from the retrofitting entity for issuance of the retrofit certificate;

b) The acceptance report upon completion of the retrofitted motor vehicle by the retrofitting entity;

c) A certified copy of the construction entity's documentation regarding technical specifications, origin certificates, or registration documents of the vehicle;

d) The quality inspection report on technical safety and environmental protection for the sample retrofitted motor vehicle.

Clause 2. If the retrofit certificate becomes blurred, damaged, or contains incorrect information, the entity owning the retrofitted vehicle must submit a written request and return the old retrofit certificate to the issuing authority to obtain a new one.

Clause 3. The retrofit certificate will be reissued in the following cases:

a) When the retrofit certificate expires, the entity owning the retrofitted vehicle must submit a written request to the issuing authority and return the certificate to have it reviewed and reissued;

b) When the retrofit certificate is lost, the entity owning the retrofitted vehicle must provide an explanation in writing and request the issuing authority to review and reissue the certificate.

Clause 4. Within seven working days from the date of receiving all necessary documents, the issuing entity must inspect, issue, reissue, or renew the retrofit certificate for the entity owning the retrofitted vehicle and the retrofitting entity.

Clause 5. The retrofit certificate is valid for twelve months from the date of issuance and is made in four copies with equal content and value, including: one copy for registration procedures, one copy for inspection procedures, one copy retained by the retrofitting entity, and one copy retained by the issuing authority.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS RELATED TO THE RETROFITTING OF MOTOR VEHICLES

Article 15. Responsibilities of the Traffic Police Department

Clause 1. Inspect and guide subordinate units of the Ministry of Public Security, provincial public security departments, design entities, and retrofitting entities in implementing this Circular.

Clause 2. Organize inspections and issue certificates of technical safety and environmental protection for retrofitted motor vehicles as stipulated in this Circular.

Clause 3. Summarize results, difficulties, and issues encountered during implementation; report to the Ministry of Public Security for resolution of specific cases within their assigned functions and responsibilities.

Article 16. Responsibilities of Provincial Public Security Departments

Clause 1. Inspect and guide subordinate units of the provincial public security department, design entities, and retrofitting entities in implementing this Circular.

Clause 2. Organize inspections and issue certificates of technical safety and environmental protection for retrofitted motor vehicles as stipulated in this Circular.

Clause 3. Advise and propose solutions to the Ministry of Public Security (through the Traffic Police Department) for resolving difficulties and issues related to the retrofitting of motor vehicles.

Article 17. Responsibilities of Public Security Units Owning Retrofitted Vehicles

Clause 1. Implement according to this Circular and relevant legal documents.

Clause 2. Bear responsibility before the Ministry of Public Security for selecting design and retrofitting entities in accordance with this Circular and other relevant laws.

Clause 3. Safeguard and store design documentation and the certificate of design approval for retrofitted motor vehicles in accordance with the file retention regulations of the Ministry of Public Security; complete registration and inspection procedures for retrofitted motor vehicles as required.

Clause 4. Train officers and soldiers in the unit on the use and maintenance of specialized equipment installed on the vehicle.

Article 18. Responsibilities of design units and vehicle modification units

1. Carry out the design and construction of vehicle modifications in accordance with the provisions of this Circular, national technical standards and regulations, and other relevant laws and regulations.

2. Provide guidance and training to units owning modified vehicles on how to use and maintain specialized equipment installed on the vehicles.

3. Preserve and store records of modified motor vehicles in accordance with the file retention regulations of the Ministry of Public Security.

Chapter IV

IMPLEMENTATION

Article 19. Effective Date

1. This Circular takes effect from January 20, 2022, and replaces Circular No. 16/2012/TT-BCA dated March 29, 2012, issued by the Minister of Public Security regarding the modification of motor vehicles within the People's Police force.

2. Certificates of design review for vehicle modifications and certificates of technical safety and environmental protection for modified motor vehicles issued before the date this Circular takes effect remain valid until their expiration date.

3. In cases where referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced documents.

Article 20. Responsibility for Implementation

1. The Director of the Traffic Police Department is responsible for directing, guiding, and inspecting the implementation of this Circular.

2. Heads of units under the Ministry of Public Security, Directors of provincial public security departments are responsible for implementing this Circular. During the implementation of this Circular, if any issues arise, local public security units shall report to the Ministry of Public Security (through the Traffic Police Department) for timely guidance.

During the implementation of this Circular, if any issues arise, local public security units shall report to the Ministry of Public Security (through the Traffic Police Department) for timely guidance./.