Circular No. 135/PC-KHKT guiding the technical inspection and issuance of permits for the circulation of motor vehicles on roads

CIRCULAR

OF THE MINISTRY OF TRANSPORT

NUMBER: 135/PC-KHKT DATE: JUNE 27, 1995

GUIDELINES FOR TECHNICAL INSPECTION AND ISSUANCE OF PERMITS FOR CIRCULATION OF MOTOR VEHICLES ON ROADS

- BASED ON Decree No. 22/CP dated March 22, 1994 of the Government stipulating the tasks, powers, responsibilities for state management and organizational structure of the Ministry of Transport.

- BASED ON Decree No. 36/CP dated May 29, 1995 of the Government on ensuring traffic order and safety on roads and urban areas.

The Ministry of Transport hereby provides guidelines for technical inspection and issuance of permits for circulation of motor vehicles on roads as follows:

To ensure the technical safety standards of motor vehicles participating in road and urban traffic, to maintain traffic order and safety, protect the environment and infrastructure, and manage and operate the road transport network effectively, the State mandates periodic technical safety inspections (hereinafter referred to as technical inspections) and issuance of circulation permits for motor vehicles on roads.

PART I

GENERAL PROVISIONS

Article 1:

All motor vehicles belonging to organizations and individuals, both Vietnamese and foreigners residing in the Socialist Republic of Vietnam, participating in road and urban traffic must undergo technical inspections. If they meet the technical safety standards set forth by the Ministry of Transport, they will be eligible for issuance of circulation permits by competent state authorities.

Article 2:

The terms used in this Circular are understood as follows:

Article 3:

1. Motor vehicles on roads are self-propelled vehicles with engines designed to carry passengers, goods, equipment, and trailers such as semi-trailers or flatbed trailers.

2. Inspection cycle refers to the period between two consecutive technical inspections, measured in months.

3. New vehicles refer to newly manufactured vehicles that have not been put into use.

4. Used vehicles refer to vehicles that have participated in traffic or have been modified using previously used assemblies, including those imported from abroad.

TECHNICAL INSPECTION OF MOTOR VEHICLES ON ROADS

PART II

The following types of motor vehicles must undergo technical inspections after registration and issuance of license plates:

Article 4:

1. All types of automobiles, including those towing semi-trailers, flatbed trailers, or flatbeds.

2. Tractors and specialized vehicles.

3. Cyclo-motorbikes and similar vehicles.

4. Various types of motorized tricycles.

The items, requirements, and procedures for technical inspections of motor vehicles on roads must comply with the technical safety standards for motor vehicles on roads and other relevant regulations issued by the Ministry of Transport.

Article 5:

Motor vehicles on roads must undergo technical inspections according to their inspection cycles.

Article 6:

There are two types of inspection cycles, defined as follows:

a. "Initial cycle" is the period between the first and second technical inspections for new vehicles.

b. "Regular cycle" is the period between two consecutive technical inspections (excluding the initial cycle for new vehicles), applicable to used vehicles.

The technical inspection cycle for motor vehicles on roads is specified in the technical safety standards for motor vehicles on roads issued by the Ministry of Transport.

1. In accordance with the technical inspection cycle, the vehicle owner (or driver) is responsible for bringing the vehicle to a Vehicle Inspection Station authorized by the competent authority of the Ministry of Transport to undergo technical inspections.

Article 7:

2. In case the vehicle is damaged and unable to participate in traffic without timely repair to undergo technical inspections, the vehicle owner (or driver) must promptly report to the authority that issued the circulation permit for the vehicle.

At least seven days before the expiration date indicated on the circulation permit, the vehicle owner (or driver) must bring the vehicle for technical inspections.

3. NH PHÓState management over the field of technical inspections of motor vehicles on roads is assigned as follows:

Article 8:

A. Vietnam Road Administration:

1. Develop technical safety standards for motor vehicles on roads to submit to the Ministry of Transport for promulgation.

2. Develop the technical inspection cycle for motor vehicles on roads to submit to the Ministry of Transport for promulgation.

3. Regularly summarize and evaluate the implementation of these standards and propose supplements to the standards and inspection systems to report to the Ministry of Transport for decision.

B. Vietnam Vehicle Inspection Administration:

1. Organize and manage the professional activities of centers and Vehicle Inspection Stations under its jurisdiction and those under the provincial Departments of Transport and Public Works, to form a unified national network of vehicle inspection stations.

2. Take the lead in inspecting and certifying the qualifications of Vehicle Inspection Stations to issue permits for them to operate according to the分级无法显示完整内容，以下是完整的翻译：

conduct business based on the classification by the Minister of Transport.

Article 9:

1. The network of technical inspection stations for motor vehicles includes:

a. Vehicle Inspection Centers and Vehicle Inspection Stations directly under the Vietnam Vehicle Inspection Administration.

b. Vehicle Inspection Stations under the provincial Departments of Transport and Public Works.

2. These Vehicle Inspection Stations operate as public service enterprises specializing in technical inspections of motor vehicles, and shall not engage in the sale of motor vehicles, spare parts, accessories, technical materials, or maintenance and repair services; they shall maintain independent accounting records and seals.

3. Technical inspection stations for motor vehicles may charge fees for inspections according to the rates prescribed by the State.

Article 10:

The Vietnam Vehicle Inspection Administration shall implement:

1. Uniform regulations and management over the types, standards, and quality of technical inspection equipment for motor vehicles.

2. Uniformly regulate, manage, and issue forms and seals related to technical inspection of motor vehicles on roads.

3. Uniformly regulate and manage the system for collecting and storing results of technical inspections and equipment used for this work.

4. Uniformly manage technical inspection certificates.

CHAPTER III

ISSUING LICENSES FOR MOTOR VEHICLES TO OPERATE ON ROADS

Article 11:

All vehicles participating in road traffic must be examined and issued operating licenses by specialized traffic management agencies, except those exempted from obtaining such licenses according to regulations.

Article 12:

The Ministry of Transport shall stipulate conditions, contents, and procedures for issuing Operating Licenses upon the proposal of the Vietnam Highway Administration.

Article 13:

1. The Vietnam Highway Administration uniformly manages the issuance of operating licenses for motor vehicles nationwide, specifically:

a. Guide provincial Departments of Transportation and Departments of Transportation and Public Works on professional matters regarding examination and issuance of operating licenses.

b. Uniformly manage printing and issuing templates of Operating Licenses used nationwide.

c. Uniformly manage application files and procedures for issuing Operating Licenses (including technical inspection results of vehicles granted operating licenses).

d. Supervise and inspect the issuance of operating licenses.

2. Directors of provincial Departments of Transportation and Departments of Transportation and Public Works at centrally governed cities and provinces organize the issuance of operating licenses for registered motor vehicles with local license plates, excluding the following categories which are issued Operating Licenses by the Vietnam Highway Administration:

a. Vehicles belonging to foreign representative offices, international organizations, and diplomatic missions in Hanoi.

b. Vehicles of Party and State leadership agencies.

c. Foreign vehicles entering Vietnamese territory.

Article 14:

In cases where the Operating License is lost or damaged, the following actions shall be taken:

1. If there is a legitimate verification of the cause of loss or damage of the Operating License and the remaining validity period is at least one-third of the validity period stated on the lost license, a new Operating License will be issued for the remaining period.

2. Other cases must go through the licensing procedure.

Article 15:

1. In cases of violations leading to the revocation of the Operating License pursuant to the decision of traffic police or competent authorities, the vehicle owner (or driver) must promptly report to the licensing authority. If it is discovered that the vehicle owner (or driver) abuses Article 44 to make false declarations and reapply for a license, they will be dealt with according to the law.

2. If the issuing authority discovers violations in declaration of application files or technical inspections, they will notify the revocation of the Operating License.

Within seven days from the date of notification, the vehicle owner (or driver) must return the Operating License to the issuing authority.

3. Motor vehicles whose Operating Licenses have been revoked may not operate on roads or urban areas under any circumstances. The vehicle owner (or driver) must protect the vehicle from being operated.

Article 16:

The vehicle owner (or driver) must pay the fee for applying for an Operating License to the examining authority.

The level of the fee for applying for an Operating License is determined by the Ministry of Finance upon the proposal of the Ministry of Transport.

PART IV

ARTICLE IMPLEMENTATION PROVISIONS

Article 17:

As of August 1, 1995, the Vietnam Highway Administration shall be responsible for guiding and organizing the issuance of permits for the operation of motor vehicles at its own office and at the Departments of Transport and the Departments of Transport and Public Works.

Permits for operation issued by the Ministry of Home Affairs before July 31, 1995 shall remain valid according to the period of validity indicated on the permit.

The Vietnam Highway Administration shall specify detailed regulations for implementing the issuance of permits for the operation of foreign vehicles entering the territory of Vietnam.

The Vietnam Highway Administration shall be responsible for guiding and implementing this Circular.

Article 18:

As of August 1, 1995, the Vietnam Vehicle Inspection Agency shall be responsible for organizing and guiding the implementation of technical inspections of motor vehicles, and supervising the activities of vehicle inspection stations.

Article 19:

This Circular shall take effect from August 1, 1995. All previous provisions regarding periodic safety inspections of motor vehicles (vehicle examinations) shall cease to be effective as of July 31, 1995.

Article 20:

The Heads of the Office, the Heads of the Legal Affairs Department - Transportation, Science and Technology Department, the Directors of the Vietnam Highway Administration, the Directors of the Vietnam Vehicle Inspection Agency, and the Directors of the Departments of Transport and the Departments of Transport and Public Works shall be responsible for implementing this Circular.