Decision No. 1362/2000/QD-BGTVT on regulations for the modification of road motor vehicles

Pursuant to …;

Issuing regulations on the renovation of motor vehicles

THE MINISTER OF TRANSPORTATION

Pursuant to item 4, Article 26 of the Traffic Safety Law promulgated by the President's Decree No. 38/L-CTN dated December 10, 1994;

Pursuant to 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;

Pursuant to item 2, Article 5 of Decree No. 36/CP dated May 29, 1995 of the Government on "Ensuring traffic order and safety on roads and urban traffic order and safety" and Article 16 of the Regulations on traffic order and safety on roads and urban traffic order and safety issued together with Decree No. 36/CP dated May 29, 1995 of the Government;

Pursuant to item 3, Article 3 and Item 4, Article 4 of Decree No. 86/CP dated December 8, 1995 of the Government on the division of responsibilities for state management of product quality;

Considering the proposals of the Heads of the Science and Technology Department and the Legal Affairs Department of the Transport Ministry;

DECISION:

Article 1. Now hereby issuing along with this Decision "Regulations on Renovation of Motor Vehicles";

Article 2. This Decision shall take effect fifteen days from the date of signature.

Abolishing Decision No. 1260/QĐ-KHKT-PCVT dated June 4, 1996 of the Ministry of Transport and the regulations issued together therewith; dated June 4, 1996 of the Ministry of Transport and the regulations issued together therewith.

Article 3. The Heads of the Ministry's Office, Heads of the Science and Technology Department, Heads of the Legal Affairs Department of the Transport Ministry, Directors of the Vietnam Road Administration, Directors of the Vietnam Vehicle Inspection Bureau, Directors of Provincial and Municipal Transport Departments, and Heads of related units shall be responsible for implementing this Decision according to their functions and duties.

REGULATIONS

On the Renovation of Motor Vehicles

(Issued together with Decision No.: 1362/2000/QĐBGTVT, dated May 29/2000

of the Ministry of Transport)

Chapter 1. GENERAL PROVISIONS

1.1. Renovation of motor vehicles (MV) refers to changing the usage function or altering the systems and assemblies of MVs that have been registered or imported used vehicles permitted for import.

1.2. Definitions in these provisions are understood as follows:

MVs refer to types of vehicles defined in TCVN 6211:1996 "Road Transport Vehicles - Technical Terms and Definitions".

System means:

Power transmission system.

Drive system.

Suspension system.

Braking system.

Steering system.

Assembly means:

Engine assembly.

Frame assembly (chassis).

Cab, body, or cargo box, self-dumping box.

Changing the usage function means altering the original purpose of the vehicle.

Altering the system means replacing part or all of the original system structure with another system having equivalent technical performance.

Replacing the assembly means substituting the original assembly with another having equivalent technical performance.

The total weight of MVs is the sum of the vehicle's own weight and its load capacity.

The service life of MVs is the period from the year of manufacture to the date of renovation.

Hazardous goods include explosive, flammable materials, and toxic chemicals.

1.3. Scope of application:

These regulations apply to all types of MVs undergoing renovation (as specified in Section 1.1), except motorcycles, two-wheeled, three-wheeled vehicles, lam cars, and motorized pedicabs.

These regulations do not apply to MVs used for military purposes by the Ministry of Defense and for security and social order purposes by the Ministry of Public Security.

1.4. It is not allowed to renovate MVs that have been in use for more than 15 years to change their usage function. Except for passenger cars that have been in use for no more than 20 years, which can be renovated into cargo trucks (excluding specialized cargo trucks).

Each MV may only undergo renovation or replacement of one of the two main assemblies, either the engine or frame, and no more than three out of six systems and assemblies listed below:

Power transmission system (clutch, gearbox, drive shaft, main power transmission).

Drive system (wheels, passive axle).

Suspension system.

Braking system.

Steering system.

Cab, body, or cargo box, self-dumping box.

16. The total weight of MVs after renovation must not exceed the total weight before renovation as specified by the manufacturer, except when the total weight increases due to changes in parts that are not suspended.

2. REGULATIONS ON DESIGN AND DESIGN REVIEW

2.1. Design units are entities with legal person status, registered to operate in the business of designing MV renovations in accordance with current laws.

2.2. The design dossier includes:

Technical drawings

General layout drawing of the vehicle after renovation;

General layout drawing of the vehicle before renovation for comparison;

Installation drawings of the systems and assemblies being renovated or replaced;

Drawings of components being renovated or replaced including guidance, technology, and materials permitted for use during renovation or replacement.

The technical drawings must be presented in accordance with current Vietnamese Standards.

Calculation explanations include the following contents:

Introduction to the need for renovation;

Basic technical characteristics of the vehicle before and after renovation;

Implementation details of the renovation and construction steps;

Calculations of dynamic and dynamic characteristics related to the renovation;

Calculations of strength tests related to the renovation;

Necessary instructions for using the vehicle after renovation;

Conclusion.

2.3. Review of Design

2.3.1. Design review involves examining, inspecting, and comparing the contents of the design dossier with current standards and regulations to ensure the quality, technical safety, and environmental protection of renovated MVs.

2.3.2. The Vietnam Road Administration is responsible for reviewing designs of the following renovations:

O Passenger cars over 25 seats, including the driver's seat.

O Specialized cargo trucks carrying hazardous goods.

O Crane trucks (excluding trucks with self-lifting cranes); fire trucks; high-reach trucks; tractor-trailers; specialized trucks carrying containers.

O Semi-trailers and trailers converted into semi-trailers and specialized trailers.

Cargo trucks converted into construction machinery and vice versa: construction machinery converted into different types of construction machinery.

O Changing the steering system and braking system.

Modify and change the steering system and braking system.

2.3.3. The Departments of Transport (GTVT) and Public Works (GTCC) shall be responsible for reviewing design modifications that fall outside the contents already specified in Section 2.3.2.

2.3.4. The design review agency must have at least two automotive mechanical engineers with a minimum of five years of professional experience. In cases where the Departments of Transport (GTVT) and Public Works (GTCC) do not meet these conditions, the design review task shall be assigned to the Vietnam Highway Corporation to carry out.

2.3.5. The design dossier, after being reviewed, must bear the seal of the design review agency and be submitted to the following agencies:

The design entity;

The design review agency;

The unit implementing the vehicle modification construction;

The quality and technical safety inspection agency.

2.3.6. The design review period shall not exceed ten days from the date of receipt of complete and valid design dossiers. In cases where the design review period needs to be extended due to requirements for supplementary or amended design dossiers, the design review agency must notify in writing and specify the reasons for the design entity to implement.

2.3.7. The design review agency is permitted to collect fees according to current regulations.

3. PROVISIONS ON CONSTRUCTION OF MODIFICATIONS

3.1. The construction of vehicle modifications must be carried out strictly in accordance with the reviewed design, ensuring quality and technical safety requirements at production facilities with legal personality, registered to operate in the business of vehicle modification in compliance with current laws.

3.2. Production facilities must conduct self-inspection of product quality (KCS) and bear responsibility for the quality of their products.

4. PROVISIONS ON QUALITY AND TECHNICAL SAFETY INSPECTION 4.1. Quality and technical safety inspection of modified vehicles involves examining and evaluating the quality of modified vehicles based on the reviewed design dossier; inspecting and evaluating modified vehicles according to current standards on technical safety and environmental protection. The results of the inspection process are recorded in a report to serve as the basis for issuing a Certificate of Vehicle Quality for modified vehicles.

A request letter from the construction modification entity;

4.2. The quality inspection, technical safety dossier includes:

A copy of the business registration of the construction modification entity;

The reviewed design dossier;

A copy of the vehicle registration certificate or a copy of the import documentation for used vehicles allowed to be imported without license plate registration;

An acceptance report (KCS) from the product manufacturing entity for products requiring acceptance.

4.3. The Vietnam Inspection Agency is the agency responsible for inspecting the quality and technical safety and issuing Certificates of Vehicle Quality for modified vehicles based on designs reviewed by the Vietnam Highway Corporation, with the participation of representatives from the agencies: Vietnam Highway Corporation, Department of Science and Technology of the Ministry of Transport, Departments of Transport (GTVT) and Public Works (GTCC)

in the locality where the vehicle modification construction takes place. The Vietnam Inspection Agency will only proceed with the quality and technical safety inspection of modified vehicles when at least two authorized representatives from the aforementioned three agencies participate. 4.4. The Departments of Transport (GTVT) and Public Works (GTCC)

in the locality where the vehicle modification construction takes place are responsible for inspecting the quality and technical safety and issuing Certificates of Vehicle Quality for modified vehicles based on designs reviewed by the Departments of Transport (GTVT) and Public Works (GTCC) (including designs reviewed by the Vietnam Highway Corporation instead of the Departments of Transport (GTVT) and Public Works (GTCC) that do not meet the conditions stipulated in Section 2.3.4), with the participation of representatives from the local Vehicle Inspection Station. 4.5. For modified vehicles constructed according to the same reviewed design, after the first vehicle passes the quality and technical safety inspection, the inspection agency may allow the construction entity to self-inspect and accept subsequent vehicles produced according to the reviewed design. After self-acceptance, the construction entity must submit the Acceptance Report (KCS) to the quality and technical safety inspection agency to obtain a Certificate of Vehicle Quality for the modified vehicle. The construction entity is responsible for the quality of its products.

4.6. The construction entity is responsible for providing the owner of the vehicle with relevant technical documents and Certificates of Quality and Technical Safety for the modified vehicle to facilitate license plate registration and technical safety inspection procedures.

4.7. The Departments of Transport (GTVT) and Public Works (GTCC)

are responsible for compiling and reporting on the implementation of design review and quality and technical safety inspection work for modified vehicles within their jurisdiction to the Vietnam Highway Corporation and the Vietnam Inspection Agency every June and December. 4.8. The Vietnam Highway Corporation and the Vietnam Inspection Agency are responsible for compiling and reporting on the implementation of design review and quality and technical safety inspection work for modified vehicles to the Ministry of Transport (through the Department of Science and Technology) every June and December./.

4.8. The Vietnam Highway Administration and the Vietnam Compulsory Inspection Agency shall compile and report on the implementation status of design review work and quality and technical safety inspection of CGĐB vehicles to the Ministry of Transport (through the Department of Science and Technology) in June and December each year./.