Decision No. 15/2005/QĐ-BGTVT Issuing Regulations on the Overhaul of Road Motor Vehicles

 

Pursuant to …; ISSUED BY THE MINISTER OF TRANSPORTATION

ISSUING REGULATIONS ON THE RECONSTRUCTION OF MOTOR VEHICLES

THE MINISTER OF TRANSPORTATION

Pursuant to the Road Traffic Law dated June 29, 2001;
Pursuant to the Ordinance on the Protection of Transport Works dated December 10, 1994;
Pursuant to the Government Decree No. 34/2003/NĐ-CP dated April 4, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Transport;
Pursuant to Decree No. 179/2004/NĐ-CP dated October 21, 2004 of the Government on State Management of Product Quality;
At the proposal of the Director of the Department of Science and Technology and the Director of the Vietnam Vehicle Inspection Agency,

DECISION:

Article 1. Issued herewith are the "Regulations on the Reconstruction of Motor Vehicles".

Article 2. These Regulations shall take effect fifteen days from the date of publication in the Official Gazette and shall supersede Decision No. 1362/2000/QĐ-BGTVT dated May 29, 2000 and Decision No. 1280/2002/QĐ-BGTVT dated May 26, 2002 of the Minister of Transport. All previous regulations that conflict with these Regulations are hereby abolished.

Article 3. The Heads of the Office, Department Heads of Science and Technology, Legal Affairs, Transportation, Vietnam Vehicle Inspection Authority, Vietnam Road Administration, Directors of Provincial Departments of Transport and Traffic Police, and Heads of relevant units shall be responsible for implementing this Decision./.

 

 

REGULATIONS

On the Reconstruction of Motor Vehicles
(Issued together with Decision No.: 15/2005/QĐ-BGTVT dated February 15, 2005 of the Minister of Transport)

1. General Provisions

1.1. Scope and Applicability:

a) These provisions apply to organizations and individuals in the reconstruction of motor vehicles (hereinafter referred to as motor vehicles) that have registration plates or have been used and are permitted to be imported, except for motorcycles, motorbikes, lam cars, and motorized rickshaws.

b) These provisions do not apply to the reconstruction of motor vehicles used for military purposes by the Ministry of Defense and for ensuring public security and social order by the Ministry of Public Security.

1.2. Definitions in these provisions are understood as follows:

a) Motor vehicle means types of vehicles defined in TCVN 6211: 2003 "Road Transport Vehicles - Types - Terminology and Definitions".

b) System means:

- Power transmission system;

- Drive system;

- Suspension system;

- Braking system;

- Steering system;

- Fuel system;

c) Assembly means:

- Engine assembly;

- Frame assembly (chassis);

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

d) Change in usage function means altering the original purpose of the motor vehicle.

đ) Changing the system means altering part or all of the original system structure with another part or all of a similar system having equivalent technical performance.

e) Changing the assembly means replacing the original assembly with another assembly having equivalent technical performance.

g) Gross weight of the motor vehicle is the total weight of the motor vehicle itself and its load capacity.

h) Service life of the motor vehicle is the period calculated from the year of manufacture to the time of reconstruction.

i) Hazardous goods are goods that when transported on roads can cause harm to human life, health, environment, national security, and public order.

k) Passenger car is a vehicle whose structure and equipment are mainly designed for carrying people and their luggage.

1.3. Each motor vehicle may only undergo reconstruction or change in one of two main assemblies, either the engine or frame, and no more than three out of six systems or assemblies listed below:

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

b) Drive system (wheels, passive axle).

c) Suspension system.

d) Braking system.

đ) Steering system.

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

1.4. The gross weight of the motor vehicle after reconstruction must not exceed the maximum allowable gross weight according to the manufacturer's specifications.

1.5. It is prohibited to alter the usage function of motor vehicles that have been in use for over 15 years, except in cases where passenger cars and passenger-carrying vehicles are converted into general freight vehicles (trucks). Converting other types of motor vehicles into passenger cars is strictly forbidden. For imported special-purpose trucks, reconstruction cannot be carried out within five years from the date of registration.

2.  Design and Review of Design

2.1. The design unit must be a legal entity registered to engage in the business of designing motor vehicles in accordance with current laws.

2.2. The design dossier includes:

a) Technical drawings:

- General layout drawing of the motor vehicle after reconstruction;

- General layout drawing of the motor vehicle before reconstruction for comparison;

- Installation drawing of the reconstructed or replaced assembly or system;

- Drawings of parts that are reconstructed or replaced including both technological guidance and materials allowed for use during reconstruction or replacement.

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

b) Calculation explanations include the following contents:

- Introduction to the need for reconstruction;

- Basic technical characteristics of the motor vehicle before and after reconstruction;

- Implementation content and construction technology steps;

- Calculations of dynamic and dynamic characteristics related to the reconstruction content;

- Calculations of strength tests related to the reconstruction content;

- Necessary instructions for using the motor vehicle after reconstruction;

- Conclusion.

2.3. Review of Design

a) Review of design 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 the reconstructed motor vehicle.

Over-sized and overloaded motor vehicles that have registration plates and are currently in operation are permitted to undergo reconstruction according to specific guidelines.

b) The Vietnam Vehicle Inspection Authority is responsible for reviewing the following designs for reconstruction:

- Various types of trucks converted into:

+ Special-purpose trucks for transporting hazardous goods;

+ Tractor units;

+ Special-purpose trucks;

- Passenger buses with more than 25 seats (including the driver's seat);

- Semi-trailers and regular trailers converted into semi-trailers and special-purpose trailers;

- General-purpose trucks, special-purpose trucks, and special-purpose trucks converted into construction machinery and vice versa; construction machinery converted into different types of construction machinery;

- Changing the steering system, braking system, and fuel system.

c) The Departments of Transport (GTVT) and Public Works Transport (GTCC) are responsible for reviewing design modifications that include contents outside those specified in point b, Section 2.3.

d) The design review agency must have at least two mechanical engineers with at least five years of professional experience. In cases where the Departments of GTVT and GTCC do not meet these conditions, the design review task shall be assigned to the Vietnam Motor Vehicle Inspection Center to carry out.

đ) The design dossier, after being reviewed (must bear the seal of the design review agency), shall be kept by the design review agency for one copy and sent to the following agencies:

- The vehicle owner;

- The design entity;

- The unit carrying out the vehicle modification construction.

e) The design review period shall not exceed ten days from the date when all valid design dossiers are received. 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.

g) The design review agency is entitled to collect fees according to current regulations.

3. Construction and Modification

3.1. The construction and modification of motor vehicles must be carried out strictly in accordance with the approved design, ensuring quality, technical safety, and environmental protection standards at production facilities with legal personality and registered business operations in motor vehicle modification activities 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. Quality Inspection, Technical Safety, and Environmental Protection

4.1. Quality inspection, technical safety, and environmental protection for modified motor vehicles involve assessing the quality of modified motor vehicles based on the approved design dossier; inspecting and evaluating modified motor vehicles according to current standards. The inspection results are recorded in a report serving as the basis for issuing a Certificate of Quality for Modified Motor Vehicles.

4.2. The quality inspection, technical safety dossier includes:

a) A request letter from the construction and modification entity;

b) A copy of the business registration certificate of the construction and modification entity;

c) The reviewed design dossier;

d) A copy of the vehicle registration certificate or a copy of the imported used vehicle quality certificate without license plate registration;

đ) An acceptance report (KCS) of the production facility for products requiring acceptance.

4.3. The Vietnam Motor Vehicle Inspection Center is responsible for inspecting the quality, technical safety, and issuing the Certificate of Quality for Modified Motor Vehicles for vehicles specified in point b, Section 2.3.

4.4. The Departments of GTVT and GTCC where motor vehicles are constructed and modified are responsible for inspecting the quality, technical safety, and issuing the Certificate of Quality for Modified Motor Vehicles for vehicles according to designs reviewed by the Departments of GTVT and GTCC (including designs reviewed by the Vietnam Motor Vehicle Inspection Center as specified in point d, Section 2.3.), with the participation of local vehicle inspection representatives.

4.5. For motor vehicles constructed and modified according to the same reviewed design, after the first vehicle passes the quality and technical safety inspection, the quality inspection agency, based on specific conditions, allows the construction entity a limited time to self-inspect and accept subsequent vehicles produced by the same entity according to the reviewed design. After self-acceptance, the construction entity must submit the Acceptance Report (KCS) to the Vietnam Motor Vehicle Inspection Center or the Department of GTVT and GTCC to obtain the Certificate of Quality for Modified Motor Vehicles.

4.6. The Vietnam Motor Vehicle Inspection Center is responsible for centrally managing the templates for Certificates of Quality for Modified Motor Vehicles nationwide.

4.7. The construction entity is responsible for providing the vehicle owner with relevant technical files and the Certificate of Quality for Modified Motor Vehicles to complete the license plate registration process and technical safety and environmental protection inspections.

5. Implementation

5.1. The Director of the Vietnam Motor Vehicle Inspection Center is responsible for organizing, guiding, and supervising the implementation of this Regulation.

5.2. Approved designs, modified motor vehicles inspected for quality, technical safety, and environmental protection, and permitted to self-inspect, shall be implemented within the prescribed timeframe and shall not contravene this Regulation.

5.3. Annually in January and July, the Departments of GTVT and GTCC are responsible for compiling reports on the implementation of design review work and quality, technical safety, and environmental protection inspections for modified motor vehicles within their jurisdiction and submitting them to the Vietnam Motor Vehicle Inspection Center for consolidation and reporting to the Ministry of Transport./.