Circular No. 16/2022/TT-BGTVT Amending and Supplementing Certain Provisions of Circulars in the Field of Vehicle Inspection

CIRCULAR

Amending and supplementing some articles of Circularsin the field of inspection

 

 

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;

On the basis of Maritime Code of Vietnam dated November 25, 2015;

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

Pursuant to the Law amending and supplementing some articles of the Waterway Transport Law domestic dated June 17, 2014;

On the basis of The Law on Product and Commodity Quality dated November 21, 2007;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Science and Technology Department and the Director of the Vietnam Vehicle Inspection Agency;

The Minister of Transport hereby issues this Circular. amending and supplementing some articles of Circulars in the field of inspection.

1. Amending and supplementing Clause 1 of Article 4 as follows:

"a) The original (for cases submitting applications directly or through the postal system) or electronic version (for cases submitting applications through the online public service system) of the technical design description of motor vehicles according to Section A of Appendix II issued together with this Circular;b) The original (for cases submitting applications directly or through the postal system) or electronic version (for cases submitting applications through the online public service system) of the technical drawings according to Section B of Appendix II issued together with this Circular;c) An authenticated copy (for cases submitting applications directly or through the postal system) or electronic copy (for cases submitting applications through the online public service system) of the specifications and technical features of assemblies and systems related to the design calculation."

"4. The members of the Supervisory Council for the destruction of damaged printed and minted currency include:

"4. The design institution receives the results of the design review including:a) In case of receiving directly at the headquarters of the Inspection Authority or through the postal system: One Design Review Certificate; the technical design description and technical drawings (one set if the design institution is also the production facility or two sets if the design institution is different from the production facility) of the design dossier.b) In case of receiving through the online public service system: the electronic version of the Design Review Certificate; the electronic versions of the technical design description and technical drawings of the design dossier."

3. Amending and supplementing the first bullet point under point a, Clause 6, Article 5 as follows:

"- The design institution or the production facility for cases meeting the conditions to design products (hereinafter collectively referred to as the design institution) shall prepare one set of application documents for design review in accordance with the regulations and submit them directly or through the postal system or the online public service system to the Vietnam Registration Agency."

4. Amending and supplementing points b, c, and d, Clause 6, Article 5 as follows:

a) Amending and supplementing point b, Clause 6, Article 5 as follows:

"b) Implementation method: the design institution submits the application documents for design review and receives the results directly at the headquarters of the Vietnam Registration Agency or through the postal system or the online public service system."

b) Amending and supplementing point c, Clause 6, Article 5 as follows:

"Application documents for design review:- One original or electronic form of the request for design review; - One design dossier in accordance with Clause 1, Article 4 of this Circular when submitting the application through the online public service system. For direct submission or submission via postal service: in addition to submitting one design dossier in accordance with Clause 1, Article 4 of this Circular, another set of documents in accordance with point a and point b, Clause 1, Article 4 of this Circular must be submitted (or two sets for cases where the design institution is different from the production facility)."

c) Amending and supplementing point d, Clause 6, Article 5 as follows:

"d) Time limit for resolution: The design content review will be conducted within eight working days from the date of receipt of complete application documents in accordance with the regulations. If the design dossier meets the requirements (the design dossier is satisfactory), the Vietnam Registration Agency will issue the Design Review Certificate according to the model specified in Appendix III issued together with this Circular within three working days from the date of the satisfactory design dossier review result."

5. Amending and supplementing Article 7 of Circular No. 30/2011/TT-BGTVT amended by Clause 4, Article 1 of Circular No. 54/2014/TT-BGTVT as follows:

"Article 7. Product inspection files

1. Files for inspecting parts (which fall under the objects subject to inspection as stipulated in Appendix IV issued together with this Circular) include:

a) A certified copy (for cases submitting applications directly or through the postal system) or an electronic copy (for cases submitting applications through the online public service system) of the report on part testing results;

b) A copy (for cases submitting applications directly or through the postal system) or an electronic version (for cases submitting applications through the online public service system) of the technical drawings along with product specifications; a copy (for cases submitting applications directly or through the postal system) or an electronic form (for cases submitting applications through the online public service system) of the registration of technical specifications according to national technical standards and regulations;

c) Photographs of the product with certification from the institution (for cases submitting applications directly or through the postal system) or electronic photographs of the product (for cases submitting applications through the online public service system); the original (for cases submitting applications directly or through the postal system) or an electronic version (for cases submitting applications through the online public service system) of the description of symbols and serial numbers on the product (if any);

Exemption from submitting documents specified in points a and b shall apply to cases where imported parts are provided with certification documents issued by competent authorities abroad, attached with a test report indicating that the imported parts comply with the United Nations Economic Commission for Europe (UNECE) regulations equivalent or higher than the national technical standards, and conformity assessment documentation (Conformity of Production - COP) issued by competent foreign authorities or independent organizations recognized by such authorities and still valid according to UNECE regulations.

2. The inspection dossier for motor vehicles includes:

a) A certified copy by the production facility (in cases of direct submission or through postal services) or an electronic copy (in cases of submission through online public service systems) of the report on testing results regarding technical safety quality and environmental protection in accordance with current national technical regulations and standards for motor vehicles;

b) A certified copy by the production facility (in cases of direct submission or through postal services) or an electronic copy (in cases of submission through online public service systems) of the certificate of design approval, technical design description, and technical drawings of the design dossier which have been reviewed by the Competent Authority, or alternative documents prescribed in Clause 2, Article 4 of this Circular;

c) Photographs of the appearance confirmed by the production facility (in cases of direct submission or through postal services) or electronic photographs of the appearance (in cases of submission through online public service systems); the original (in cases of direct submission or through postal services) technical specification registration form according to the model prescribed in Appendix V issued together with this Circular or an electronic form (in cases of submission through online public service systems) technical specification registration form;

d) The original (in cases of direct submission or through postal services) or an electronic form (in cases of submission through online public service systems) statistical form of domestic and imported assemblies and systems used for production and assembly of products according to the model prescribed in Appendix VI issued together with this Circular or an electronic form (in cases of submission through online public service systems) statistical form of domestic and imported assemblies and systems used for production and assembly of products;

đ) The original (in cases of direct submission or through postal services) or an electronic form (in cases of submission through online public service systems) description of the method and location of chassis number and engine number stamping (for vehicles produced and assembled from complete units, systems, and separate parts);

3. The product inspection dossier must be stored at the Competent Authority as prescribed and retained by the production facility for at least two years from the date the production facility notifies the Competent Authority of ceasing production and assembly of the approved product type.

6. Amend and supplement the first bullet point of point a, Clause 2, Article 9 as follows:

"- The production facility establishes the product inspection dossier in accordance with Clause 1 or Clause 2, Article 7 of this Circular and submits it directly, through postal services, through online public service systems, or through other appropriate means to the Competent Authority."

7. Amend and supplement point b, Clause 2, Article 9 as follows:

"b) Implementation method: The production facility submits the product inspection dossier and receives the result directly at the Vietnam Vehicle Inspection Agency headquarters or through postal services, through online public service systems, or through other appropriate means."

8. Amend and supplement point d, Clause 2, Article 9 as follows:

"d) Processing time limit: The Certificate will be issued within three working days from the date of completion and compliance of the dossier review and having a satisfactory COP assessment result."

Article 2. Amend and supplement some Articles of Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on the inspection of vehicle quality, technical safety, and environmental protection for imported motor vehicles (hereinafter referred to as Circular No. 31/2011/TT-BGTVT) and Circular No. 55/2014/TT-BGTVT dated October 20, 2014 of the Minister of Transport amending and supplementing some Articles of Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on the inspection of vehicle quality, technical safety, and environmental protection for imported motor vehicles (hereinafter referred to as Circular No. 55/2014/TT-BGTVT) and Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of the Minister of Transport amending and supplementing some Articles of the Circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT).

1. Add Clause 8 to Article 6 of Circular No. 31/2011/TT-BGTVT which has been amended by Clause 2, Article 1 of Circular No. 55/2014/TT-BGTVT as follows:

"8. The components of the dossier prescribed in Clauses 1, 2, and 3 of this Article may be substituted with electronic versions instead of paper versions when procedures are carried out through the online public service system."

2. Amend and supplement Point a and Point b of Clause 1, Article 10 of Circular No. 31/2011/TT-BGTVT which has been amended and supplemented by Clause 2, Article 4 of Circular No. 42/2018/TT-BGTVT as follows:

a) Amend and supplement Point a of Clause 1, Article 10 as follows:

"a) The organization or individual importing shall prepare one set of registration dossier for inspection in accordance with Article 6 of this Circular and submit it to the Inspection Authority either directly, via postal services, or through the online public service system."

b) Amend and supplement Point b of Clause 1, Article 10 as follows:

"b) The Inspection Authority shall accept and review the contents of the registration dossier for inspection, notify the results to the organization or individual importing within one working day. In case the registration dossier for inspection is complete according to regulations, the Inspection Authority shall confirm on the Registration Form for Inspection. In case the registration dossier for inspection is incomplete according to regulations, the Inspection Authority shall return the dossier and guide the organization or individual importing to supplement and perfect it. The Inspection Authority shall agree with the organization or individual importing on the time and place of inspection. The inspection time shall not exceed three working days from the date of request for inspection by the organization or individual importing."

3. Add Clause 4 to Article 10 as follows:

"4. The organization or individual importing shall receive the results directly at the office of the Inspection Authority or via postal services or through the online public service system."

Article 3. Amend and supplement some Articles of Circular No. 33/2011/TT-BGTVT dated April 19, 2011 of the Minister of Transport on the procedures for issuing certificates of quality, technical safety, and environmental protection for marine equipment and facilities for oil exploration, exploitation, and transportation (hereinafter referred to as Circular No. 33/2011/TT-BGTVT)

1. Amend and supplement Clause 2 of Article 5 as follows:

"2. Implementation methods

a) The design entity shall submit the dossier directly or via postal services or through the online public service system or other appropriate methods to the Inspection Authority.

b) The design entity shall receive the results directly or via postal services or through the online public service system or other appropriate methods or at the Inspection Authority that reviews the design."

"3. During the implementation process, if any difficulties arise, organizations and individuals involved should report to the Ministry of Industry and Trade for timely guidance and resolution."

"3. Regulations on the design dossier One set of dossier includes:

a) In case the design entity submits directly or via postal services or other appropriate methods: one copy of the design approval request form according to Model III attached to this Circular; three copies of marine construction design documents;

b) In case the design entity submits through the online public service system: one electronic form of the design approval request according to Model III attached to this Circular and one (one) set of design documents in electronic format;

c) The quantity and content of marine construction design documents are detailed in relevant technical regulations, standards, and international conventions applicable to each type of marine construction mentioned in Appendix I attached to this Circular and presented according to current regulations."

1. Amend and supplement Article 5 as follows:

Article 5. Application for registration of product type quality certification The application for registration of product type quality certification (hereinafter referred to as the application for registration of certification) includes:

1. Application for registration of certification for parts (excluding imported complete engines) includes:

a) Original (for cases where the application is submitted directly or through the postal system) or electronic form (for cases where the application is submitted through the online public service system) technical specification registration form accompanied by technical drawings showing main dimensions, materials used, and product photographs; original (for cases where the application is submitted directly or through the postal system) or electronic form (for cases where the application is submitted through the online public service system) explanation of symbols and numbers marked on the product (if applicable);

b) Certified copy (for cases where the application is submitted directly or through the postal system) or electronic copy (for cases where the application is submitted through the online public service system) test result report from the Testing Facility;

c) Original (for cases where the application is submitted directly or through the postal system) list of major parts used for engine assembly (for products that are engines) according to Model II attached to this Circular or electronic form list of major parts used for engine assembly (for cases where the application is submitted through the online public service system); Documentation replacing the content required by point b of this clause in cases where parts are imported from abroad with certified copies of Product Type Quality Certificates issued by the competent authority of the exporting country in accordance with current national technical standards.

2. Application for registration of certification for vehicles includes:

a) Original (for cases where the application is submitted directly or through the postal system) technical specification registration form according to Model III attached to this Circular or electronic form technical specification registration form (for cases where the application is submitted through the online public service system);

b) Certified copy (for cases where the application is submitted directly or through the postal system) or electronic copy (for cases where the application is submitted through the online public service system) vehicle test result report from the Testing Facility;

c) Original (for cases where the application is submitted directly or through the postal system) or electronic form (for cases where the application is submitted through the online public service system) explanation of the method and location of chassis number and engine number marking according to Model IV attached to this Circular;

d) Original (for cases where the application is submitted directly or through the postal system) or list of major parts used for vehicle assembly according to Model V attached to this Circular or electronic form list of major parts used for vehicle assembly (for cases where the application is submitted through the online public service system);

đ) Original (for cases where the application is submitted directly or through the postal system) or electronic form (for cases where the application is submitted through the online public service system) commitment from the Production Facility regarding the non-infringement of protected industrial property rights in the certified product type and the enterprise's responsibility under the law if infringement occurs.

2. Amend and supplement Clause 1, Article 7 as follows:

"1. The Production Facility shall prepare one set of application for registration of certification in accordance with Clause 1 or Clause 2 of Article 5 of this Circular and submit it directly, through the postal system, through the online public service system, or through other appropriate means to the Quality Control Authority."

4. Amending Clause 1 and Clause 2, Article 8 as follows:

"4. The Production Facility shall receive the Certificate of Registration directly at the Quality Control Authority's office, through the postal system, through the online public service system, or through other appropriate means."

4. Replace Appendix I of Circular No. 45/2012/TT-BGTVT with Appendix I promulgated together with this Circular.

1. Amending and supplementing Clause 1 of Article 5 as follows:

"1. The registration dossier for quality safety technical certification of vehicles produced and assembled includes:

a) The original (for cases where the dossier is submitted directly or through postal service) technical specification registration form of the vehicle according to the model prescribed in Appendix I attached to this Circular or electronic registration form of technical specifications of the vehicle (for cases where the dossier is submitted through online public service system);

b) A certified copy by the production facility (for cases where the dossier is submitted directly or through postal service) or an electronic copy (for cases where the dossier is submitted through online public service system) of the test report of the Testing Facility;

c) User guide including main technical specifications, usage methods of vehicle equipment, fire safety and environmental protection guidelines, and the warranty certificate (clearly stating conditions and addresses of warranty facilities) or electronic documents as mentioned above (for cases where the dossier is submitted through online public service system);

d) The original (for cases where the dossier is submitted directly or through postal service) or an electronic version (for cases where the dossier is submitted through online public service system) of the production facility's commitment regarding the proposed certified vehicle type not infringing industrial property rights currently protected and the enterprise will bear responsibility according to the law if infringement occurs;

đ) The original (for cases where the dossier is submitted directly or through postal service) or an electronic version (for cases where the dossier is submitted through online public service system) of the product label description, including: size, content, and position on the vehicle. The product label must include at least the following information: Name and address of the production facility; brand; type number; gross weight; number of passengers allowed; engine power; approved type approval certificate number; year of manufacture; origin."

2. Amend and supplement point a, clause 1, Article 8 as follows:

"a) The production facility shall prepare one set of application documents for the registration and certification of the quality and safety type approval of vehicles (registration and certification application documents) in accordance with Clause 1, Article 5 of this Circular and submit them directly, through the postal service, through the online public service system, or by other appropriate means to the Competent Authority."

3. Supplement point d, clause 1, Article 8 as follows:

"d) The production facility receives the Certificate directly at the Quality Control Agency's office or through postal service or through online public service system or through other appropriate forms."

4. Amend and supplement point a, point b, point c, clause 2, Article 8 of Circular No. 41/2013/TT-BGTVT which has been amended by clause 3, Article 5 of Circular No. 42/2018/TT-BGTVT as follows:

a) Amend and supplement point a, clause 2, Article 8 as follows:

"a) The import facility establishes one set of registration dossier for inspection in accordance with clause 2, Article 5 of this Circular and submits it to the Quality Control Agency either directly or through postal service or through online public service system."

b) Amend and supplement point b, clause 2, Article 8 as follows:

"b) The Quality Control Agency receives and checks the content of the inspection registration dossier, and informs the import facility of the result within one working day. If the inspection registration dossier is complete as required, the Quality Control Agency confirms the Inspection Registration Form. If the inspection registration dossier is incomplete as required, the Quality Control Agency returns the dossier and guides the import facility to supplement and perfect it.

c) Amend and supplement point c, clause 2, Article 8 as follows:

"c) The Quality Control Agency conducts inspection and reviews the test results of the vehicle in accordance with Article 7 of this Circular. If the requirements are not met, within four working days from the end of the inspection, notify the import facility to rectify; if the import facility does not take corrective measures within thirty days from the notification date, notify non-compliance with the import quality according to the model prescribed in Appendix IIIc attached to this Circular. If the requirements are met, issue the Certificate according to the model prescribed in Appendix IIIb issued together with this Circular within four working days from the date of satisfactory inspection results."

"a) The production facility establishes one set of registration dossier for quality safety technical certification of vehicle types (certification registration dossier) in accordance with clause 1, Article 5 of this Circular and submits it directly or through postal service or through online public service system or through other appropriate forms to the Quality Control Agency."

1. Amend and supplement Article 5 as follows:

"1. Registration dossier for certification of parts (excluding imported complete engines):

a) Original (for cases where the application is submitted directly or through the postal system) or electronic form (for cases where the application is submitted through the online public service system) technical specification registration form accompanied by technical drawings showing main dimensions, materials used, and product photographs; original (for cases where the application is submitted directly or through the postal system) or electronic form (for cases where the application is submitted through the online public service system) explanation of symbols and numbers marked on the product (if applicable);

b) Certified copy (for cases where the application is submitted directly or through the postal system) or electronic copy (for cases where the application is submitted through the online public service system) test result report from the Testing Facility;

c) Original (in case of direct submission or submission through postal service) list of main parts used for engine assembly (in case of product being an engine) according to the form prescribed in Appendix III attached hereto or electronic form of the list of main parts used for engine assembly (in case of submission through online public service system).

2. Registration dossier for certification of Vehicles:

a) Original (in case of direct submission or submission through postal service) technical specification registration form according to the form prescribed in Appendix IV attached hereto or electronic form of the technical specification registration form (in case of submission through online public service system);

b) Certified copy by the production facility (in case of direct submission or submission through postal service) or electronic copy (in case of submission through online public service system) of the test report by the testing facility;

c) Original (in case of direct submission or submission through postal service) or electronic form (in case of submission through online public service system) list of main parts used for vehicle assembly according to the form prescribed in Appendix V attached hereto or electronic form of the list of main parts used for vehicle assembly (in case of submission through online public service system);

d) Original (in case of direct submission or submission through postal service) or electronic form (in case of submission through online public service system) commitment letter from the production facility regarding the non-infringement of industrial property rights currently protected and the production facility will bear responsibility under the law if infringement occurs."

2. Amend and supplement Clause 1, Article 7 as follows:

"1. The Production Facility shall prepare one set of application for registration of certification in accordance with Clause 1 or Clause 2 of Article 5 of this Circular and submit it directly, through the postal system, through the online public service system, or through other appropriate means to the Quality Control Authority."

4. Amending Clause 1 and Clause 2, Article 8 as follows:

"4. The production facility may receive the Certificate directly at the headquarters of the Vietnam Motor Vehicle Inspection Agency or through postal service or through online public service system or other appropriate forms."

1. Amend and supplement Article 5 as follows:

"Article 5. Design dossier for modified motor vehicles The design dossier for modified motor vehicles includes:

1. Original (in case of direct submission or submission through postal service) or electronic document (in case of submission through online public service system) technical description of the modified motor vehicle according to Section A of Appendix I attached hereto;

2. Original (in case of direct submission or submission through postal service) or electronic document (in case of submission through online public service system) technical drawing according to Section B of Appendix I attached hereto."

2. Amend and supplement Clause 4 of Article 7 as follows:

"4. Dossier for requesting design review includes:

a) Request for design review original or electronic form (in case of submission through online public service system) according to the form prescribed in Appendix III attached hereto;

b) Two sets of design dossier (in case of direct submission at the design review authority's office or submission through postal service) or one set of electronic dossier (in case of submission through online public service system) with components as stipulated in Article 5 of this Circular;

c) Certified copy by the design unit or electronic copy (in case of submission through online public service system) of technical data and features of the modified motor vehicle and its modified assemblies and systems;

d) Certified copy by the design unit or electronic copy (in case of submission through online public service system) of one of the following documents: Vehicle Registration Certificate; Transfer and Movement Form (in case of undergoing transfer or movement procedures); Certificate of Technical Quality and Environmental Protection for Imported Motor Vehicles or importation completion documents (for used imported motor vehicles without registration plates)."

3. Amending and supplementing Point d Clause 5 Article 7 as follows:

"d) Organizations and individuals may submit the dossier and receive results directly at the design review authority's office or through postal service or through online public service system."

4. Amending and supplementing Clause 6 Article 7 as follows:

"6. Approved design dossier and original Design Review Certificate are kept at the design review authority one set, acceptance authority one set; approved design dossier (certified copy by the design unit) and original Design Review Certificate are kept at the design facility one set, construction facility one set in case of direct submission and result delivery or through postal service;"

5. Amending and supplementing Point b Clause 7 Article 10 as follows:

"b) Original reviewed design or electronic reviewed design (in case of design review results delivered through online public service system). In cases exempted from design as stipulated in Clause 3, Clause 4 and Clause 6 Article 6 of this Circular, there must be an overall drawing of the modified motor vehicle after modification prepared by the modification facility;"

6. Amending and supplementing Point c Clause 6 Article 11 as follows:

"c) If the dossier is complete as prescribed, the acceptance authority shall conduct acceptance of the modified motor vehicle. If the acceptance result meets the requirements, the Modification Certificate will be issued to organizations and individuals within three working days from the end of the acceptance process. If not issued, the acceptance authority shall notify in writing and specify the reasons to the organization or individual on the next working day after receiving the acceptance result."

1. Amend and supplement Article 5 as follows:

"Article 5. Documents for registering quality certification of vehicle types The documents for registering quality certification of vehicle types (hereinafter collectively referred to as registration certification documents) include:

1. Original (for cases where the application is submitted directly or through the postal system) the vehicle technical specification registration form according to the model prescribed in Appendix II attached hereto or electronic form (for cases where the application is submitted through the online public service system) the vehicle technical specification registration form.

2. Certified copy from the production facility (for cases where the application is submitted directly or through the postal system) or electronic copy (for cases where the application is submitted through the online public service system) report on the results of vehicle inspection and testing. 3. Original (for cases where the application is submitted directly or through the postal system) or electronic version (for cases where the application is submitted through the online public service system) commitment of the production facility regarding the fact that the proposed certified vehicle type does not infringe upon protected intellectual property rights and the production facility shall bear responsibility according to the law if there is any dispute over intellectual property rights."

2. Amend and supplement Clause 1, Article 7 as follows:

"1. The production facility prepares one set of registration certification documents in accordance with Article 5 of this Circular and submits it directly or through the postal system or through the online public service system or by other appropriate means to the Vietnam Vehicle Inspection Agency."

4. Amending Clause 1 and Clause 2, Article 8 as follows:

"4. The production facility receives the Certificate directly at the office of the Vietnam Vehicle Inspection Agency or through the postal system or through the online public service system or by other appropriate means."

4. Supplement Clause 4 of Article 10 as follows:

"4. The components of the documents specified in Clause 1 and Clause 2 of this Article may be substituted with electronic versions when procedures are carried out on the online public service system."

5. Amend and supplement Clause 1, Clause 2 of Article 12 of Circular No. 86/2014/TT-BGTVT which has been amended and supplemented by Clause 2 of Article 3 of Circular No. 42/2018/TT-BGTVT as follows:

a) Amend and supplement Clause 1 of Article 12 as follows:

"1. The import facility prepares one set of registration inspection documents in accordance with Clause 1 of Article 10 of this Circular and submits them to the Vietnam Vehicle Inspection Agency by direct submission or through the postal system or through the online public service system."

b) Amend and supplement Clause 2 of Article 12 as follows:

"2. The Vietnam Vehicle Inspection Agency receives and reviews the contents of the registration inspection documents and informs the import facility of the result within one working day. If the registration inspection documents are complete as required, the Vietnam Vehicle Inspection Agency will confirm on the Registration Inspection Form. If the registration inspection documents are incomplete as required, the Vietnam Vehicle Inspection Agency will return the documents and guide the import facility to supplement and complete them.

The Vietnam Vehicle Inspection Agency shall coordinate with the Importing Entity regarding the time and location for inspection. The inspection period shall not exceed three working days from the date the Importing Entity requests the inspection."

6. Supplement Clause 4 of Article 12 as follows:

"4. The import facility receives the results directly at the inspection agency's office or through the postal system or through the online public service system or by other appropriate means."

Article 9. Amend and supplement some articles of Circular No. 48/2015/TT-BGTVT dated September 22, 2015, issued by the Minister of Transport on inland waterway vessel inspection (hereinafter referred to as Circular No. 48/2015/TT-BGTVT)

1. Unit prices for construction projects published by the People's Committee of the province in accordance with Clause 2, Article 26 of Decree No. 10/2021/NĐ-CP serve as the basis for determining and managing construction investment costs within the province. The unit prices for construction projects published by the People's Committee of the province are determined based on construction norms issued by competent authorities and the cost factors' prices specified in Clause 3, Clause 4, and Clause 5 of this Article, consistent with the time of determining the unit price for construction projects. Cost factors' prices include: material prices, labor unit prices, machinery and equipment rental prices.

"Article 8. Documents for requesting review of design and guidance materials

1. For new construction, conversion, modification design review, prepare one set of design documents including:

a) One original or electronic form of the Design Review Request Form according to the model prescribed in Appendix II of this Circular;

b) One electronic copy with legal effect (for cases submitted through the online public service system) or three originals (for cases submitted directly or through the postal system or other appropriate methods) of the following documents: technical specifications, drawings, descriptions, and technical documents (if any) as prescribed by technical regulations and standards applicable to vessels. For design documents prepared by foreign design units or where the vessel owner is a foreigner or the vessel is constructed in Vietnam for export, the language used in the descriptions and technical specifications must be Vietnamese or English accompanied by a Vietnamese translation, and the language used in the drawings must be Vietnamese or English;

c) A certified copy or an electronic copy with legal effect of the new construction vessel contract or documents proving that the vessel is legally owned by the owner and bears legal responsibility for the legality of such property (for design documents of vessels already constructed domestically without the supervision of inspection);

2. For standardized design review, prepare one set of design documents including:

a) One original or electronic form of the Standardized Design Review Request Form for inland waterway vessels according to the model prescribed in Appendix III of this Circular;

b) One electronic copy with legal effect (for cases submitted through the online public service system) or three originals (for cases submitted directly or through the postal system or other appropriate methods) of the following documents: technical specifications, drawings, and descriptions as prescribed by technical regulations and standards applicable to vessels;

3. For copies and standardized design review, the documents include: one original or electronic form of the Request to Use Standardized Design Form for inland waterway vessels according to the model prescribed in Appendix IV of this Circular;

4. For imported vessel design review, prepare one set of design documents including:

a) One original or electronic form of the Design Review Request Form according to the model prescribed in Appendix II of this Circular;

b) One electronic copy with legal effect (for cases submitted through the online public service system) or three originals (for cases submitted directly or through the postal system or other appropriate methods) of the following documents: technical specifications, drawings, descriptions, and technical documents (if any) as prescribed by technical regulations and standards applicable to vessels and technical documents from foreign organizations provided to the vessel (if any). The descriptions and technical specifications of the design documents must use Vietnamese or English with a Vietnamese translation attached, and the drawings may use Vietnamese or English;

c) A certified copy or an electronic copy with legal effect of the vessel age determination document;

d) A certified copy or an electronic copy with legal effect of the import goods declaration of the organization or individual importing the vessel (in cases where the vessel has been imported into Vietnam);

5. For industrial product design review, prepare one set of design documents including:

a) In cases where industrial products are produced or manufactured domestically: one original or electronic form of the Design Review Request Form according to the model prescribed in Appendix II of this Circular; one electronic copy with legal effect (for cases submitted through the online public service system) or three originals (for cases submitted directly or through the postal system or other appropriate methods) of the following documents: technical specifications, drawings, descriptions, and technical documents (if any) as prescribed by technical regulations and standards applicable to products;

b) In cases where industrial products are imported, prepare one set of design documents including: one original or electronic form of the Design Review Request Form according to the model prescribed in Appendix II of this Circular; one electronic copy with legal effect (for cases submitted through the online public service system) or three originals (for cases submitted directly or through the postal system or other appropriate methods) of the following documents: technical specifications, drawings, descriptions, and technical documents provided by foreign organizations (if any) as prescribed by technical regulations and standards applicable to products. The descriptions and technical specifications of the design documents must use Vietnamese or English with a Vietnamese translation attached, and the drawings may use Vietnamese or English; the import goods declaration of the organization or individual importing the product;

6. For design review of converting sea-going vessels into inland waterway vessels, prepare one set of design documents including:

a) One original or electronic form of the Design Review Request Form according to the model prescribed in Appendix II of this Circular;

b) One electronic copy with legal effect (for cases submitted through the online public service system) or three originals (for cases submitted directly or through the postal system or other appropriate methods) of the following documents: technical specifications, drawings, descriptions, and technical documents (if any) as prescribed by technical regulations and standards applicable to vessels;

7. For guidance material review, the documents include:

a) One original or electronic form of the Guidance Material Review Request Form according to the model prescribed in Appendix II of this Circular;

b) One electronic copy with legal effect (for cases submitted through the online public service system) or three originals (for cases submitted directly or through the postal system or other appropriate methods) of the guidance materials."

2. Amend and supplement Clause 1 of Article 9 as follows:

"1. Organizations and individuals shall submit directly or through the postal system or through the online public service system or other appropriate forms to the Vietnam Maritime Administration or units authorized by the Vietnam Maritime Administration one set of documents for design review and guidance materials in accordance with Article 8 of this Circular."

3. Amend and supplement Clause 5 of Article 9 as follows:

"5. Organizations and individuals requesting design review and guidance materials shall pay fees and charges as prescribed and collect results directly at the Vietnam Maritime Administration or units authorized by the Vietnam Maritime Administration or through the postal system or via the online public service system or other appropriate forms."

Article 10. Amend and supplement some articles of Circular No. 40/2016/TT-BGTVT dated December 7, 2016, issued by the Minister of Transport on ship inspection in Vietnam (hereinafter referred to as Circular No. 40/2016/TT-BGTVT).

1. Amend and supplement Clause 2 of Article 9 as follows:

"2. Documents for requesting design review of ships:
a) One original or electronic form of the application according to Model No. 02 attached to this Circular;

2. Amend and supplement Clause 3 of Article 9 as follows:

"3. Organizations and individuals shall complete the documents in accordance with Clause 2 of this Article and submit them directly or through the postal system or through the online public service system or by other appropriate forms to the Vietnam Maritime Administration."

3. Amend and supplement Clause 5 of Article 9 as follows:

"5. Within 18 days from the date of receipt of all documents or by agreement if it is a new or complex ship design but not exceeding 60 days, the Vietnam Maritime Administration shall conduct the design review. If the requirements are not met, the organization or individual will be notified. If the requirements are met, a certificate of design approval will be issued and stamped on the design documents."

4. Amend and supplement Point b of Clause 2 of Article 16 as follows:

"2. Documents for requesting inspection include:

b) One set of technical documents (copies), including technical specifications and reports on testing containers, machines, materials, and equipment."

5. Amend and supplement Point b of Clause 2 of Article 18 as follows:

"b) One color photograph measuring 3 x 4 cm of the person requesting the welding operator certificate taken within six months (the back of the photograph must have the name, date of birth)."

6. Replace Model No. 11 attached to Circular No. 40/2016/TT-BGTVT with Model No. 11 attached to Appendix II of this Circular.

Article 11. Implementation Provisions

1. This Circular takes effect from August 15, 2022.

2. The Director of the Ministry's Office, the Chief Inspector of the Ministry, the Heads of Departments, the Director of the Vietnam Registration Agency, the Heads of agencies, organizations, and individuals related to this matter are responsible for enforcing this Circular./.

 

ANNEX I

(Issued together with Circular No. 16/2022/TT-BGTVT dated June 30, 2022, of the Minister of Transport)

ITEMS THAT MUST BE INSPECTED, TESTED AND CERTIFIED FOR MOTORCYCLES, MOTOR VEHICLES AND PARTS

 

ANNEX II

(Issued together with Circular No. 16/2022/TT-BGTVT dated June 30, 2022, of the Minister of Transport)

Form No. 11

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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APPLICATION FOR WELDING OPERATOR CERTIFICATE

Number                                          Location                           Date

Respectfully submitted to: Vietnam Maritime Administration

Organization/Individual applying: …

Address: …

Telephone: … Fax: … Email: …

Request the Vietnam Maritime Administration to issue a welding operator certificate in accordance with the national technical regulation on classification and shipbuilding for the following persons:

Scheduled Skill Test Date and Location:

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One color photograph measuring 3 x 4 cm of each named person is enclosed with this request.