Circular No. 18/2019/TT-BGTVT guiding the implementation of Decree No. 139/2018/NĐ-CP dated October 8, 2018 of the Government on the business conditions for motor vehicle inspection services.

CIRCULAR

Issuing the Circular guiding the implementation of Decree No. 139/2018/ND-CP dated October 8, 2018 of the Government on business operations of motor vehicle inspection services.

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. 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;

Pursuant to Decree No. 139/2018/ND-CP dated October 8, 2018 of the Government on business operations of motor vehicle inspection services;

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 issues this Circular to guide the implementation of Decree No. 139/2018/ND-CP dated October 8, 2018 of the Government on business operations of motor vehicle inspection services.

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of Decree No. 139/2018/ND-CP dated October 8, 2018 of the Government on business operations of motor vehicle inspection services (hereinafter referred to as Decree No. 139/2018/ND-CP).

Article 2. Applicability

1. This Circular applies to agencies, organizations, and individuals related to business operations of motor vehicle inspection services.

2. This Circular does not apply to agencies, organizations, and individuals conducting motor vehicle inspections for military and police purposes for national defense and security.

Chapter II PRACTICAL TRAINING FOR MOTOR VEHICLE INSPECTORS

Article 3. Practical training for motor vehicle inspectors

A person undergoing practical training to become a motor vehicle inspector (hereinafter referred to as a trainee inspector) who meets the provisions at point a and d Clause 1, Article 14 of Decree No. 139/2018/ND-CP shall be trained in theoretical knowledge and practical inspection of motor vehicles for a minimum period of 12 months.

Article 4. Theoretical training

Trainee inspectors shall be trained in theoretical knowledge including the following contents:

1. Overview: network system, organization of motor vehicle inspections; professional ethics; regulations on responsibilities and handling violations in inspection work; regulations on administrative penalties in the field of motor vehicle inspections;

2. Legal documents: legal normative documents, guidance on business practices in motor vehicle inspection activities;

3. Standards, technical specifications, procedures in inspection work;

4. Guidance on using inspection equipment;

5. Guidance on inspecting motor vehicles according to inspection categories, methods; stages and procedures of motor vehicle inspection; evaluation of inspection results;

6. Guidance on using management programs and software for motor vehicle inspections, and information retrieval on vehicles.

Article 5. Practical motor vehicle inspection at inspection units

1. After completing theoretical training, within a maximum of 10 working days, trainee inspectors must commence practical motor vehicle inspections at inspection units.

2. During the training period, trainee inspectors must practice the following contents: inspect five stages on the inspection line, use inspection equipment and management programs and software for motor vehicle inspections.

3. Trainee inspectors must prepare a practical training report for motor vehicle inspectors according to the form prescribed in Appendix 1 attached to this Circular. The practical training report for motor vehicle inspectors serves as the basis for motor vehicle inspection units to confirm the practical training of motor vehicle inspectors.

4. Leaders of inspection units assign experienced inspectors to guide the training and are responsible for the content of the training of trainee inspectors at inspection units with a minimum number of vehicles for training: 400 vehicles per stage of various types of vehicles (training may be conducted on multiple stages of one vehicle), including each stage of training a minimum of 100 trucks and 100 passenger vehicles. Specifically, the preparation of vehicle files must be carried out for 400 vehicles.

5. Training instructors must be senior motor vehicle inspectors or motor vehicle inspectors with at least three years of experience. Trainee inspectors are allowed to inspect and evaluate motor vehicles under inspection under the guidance and supervision of the training instructor; the training instructor is responsible for the results of the technical condition assessment of motor vehicles under inspection.

6. Inspection stages of vehicles on the inspection line include:

a) Stage 1: preparing vehicle files and checking identification, general overview;

b) Stage 2: upper part inspection;

c) Stage 3: braking efficiency and lateral skid inspection;

d) Stage 4: environmental inspection;

e) Stage 5: lower part inspection.

Chapter III TRAINING OF MOTOR VEHICLE INSPECTION TECHNICIANS AND STAFF

Article 6. Training for motor vehicle inspection technicians

1. Throughout their tenure, motor vehicle inspection technicians must participate in training to update and supplement their technical inspection skills when there are changes in standards, regulations, and advances in science and technology related to motor vehicle inspections.

2. Motor vehicle inspection technicians who perform five stages of motor vehicle inspection as stipulated at points a and b, Clause 2, Article 14 of Decree 139/2018/NĐ-CP and have a need for advanced motor vehicle inspection technician training shall be trained on the following contents:

a) Legal documents: updating regulations, guidance on technical inspection procedures, standards, and technical norms in motor vehicle inspections and type approval testing;

b) Technical skills: analyzing structure; diagnosing technical condition, faults, and causes of damage to components, systems, and assemblies of motor vehicles and remedial measures; general rules on vehicle modification; new technologies equipped on motor vehicles; content, methods, and equipment for new inspection tasks;

c) Special topics: recommendations from international motor vehicle inspection organizations regarding inspection work and quality management of inspection units; road traffic safety and accident investigation; requirements for practical training of motor vehicle inspection technicians.

Article 7. Training for staff

Participants in staff training will be trained on the following contents:

1. Theoretical training

a) Overview: network system, organization of motor vehicle inspections; professional ethics; regulations on responsibilities and handling violations in inspection work; administrative penalties in the field of motor vehicle inspection;

b) Legal documents: regulations, guidance on technical procedures; requirements for inspection files; procedures for conducting inspections; classification of vehicles, inspection fees; file management, reporting, and data transmission for inspections.

2. Practical guidance: guidance on using management programs and software for motor vehicle inspections.

3. Upon completion of the training, participants in staff training will be issued a Staff Training Certificate according to the model prescribed in Appendix 2 attached to this Circular.

Chapter IV EVALUATION OF MOTOR VEHICLE INSPECTOR TECHNICAL SKILLS

Article 8. Evaluation of motor vehicle inspector technical skills

1. After receiving complete application files for issuing a certificate of motor vehicle inspector grade (hereinafter referred to as the certificate of motor vehicle inspector), the Vietnam Vehicle Inspection Agency will organize theoretical and practical evaluations of five inspection stages on the inspection line for trainee inspectors to issue the certificate of motor vehicle inspector.

2. In the case of initial evaluation for issuance of the certificate of motor vehicle inspector, the evaluation result meets the requirements if the trainee inspector has satisfactory theoretical evaluation results and satisfactory practical evaluation results for three or more stages. If the evaluation results are unsatisfactory, the trainee inspector must re-evaluate according to the contents specified in Clause 1 of this Article.

3. In the case of re-evaluation for issuance of the certificate of motor vehicle inspector when the certificate of motor vehicle inspector expires, the evaluation result meets the requirements if the motor vehicle inspector has satisfactory theoretical evaluation results and satisfactory practical evaluation results for three or more stages. If the evaluation results are unsatisfactory, the motor vehicle inspector must re-evaluate according to the contents specified in Clause 1 of this Article.

4. In the case where the motor vehicle inspector's evaluation results meet the requirements but the practical evaluation does not reach five stages, the organization or individual requesting the evaluation must supplement the unmet stages within six months from the date of the most recent evaluation.

5. Motor vehicle inspectors may only conduct inspections of the stages recorded on the certificate of motor vehicle inspector.

Article 9. Evaluation of senior motor vehicle inspector business skills

1. Based on the needs of inspection units, the Vietnam Motor Vehicle Inspection Agency shall announce plans to evaluate senior motor vehicle inspectors for issuing certificates of senior motor vehicle inspector qualifications (hereinafter referred to as certificates of senior motor vehicle inspector qualifications).

2. The evaluation contents include: theory; practical examination of motor vehicle testing on the testing assembly line.

3. A motor vehicle inspector may participate in the evaluation to obtain a certificate of senior motor vehicle inspector qualification for the first time by performing five stages of the motor vehicle testing process. The evaluation result meets the requirements when the motor vehicle inspector achieves satisfactory theoretical evaluation results and satisfactory practical evaluation results in six items (as stipulated in Appendix IV issued together with Decree No. 139/2018/NĐ-CP). If the evaluation results do not meet the requirements, the motor vehicle inspector must re-evaluate according to the contents specified in Clause 2 of this Article.

4. In cases where the evaluation is conducted to reissue a certificate of senior motor vehicle inspector qualification when the certificate of senior motor vehicle inspector qualification has expired, the evaluation result meets the requirements when the motor vehicle inspector achieves satisfactory theoretical evaluation results and satisfactory practical evaluation results in six items (as stipulated in Appendix IV issued together with Decree No. 139/2018/NĐ-CP). If the evaluation results do not meet the requirements, the senior motor vehicle inspector must re-evaluate according to the contents specified in Clause 2 of this Article.

5. The evaluation results for issuing a certificate of senior motor vehicle inspector qualification cannot be used to issue a certificate of motor vehicle inspector qualification.

Article 10. Evaluators of Inspector Business Skills

The evaluators of inspector business skills must be inspectors under the Vietnam Motor Vehicle Inspection Agency, having at least five years of experience working in the field of motor vehicle inspection.

Chapter V ACTIVITIES OF INSPECTION UNITS

Article 11. Human Resource Requirements During Operation

1. Throughout the operation period, the inspection unit must always ensure human resource conditions as prescribed in Article 7 of Decree No. 139/2018/NĐ-CP.

2. The inspection unit must assign a minimum of three inspectors to directly inspect motor vehicles on one testing assembly line.

Article 12. Contents to Be Posted at Inspection Units

1. Waiting rooms must post contents regarding the inspection procedures, fee schedules, charges, inspection cycles, hotlines of the Vietnam Motor Vehicle Inspection Agency, and the Department of Transport (if applicable).

2. Testing workshops must post the following contents:

a) Regulations on labor safety and fire prevention and control;

b) Rules for using inspection equipment: presented in individual boards hung in corresponding positions to each piece of equipment;

c) Inspection contents, inspection methods, and defects and damages.

Chapter VI INSPECTION, EVALUATION OF CONDITIONS AND MAINTENANCE OF MOTOR VEHICLE TESTING OPERATIONS

Article 13. Implementation of Inspection Unit Establishment

1. Prior to establishing an inspection unit, the organization setting up the inspection unit must notify the Vietnam Motor Vehicle Inspection Agency of the following contents:

a) Location of the inspection unit establishment;

b) Expected completion time for construction and commencement of testing operations.

2. During the construction process, if there are changes to the notified contents, the organization setting up the inspection unit or the inspection unit itself must notify the Vietnam Motor Vehicle Inspection Agency again.

3. After completing the construction and installation of technical facilities, the inspection unit shall prepare a dossier to request issuance of a certificate of eligibility for motor vehicle testing operations as prescribed in Article 8 of Decree No. 139/2018/NĐ-CP, including:

a) A list of job titles at the unit according to the model prescribed in Appendix 3 issued together with this Circular.

b) A comparison of regulations on technical facilities and testing assembly lines according to national technical standards according to the model prescribed in Appendix 4 issued together with this Circular.

Article 14. Inspection and evaluation of conditions and maintenance of motor vehicle inspection operations

Members participating in the inspection team for evaluating and maintaining conditions for motor vehicle inspection operations shall conduct inspections on the following contents and record them in the minutes as follows:

1. Floor area of the registration inspection unit: The results of the inspection and evaluation shall be recorded in the minutes according to the model prescribed in Appendix 5 issued together with this Circular.

2. Inspection workshop: Inspect the minimum clearance dimensions of the inspection workshop, the distance between the centers of adjacent inspection lines, the distance from the center of the outermost inspection line to the nearest inner wall; the results of the inspection and evaluation shall be recorded in the minutes according to the model prescribed in Appendix 5 issued together with this Circular.

3. Testing equipment and inspection tools: Inspect the quantity, types, brands, accuracy, calibration validity period, rational arrangement according to the inspection process, control software, standard setting installation, measurement procedure establishment, data transmission capability; the results of the inspection and evaluation shall be recorded in the minutes according to the model prescribed in Appendix 6 issued together with this Circular.

4. Human resources:

a) Inspect recruitment files, labor contracts, decisions granting registration inspector certificates, training certificates for technical staff, appointment decisions for line supervisors and unit leaders;

b) Summarize and evaluate compliance with relevant procedures and regulations (for inspection and evaluation of ongoing operational conditions) through the results of inspecting and evaluating the contents stipulated in Clauses 5, 6, and 7 of this Article and any violations during the evaluation period (if any); the results of the inspection and evaluation shall be recorded in the minutes according to the model prescribed in Appendix 7 issued together with this Circular.

5. Implementation of inspection procedures: Conduct an assessment of the operation of the inspection line, compliance with procedures and regulations, and the quality of the inspection work performed by the inspectors and the registration inspection unit; the results of the inspection and evaluation shall be recorded in the minutes according to the model prescribed in Appendix 7 issued together with this Circular.

6. Files and data (for inspection and evaluation of ongoing operational conditions): Evaluate compliance with relevant regulations through the inspection of stored files and data; the results of the inspection and evaluation shall be recorded in the minutes according to the model prescribed in Appendix 8 issued together with this Circular.

7. Registers, reporting systems, management, and use of inspection seals: Evaluate compliance with relevant regulations through the inspection of register opening and recording, regular reporting implementation, management, and use of inspection seals; the results of the inspection and evaluation shall be recorded in the minutes according to the model prescribed in Appendix 9 issued together with this Circular.

8. The inspection and evaluation results shall be recorded according to the model in Appendix I issued together with Decree 139/2018/NĐ-CP based on the consolidation of results from the inspection and evaluation minutes established by members of the team.

Article 15. Archiving inspection and evaluation files

1. The inspection and evaluation files for issuing certificates of qualification for motor vehicle testing operations shall be established in two sets, one set to be kept at the testing unit and the other set at the Vietnam Motor Vehicle Testing Agency as a basis for inspecting and evaluating the maintenance of conditions for motor vehicle testing operations.

2. Inspection and evaluation records for maintaining the conditions for motor vehicle testing operations shall be established in two sets, one set to be kept at the testing unit and the other set at the Vietnam Motor Vehicle Testing Agency, with a minimum retention period of five years.

Chapter VII IMPLEMENTATION ORGANIZATION

Article 16. Responsibilities of the Vietnam Motor Vehicle Testing Agency

1. Organize and implement training for motor vehicle testing officers and technical staff.

2 Establish and announce periodic inspection and evaluation plans for testing units.

3. Publish on the Vietnam Motor Vehicle Testing Agency's electronic portal the list of testing units that have been issued, suspended, or had their certificates of qualification for motor vehicle testing operations revoked.

Article 17. Responsibilities of testing units

1. Inspect, maintain, and repair equipment and tools for testing to ensure accuracy and operational status as prescribed.

2. Report to the Vietnam Motor Vehicle Testing Agency when there are changes in the number of testing officers, chain supervisors, unit leadership, or testing equipment. Provide ad hoc reports upon request.

3. Prepare a report on testing activities according to the model specified in Appendix 10 attached to this Circular and submit it to the Vietnam Motor Vehicle Testing Agency before the periodic inspection and evaluation of the maintenance of conditions for motor vehicle testing operations.

Chapter VIII IMPLEMENTATION PROVISIONS

Article 18. Transitional Provisions

Motor vehicle testing officers who were issued motor vehicle testing officer certificates prior to July 1, 2016 must meet all conditions stipulated in Decree No. 139/2018/ND-CP from July 1, 2019, except for the provisions at point a and point b of Clause 1, Article 14 of Decree No. 139/2018/ND-CP.

Article 19. Effective Date

This Circular takes effect from July 5, 2019, and replaces Circular No. 51/2016/TT-BGTVT dated December 30, 2016, issued by the Minister of Transport guiding the implementation of Decree No. 63/2016/NĐ-CP of the Government on conditions for operating motor vehicle testing services.

Article 20. Implementation

The Director of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Motor Vehicle Testing Agency, Directors of Provincial Department of Transport under central cities and provinces, Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular.