Circular No. 19/2010/TT-BGTVT amending and supplementing certain provisions of Circular No. 23/2009/TT-BGTVT dated October 15, 2009 of the Minister of Transport.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 23/2009/TT-BGTVT dated October 15, 2009 of the Minister of Transport

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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. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Resolution No. 25/NQ-CP dated June 2, 2010 of the Government on simplifying 258 administrative procedures within the scope of functions of ministries and sectors;

The Minister of Transport hereby promulgates the amendments and supplements to certain Articles of Circular No. 23/2009/TT-BGTVT dated October 15, 2009 on Technical Quality Safety Inspection and Environmental Protection for Imported Special Purpose Vehicles (hereinafter referred to as Circular No. 23) as follows:

Article 1. Amending and supplementing certain Articles of Circular No. 23

1. Amending and supplementing Article 4 of Circular No. 23 as follows:

"Article 4. Inspection Documents

1. The inspection dossier for imported special purpose vehicles shall be established in one set including the following documents:

a) Application for inspection of technical quality safety and environmental protection of imported special purpose vehicles according to the model prescribed in Appendix 2 of this Circular, clearly indicating the frame number, engine number, and year of manufacture of each special purpose vehicle;

b) A copy of the Import Declaration Form confirmed by the organization or individual importing the goods;

c) A copy of the Sales Invoice or equivalent document confirmed by the organization or individual importing the goods;

d) Technical data sheet introducing basic technical features of each type of imported special purpose vehicle (original or certified copy confirmed by the organization or individual importing the goods) or Registration Form of Technical Specifications of Imported Special Purpose Vehicles according to the model prescribed in Appendix 11 of this Circular;

đ) Original Certificate of Conformity issued by the manufacturer for unused imported special purpose vehicles (if available);

2. Organizations and individuals are exempted from submitting the documents specified in point d, Clause 1 of this Article for types of special purpose vehicles that have been confirmed to meet requirements. The Vietnam Vehicle Inspection Agency is responsible for announcing on its website the list of types of special purpose vehicles exempted from submitting technical feature introduction documents or registration forms of technical specifications.

2. Supplementing Article 4a of Circular No. 23 as follows:

"Article 4a. Procedures and Methods for Implementation

1. Organizations and individuals shall complete one set of dossier in accordance with the regulations and submit it directly to the Vietnam Vehicle Inspection Agency.

2. The Vietnam Vehicle Inspection Agency shall accept and review the dossier

- If the dossier is incomplete, guide organizations and individuals to supplement and complete the dossier.

- If the dossier is complete in accordance with the regulations, confirm on the Application for Inspection of Technical Quality Safety and Environmental Protection of Imported Special Purpose Vehicles within one working day and agree on the time and place for actual inspection;

3. The Vietnam Vehicle Inspection Agency shall conduct actual inspections at the agreed location with the importing organization or individual.

4. Within five working days from the end of the actual inspection and receipt of all required documents, the Vietnam Vehicle Inspection Agency will process the inspection results and issue a Notice of Exemption from Inspection, a Certificate of Technical Quality Safety and Environmental Protection for Imported Special Purpose Vehicles, or a Notice of Non-Conformance in accordance with Clause 1, 2, and 3 of Article 6 of this Circular."

3. Replacing Appendix 2 and supplementing Appendix 11 of Circular No. 23 as follows:

a) Appendix 2: Model of Application for Inspection of Technical Quality Safety and Environmental Protection for Imported Special Purpose Vehicles and Detailed List of Imported Special Purpose Vehicles.

b) Appendix 11: Model of Registration Form of Technical Specifications for Imported Special Purpose Vehicles and List of Technical Specifications of Some Common Types of Imported Special Purpose Vehicles.

Article 2. Effectiveness and Responsibility for Implementation

1. This Circular shall take effect 45 days from the date of signature.

2. The Heads of the Ministry's Office, the Inspectorate, the Departments, the General Department of Roads of Vietnam, the Directors of the Departments under the Ministry, the Directors of Provincial and Municipal Departments of Transport, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.