Circular No. 21/2010/TT-BGTVT guiding the implementation of Decree No. 95/2009/NĐ-CP dated October 30, 2009 of the Government on the service life of trucks and passenger cars

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed guidance on the types of trucks and passenger cars subject to the regulations on service life, and the method for determining the service life of such vehicles as prescribed in Decree No. 95/2009/NĐ-CP dated October 30, 2009 of the Government (hereinafter referred to as Decree No. 95/2009/NĐ-CP).

Article 2. Applicability

This Circular applies to all agencies, organizations, and individuals using trucks and passenger cars (hereinafter collectively referred to as cars) when participating in road traffic, except for military and police cars used for national defense and security purposes.

Article 3. Explanation of Terms

1. Trucks (cargo trucks): are vehicles with structures and equipment mainly designed for cargo transportation, including general cargo trucks with open cargo beds (which may have a cover) or box-shaped cargo beds, dump trucks, crane trucks, cargo trucks with lifting equipment, refrigerated trucks, frozen trucks, pickup trucks for cargo (single or double cab), and cargo vans.

2. Special-purpose trucks (specialized cargo trucks): are cargo trucks with special structures and equipment designed specifically for transporting certain types of goods, such as car transporters, construction vehicle transporters, concrete mixer trucks, garbage trucks, tractor units, wet concrete transporters, gas cylinder transporters.

3. Passenger cars (passenger vehicles): are vehicles with structures and equipment mainly designed for carrying passengers and luggage with ten seats or more (including the driver's seat), specialized passenger cars (ambulances, funeral cars, disabled person carriers, children's transporters, mine rescue vehicles).

4. Special-purpose vehicles: are vehicles with structures and equipment designed to perform specific functions or purposes, such as fire engines, street sweepers, sewage suction vehicles, mortar mixers, concrete mixers, concrete pumps, cranes, aerial work platforms, drills, towing vehicles (vehicle recovery trucks), money transporters, mobile television units, mobile television signal testing units, asphalt spreaders, bridge inspection and maintenance vehicles, underground cable inspection vehicles, X-ray machines, mobile surgical units.

5. In cases where necessary, the classification of vehicles will be determined specifically based on current technical standards.

Chapter II

REGULATIONS ON THE SERVICE LIFE OF CARS

Article 4. Cars must comply with the regulations on service life

1. The types of trucks and passenger cars specified in Article 1 of Decree No. 95/2009/NĐ-CP include: trucks (cargo trucks); special-purpose trucks (specialized cargo trucks); passenger cars with ten seats or more (including the driver's seat); specialized passenger cars.

2. Other types of cars not mentioned in points a, b, and c of Clause 1, Article 2 of Decree No. 95/2009/NĐ-CP.

Article 5. Cars not subject to regulations on service life

Cars specified in points b and c of Clause 1, Article 2 of Decree No. 95/2009/NĐ-CP are not subject to service life regulations, including: passenger cars with up to nine seats (including the driver's seat); special-purpose vehicles; trailers, semi-trailers.

Article 6. Service life of modified cars and cars converted for different uses

The service life of modified cars and cars converted for different uses is calculated from the year of manufacture before conversion, as follows:

1. Passenger cars exceeding their service life that are converted into trucks and must comply with the service life regulations for trucks, which shall not exceed twenty-five years (according to Clause 1, Article 4 of Decree No. 95/2009/NĐ-CP).

2. Passenger cars with ten seats or more (including the driver's seat), specialized passenger cars converted into passenger cars with up to nine seats (including the driver's seat) and must comply with the service life regulations for passenger cars, which shall not exceed twenty years (according to Clause 2, Article 4 of Decree No. 95/2009/NĐ-CP).

3. Trucks converted into special-purpose vehicles and must comply with the service life regulations for trucks, which shall not exceed twenty-five years (according to Clause 1, Article 4 of Decree No. 95/2009/NĐ-CP).

4. Special-purpose vehicles, passenger cars with up to nine seats (including the driver's seat) converted into trucks must comply with the service life regulations for trucks, which shall not exceed twenty-five years (according to Clause 1, Article 4 of Decree No. 95/2009/NĐ-CP).

5. Trucks that were converted into passenger cars before January 1, 2002 and must comply with the service life regulations for passenger cars converted for different uses, which shall not exceed seventeen years (according to point c, Clause 1, Article 4 of Decree No. 95/2009/NĐ-CP).

Article 7. Determination of the service life of automobiles

1. The service life of automobiles prescribed in Article 4 of Decree 95/2009/NĐ-CP shall be calculated in years, starting from the year of automobile production and determined based on the following priority sequence:

a) Vehicle identification number (VIN);

b) Vehicle frame number;

c) Technical documents: Catalog, technical specification manual, identification software, or information provided by the manufacturer;

d) Information on the manufacturer's label affixed or attached to the automobile;

đ) Records such as: Quality certification certificate; Quality inspection report for domestically produced automobiles; Inspection or acceptance record, quality certification certificate for modified automobiles; Original file managed by the police agency; Import documents.

2. An automobile without at least one of the documents, records, or bases mentioned in Clause 1 of this Article shall be considered to have reached its service life limit.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of the Vietnam Vehicle Inspection Agency

1. Organize information dissemination and popularization of Decree 95/2009/NĐ-CP.

2. Guide, direct, and inspect motor vehicle inspection units nationwide to perform the following tasks:

a) Determine the year of production and compile a list of automobiles that have reached their service life limit on an annual basis;

b) Report the list of automobiles that have reached and will soon reach their service life limit as required to the Vietnam Motor Vehicle Inspection Agency;

c) Notify the list of automobiles that have reached their service life limit to local traffic police departments and traffic inspectors for monitoring, inspection, and management, while publicly announcing it within the unit to provide a basis for public supervision by the people and local authorities.

3. Annually compile a list of automobiles that have reached and will soon reach their service life limit according to the schedule and notify the Highway Police Department - Railway Police Department for coordinated monitoring, inspection, and management.

4. Resolve and handle cases of complaints, objections, and reports according to current regulations.

5. Annually compile and report to the Ministry of Transport on the implementation of Decree 95/2009/NĐ-CP and propose necessary solutions.

Article 9. Responsibilities of the Department of Transport

1. Disseminate and popularize Decree 95/2009/NĐ-CP and this Circular to all agencies, organizations, and individuals operating and using automobiles locally to implement them.

2. Coordinate with the Vietnam Motor Vehicle Inspection Agency to direct motor vehicle inspection units under local jurisdiction to organize the implementation of Decree 95/2009/NĐ-CP and this Circular.

Article 10. Effective Date

1. This Circular takes effect 45 days from the date of issuance and revokes Circular No. 06/2004/TT-BGTVT dated March 31, 2004 of the Ministry of Transport guiding the implementation of Decree 23/2004/NĐ-CP of the Government on the service life of trucks and passenger vehicles.

2. Automobiles classified before the effective date of this Circular shall retain their classification for those vehicles.

Article 11. Implementation Organization

The Director of the Ministry’s Office, the Director of the Ministry’s Inspectorate, the Heads of Departments, the Director of the Vietnam Motor Vehicle Inspection Agency, the Directors of Provincial Departments of Transportation, the Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular./.