Circular No. 22/2009/TT-BGTVT on procedures for technical safety inspection and environmental protection of road motor vehicles

CIRCULAR

Regulations on the procedures for technical safety inspection and environmental protection of motor vehicles

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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;

The Minister of Transport shall stipulate the procedures for technical safety inspection and environmental protection of motor vehicles as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

1. This Circular prescribes the procedures for technical safety inspection and environmental protection of motor vehicles (hereinafter referred to collectively as motor vehicles).

2. This Circular does not apply to:

a) Motorcycles and motorbikes;

b) Military and police motor vehicles used for national defense and security purposes.

Article 2. Applicability

This Circular applies to organizations and individuals related to the activities of technical safety inspection and environmental protection of motor vehicles.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Inspection is the process of conducting regular checks and evaluating the technical safety and environmental protection conditions of motor vehicles to certify that motor vehicles meet the conditions to participate in traffic.

2. The inspection cycle is the period measured in months between two inspections.

3. The Certificate of Technical Safety Inspection and Environmental Protection of Motor Vehicles (hereinafter referred to collectively as the Certificate) is a certificate confirming that the motor vehicle has been inspected according to regulations and meets the conditions to participate in traffic within the territory of the Socialist Republic of Vietnam and other countries with which Vietnam has signed international treaties recognizing each other's technical safety inspection and environmental protection for motor vehicles.

4. The Technical Safety Inspection and Environmental Protection Label of Motor Vehicles (hereinafter referred to collectively as the Inspection Label) is a symbol indicating to patrol and control forces that the motor vehicle has been inspected and is permitted to participate in road traffic within the validity period indicated on the Label.

5. The Technical Safety Inspection and Environmental Protection Record Book of Motor Vehicles (hereinafter referred to collectively as the Inspection Record Book) is the technical and administrative management record of the motor vehicle and its usage history.

6. The inspection stamp is the blank form of various types of Certificates, Inspection Labels, and Inspection Record Books.

7. The inspection certificate is the type of inspection stamp confirmed and issued by the inspection unit to the motor vehicle.

8. The inspection report is the result sheet of the inspection of the motor vehicle when the inspection is conducted.

Chapter II

MOTOR VEHICLE INSPECTION

Article 4. Inspection Locations

1. Motor vehicles registered and issued license plates at a local authority shall have their initial inspection procedures to obtain the Inspection Record Book carried out at one of the inspection units in that locality.

2. For subsequent inspections, motor vehicles may be taken to any inspection unit for inspection.

3. When motor vehicles transfer regions, the vehicle owner must carry out procedures to transfer the vehicle records to one of the inspection units in the locality where the new license plates are registered for inspection management.

Article 5. Inspection Records

1. The initial inspection records to obtain the Inspection Record Book include:

a) Vehicle Registration Certificate issued by the competent state agency;

b) Valid Certificate of Civil Liability Insurance for the owner of the motor vehicle;

c) Certificate of Imported Motor Vehicle Quality or Notification of Exemption from Imported Motor Vehicle Quality Inspection (applicable only to imported vehicles);

d) Certificate of Technical Safety and Environmental Protection for modified motor vehicles (applicable only to modified motor vehicles);

đ) Business Registration Certificate for Transportation Operations (applicable only to motor vehicles engaged in transportation operations);

2. Subsequent inspection records include:

a) Vehicle Registration Certificate issued by the competent state agency;

b) Valid Certificate of Civil Liability Insurance for the owner of the motor vehicle;

c) The Inspection Record Book; Certificate and Inspection Label from the previous inspection;

d) Business Registration Certificate for Transportation Operations (applicable only to motor vehicles engaged in transportation operations).

Article 6. Content of Inspection

1. Motor vehicles must be inspected on the inspection assembly line. In cases where motor vehicles exceed size or weight limits, have special structures that cannot be inspected on the assembly line, or operate in island areas or remote regions without the conditions to bring the vehicle to the inspection unit, they shall be implemented according to the guidance of the Vietnam Registration Agency.

2. The content of the inspection shall be carried out in accordance with the provisions of Circular No. 10/2009/TT-BGTVT dated June 24, 2009, issued by the Minister of Transport regarding technical safety inspections and environmental protection for road motor vehicles.

Article 7. Prohibited Acts in Vehicle Inspection

1. Conducting inspections not in accordance with the prescribed content, procedures, and regulations.

2. Conducting inspections when testing equipment does not ensure accuracy; when internal computer networks are damaged; conducting inspections outside the assembly line without permission.

3. Arranging personnel to perform inspection work not in compliance with specified standards.

4. Forcing vehicle owners to repair or maintain their vehicles at designated repair and maintenance facilities.

5. Collecting fees or charges in violation of regulations; engaging in corrupt practices, harassment, and accepting money or gifts in any form.

6. Inspecting and issuing Inspection Certificates to motor vehicles beyond their service life or when there is a management authority's document requesting non-inspection.

7. Using inspection seals not issued by the Vietnam Registration Agency. Creating false files, issuing inspection certificates to incorrect subjects.

Chapter III

MANAGEMENT, ISSUANCE, REPLACEMENT AND REVOCATION OF INSPECTION CERTIFICATES

Article 8. Inspection Book

1. Each motor vehicle is only issued one Inspection Book (as stipulated in Appendix I attached to this Circular).

2. The information recorded in the Inspection Book must correspond to the motor vehicle it was issued for, the records stored at the registration unit, and the data stored at the Vietnam Registration Agency.

Article 9. Issuance of the First Inspection Book

1. The issuance file is defined in Clause 1, Article 5 of this Circular;

2. Only motor vehicles that meet the requirements as stipulated in Clause 2, Article 6 of this Circular will be issued an Inspection Book.

Article 10. Reissuance of the Inspection Book

1. Reissue of the Inspection Book when lost: The reissue file includes the documents specified in points a, b, and d of Clause 1, Article 5 of this Circular and a lost report confirmed by the police agency.

2. Reissue when the Inspection Book has run out of pages: the reissue file includes the documents specified in Clause 2, Article 5 of this Circular.

3. Reissue of the Inspection Book when torn, missing pages, or repaired: the reissue file includes the documents specified in Clause 2, Article 5 of this Circular and a statement of reasons from the vehicle owner.

4. The reissuance of the Inspection Book shall be conducted by the registration unit currently managing the book after achieving satisfactory results as stipulated in Clause 2, Article 6 of this Circular and the vehicle condition matching the original file stored.

Article 11. Modification and Supplement of Information in the Inspection Book

1. Modification and supplementation of information in the Inspection Book shall be carried out when the motor vehicle changes regions, transfers ownership, or undergoes modification after achieving satisfactory results as stipulated in Clause 2, Article 6 of this Circular and the vehicle condition matches the file specified in Clause 2, Article 11 of this Circular.

2. The file for modifying and supplementing the Inspection Book includes:

a) The file specified in point a and c of Clause 2, Article 5 of this Circular;

b) The vehicle transfer file for vehicles changing regions or the Certificate of Technical Safety and Environmental Protection for modified vehicles.

3. The modification and supplementation of information in the Inspection Book shall be carried out:

a) By the registration unit currently managing the book for modification and supplementation cases.

b) By the registration unit in the region where the motor vehicle has transferred to.

Article 12. Issuance of Certificate and Inspection Seal

1. After inspection, motor vehicles that meet the prescribed standards will be issued with a Certificate (as specified in Appendix 2 attached hereto) and an Inspection Seal (as specified in Appendix 3 attached hereto), thereby satisfying the conditions to participate in road traffic.

The Certificate and Inspection Seal must have the same serial number and their contents must correspond to each other.

2. The Certificate shall be affixed in the Inspection Book and stamped across with the Inspection Book.

3. The Inspection Seal shall be affixed at the upper right corner on the inside of the front windshield of the motor vehicle. In cases where the motor vehicle does not have a front windshield, the Inspection Seal shall be affixed on the rear side of the cargo box in the same direction as the registration plate.

4. In cases where the Certificate and Inspection Seal are lost, damaged, or torn, the owner of the motor vehicle or the driver must bring the motor vehicle and relevant documents as stipulated in Clause 2, Article 5 of this Circular to the inspection unit for re-inspection and issuance of new certificates.

5. The old Certificate and Inspection Seal become invalid when a new Certificate and Inspection Seal are issued for the motor vehicle.

Article 13. Revocation of Inspection Certificates

1. Inspection certificates will be revoked in the following cases:

a) When it is discovered that the documents provided by the vehicle owner or driver are forged or altered;

b) When it is found that the certificates issued do not match the inspected motor vehicle;

c) When the motor vehicle has exceeded its service life.

2. The revocation shall be carried out by the inspection units. If the revoking unit is not the managing unit of the Inspection Book, the revoking unit must immediately notify the managing unit and report to the Vietnam Vehicle Inspection Department.

Article 14. Storage of Inspection Records and Data

1. The Inspection Record Form as stipulated in Clause 8, Article 3 of this Circular shall be stored at the inspection unit for a period of three years from the date of inspection and issuance of the certificate.

2. The vehicle records shall be stored at the managing unit of the Inspection Book throughout the period of use of the motor vehicle, including:

a) Documents related to the establishment and reissuance of the Inspection Book;

b) Documents related to the supplementation and modification of contents within the Inspection Book;

c) Inspection record sheets and Inspection Book establishment forms.

3. Inspection data must be stored at the inspection unit.

Chapter IV

RESPONSIBILITIES OF THE OWNER OF MOTOR VEHICLES OR DRIVERS

Article 15. Responsibilities of the Owner of Motor Vehicles or Drivers

In addition to complying with the provisions of this Circular, the owner of motor vehicles or drivers shall also fulfill the following requirements:

1. To conduct safety technical inspections and environmental protection inspections of motor vehicles in accordance with the regulations of the Ministry of Transport.

2. To provide accurate information related to the inspection content, administrative management, and technical management of motor vehicles, including providing relevant documents and materials to the inspection units managing and issuing the Inspection Book.

3. To strictly adhere to maintenance and repair regimes to maintain the technical condition of the motor vehicle between two inspection periods as prescribed.

4. Not to arbitrarily alter the structure, assemblies, or systems of the motor vehicle without conforming to the original design of the manufacturer or the approved modified design.

5. When transferring regions, changing ownership, or modifying motor vehicles, the owner or driver must bring the vehicle to the inspection unit managing the Inspection Book along with relevant documents as required to complete the inspection procedures confirming the changes.

6. Not to temporarily change assemblies, parts, or accessories of the motor vehicle to meet technical standards during inspections or forge, remove, affix, erase, or modify the contents of the inspection certificate.

7. To carry the Certificate and Inspection Book when participating in traffic and present them upon request by authorized enforcement officers.

8. To return the Inspection Book to the managing inspection unit when the motor vehicle is deregistered, has exceeded its service life, or when requested by an authorized agency.

Chapter V

RESPONSIBILITIES OF STATE MANAGEMENT AUTHORITIES

Article 16. Vietnam Vehicle Inspection Bureau

1. Develop and submit to the Ministry of Transport for publication a plan for the system of vehicle inspection units suitable for the growth rate of motor vehicles and the development of road traffic networks.

2. Direct and manage the professional activities of vehicle inspection units nationwide.

3. Conduct inspections, evaluate conditions, standards, and issue Certificates of Operation for vehicle inspection units.

4. Train, appoint, dismiss, and manage the professional activities of vehicle inspectors.

5. Guide the content and procedures for vehicle inspections.

6. Uniformly issue, manage, print various types of seals and certificates of inspection; specify forms and record-keeping and reporting procedures within the network of vehicle inspection units. Provide specific guidance on the issuance, use, and recall of inspection seals and certificates.

7. Specifically guide the issuance, amendment, and supplementation of contents in the Inspection Logbook.

8. Uniformly stipulate software usage and data transmission networks in vehicle inspection work.

9. Uniformly stipulate types, maintenance, and regular technical servicing regimes to ensure the quality of inspection equipment in vehicle inspection units.

10. Regularly inspect, supervise, and handle violations of vehicle inspection activities of units according to regulations.

11. Annually report to the Ministry of Transport on the results of vehicle safety and environmental protection inspections.

Article 17. Department of Transport

1. Coordinate with the Vietnam Vehicle Inspection Bureau to direct, inspect, supervise, and handle violations of individuals and vehicle inspection units under the Department.

2. Propose the People's Committee at the provincial level to appoint or appoint by delegation the directors and deputy directors of vehicle inspection units under the Department according to Circular No. 11/2009/TT-BGTVT dated June 24, 2009, issued by the Minister of Transport regarding conditions for Motor Vehicle Inspection Centers.

Article 18. Motor Vehicle Inspection Units

1. Carry out inspections and issue Certificates for motor vehicles participating in road traffic according to regulations. The head of the inspection unit and the inspector directly conducting the inspection shall be responsible for the inspection results.

2. Inspect, maintain, and repair to ensure the accuracy and operational status of inspection equipment and tools according to regulations. Report to the Vietnam Vehicle Inspection Bureau and the local Department of Transport when the inspection line stops operating.

3. Implement storage and reporting systems as prescribed.

4. Comply with and facilitate inspections, supervision, and monitoring of inspection activities by competent authorities.

5. Publicize the content, procedures, standards, regulations, fees, and working hours.

Chapter VI

EFFECTIVE DATE AND IMPLEMENTATION

Article 19. Effective Date

1. This Circular takes effect 45 days from the date of issuance and replaces Decisions No. 4105/2001/QĐ-BGTVT dated December 4, 2001, of the Minister of Transport on "Regulations on Safety Technical Inspection and Environmental Protection for Road Vehicles" and Decision No. 39/2007/QĐ-BGTVT dated August 22, 2007, of the Minister of Transport on "Amendments and Supplements to Certain Provisions of Regulations on Periodic Safety Technical Inspection and Environmental Protection for Motor Vehicles."

2. Inspection Certificates and Seals issued by vehicle inspection units to motor vehicles before this Circular takes effect remain valid until their expiration dates as indicated on the Certificates and Seals.

Article 20. Implementation

The Heads of the Ministry’s Office, the Inspector General, the Heads of Departments, the Director of the Vietnam Vehicle Inspection Bureau, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.