Decree No. 23/2004/ND-CP On the service life of trucks and passenger cars

DECREE

Regarding the service life of trucks and passenger vehicles

THE GOVERNMENT

Based on the Government Organization Law No. 32/2001/QH10 dated December 25, 2001;
Pursuant to the Road Traffic Law No. 26/2001/QH10 dated June 29, 2001;
At the proposal of the Minister of Transport,

DECREE

PART I
GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the service life for various types of trucks and passenger vehicles (hereinafter referred to as vehicles) participating in traffic on the road system of the Socialist Republic of Vietnam, except for passenger transport vehicles regulated by Government Decree No. 92/2001/NĐ-CP dated December 11, 2001.

Article 2. Applicability

1. This Decree applies to all organizations and individuals using vehicles to participate in traffic on roads, except:

a) Vehicles of the military and police serving national defense and security purposes;

b) Passenger vehicles with up to nine seats (including the driver's seat); small multi-purpose vehicles (pick-up trucks);

c) Special purpose vehicles (vehicles with structures and equipment designed for specific functions and special uses); trailers.

3. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from this Decree, such provisions shall be applied according to the treaty.

Article 3. Definitions

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

1. The service life of a vehicle is the permitted period of use of the vehicle.

2. A truck (cargo vehicle) is a vehicle primarily structured and equipped for cargo transportation.

3. A passenger vehicle is a vehicle structured and equipped for carrying passengers and their luggage.

Chapter II
SERVICE LIFE OF VEHICLES

Article 4. Provisions on service life and the time of calculating service life

1. Service life of motor vehicles:

a) Not exceeding 25 years for trucks.

b) Not exceeding 20 years for passenger vehicles.

c) Not exceeding 17 years for vehicles converted from other types of vehicles to passenger vehicles before January 1, 2002.

2. Time of calculating service life:

a) The service life of a motor vehicle is calculated from the year of manufacture of the vehicle.

b) In certain special cases, upon approval by the Prime Minister, the service life of a vehicle is calculated from the year of registration of the vehicle.

Article 5. Implementation schedule

1. One year after the effective date of this Decree, cease operation of:

a) Trucks with a usage period over 29 years or without sufficient basis to determine the year of manufacture;

b) Passenger vehicles (including converted vehicles) with a usage period over 23 years or without sufficient basis to determine the year of manufacture.

2. Two years after the effective date of this Decree, cease operation of:

a) Trucks with a usage period over 27 years;

b) Passenger vehicles (including converted vehicles) with a usage period over 22 years.

3. Three years after the effective date of this Decree, implement the provisions on service life for the types of vehicles specified in Article 4.

Chapter III
RESPONSIBILITY, COMPLAINTS, REPORTING AND VIOLATION HANDLING

Article 6. Responsibilities of organizations and individuals using vehicles to participate in traffic

1. Implement the service life provisions set forth in Article 4 and the implementation schedule set forth in Article 5 of this Decree.

2. Develop plans for updating means of transportation.

Article 7. Organizing the selection, recognition of parent trees, and confirmation of parent tree orchards within the provincial territory.

1. Ministers of Ministries, Heads of agencies equivalent to Ministries, Heads of government agencies, and Chairpersons of provincial People's Committees shall, based on their functions, tasks, and authorities, be responsible for organizing guidance, inspection, supervision, and handling of violations.

2. Inspections and supervisions of organizations and individuals using vehicles to participate in traffic must comply with current laws.

Article 8. Handling Violations

Organizations and individuals violating the provisions of this Decree will be subject to disciplinary action, administrative penalties, or criminal prosecution, if damage is caused, they must compensate according to the law.

Article 9. Petitioning and Reporting

Organizations and individuals have the right to file complaints or reports to competent authorities or initiate lawsuits at courts according to the law regarding acts of state agencies or individuals violating the provisions of this Decree and related laws.

Chapter IV
IMPLEMENTING PROVISIONS

Article 10. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 11. Responsibility for Implementation

1. The Minister of Transport shall guide the implementation of this Decree.

2. Ministers, Heads of agencies equivalent to Ministries, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees, and relevant organizations and individuals are responsible for implementing this Decree.