Circular No. 23/2009/TT-BGTVT on the inspection of technical safety quality and environmental protection for specialized motorcycles

CIRCULAR

Regulations on technical safety quality inspection

and protecting the environment for special-purpose motorcycles

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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 the Law on Product Quality dated July 21, 2007;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product Quality;

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 hereby promulgates regulations on quality safety technical inspection and environmental protection for special-purpose motorcycles as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the quality safety technical inspection and environmental protection (hereinafter referred to as inspection) for various types of special-purpose motorcycles when imported, produced, assembled, modified, and operated in transportation.

2. This Circular applies to organizations and individuals related to management, importation, production, assembly, modification, and operation of special-purpose motorcycles throughout the country.

3. This Circular does not apply to special-purpose motorcycles of the military and police used for national defense and security purposes.

Article 2. Basis for Inspection

The basis for inspection includes:

1. Regulations, standards, and technical specifications.

2. Design documents or technical files.

Article 3. Types of Special-Purpose Motorcycles Subject to Inspection

1. For imported and domestically produced and assembled special-purpose motorcycles, refer to the List of Products and Goods Subject to Quality Inspection issued together with Decision No. 50/2006/QD-TTg dated March 7, 2006 of the Government Prime Minister.

2. For special-purpose motorcycles currently in operation, refer to the List of Special-Purpose Motorcycles Subject to Inspection specified in Appendix 1 of this Circular.

Chapter II

INSPECTION OF SPECIAL-PURPOSE MOTORCYCLES

Section 1. INSPECTION OF SPECIAL-PURPOSE MOTORCYCLES UPON IMPORTATION

Article 4. Inspection Documents

The inspection documents for imported special-purpose motorcycles shall be compiled into one set including the following documents:

1. Application for inspection of the quality safety technical and environmental protection of imported special-purpose motorcycles according to the model attached at Appendix 2 of this Circular, clearly stating the frame number, engine number, and year of manufacture of each special-purpose motorcycle;

2. Copy of the Import Declaration Form;

3. Copy of the Sales Invoice (Invoice) or equivalent document;

4. Technical data sheet (original or copy) or Registration Sheet of Technical Parameters of Imported Special-Purpose Motorcycles established by the organization or individual importing the motorcycles;

5. Original Certificate of Quality (C/Q) issued by the manufacturer for unused imported special-purpose motorcycles (if available);

6. Exemption from the document prescribed in Clause 4 of this Article for models of special-purpose motorcycles that have been confirmed to meet requirements through inspection.

Article 5. Methods, Contents, and Locations of Inspection

1. For unused special-purpose motorcycles with valid documents as prescribed in Article 4 of this Circular, they will be inspected to confirm parameters regarding appearance, dimensions, general structure, frame number, and engine number.

2. For used special-purpose motorcycles with valid documents as prescribed in Article 4 of this Circular or unused special-purpose motorcycles without a Certificate of Quality, each unit will be inspected according to the relevant technical standards and specifications on quality safety technical and environmental protection of special-purpose motorcycles.

3. For imported special-purpose motorcycles with frame numbers or engine numbers altered due to manufacturing defects, confirmation must be provided by the manufacturer. In cases where there are doubts about the frame number or engine number of the vehicle, the inspection authority may request an appraisal from a specialized appraisal agency.

4. The location for inspecting special-purpose motorcycles shall be at the place requested by the organization or individual importing the special-purpose motorcycles.

Article 6. Confirmation of Inspection Results

1. For imported specialized motorcycles that have not been used and meet the requirements stipulated in Clause 1, Article 5 of this Circular, a Notification of Exemption from Quality Safety Technical and Environmental Inspection for Imported Specialized Motorcycles (hereinafter referred to as the Notification of Exemption from Inspection) shall be issued according to the model at Appendix 3 of this Circular.

2. For imported specialized motorcycles with inspection results meeting the requirements stipulated in Clause 2, Article 5 of this Circular, a Certificate of Quality Safety Technical and Environmental Inspection for Imported Specialized Motorcycles (hereinafter referred to as the Certificate of Imported Vehicle) shall be issued according to the model at Appendix 4 of this Circular.

3. For imported specialized motorcycles that fail to meet the requirements stipulated in Clause 2, Article 5 of this Circular after inspection, a Notification of Non-Conformity with Quality Safety Technical and Environmental Standards for Imported Specialized Motorcycles (hereinafter referred to as the Notification of Non-Conformity) shall be issued according to the model at Appendix 5 of this Circular.

Section 2. DESIGN REVIEW AND INSPECTION OF SPECIALIZED MOTORCYCLES IN PRODUCTION, ASSEMBLY, AND RECONSTRUCTION

Article 7. Design Documents

The design documents shall be prepared in three copies and submitted to the registration authority for review.

1. For specialized motorcycles produced or assembled, the design documents shall include:

a) Technical drawings:

- Overall drawings of the specialized motorcycle;

- Drawings and technical specifications of assemblies and systems manufactured domestically;

- Technical documentation of imported assemblies and systems.

b) Descriptions and calculations:

- Description of basic technical characteristics of the specialized motorcycle;

- Design calculation of the specialized motorcycle.

2. For reconstructed specialized motorcycles, the design documents shall include:

a) Overall drawings of the specialized motorcycle before and after reconstruction;

b) Drawings and technical documentation of assemblies and systems used for reconstruction;

c) Descriptions and calculations related to the reconstruction content.

Article 8. Design Review

1. The review of design documents (hereinafter referred to as the review) shall be conducted for specialized motorcycles prior to their first production or assembly, or reconstruction.

2. The review involves examining and comparing the conformity of the specialized motorcycle design documents with current technical regulations, standards, and norms. The review shall be completed within fifteen working days from the date of receipt of complete and valid documents. In cases where the review period needs to be extended due to requests for supplementary or amended design documents, the registration authority shall notify the design entity in writing.

3. After the review, two sets of design documents shall be transferred to the production entity or design entity, and one set shall be retained by the registration authority.

Article 9. Inspection of Produced and Assembled Specialized Motorcycles

1. Documents used during the inspection process include:

a) Design documents of specialized motorcycles that have been reviewed by the registration authority;

b) Inspection and acceptance documents of products from the production entity.

2. The inspection content includes: Evaluation of the quality of specialized motorcycles according to current technical regulations, standards, and norms and the reviewed design documents.

3. Inspection method: Individual vehicle inspection.

Article 10. Inspection of Reconstructed Specialized Motorcycles

1. Documents used during the inspection process include:

a) Design documents of reconstructed specialized motorcycles that have been reviewed by the registration authority;

b) Inspection and acceptance documents of reconstructed specialized motorcycles from the production entity.

2. The inspection content includes: Evaluation of the quality of reconstructed specialized motorcycles according to current technical regulations, standards, and norms and the reviewed design documents for reconstruction.

3. Inspection method: Individual vehicle inspection.

Article 11. Confirmation of the results of design appraisal and inspection results

1. For design files meeting the requirements specified in Article 8 of this Circular, a Design Appraisal Certificate for Special Purpose Vehicles shall be issued according to the model set out in Appendix 6 of this Circular.

2. For special purpose vehicles that meet the inspection requirements stipulated in Articles 9 and 10 of this Circular, a Quality and Technical Safety and Environmental Protection Certificate for Special Purpose Vehicles produced, assembled, or modified (hereinafter referred to collectively as the Production, Assembly, and Modification Certificate) shall be issued according to the model set out in Appendix 7 of this Circular.

Section 3. INSPECTION OF SPECIAL PURPOSE VEHICLES FOR USE AND OPERATION

Article 12. Inspection Documents

1. The initial inspection documents include:

a) A request for issuance of the Technical Safety and Environmental Protection Inspection Booklet (hereinafter referred to collectively as the Inspection Booklet) established by the owner of the special purpose vehicle.

b) One of the following documents:

- A copy of technical documentation introducing the overall drawings and basic technical features of the special purpose vehicle; Registration technical data sheet of the special purpose vehicle established by organizations or individuals; Notification of exemption from inspection; Import Certificate; Production, Assembly, and Modification Certificate.

2. Periodic inspection documents include:

a) An inspection request for special purpose vehicles requiring inspection outside the inspection unit's location.

b) The Inspection Booklet (for presentation).

c) The special purpose vehicle registration certificate issued by the competent authority (for presentation).

Article 13. Content and Location of Inspection

1. Special purpose vehicles shall be inspected in accordance with the standards and technical regulations on quality, technical safety, and environmental protection of special purpose vehicles.

2. The location for inspecting special purpose vehicles shall be at the place requested by the owner of the special purpose vehicle and must comply with the inspection conditions specified in relevant technical regulations.

Article 14. Confirmation of Inspection Results

1. Special purpose vehicles that pass the initial inspection as required in Clause 1 of Article 13 of this Circular shall be issued an Inspection Booklet according to the model set out in Appendix 8, a Technical Safety and Environmental Protection Inspection Certificate (hereinafter referred to collectively as the Inspection Certificate) according to the model set out in Appendix 9, and a Technical Safety and Environmental Protection Inspection Label (hereinafter referred to collectively as the Inspection Label) according to the model set out in Appendix 10 of this Circular.

2. Special purpose vehicles that pass periodic inspections as required in Clause 1 of Article 13 of this Circular shall be issued an Inspection Certificate and an Inspection Label.

Article 15. Inspection Cycle

1. For unused special purpose vehicles, the initial inspection cycle is 24 months.

2. For used special purpose vehicles, the inspection cycle is 12 months.

Section 4. TIME LIMITS FOR CONFIRMATION OF INSPECTION RESULTS AND DOCUMENT STORAGE

Article 16. Time Limit for Confirmation of Inspection Results

1. The time limit for issuing the Notification of Exemption from Inspection, Import Certificate, Notification of Non-Conformity, and Production, Assembly, and Modification Certificate is five working days from the end of the inspection.

2. The time limit for issuing the Design Appraisal Certificate, Inspection Booklet, and Inspection Certificate is three working days from the end of the inspection.

3. The Inspection Label shall be affixed to the special purpose vehicle after it passes the technical requirements of the inspection.

Article 17. Recordkeeping of Files

1. The files for inspection as stipulated in Article 4, Clause 1 of Article 9, and Clause 1 of Article 10 of this Circular, and all types of inspection records and documents established during the inspection process shall be stored at the registration authority for a period of three years from the date of issuance of the inspection result confirmation.

2. The design files as stipulated in Article 7 of this Circular, after being reviewed, shall be stored at the registration authority for a period of three years from the date production of specialized motorcycles ceases.

3. The files for inspection as stipulated in Article 12 of this Circular shall be stored throughout the operational life of the specialized motorcycles.

Chapter III

RESPONSIBILITIES OF STATE MANAGEMENT AUTHORITIES

Article 18. Vietnam Vehicle Inspection Agency

1. Uniformly manage and organize the implementation of inspection work for specialized motorcycles nationwide.

2. Develop and issue guiding documents related to vehicle registration inspection work for specialized motorcycles within its authority.

3. Organize training, appointment, and removal of specialized motorcycle inspectors.

4. Uniformly print, manage, and distribute inspection forms for specialized motorcycles as prescribed in this Circular.

5. Direct and professionally manage the inspection units conducting periodic inspections of specialized motorcycles in operation and participating in traffic.

6. Annually report to the Ministry of Transport on the results of quality safety technical inspection and environmental protection work for specialized motorcycles.

Article 19. Department of Transport

Implement periodic inspection work for specialized motorcycles for exploitation and use in traffic at subordinate registration inspection units.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS PRODUCING, ASSEMBLING, RECONSTRUCTING, IMPORTING AND OPERATING SPECIALIZED MOTORCYCLES

Article 20. Responsibilities of organizations and individuals producing, assembling, reconstructing, and importing specialized motorcycles

1. Comply with current technical regulations, standards when importing, producing, assembling, repairing, and reconstructing specialized motorcycles.

2. Establish product quality inspection procedures and invest in suitable inspection equipment for production; inspection equipment must be periodically calibrated; organize quality inspections for each product and bear responsibility for the quality of products leaving the factory.

3. Bear responsibility for the origin, quality of imported specialized motorcycles.

Article 21. Responsibilities of organizations and individuals operating and using specialized motorcycles

Bear responsibility for repair and maintenance to ensure technical safety standards and environmental protection of specialized motorcycles between inspection periods conducted by registration authorities.

Article 22. Responsibilities of organizations and individuals producing, assembling, reconstructing, importing, and operating and using specialized motorcycles

Safeguard, maintain, and not alter or erase inspection result confirmation papers that have been issued and present them upon request by authorized enforcement officers.

Chapter V

EFFECTIVE DATE AND IMPLEMENTATION

Article 23. Effectiveness of Implementation

1. This Circular takes effect forty-five days from the date of issuance. The third section of the Regulations on issuing registration certificates, license plates, and inspecting safety technical standards and environmental protection for specialized motorcycles participating in road traffic, issued together with Decision No. 4381/2001/QĐ-BGTVT dated December 19, 2001, of the Minister of Transport, is hereby repealed.

2. Inspection result confirmation papers issued to specialized motorcycles before the effective date of this Circular remain valid according to the terms specified in those papers.

Article 24. Implementation Organization

1. The Vietnam Vehicle Inspection Agency is responsible for organizing and implementing this Circular.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Vehicle Inspection Agency, the Director-General of the Vietnam Highway Administration, Directors of Provincial Transport Departments, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.