Circular No. 30/2024/TT-BGTVT amending and supplementing certain articles of Circular No. 16/2021/TT-BGTVT dated August 12, 2021, issued by the Minister of Transport on technical safety inspection and environmental protection for motor vehicles and Circular No. 03/2018/TT-BGTVT dated January 10, 2018, issued by the Minister of Transport on quality and technical safety inspection and environmental protection for imported automobiles under Decree No. 116/2017/NĐ-CP.

CIRCULAR

Amending and supplementing certain articles of Circular No. 16/2021/TT-BGTVTdated August 12, 2021, issued by the Minister of Transport on technical safety inspection and environmental protection for motor vehicles

and Circular No. 03/2018/TT-BGTVT dated January 10, 2018,issued by the Minister of Transport on quality inspection of technical safety and environmental protection for imported automobiles within the scope of Decree No. 116/2017/NĐ-CP2018

of the Government.On the basis of the Road Traffic Law 2008;

On the basis of Decree No. 116/2017/NĐ-CP dated October 17, 2017, issued by the Government detailing conditions for production, assembly, importation, and warranty and maintenance services for automobiles;

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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 and Commodities dated November 21, 2007;

On the basis of Decree No. 69/2018/NĐ-CP dated May 15, 2018, issued by the Government detailing certain provisions of the Foreign Trade Management Law;

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

The Minister of Transport hereby issues this Circular amending and supplementing certain articles of Circular No. 16/2021/TT-BGTVT dated August 12, 2021, issued by the Minister of Transport on technical safety inspection and environmental protection for motor vehicles and Circular No. 03/2018/TT-BGTVT dated January 10, 2018, issued by the Minister of Transport on quality inspection of technical safety and environmental protection for imported automobiles within the scope of Decree No. 116/2017/NĐ-CP.

Article 1. Amending and supplementing certain articles of Circular No. 16/2021/TT-BGTVT dated August 12, 2021, issued by the Minister of Transport on technical safety inspection and environmental protection for motor vehicles (hereinafter referred to as Circular No. 16/2021/TT-BGTVT), Circular No. 02/2023/TT-BGTVT dated March 21, 2023, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 16/2021/TT-BGTVT (hereinafter referred to as Circular No. 02/2023/TT-BGTVT), and Circular No. 08/2023/TT-BGTVT dated June 2, 2023, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 16/2021/TT-BGTVT (hereinafter referred to as Circular No. 08/2023/TT-BGTVT).

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Science, Technology, and Environment Department and the Director of the Vietnam Registration Agency;

1. Amending and supplementing Clause 11, Article 3 of Circular No. 16/2021/TT-BGTVT as follows:

Inspection Management Program

is a system of software management programs developed by the Vietnam Vehicle Registration Agency to manage inspection data and oversee vehicle inspection activities, used at inspection units and the Vietnam Vehicle Registration Agency.”

“11. 2. Amending and supplementing Point a, Clause 1, Article 6 of Circular No. 16/2021/TT-BGTVT (amended and supplemented by Clause 2, Article 1 of Circular No. 02/2023/TT-BGTVT) as follows: “a) Presenting Vehicle Registration Documents: the original Certificate of Vehicle Registration issued by the competent authority or the original Receipt for Holding the Original Certificate of Vehicle Registration (accompanied by a copy of the Certificate of Vehicle Registration) from financial institutions or a copy of the Certificate of Vehicle Registration certified by leasing or financing organizations according to the law or a Notice of Issuance of the Certificate of Vehicle Registration;”

3. Amending and supplementing Clause 1, Article 7 of Circular No. 16/2021/TT-BGTVT as follows:

“1. The contents of inspection, methods of inspection, defects, damages, and criteria for evaluation during vehicle inspection are stipulated in Appendix II attached to this Circular.”

4. Amending and supplementing Point d, Clause 1, Article 8 of Circular No. 16/2021/TT-BGTVT (amended and supplemented by Clause 3, Article 1 of Circular No. 08/2023/TT-BGTVT) as follows:

“d) For motor vehicles exempted from initial inspection, the inspection unit bases its assessment on the documents provided by the vehicle owner, checks their completeness and validity according to Clause 1, Article 6 of this Circular, and searches for information about the vehicle on the motor vehicle warning software. If the motor vehicle has not been issued an Inspection Certificate and Inspection Label for the first time, the inspection unit shall issue an Inspection Certificate and Inspection Label and update the data with the content "Initial Inspection - The vehicle has completed the initial free inspection" onto the motor vehicle warning software. If the motor vehicle has already been issued an Inspection Certificate and Inspection Label for the first time, no new certificates will be issued. In cases where the inspection unit uses the free inspection issuance software to print the Inspection Certificate and Inspection Label, there is no need to search and update on the motor vehicle warning software.

In cases where the motor vehicle exempted from initial inspection only has a Notice of Issuance of the Certificate of Vehicle Registration, the inspection unit shall issue an Inspection Label for the first time and simultaneously issue a Notice of Return of the Inspection Certificate to the vehicle owner according to the model specified in Appendix VII attached to this Circular. When the vehicle owner presents the Vehicle Registration Documents (the original Certificate of Vehicle Registration issued by the competent authority or the original Receipt for Holding the Original Certificate of Vehicle Registration (accompanied by a copy of the Certificate of Vehicle Registration) from financial institutions or a copy of the Certificate of Vehicle Registration certified by leasing or financing organizations), the inspection unit shall photocopy the Certificate of Vehicle Registration or the original Receipt for Holding the Original Certificate of Vehicle Registration (accompanied by a copy of the Certificate of Vehicle Registration) currently held as collateral by financial institutions or a copy of the Certificate of Vehicle Registration certified by leasing or financing organizations to keep in the Vehicle File, Inspection File, and return the Inspection Certificate. If the motor vehicle has already been issued an Inspection Certificate and Inspection Label for the first time, no new certificates will be issued.

For motor vehicles required to undergo inspection, the inspection unit shall conduct inspections according to the provisions of Clauses 2 and 3 of this Article and take photos of the motor vehicle for storage (with the time of photography shown on the photo): two overall photos clearly showing the license plate of the motor vehicle (one photo taken at a 45-degree angle from the front side of the vehicle and one photo taken from the rear opposite angle).”

In the case where a motor vehicle subject to exemption from initial inspection only has a Notice for Issuance of Vehicle Registration Certificate, the inspection unit shall issue the Initial Inspection Sticker, while simultaneously issuing a Notice for Return of the Vehicle Inspection Certificate to the owner according to the model prescribed in Appendix VII attached to this Circular. When the owner presents the Vehicle Registration Documents (the original Vehicle Registration Certificate issued by the competent state agency or the original Receipt for Retention of the Original Vehicle Registration Certificate (accompanied by a copy of the Vehicle Registration Certificate) of the financial institution or a certified copy of the Vehicle Registration Certificate by the leasing organization), the inspection unit shall photocopy the Vehicle Registration Certificate or the original Receipt for Retention of the Original Vehicle Registration Certificate (accompanied by a copy of the Vehicle Registration Certificate) currently pledged with the financial institution or a certified copy of the Vehicle Registration Certificate by the leasing organization for retention in the Vehicle File, Inspection File, and return the Vehicle Inspection Certificate. If the motor vehicle has already been issued a Vehicle Inspection Certificate and an Initial Inspection Sticker, then no further issuance of a Vehicle Inspection Certificate or Inspection Sticker will be made.

For motor vehicles required to undergo inspection, the inspection unit shall conduct inspections in accordance with the provisions of Clause 2 and Clause 3 of this Article and take photographs of the motor vehicle for storage (which may show the time of photographing on the image): two overall images clearly showing the license plate of the motor vehicle (one image at a 45-degree angle from the front side of the vehicle and one image from the rear opposite angle).

5. Amend and supplement Point a Clause 1, Point b, Point c Clause 3, Clause 5 Article 9 of Circular No. 16/2021/TT-BGTVT (amended and supplemented by Point a Clause 4 Article 1 of Circular No. 08/2023/TT-BGTVT and Point c Clause 4 Article 1 of Circular No. 02/2023/TT-BGTVT) as follows:

a) Amend and supplement Point a Clause 1 Article 9 of Circular No. 16/2021/TT-BGTVT (amended and supplemented by Point a Clause 4 Article 1 of Circular No. 08/2023/TT-BGTVT) as follows:

“a) The certificate of inspection and the inspection label issued to motor vehicles must have the same serial number, printed from the vehicle inspection management program on the form uniformly issued by the Vietnam Registration Bureau, with content consistent with the vehicle file and data on the vehicle inspection management program. For motor vehicles whose license plates have black letters and numbers, if the license plate serial number uses one of the following letters: A, B, C, D, E, F, G, H, K, L, M, N, P, S, T, U, V, X, Y, Z, then issue the certificate of inspection and the inspection label for motor vehicles engaged in commercial transport or not engaged in commercial transport according to the color of the license plate (commercial transport vehicles have yellow license plates and non-commercial transport vehicles have white license plates); for other cases, issue the certificate of inspection and the inspection label according to the declaration of the vehicle owner.”

b) Amend and supplement Point b Clause 3 Article 9 of Circular No. 16/2021/TT-BGTVT as follows:

“b) Motor vehicles that are in the process of completing the documentation for regional transfer; motor vehicles that have been issued a Certificate of Quality and Safety Technical Inspection and Environmental Protection for modified motor vehicles or a Certificate of Safety Technical Inspection and Environmental Protection for modified motor vehicles but are in the process of exchanging the Vehicle Registration Certificate; motor vehicles produced or assembled that have an Export Quality Inspection Report; imported motor vehicles that have a Certificate of Quality and Safety Technical Inspection and Environmental Protection for imported motor vehicles.”

c) Amend and supplement Point c Clause 3 Article 9 of Circular No. 16/2021/TT-BGTVT as follows:

“c) For unused motor vehicles that need to travel on the road for scientific research, production-related research, or pre-emission testing, when undergoing inspection, the vehicle owner shall provide the following documents: a request for safety technical inspection and environmental protection certificate for research and test driving according to the model prescribed in Appendix XXII attached to this Circular and the manufacturer's quality inspection report at the time of export (in case of imported motor vehicles, accompanied by a certified translation) or evidence showing that the motor vehicle has been driven for at least 3,000 kilometers, accompanied by the results of self-inspection after the test drive ensuring safety technical standards.”

d) Amend and supplement Clause 5 Article 9 of Circular No. 16/2021/TT-BGTVT (amended and supplemented by Point c Clause 4 Article 1 of Circular No. 02/2023/TT-BGTVT) as follows:

“5. Handling cases where the certificate of inspection or the inspection label remains valid but are lost, damaged, torn, or contain discrepancies in information as follows:

a) In the event that the initial certificate of inspection or the initial inspection label of motor vehicles exempted from inspection is lost, within seven working days from the date of issuance of the initial certificate of inspection or the initial inspection label, the vehicle owner or the person authorized under the law shall report to the inspection unit according to the form prescribed in Appendix I attached to this Circular to obtain a single reprint of the certificate of inspection and the inspection label. The vehicle owner does not need to bring the vehicle to the inspection unit but must pay the cost of reissuing the certificate of inspection and the inspection label according to Circular No. 11/2024/TT-BGTVT dated April 26, 2024, of the Minister of Transport regarding service fees for establishing vehicle files for motor vehicles exempted from initial inspection and reissuing certificates of inspection and inspection labels for motor vehicles (hereinafter referred to as Circular No. 11/2024/TT-BGTVT) and does not need to pay the fee for issuing the certificate of safety technical inspection and environmental protection for motor vehicles according to Circular No. 199/2016/TT-BTC dated November 8, 2016, regarding the level of collection, payment, and management of fees for issuing certificates of quality assurance and safety technical inspection for machines, equipment, and transportation vehicles with strict safety requirements (amended and supplemented by Circular No. 36/2022/TT-BTC);

b) In the event that the certificate of inspection or the inspection label of motor vehicles is lost (excluding simultaneous loss of both the certificate of inspection and the inspection label of motor vehicles and the case stipulated in Point a Clause 5 of this Article), damaged, or torn, the vehicle owner shall bring the undamaged certificate of inspection or inspection label, or both the certificate of inspection and the inspection label in the case of damage or tearing, to the previous inspection unit that issued the certificate of inspection and the inspection label to return them and report according to the form prescribed in Appendix I attached to this Circular to obtain a reprint of the certificate of inspection and the inspection label within one working day from the date of reporting. The vehicle owner does not need to bring the vehicle to the inspection unit but must pay the cost of reissuing the certificate of inspection and the inspection label according to Circular No. 11/2024/TT-BGTVT and does not need to pay the fee for issuing the certificate of safety technical inspection and environmental protection for motor vehicles according to Circular No. 199/2016/TT-BTC (amended and supplemented by Circular No. 36/2022/TT-BTC).

c) In case the Certificate of Inspection and Inspection Seal contain information that differs from the vehicle's file due to printing errors by the inspection unit, the vehicle owner shall bring the Certificate of Inspection and Inspection Seal to the inspection unit that issued them for reprinting within one working day from the date of submission. The vehicle owner does not need to bring the vehicle to the inspection unit, nor pay for the reprinting service of the Certificate of Inspection and Inspection Seal as stipulated in Circular No. 11/2024/TT-BGTVT, and does not have to pay the fee for issuing the safety and technical inspection certificate and environmental protection certificate for motor vehicles as stipulated in Circular No. 199/2016/TT-BTC (amended and supplemented by Circular No. 36/2022/TT-BTC). The inspection unit is responsible for recalling the Certificate of Inspection and Inspection Seal issued to the motor vehicle and reporting in writing to the Vietnam Motor Vehicle Inspection Authority and the Department of Transport at the local level.”

6. Amend and supplement Article 10 of Circular No. 16/2021/TT-BGTVT as follows:

“Article 10. Issuance of Inspection Seals

1. The inspection units shall request the issuance of Inspection Seals on the Government Public Service Portal and the single window electronic system of the Ministry of Transport according to the model prescribed in Appendix XII attached to this Circular from the 15th to the 20th of the last month of each quarter.

2. The Vietnam Motor Vehicle Inspection Authority shall send the Inspection Seals through public postal services or directly issue them to the inspection units based on their inspection needs and capacity. The implementation period is from the 23rd to the 30th of the last month of each quarter.

3. In cases where additional issuance is requested, the inspection units shall request the issuance of additional Inspection Seals on the Government Public Service Portal and the single window electronic system of the Ministry of Transport according to the model prescribed in Appendix XII attached to this Circular. The Vietnam Motor Vehicle Inspection Authority shall send the Inspection Seals through public postal services or directly issue them to the inspection units within 15 days from the date of receiving the request for additional Inspection Seals.”

7. Amend and supplement Article 11 of Circular No. 16/2021/TT-BGTVT as follows:

“Article 11. Reporting on Inspection Activities

1. Report on the Results of Inspection Activities

a) Name of the report: report on the results of inspection activities;

b) Content required for the report: according to the report form prescribed in Appendix XIII attached to this Circular;

c) Entity responsible for the report: inspection units;

d) Receiving authority: Vietnam Motor Vehicle Inspection Authority, local Department of Transport;

đ) Method of submitting the report: direct submission or through public postal services or email system;

e) Deadline for submission of the report: before the 20th of the last month of each quarter;

g) Frequency of reporting: quarterly;

h) Period for finalizing the data for the report: from the 15th of the last month of the previous quarter to the 14th of the last month of the current quarter.

2. Report on the List of Vehicles Exceeding the Service Life

a) Name of the report: report on the list of vehicles exceeding the service life;

b) Content required for the report: according to the report form prescribed in Appendix XIV attached to this Circular.

c) Entity responsible for the report: inspection units;

d) Receiving authority: Vietnam Motor Vehicle Inspection Authority, local Department of Transport;

đ) Method of submitting the report: direct submission or through public postal services or email system;

e) Deadline for submission of the report: before January 20th each year for the report on vehicles exceeding the service life;

g) Frequency of reporting: annual;

h) Period for finalizing the data for the report: the number of vehicles exceeding the service life from January 1st of the reporting year for the report on vehicles exceeding the service life.

3. Ad hoc reports upon request of competent authorities.”

8. Amend and supplement Point c Clause 6 Article 12 of Circular No. 16/2021/TT-BGTVT as follows:

“c) Motor vehicles undergoing inspection must be recorded during the inspection process on the assembly line and stored at the inspection unit. Video recordings from IP cameras monitoring the inspection process on the assembly line must be stored at the inspection unit for a minimum of 30 days from the date of inspection.”

9. Amend and supplement Clause 5 Article 14 of Circular No. 16/2021/TT-BGTVT as follows:

“5. Develop plans, print, manage, and distribute various types of seals.”

10. Amend and supplement Clause 18 Article 16 of Circular No. 16/2021/TT-BGTVT (supplemented by Clause 7 Article 1 of Circular No. 02/2023/TT-BGTVT) as follows:

“18. Coordinate in reissuing and issuing again the Certificate of Inspection and Inspection Seal in cases where the initial Certificate of Inspection or initial Inspection Seal is lost but remains valid as stipulated in Point a Clause 5 Article 9 of this Circular.”

Article 2. Amending and supplementing some articles of Circular No. 03/2018/TT-BGTVT dated January 10, 2018, issued by the Minister of Transport on technical quality and environmental protection inspection for imported automobiles within the scope of Decree No. 116/2017/NĐ-CP.

Amending and supplementing Clause 2 of Article 7 as follows:

"2. In cases where imported automobiles suffer damage during transportation from abroad to Vietnam, the importing enterprises are permitted to repair, specifically as follows:

a) Repair or replace with unused spare parts and components of the same type for cases where the body, driver's cabin, cargo compartment are dented, have scratches or localized oxidation but not rotten or perforated;

b) Replace with unused spare parts and components of the same type for cases where: windshields, windows, door glass are cracked or broken; lighting and signal systems are cracked or broken; control relays are missing; rearview mirrors are cracked or broken; wipers are damaged or malfunctioning; starting batteries do not function; tires are punctured or torn."

Article 3. Abolishing, replacing, and supplementing some points, clauses, articles, and Appendices issued together with Circular No. 16/2021/TT-BGTVT and Circular No. 08/2023/TT-BGTVT.

1. Abolishing point a clause 3 Article 9 of Circular No. 16/2021/TT-BGTVT.

2. Replacing Appendix I, Appendix II (which has been replaced by Appendix I, Appendix II issued together with Circular No. 08/2023/TT-BGTVT), Appendix XIII, Appendix XIV, Appendix XV, and Appendix XVIII respectively with Appendix I, Appendix II, Appendix III, Appendix IV, Appendix V, and Appendix VI issued together with this Circular.

3. Supplementing Appendix XXII into Circular No. 16/2021/TT-BGTVT correspondingly with Appendix VII issued together with this Circular.

4. Replacing the phrase "Vehicle Registration Certificate" with the phrase "Vehicle Registration Confirmation" at:

a) Point b clause 6 Article 8, clause 2 Article 9, point e clause 1 Article 12, Appendix IV of Circular No. 16/2021/TT-BGTVT;

b) Appendix III of Circular No. 16/2021/TT-BGTVT (replaced by Appendix III issued together with Circular No. 08/2023/TT-BGTVT).

5. Replacing the phrase "Certificate of Technical Quality and Environmental Protection for Modified Motor Vehicles" with the phrase "Certificate of Technical Quality and Environmental Protection for Modified Motor Vehicles or Safety Technical Quality and Environmental Protection Certificate for Modified Motor Vehicles" at:

a) Point c clause 1 Article 6 of Circular No. 16/2021/TT-BGTVT (amended and supplemented by clause 2 Article 1 of Circular No. 02/2023/TT-BGTVT);

b) Point b clause 5 Article 8, point c clause 1 Article 12, and Appendix IV of Circular No. 16/2021/TT-BGTVT.

Article 4. Implementation provisions

1. This Circular takes effect from October 1, 2024.

2. The Director of the Ministry’s Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Vehicle Inspection Bureau, the Director of the Vietnam Road Administration Bureau, the Directors of Provincial and Central City Departments of Transport, the Heads of agencies, organizations, and individuals related to this matter shall be responsible for implementing this Circular./.