Circular No. 34/2021/TT-BGTVT on the management and operation of vehicle weight inspection stations on roads

 

CIRCULAR
Regulations on management and operation of vehicle weight inspection stations on roads
on public roads 

BASED ON THE LAW ON TRAFFIC ON ROADS 2008;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating functions, tasks, powers, organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Traffic Safety and the General Director of the Vietnam Highway Corporation,

The Minister of Transport issues this Circular regulating management and operation of vehicle weight inspection stations on roads.

Article 1. Scope of Regulation and Applicability

1. This Circular regulates management and operation of vehicle weight inspection stations on roads.

2. This Circular applies to organizations and individuals related to management and operation of vehicle weight inspection stations on roads.

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. Vehicle weight inspection stations include fixed vehicle weight inspection stations and mobile vehicle weight inspection stations (hereinafter referred to as Stations) which are places where road administration agencies collect, analyze, and evaluate the impact of vehicle weights and dimensions on road safety; inspect and handle violations of overloaded vehicles, vehicles exceeding bridge and road limits, vehicles exceeding permissible traffic loads, and tracked vehicles traveling on roads.

2. Road administration agencies are the Vietnam Highway Corporation, the Road Administration Department, and specialized agencies under provincial People's Committees responsible for transport (hereinafter referred to as Provincial Department of Transport).

3. Organizations entrusted with managing and operating road infrastructure (hereinafter referred to as Organizations entrusted with managing and maintaining roads) are Public-Private Partnership projects or enterprises entrusted by the State to invest in construction, manage, and operate road works.

Article 3. General Principles

1. Vehicle weight inspections on roads shall be conducted openly, objectively, and in accordance with the provisions of the law.

2. Vehicle weight inspections on roads shall be carried out through:

a) Fixed vehicle weight inspection stations equipped with fixed vehicle weighing systems installed on roads, recording devices, and other auxiliary equipment;

b) Mobile vehicle weight inspection stations equipped with portable vehicle weighing systems not installed on roads and other auxiliary equipment;

c) Fixed vehicle weighing systems installed on roads; independent installation locations or combined with toll stations;

d) Portable vehicle weighing systems (handheld scales) of authorized enforcement forces;

e) Centralized monitoring and management systems for vehicle weight data managed, operated, and exploited by the Vietnam Highway Corporation (hereinafter referred to as the Vietnam Highway Corporation's centralized vehicle weight data management system);

f) Administrative violation handling measures by authorized enforcement forces according to the provisions of the law.

Article 4. Requirements for vehicle weight inspection stations when put into operationStation inspecting vehicle load capacity when put into operation

1. Comply with the Technical Standards for Vehicle Weight Inspection Stations.

2. Have vehicle weighing equipment that meets the requirements stipulated by the law on metrology.

3. Data results from the Station (excluding handheld scale data) must be connected to the Vietnam Highway Corporation's centralized vehicle weight data management system.

Article 5Operation of fixed vehicle weight inspection stations managed by road administration agenciesoperation

1. The Station operates 24/7 throughout the week, including holidays and public holidays. In case of technical failure or natural disaster, the Station must temporarily cease operations, and the directly managing unit must immediately report in writing (or via fax, email) to the directly managing road administration agency; the reporting time must not exceed one day from the moment the Station ceases operations.

2. Personnel directly operating the vehicle weight inspection station must meet the operational requirements stipulated in Article 8 of this Circular.

3. Authorized enforcement forces use the results obtained from the vehicle weight inspection station to detect, determine administrative violations, and impose administrative penalties according to the law.

Article 6Operation of fixed vehicle weight inspection stations managed by organizations entrusted with managing and maintaining roads for the operation

1. The Station operates 24/7 throughout the week, including holidays and public holidays. In case of technical failure or natural disaster, the Station must temporarily cease operations, and the directly managing unit must immediately report in writing (or via fax, email) to the Regional Road Administration Department (for stations on national highways) or the Provincial Department of Transport (for stations on local road systems); the reporting time must not exceed one day from the moment the Station ceases operations.

2. Personnel directly operating the vehicle weight inspection station must meet the operational requirements stipulated in Article 8 of this Circular.

3. Authorized enforcement forces use the results obtained from the vehicle weight inspection station to detect, determine administrative violations, and impose administrative penalties according to the law.

Article 7Operation of mobile vehicle weight inspection stations

1. The operating hours of mobile vehicle weight inspection stations are based on plans approved by road administration agencies; in case of urgent tasks, there must be written instructions from authorized agencies.

2. Personnel directly operating mobile vehicle weight inspection stations must meet the operational requirements stipulated in Article 8 of this Circular.

3. Authorized enforcement forces use the results obtained from the vehicle weight inspection station to detect, determine administrative violations, and impose administrative penalties according to the law.

Article 8. Requirements for operational personnel of person a) Number of authorized signatories for C/O and Approval Documents who have participated in training on origin of goods: … people. vehicle weight inspection stations

1. Be familiar with the management and use regulations of equipment at vehicle weight inspection stations.

2. Receive training on procedures, usage techniques, maintenance of equipment at vehicle weight inspection stations, and relevant laws on administrative violation handling.

Article 9Operating expenses of vehicle weight inspection stations

1. For vehicle weight inspection stations directly managed by road administration agencies, operating expenses are allocated from:

a) Sources for public economic affairs expenses on national highways (excluding salaries and allowances for those already receiving salaries from the state budget); wherein, sources from the central government's budget for Stations that are state assets managed by the Ministry of Transport, and sources from local government budgets for Stations that are state assets managed by local People's Committees at various levels;

b) Other lawful funding sources as prescribed by law.

2. For Weigh-in-Motion Stations managed and maintained by Organizations assigned to manage and maintain roads: operating costs are allocated from the management and operation expenses of the project, included in the financial plan of the PPP Project Contract (for projects invested in and operated under the Public-Private Partnership model).

Article 10. Reporting System

1. Report on the situation and results of vehicle weight inspections on national highways nationwide

a) Report title: Report on the situation and results of vehicle weight inspections;

b) Content required in the report: Results of vehicle weight inspections;

c) Reporting entity: Vietnam Highway Administration;

d) Receiving authority: Ministry of Transport;

đ) Method of submitting the report: The report can be presented in paper form or electronic form. The report shall be submitted to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

e) Frequency of reporting: quarterly and annually;

g) Deadline for submitting the report: Before the 25th day of the last month of each quarter for quarterly reports; before December 25 of the reporting period for annual reports;

h) Data closing period for the report: From the 15th day of the month preceding the reporting period to the 14th day of the last month of each quarter for quarterly reports; from December 15 of the year preceding the reporting period to December 14 of the reporting period for annual reports;

i) Outline of the report: As stipulated in the Appendix of this Circular;

2. Report on the situation and results of vehicle weight inspections in regions and localities

a) Report title: Report on the situation and results of vehicle weight inspections;

b) Content required in the report: Results of vehicle weight inspections;

c) Reporting entity: Road Management Corporation, Department of Transport;

d) Receiving authority: Vietnam Highway Administration;

đ) Method of submitting the report: The report can be presented in paper form or electronic form. The report shall be submitted to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

e) Frequency of reporting: quarterly and annually;

g) Deadline for submitting the report: Before the 22nd day of the last month of each quarter for quarterly reports; before December 22 of the reporting period for annual reports;

h) Data closing period for the report: From the 15th day of the month preceding the reporting period to the 14th day of the last month of each quarter for quarterly reports; from December 15 of the year preceding the reporting period to December 14 of the reporting period for annual reports;

i) Outline of the report: As stipulated in the Appendix of this Circular;

3. Report on the situation and results of vehicle weight inspections by Organizations assigned to manage and maintain roads

a) Report title: Report on the situation and results of vehicle weight inspections;

b) Content required in the report: Results of vehicle weight inspections;

c) Reporting entity: Organizations assigned to manage and maintain roads;

d) Receiving authority: Road Management Corporation or Department of Transport according to the scope and responsibility of management;

đ) Method of submitting the report: The report can be presented in paper form or electronic form. The report shall be submitted to the receiving authority through one of the following methods: direct submission, postal service, fax, email system, or other methods as prescribed by law;

e) Frequency of reporting: quarterly and annually;

g) Deadline for submitting the report: Before the 18th day of the last month of each quarter for quarterly reports; before December 18 of the reporting period for annual reports;

h) Data closing period for the report: From the 15th day of the month preceding the reporting period to the 14th day of the last month of each quarter for quarterly reports; from December 15 of the year preceding the reporting period to December 14 of the reporting period for annual reports;

i) Outline of the report: As stipulated in the Appendix of this Circular;

Article 11. Responsibilities of person directly operating the Station

1. Managing and operating the Weigh-in-Motion Station in accordance with the procedures and regulations of the law.

2. Transferring the results obtained from the Weigh-in-Motion Station to the road management agency and competent authorities for administrative violations to assess the impact of vehicle weights and dimensions on road safety, determine administrative violations, and impose administrative penalties as prescribed.

3. Being responsible for the accuracy of the data on the Vehicle Weight Inspection Slip compared to the results obtained from the Weigh-in-Motion Station when provided to the road management agency and competent authorities for administrative violations.

4. Cooperating with relevant agencies to resolve complaints, suggestions, and appeals related to the results obtained from the Weigh-in-Motion Station under their operation.

5. Wearing uniforms while performing duties. The uniform design is decided by the directly managing unit but must ensure the presence of the unit's emblem, nameplate, and position badge in easily recognizable positions.

6. Performing other tasks assigned by the directly managing agency.

Article 12Responsibilities of the Road Management Agency

1. Vietnam Highway Administration

a) Organizing vehicle weight inspections on the national highway system; coordinating with localities to conduct vehicle weight inspections on the local road system upon request from local road management agencies;

b) Managing, operating, exploiting, and maintaining the operation of the vehicle weight inspection data management system of the Vietnam Highway Administration;

c) Deciding to put into operation fixed Weigh-in-Motion Stations on national highways and mobile Weigh-in-Motion Stations managed by units;

d) Organizing training for units, organizations, and individuals involved regarding the procedures, operations, maintenance, and technical equipment usage of Weigh-in-Motion Stations, and laws related to handling administrative violations;

đ) Implementing the reporting system as prescribed in Article 10 of this Circular.

2. Responsibilities of Road Management Corporations

a) Conducting vehicle weight inspections on the national highway system within their jurisdiction or as directed by the Vietnam Highway Administration; coordinating with localities to conduct vehicle weight inspections on the local road system upon request from local road management agencies;

b) Connecting the weighing device data of Weigh-in-Motion Stations they manage with the vehicle weight inspection data management system of the Vietnam Highway Administration;

c) Implementing the reporting system as prescribed in Article 10 of this Circular.

3. Responsibilities of Departments of Transport

a) Advise the People's Committee of the province to decide on the operation of fixed vehicle weight inspection stations on the local road system; decide on the operation of mobile vehicle weight inspection stations managed by the locality; direct and organize the implementation of vehicle weight inspections on the road system within the locality's jurisdiction; and the regime and policies for the operation of vehicle weight inspection stations managed by the locality;

b) Conduct vehicle weight inspections on the local road system and national highway system under its management level; coordinate with the Highway Administration to conduct vehicle weight inspections on national highways passing through the locality when requested by the Highway Administration, the Vietnam Directorate of Roads or directed by the Ministry of Transport;

c) Connect the weighing equipment data of the vehicle weight inspection stations assigned to manage with the Vietnam Directorate of Roads' vehicle weight inspection data management system;

d) Coordinate with the Vietnam Directorate of Roads to organize training for units, organizations, and individuals under its management authority on procedures, usage operations, maintenance of technical equipment of vehicle weight inspection stations, and relevant laws on administrative violation handling;

đ) Implementing the reporting system as prescribed in Article 10 of this Circular.

Article 13. Responsibilities of Organizations entrusted with managing and maintaining roads

1. Maintain the operation of vehicle weight inspection stations managed by the organization; provide results obtained from vehicle weight inspection stations managed by the organization to competent traffic management agencies and enforcement forces authorized to impose administrative penalties according to regulations;

2. Connect the weighing equipment data of vehicle weight inspection stations managed by the organization with the Vietnam Directorate of Roads' vehicle weight inspection data management system;

3. Coordinate with competent authorities in addressing complaints, suggestions, and appeals from organizations and individuals related to results obtained from vehicle weight inspection stations managed by the organization;

4. Coordinate with the Vietnam Directorate of Roads to organize training for units, organizations, and individuals under its management authority on procedures, usage operations, maintenance of technical equipment of vehicle weight inspection stations, and relevant laws on administrative violation handling;

5. Implement reporting requirements as stipulated in Article 10 of this Circular;

Article 14. Effective Date

1. This Circular takes effect from February 15, 2022.

2. Repeal Circular No. 10/2012/TT-BGTVT dated April 12, 2012, issued by the Minister of Transport, regarding the organization and operation of vehicle weight inspection stations on roads;

Article 15. Transitional Provisions

For vehicle weight inspection stations that have been authorized by competent authorities to commence operations, and for fixed vehicle weight inspection equipment for motor vehicles installed on roads that have been authorized to invest and implement before the effective date of this Circular, such equipment may continue to operate until a new decision is issued by the competent authority to replace it;

Article 16. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director-General of the Vietnam Directorate of Roads, Directors of Provincial Department of Transport, Director of Lao Cai Provincial Department of Transport - Construction, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.