Circular No. 36/2011/TT-BGTVT amending and supplementing certain articles of Circular No. 02/2009/TT-BGTVT dated April 3, 2009, issued by the Minister of Transport, on the inspection of quality, technical safety, and environmental protection of railway transport vehicles.

CIRCULAR

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 02/2009/TT-BGTVT

DATED APRIL 3, 2009 ISSUED BY THE MINISTER OF TRANSPORTATION ON QUALITY CONTROL, TECHNICAL SAFETY, AND ENVIRONMENTAL PROTECTION INSPECTION

concerning quality inspection, technical safety, and environmental protection

for railway transport vehicles

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BASED ON THE RAILWAY LAW PROMULGATED ON JUNE 14, 2005;

BASED ON DECREE NO. 109/2006/NĐ-CP DATED SEPTEMBER 22, 2006 ISSUED BY THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE RAILWAY LAW;

BASED ON DECREE NO. 51/2008/NĐ-CP DATED APRIL 22, 2008 ISSUED BY THE GOVERNMENT ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF TRANSPORTATION,

THE MINISTER OF TRANSPORTATION ISSUES THE FOLLOWING PROVISIONS:

 Article 1. AMENDING CERTAIN PROVISIONS OF CIRCULAR NO. 02/2009/TT-BGTVT DATED APRIL 3, 2009 ISSUED BY THE MINISTER OF TRANSPORTATION

1. Article 5: Delete the clause "The design dossier prepared by the design entity or production entity meeting the required conditions shall be submitted in three copies to the inspection agencies for review."

2.     Supplement Clause 4, Clause 5, and Clause 6 to Article 6 as follows:

4. Design dossier for review:

a) One application form for design review according to Model 3 attached to this Circular;

b) Three design dossiers as stipulated in Article 5 of this Circular.

5. Implementation procedure::

a) Organizations and individuals prepare one dossier and submit it to the Vietnam Vehicle Inspection Agency. The contents of the design dossier are as prescribed in Article 5 of this Circular.

b) The Vietnam Vehicle Inspection Agency receives and checks the dossier. If the dossier is incomplete, the agency will guide organizations and individuals to complete it. If the dossier is complete, the agency will issue a notice of the time for result delivery.

c) The Vietnam Vehicle Inspection Agency conducts the review of the design dossier. If the design dossier does not meet the requirements, the agency will inform the organization or individual. If it meets the requirements, the agency will issue a certificate of design review.

6. Method of implementation:

Organizations and individuals submit the dossier and receive the review results directly at the office of the Vietnam Vehicle Inspection Agency or through the postal service.”

3.     Supplement Clause 4, Clause 5, and Clause 6 to Article 7 as follows:

4. Procedure for implementation:

a) Organizations and individuals prepare one dossier according to Clause 1 of this Article and submit it to the Vietnam Vehicle Inspection Agency.

b) The Vietnam Vehicle Inspection Agency receives and checks the dossier. If the dossier is incomplete, the agency will guide organizations and individuals to complete it. If the dossier is complete, the agency will issue a notice of the time and place for on-site inspection as requested by the applicant.

c) The Vietnam Vehicle Inspection Agency conducts the on-site inspection at the location requested by the applicant. If the inspection does not meet the requirements, the agency will inform the organization or individual. If it meets the requirements, the agency will issue a certificate of quality, technical safety, and environmental protection for the vehicle (hereinafter referred to as the certificate) according to regulations.

5. Method of implementation:

Organizations and individuals submit the dossier and receive the inspection results directly at the office of the Vietnam Vehicle Inspection Agency or through the postal service.

6. Validity period of the certificate:

a) For national railways

- Locomotives and specialized vehicles are valid for 18 months from the date of successful inspection and issuance of the certificate.

- Passenger cars are valid for 28 months from the date of successful inspection and issuance of the certificate.

- Freight cars are valid for 36 months from the date of successful inspection and issuance of the certificate.

b) For dedicated railways: 30 months from the date of successful inspection and issuance of the certificate.”

4.     Supplement Clause 4 and Clause 5 to Article 8 as follows:

4. Procedure for implementation:

a) Organizations and individuals prepare one dossier according to Clause 1 of this Article and submit it to the Vietnam Vehicle Inspection Agency.

b) The Vietnam Vehicle Inspection Agency receives and checks the dossier. If the dossier is incomplete, the agency will guide organizations and individuals to complete it. If the dossier is complete, the agency will issue a notice of the time and place for on-site inspection as requested by the applicant.

c) The Vietnam Vehicle Inspection Agency conducts the on-site inspection at the location requested by the applicant. If the inspection does not meet the requirements, the agency will inform the organization or individual. If it meets the requirements, the agency will issue a certificate for the vehicle according to regulations.

5. Method of implementation: Organizations and individuals submit the dossier and receive the inspection results directly at the office of the Vietnam Vehicle Inspection Agency or through the postal service.”

5.     Supplement Clause 4, Clause 5, and Clause 6 to Article 9 as follows:

4. Procedure for implementation:

a) Organizations and individuals prepare one dossier according to Clause 1 of this Article and submit it to the Vietnam Vehicle Inspection Agency.

b) The Vietnam Vehicle Inspection Agency receives and checks the dossier. If the dossier is incomplete, the agency will guide organizations and individuals to complete it. If the dossier is complete, the agency will issue a notice of the time and place for on-site inspection as requested by the applicant.

c) The Vietnam Vehicle Inspection Agency conducts the on-site inspection at the location requested by the applicant. If the inspection does not meet the requirements, the agency will inform the organization or individual. If it meets the requirements, the agency will issue a certificate for the vehicle according to regulations.

5. Method of implementation: Organizations and individuals submit the dossier and receive the inspection results directly at the office of the Vietnam Vehicle Inspection Agency or through the postal service.

6. Validity period of the certificate:

a) For national railways:

- New imported locomotives and specialized vehicles are valid for 18 months from the date of successful inspection and issuance of the certificate;

- New imported passenger cars are valid for 28 months from the date of successful inspection and issuance of the certificate;

- New imported freight cars are valid for 36 months from the date of successful inspection and issuance of the certificate;

- For second-hand imported vehicles, the validity period is 12 months from the date of successful inspection and issuance of the certificate.

b) For dedicated railways:

- For new imported vehicles, the validity period is 30 months from the date of successful inspection and issuance of the certificate.

- For second-hand imported vehicles, the validity period is 18 months from the date of successful inspection and issuance of the certificate.”

6.     Amend Clause 1 and supplement Clause 5 and Clause 6 to Article 10 as follows:

1. Time of inspection and validity of the certificate for vehicles operating on national railway and urban railway

a) For imported vehicles and newly manufactured and assembled vehicles

- Periodic inspection of locomotives and special-purpose vehicles shall be carried out at the same time as the first secondary and tertiary repairs of the vehicle.

- Periodic inspection of passenger cars shall be carried out at the same time as the first annual repair of the car.

b) For vehicles currently in operation

- Periodic inspection of locomotives and powered passenger cars shall be carried out at the same time as the major overhaul, ky-level, secondary, and tertiary repairs of the vehicle but not more than 18 months from the date of completion of the satisfactory inspection and issuance of the certificate.

- Periodic inspection of passenger cars shall be carried out at the same time as the major overhaul and annual repair of the vehicle but not more than 14 months from the date of completion of the satisfactory inspection and issuance of the certificate.

- Periodic inspection of freight cars shall be carried out at the same time as the major overhaul and annual repair of the vehicle but not more than 20 months from the date of completion of the satisfactory inspection and issuance of the certificate.

- Periodic inspection of special-purpose vehicles shall be carried out according to the permitted period specified in the certificate. The validity of the certificate issued for special-purpose vehicles is 18 months from the date of completion of the satisfactory inspection and issuance of the certificate.

5. Implementation procedure:

a) Organizations and individuals shall prepare one set of documents in accordance with Clause 3 of this Article and submit the documents to the Vietnam Registering Agency.

b) The Vietnam Registering Agency shall accept and review the documents. If the documents are incomplete, the agency shall guide organizations and individuals to complete them. If the documents are complete, the agency shall issue a notice of inspection appointment based on the applicant's request regarding the time and location of the actual inspection.

c) The Vietnam Registering Agency shall conduct an actual inspection at the location requested by the applicant. If the inspection is unsatisfactory, the agency shall notify the organization or individual. If the inspection is satisfactory, the agency shall issue a certificate for the vehicle in accordance with regulations.

6. Implementation method: Organizations and individuals shall submit applications and receive inspection results directly at the office of the Vietnam Registering Agency or through the postal service.

7. Amend Item 2.1 of Appendix 2 and supplement Appendix 3 as follows:

a) Appendix 2: 2.1. Sample of Design Approval Certificate.

b) Appendix 3: Sample of Design Approval Request Form.

Article 2. Effectiveness and responsibility for implementation

1. This Circular takes effect forty-five (45) days from the date of issuance.

2. Certificates already issued before the effective date of this Circular remain valid until their expiration date as indicated on the certificates.

3. The Director of the Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Registering Agency, the Director of the Vietnam Railway Administration, and the Heads of related organizations and individuals are responsible for implementing this Circular.