Circular No. 37/2011/TT-BGTVT amending and supplementing the regulations on the renovation of road motor vehicles and the conditions for establishing and operating Motor Vehicle Inspection Centers, the regulations on technical safety inspection and environmental protection of road motor vehicles under Circular No. 10/2009/TT-BGTVT, and the procedures for technical safety inspection and environmental protection of road motor vehicles under Circular No. 22/2009/TT-BGTVT.

CIRCULAR

Amending and supplementing some Articles of the Regulations on the renovation of road motor vehicles issued together with Decision No. 15/2005/QĐ-BGTVT dated February 15, 2005, and the Regulations on conditions for establishing and operating Motor Vehicle Centers issued together with Decision No. 45/2005/QĐ-BGTVT dated September 23, 2005, Circular No. 10/2009/TT-BGTVT dated June 24, 2009, regulating technical safety inspection and environmental protection of road motor vehicles, and Circular No. 22/2009/TT-BGTVT dated October 6, 2009, regulating procedures for technical safety inspection and environmental protection of road motor vehicles issued by the Minister of Transport. pursuant to Decision No. 15/2005/QD-BGTVT dated February 15, 2005, regulating the establishment and operation conditions of Motor Vehicle Testing Centers

Decision No. 45/2005/QD-BGTVT dated September 23, 2005, Circular No. 10/2009/TT-BGTVT dated June 24, 2009, stipulating technical safety inspection and environmental protection for road motor vehiclesCircular No. 22/2009/TT-BGTVT dated October 6, 2009, stipulating procedures for technical safety inspection and environmental protection for road motor vehicles inspectors

d) Appendix 5: Certificate of Technical Safety Quality and Environmental Protection for Modified Motor Vehicles. dated September 23, 2005, Circular No. 10/2009/TT-BGTVT

dated June 24, 2009, stipulates technical safety inspection and environmental protection for road motor vehicles

and Circular No. 22/2009/TT-BGTVT dated October 6, 2009, stipulates procedures for technical safety inspection and environmental protection for road motor vehicles

an toàn kỹ thuật và bảo vệ môi trường phương tiện giao thông cơ giới

The Minister of Transport hereby promulgates as follows:

_________________________
 

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 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;

Article 1. Amending and supplementing some Sections of the Regulations issued together with Decision No. 15/2005/QĐ-BGTVT.

1. Supplementing Sections 2.4, 2.5, 2.6, and 2.7 after Section 2.3 as follows:

“2.4. Procedure:

a) Organizations and individuals prepare one set of application documents for design review according to regulations and submit directly or through postal services to the Vietnam Vehicle Registration Agency or the Department of Transport.

b) The Vietnam Vehicle Registration Agency or the Department of Transport receives and checks the completeness of the documents: If the documents are incomplete according to regulations, they guide organizations and individuals to supplement and complete them; if the documents are complete according to regulations, they issue a notice of the time to return the design review result.

c) The Vietnam Vehicle Registration Agency or the Department of Transport conducts the design review: If the design does not meet requirements, they notify additional or corrective actions; if the design meets requirements, they issue a Design Review Certificate for Renovated Motor Vehicles according to Model 1 in the Appendix.

2.5. Method of Implementation: Organizations and individuals can submit applications and receive results directly at the office of the Vietnam Vehicle Registration Agency or the Department of Transport or through postal services.

2.6. Application Documents for Design Review Include:

a) A request for design review (original) according to Model 2 in the Appendix;

b) Four sets of design documents (as stipulated in Section 2.2);

c) A certified copy or a photocopy with the original for comparison of the Business Registration Certificate of the design entity (for the first-time design review of the design entity).

2.7. Time Limit for Resolution:

Within ten working days from the date of receiving complete documents according to regulations, the Vietnam Vehicle Registration Agency or the Department of Transport issues a Design Review Certificate for Renovated Motor Vehicles if the documents meet requirements; or notifies organizations and individuals in writing if the documents do not meet requirements.”

2. Repealing Point e of Section 2.3.

3. Amending Point a and Point d of Section 4.2 as follows:

“a) A request for acceptance of renovated motor vehicles according to Model 3 in the Appendix;

d) An acceptance certificate of renovated motor vehicles upon factory release according to Model 4 in the Appendix.”

4. Supplementing Sections 4.8, 4.9, 4.10, and 4.11 after Section 4.7 as follows:

“4.8. Procedure:

a) Organizations and individuals complete one set of documents according to regulations and submit directly or through postal services to the Vietnam Vehicle Registration Agency or the Department of Transport.

b) The Vietnam Vehicle Registration Agency or the Department of Transport receives and checks the documents: If the documents are incomplete according to regulations, they guide organizations and individuals to supplement and complete them; if the documents are complete according to regulations, they issue a notice according to the organization's or individual's request about the time and place for inspecting the renovated motor vehicle.

c) The Vietnam Vehicle Registration Agency or the Department of Transport conducts an actual inspection of the renovated motor vehicle: If it does not meet requirements, they notify and guide organizations and individuals to rectify; if it meets requirements, they issue a Technical Safety and Environmental Protection Quality Certificate for Renovated Motor Vehicles to organizations and individuals according to Model 5 in the Appendix.

4.9. Method of Implementation: Organizations and individuals can submit documents and receive results directly at the office of the Vietnam Vehicle Registration Agency or the Department of Transport or through postal services.

4.10. Time Limit for Resolution: Issuing a Technical Safety and Environmental Protection Quality Certificate for Renovated Motor Vehicles to organizations and individuals within five working days from the end of the successful inspection.

4.11. Validity Period of the Technical Safety and Environmental Protection Quality Certificate for Renovated Motor Vehicles issued to vehicles already registered with license plates is twelve months from the date of issuance; for used imported vehicles without license plates, there is no specified validity period.”

5. Changing the phrase "Certificate of Quality of Renovated Motor Vehicles" to "Technical Safety and Environmental Protection Quality Certificate of Renovated Motor Vehicles" in the Regulations issued together with Decision No. 15/2005/QĐ-BGTVT.

6. Supplementing Appendices 1, 2, 3, 4, and 5 of the Regulations issued together with Decision No. 15/2005/QĐ-BGTVT as follows:

a) Appendix 1: Technical Safety and Environmental Protection Quality Certificate of Renovated Motor Vehicles;

b) Appendix 2: Request for Design Review of Renovated Motor Vehicles;

c) Appendix 3: Request for Acceptance of Renovated Motor Vehicles;

d) Appendix 4: Acceptance Certificate of Renovated Motor Vehicles Upon Factory Release;

đ) Appendix 5: Technical Safety and Environmental Protection Quality Certificate of Renovated Motor Vehicles.

d) Appendix 5: Certificate of Technical Safety Quality and Environmental Protection for Modified Motor Vehicles.

Article 2. Amend and supplement some articles of the Regulations on Conditions for Establishing and Operating Motor Vehicle Inspection Centers issued together with Decision No. 45/2005/QĐ-BGTVT

1. Businesses wishing to enjoy the preferential tax treatment provided by Japan under the tariff quota for natural honey imports into Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership must submit their application at the licensing authority (Provincial People's Committee) where the exporting business is headquartered to be confirmed.

Article 6. Issuing a Certificate of Operation for Motor Vehicle Inspection

1. After completing investment, organizations and individuals shall submit the dossier to the Vietnam Motor Vehicle Registration Agency for it to conduct inspection and issue the Certificate of Operation for Motor Vehicle Inspection. The dossier includes:

a) A request for inspection to issue the Certificate of Operation for Motor Vehicle Inspection according to the model specified in Appendix 1 of this Regulation;

b) A list of job titles working at the Motor Vehicle Inspection Center (original);

c) A list of inspection equipment and tools (original);

d) The completed floor plan of the Inspection Center (photocopies);

d) Business registration certificate for enterprises or establishment decision for public institutions (certified copy or photocopy with original for comparison).

"2. Implementation procedures:"

a) Organizations and individuals shall submit one set of the dossier requesting issuance of the Certificate of Operation for Motor Vehicle Inspection to the Vietnam Motor Vehicle Registration Agency;

b) The Vietnam Motor Vehicle Registration Agency shall accept and inspect the dossier. If the dossier meets the regulations, within fifteen working days, the Agency will notify organizations and individuals about the actual inspection time at the construction site of the Motor Vehicle Inspection Center. If the dossier does not meet the requirements, within one working day, the Vietnam Motor Vehicle Registration Agency will issue a written notice requesting organizations and individuals to complete the dossier.

c) The Vietnam Motor Vehicle Registration Agency will conduct inspection at the notified time and issue the Certificate of Operation for Motor Vehicle Inspection according to the model specified in Appendix 2 of this Regulation to the Motor Vehicle Inspection Center within five working days from the end date of the successful inspection. If the inspection results are unsatisfactory, within five working days, the Vietnam Motor Vehicle Registration Agency will issue a written notice for organizations and individuals to rectify and re-inspect.

3. Implementation method: Organizations and individuals may submit the dossier and receive the result directly at the headquarters of the Vietnam Motor Vehicle Registration Agency or through the postal service.

4. Annually, the Vietnam Motor Vehicle Registration Agency will conduct inspections and evaluations in accordance with current regulations.

2. Supplement Appendix 2: "Model Certificate of Operation for Motor Vehicle Inspection" into the Regulation issued together with Decision No. 45/2005/QĐ-BGTVT dated September 23, 2005.

Article 3. Supplement Section 10.5. Monitoring Equipment into Section 10.4 of Appendix 1. Categories and Inspection Methods issued together with Circular No. 10/2009/TT-BGTVT

Article 4. Amend and supplement some articles of Circular No. 22/2009/TT-BGTVT on Technical Safety Inspection and Environmental Protection of Road Motor Vehicles

1. Amend Article 5 as follows:

Article 5. Dossier for Inspection

The inspection dossier (one set) includes:

1. Vehicle Registration Certificate issued by competent state agencies (original);

2. Valid Motor Vehicle Owner's Civil Liability Insurance Certificate (original);

3. Quality and Technical Safety and Environmental Protection Certificate for Imported Motor Vehicles or Notification of Exemption from Quality Inspection for Imported Motor Vehicles if it is the first inspection (original);

4. Inspection Book; Quality and Technical Safety and Environmental Protection Certificate and Inspection Label of the previous inspection if it is a periodic inspection (original);

5. Quality and Technical Safety and Environmental Protection Certificate for Modified Motor Vehicles applicable to modified motor vehicles (original);

6. Business Registration Certificate for Transport applicable to motor vehicles engaged in transport business (photocopy).

2. Supplement Clause 3 and Clause 4 after Clause 2 of Article 6 as follows:

3. Motor vehicles subject to the requirement of installing monitoring equipment must undergo inspection after installation.

4. Procedure and Method of Implementation

a) Organizations and individuals bring the vehicle and present the inspection dossier to one of the Motor Vehicle Inspection Centers that have been issued the Certificate of Operation for Motor Vehicle Inspection by the Vietnam Motor Vehicle Registration Agency.

b) The Motor Vehicle Inspection Center accepts and inspects the dossier. If the dossier is incomplete, they will guide organizations and individuals to complete it again; If the dossier is complete, they will proceed with the vehicle inspection.

c) The Motor Vehicle Inspection Center issues the Quality and Technical Safety and Environmental Protection Certificate and Inspection Label for vehicles meeting the standards or informs the reasons for non-compliance.

3. Replace the phrase "Certificate of Technical Safety and Environmental Protection for Modified Motor Vehicles" with "Quality and Technical Safety and Environmental Protection Certificate for Modified Motor Vehicles" in Circular No. 22/2009/TT-BGTVT.

4. Amend Appendix 2 of Circular No. 22/2009/TT-BGTVT. "Model Certificate of Technical Safety and Environmental Protection for Road Motor Vehicles".

Article 5. Effectiveness and Responsibility for Implementation

1. This Circular takes effect 45 days from the date of signature.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Motor Vehicle Registration Agency, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.