Circular No. 41/2011/TT-BGTVT amends Circular No. 23/2009/TT-BGTVT on technical quality and environmental protection inspection for specialized motorcycles.

CIRCULAR

Amending and supplementing some articles of Circular No. 23/2009/TT-BGTVT dated October 15, 2009

of the Minister of Transport on technical quality and environmental protection inspection for specialized motor vehicles

Pursuant to the Law on Product Quality and Commodities dated July 21, 2007;

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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;

The Minister of Transport hereby promulgates as follows:

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;

Article 1. Amending and supplementing some articles of Circular No. 23/2009/TT-BGTVT

"Article 4. Inspection files

1. Amend Article 4 as follows:

1. The inspection file for imported specialized motor vehicles shall be established in one set including the following documents:

a) Application for inspection of technical quality and environmental protection of imported specialized motor vehicles according to the model prescribed in Appendix 2 of this Circular, clearly indicating the frame number, engine number, and year of manufacture of each specialized motor vehicle;

b) Photocopy of the Import Declaration Form with confirmation from the importer organization or individual;

c) Photocopy of the Sales Invoice or equivalent document with confirmation from the importer organization or individual;

d) Technical specification document of each type of imported specialized motor vehicle (original or certified copy with confirmation from the importer organization or individual) or Registration Form of Technical Specifications of Imported Specialized Motor Vehicles according to the model prescribed in Appendix 11 of this Circular;

đ) Original certificate of quality issued by the manufacturer for unused imported specialized motor vehicles (if available)."

"Article 4a. Procedure and method of implementation

1. Organizations and individuals shall complete one set of files as prescribed and submit directly to the Vietnam Vehicle Inspection Agency.

2. Supplementing Clause 4a following Article 4 as follows:

2. The Vietnam Vehicle Inspection Agency shall receive and inspect the files

- If the files are incomplete, they shall guide organizations and individuals to supplement and complete them;

- If the files are complete as prescribed, they shall confirm on the Application for Inspection of Technical Quality and Environmental Protection of Imported Specialized Motor Vehicles within one working day and agree on the time and place for actual inspection.

3. The Vietnam Vehicle Inspection Agency shall conduct actual inspections at the agreed location with the importer organizations or individuals.

4. Within five working days from the end of the actual inspection and receipt of all required files, the Vietnam Vehicle Inspection Agency shall process the inspection results and issue a Notification of Exemption from Inspection or Certificate of Technical Quality and Environmental Protection of Imported Specialized Motor Vehicles or Notification of Non-Conformity according to Clause 1, 2, and 3 of Article 6 of this Circular."

"Article 7. Design Review Files

The design review files shall be established in one set comprising:

3. Amending Article 7 as follows:

1. Request for design review of specialized motor vehicles according to the model at Appendix 12 of this Circular.

2. Design files (three sets):

a) For manufactured and assembled specialized motor vehicles, it includes:

- Technical drawings: overall drawing of the specialized motor vehicle; drawings and technical specifications of components produced domestically; technical documentation of imported components.

- Description and calculation: description of basic technical characteristics of the specialized motor vehicle; design calculations of the specialized motor vehicle.

b) For modified specialized motor vehicles, it includes:

- Overall drawings of the specialized motor vehicle before and after modification;

- Drawings and technical documentation of components used for modification;

- Description and calculation related to the modification content."

4. Supplement Clause 4 after Clause 3 of Article 8 as follows:

"4. Procedure and method of implementation:

a) The design entity shall complete the design review files as prescribed and submit them directly or through postal service to the Vietnam Vehicle Inspection Agency.

b) The Vietnam Vehicle Inspection Agency shall receive and check the completeness of the design review files; if they are incomplete, it shall guide the design entity to complete them; if the files are complete, it shall issue a notice of the result delivery time.

c) The Vietnam Vehicle Inspection Agency shall conduct the design review: if the design review files do not meet requirements, it shall notify the design entity in writing to make supplements or corrections; if the design review files meet requirements, it shall issue a Certificate of Design Review according to Clause 1 of Article 11 of this Circular.

d) The design entity shall collect the results directly at the Vietnam Vehicle Inspection Agency's office."

5. Amending Clause 1 of Article 9 as follows:

"1. Inspection files

a) Components of the application forms:

- Request for inspection of specialized motor vehicles according to the model at Appendix 12 of this Circular;

- Design files of manufactured and assembled specialized motor vehicles that have been reviewed by the Vietnam Vehicle Inspection Agency;

- Inspection and acceptance files of manufactured and assembled specialized motor vehicles from the production entity.

b) Quantity of files: one set."

6. Supplement Clause 4 after Clause 3 of Article 9 as follows:

"4. Procedure, time, and method of implementation:
a) Organizations and individuals shall complete the files as prescribed and submit them directly or through postal service to the Vietnam Vehicle Inspection Agency.
b) The Vietnam Vehicle Inspection Agency shall receive and check the completeness of the files: if they are incomplete, it shall guide organizations and individuals to complete them; if the files are complete, it shall issue a notice of the inspection time and place.
c) The Vietnam Vehicle Inspection Agency shall conduct actual inspections of manufactured and assembled specialized motor vehicles: if they do not meet requirements, it shall notify and guide organizations and individuals to rectify; if they meet requirements, it shall issue a Certificate of Technical Quality and Environmental Protection of Manufactured and Assembled Specialized Motor Vehicles according to Clause 2 of Article 11 of this Circular.
d) The Certificate of Technical Quality and Environmental Protection of Manufactured and Assembled Specialized Motor Vehicles shall be issued to organizations and individuals within five working days from the end of the successful inspection.

đ) Organizations and individuals shall collect the results directly at the Vietnam Vehicle Inspection Agency's office."

7. Amend Clause 1, Article 10 as follows:

"1. Inspection files

a) Components of the application forms:

- Request for inspection of specialized motor vehicles according to the model at Appendix 12 of this Circular;

- Design documents of modified specialized motor vehicles that have been reviewed by the Vietnam Vehicle Inspection Agency;

- Records for inspection and acceptance of specialized motorcycles modification of production and modification facilities.

b) Quantity of files: one set."

8. Add Clause 4 following Clause 3 of Article 10 as follows:

"4. Procedure, time, and method of implementation:

a) Organizations and individuals shall complete the files as prescribed and submit them directly or through postal service to the Vietnam Vehicle Inspection Agency.

b) The Vietnam Vehicle Inspection Agency receives and checks the components of the records: if they are not complete according to regulations, it guides organizations and individuals to complete them; if the records are complete according to regulations, it writes a notice regarding the time and place for inspecting modified specialized motorcycles.

c) The Vietnam Vehicle Inspection Agency conducts on-site inspection of modified specialized motorcycles: if they do not meet requirements, it informs and guides organizations and individuals to rectify; if they meet requirements, it issues a Certificate of Technical Safety Quality and Environmental Protection for modified specialized motorcycles in accordance with Clause 2 of Article 11 of this Circular.

d) The Certificate of Technical Safety Quality and Environmental Protection for modified specialized motorcycles shall be issued to organizations and individuals within five working days from the date of completion of satisfactory inspection.

đ) Organizations and individuals shall collect the results directly at the Vietnam Vehicle Inspection Agency's office."

9. Amend Article 12 as follows:

"Article 12. Inspection Records

1. Initial inspection records include:

a) A request for issuance of the Technical Safety Quality and Environmental Protection Inspection Book (hereinafter referred to as the Inspection Book) made by the owner of the specialized motorcycle in accordance with Appendix 13 of this Circular.

b) One of the following documents:

- Original Exemption from Inspection Notice;

- Original Certificate of Imported Vehicle;

- Photocopy of the Certificate of Manufactured, Assembled, or Modified Vehicle;

- Photocopy of technical documentation introducing the overall drawing and basic technical features of the specialized motorcycle or registration form of technical parameters of the specialized motorcycle established by organizations or individuals (for specialized motorcycles that have not been issued an Exemption from Inspection Notice or Certificate of Imported Vehicle or Certificate of Manufactured, Assembled, or Modified Vehicle).

2. Periodic inspection records include:

a) An inspection request for specialized motorcycles meeting the requirements of external inspections at locations other than those of the inspection unit, in accordance with the model specified in Appendix 14 of this Circular;

b) The Inspection Book (to be presented);

c) Registration Certificate of specialized motorcycles issued by competent authorities (to be presented)."

10. Add Article 12a following Article 12 as follows:

"Article 12a. Procedures and Methods of Implementation

1. Organizations and individuals complete one set of inspection records as prescribed and submit directly to the inspection unit.

2. The inspection unit receives and checks the records: If the records are incomplete according to regulations, it guides organizations and individuals to supplement and complete them; if the records are complete according to regulations, it writes a notice for on-site inspection.

3. The inspection unit conducts on-site inspection at the location requested by the record submitter: If the requirements are not met, it responds to organizations and individuals; if the requirements are met, it issues a Certificate of Technical Safety Quality and Environmental Protection Inspection in accordance with regulations.

4. Method of implementation: Submit records and receive results directly at the inspection unit."

11. Amend and supplement Appendices as follows:

a) Amend Appendix 2. Sample Application for Registration of Technical Safety Quality and Environmental Protection Inspection of Imported Specialized Motorcycles.

b) Supplement Appendices 11, 12, 13, and 14:

- Appendix 11. Sample Registration Form of Technical Parameters of Imported Specialized Motorcycles;

- Appendix 12. Sample Request for Design Review/Technical Inspection of Specialized Motorcycles;

- Appendix 13. Sample Request for Issuance of Technical Safety Quality and Environmental Protection Inspection Book for Specialized Motorcycles;

Article 2. Effectiveness and responsibility for implementation

- Appendix 14. Sample Request for Technical Safety Quality and Environmental Protection Inspection of Specialized Motorcycles.

1. This Circular takes effect 45 days from the date of signature. Repeal Circular No. 19/2010/TT-BGTVT dated July 30, 2010, of the Minister of Transport on amending and supplementing certain articles of Circular No. 23/2009/TT-BGTVT dated October 15, 2009, of the Minister of Transport.