Decision No. 4105/2001/QĐ-BGTVT Issuing "Regulations on Technical Safety Inspection and Environmental Protection for Road Motor Vehicles"

 

Pursuant to …;

Issuing "Regulations on Safety Technical Inspection and Environmental Protection for Motor Vehicles"

THE MINISTER OF TRANSPORTATION

WHEREAS, the Road Traffic Law dated June 29, 2001;

Based on the Government Decree No. 22/CP dated March 22, 1994 regarding the tasks, authorities, responsibilities for state management and organizational structure of the Ministry of Transport;

Considering the proposals of the Heads of the Department of Legal Affairs of the Ministry of Transport, the Vietnam Vehicle Inspection Agency, and the Vietnam Road Administration Bureau,

Pursuant to …;

Article 1. Now hereby issuing with this Decision "Regulations on Periodic Safety Technical Inspection and Environmental Protection for Motor Vehicles."

Article 2. This Decision shall take effect from January 1, 2002, and replace Circular 135/PC-KHKT dated June 27, 1995, Decision 330/1998/QĐ-GTVT dated October 8, 1998, and Decision 1885QĐ/KHKT-PCVT dated July 28, 1997 issued by the Minister of Transport.

Article 3. The Heads (Madams): Director of the Ministry's Office, Head of the Department of Legal Affairs and Transport, Director of the Vietnam Vehicle Inspection Agency, Director of the Vietnam Road Administration Bureau, Directors of Provincial Departments of Transport and Urban-Rural Transport, Heads of units concerned are responsible for implementing this Decision./.

 

REGULATIONS

ON REGULATIONS FOR PERIODIC SAFETY TECHNICAL INSPECTION AND ENVIRONMENTAL PROTECTION FOR MOTOR VEHICLES

(Issued together with Decision No. 4105/2001/QĐ-BGTVT dated December 4, 2001 of the Minister of Transport)

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1.1. Periodic safety technical inspection and environmental protection for motor vehicles (hereinafter referred to as inspection) is the process of conducting inspections and evaluations of the safety technical condition and environmental protection status of vehicles according to current standards and regulations to certify that motor vehicles (hereinafter referred to as motor vehicles) meet the conditions to participate in road traffic.

1.2. In these Regulations, the terms are understood as follows:

1.2.1 Inspection cycle is the period between two inspections, measured in months. The inspection cycle for motor vehicles is stipulated in the "Technical Safety Standards and Environmental Protection for Motor Vehicles on Roads" issued by the Minister of Transport.

1.2.2 Inspection dossier includes the Certificate of Inspection, Inspection Label, Inspection Report, and Record Book of Safety Technical Inspection and Environmental Protection for Motor Vehicles.

1.2.2.1 The Certificate of Safety Technical Inspection and Environmental Protection for Motor Vehicles (hereinafter referred to as the Certificate) is a certificate confirming that the motor vehicle has been inspected and meets current standards and regulations, thus being eligible to participate in domestic road traffic and road traffic in countries consistent with international treaties to which the Socialist Republic of Vietnam is a party; in cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions regarding safety technical inspection and environmental protection for motor vehicles compared to these Regulations, the provisions of such international treaties shall apply.

The validity of the certificate corresponds to the inspection cycle and has a unified format.

1.2.2.2 The Safety Technical Inspection and Environmental Protection Label for Motor Vehicles (hereinafter referred to as the Inspection Label) is a sticker affixed to the windshield to help traffic patrol and control agencies and traffic inspectors recognize that the motor vehicle has been inspected and is permitted to participate in road traffic until the date printed on the Inspection Label. The Inspection Label comes in two types: the Inspection Label for motor vehicles engaged in commercial transport (blue background) and the Inspection Label for motor vehicles not engaged in commercial transport (yellow background).

1.2.2.3 The Inspection Report is a record of the inspection of motor vehicles during the inspection process. The results of the inspection and evaluation recorded in the Inspection Report serve as the basis for the Inspection Station to issue the Certificate and Inspection Label. The Inspection Report is uniformly managed in the Inspection Stations and follows a unified format.

1.2.2.4 The Record Book of Safety Technical Inspection and Environmental Protection for Motor Vehicles (hereinafter referred to as the Inspection Record Book) is the technical and administrative history of the motor vehicle for management purposes, including its usage and inspection process. The contents of the Inspection Record Book are stored at the Inspection Station managing the vehicle and are bound into volumes following a unified format.

1.3. Scope and Applicability

1.3.1 These Regulations apply to all types of motor vehicles of state agencies, organizations, and individuals within and outside the country participating in road traffic on the territory of the Socialist Republic of Vietnam, including:

- All types of automobiles, including specialized automobiles.

- Trailers and semi-trailers.

- Tractors.

- Lam-type vehicles and similar types.

- Various types of motorized tricycles.

1.3.2 These Regulations do not apply to military and police motor vehicles used for national defense and security purposes.

II. REGULATIONS ON SAFETY TECHNICAL INSPECTION AND ENVIRONMENTAL PROTECTION

2.1 Responsibilities for State Management of Inspection Work and Implementing Agencies

2.1.1 The Vietnam Vehicle Inspection Agency is responsible before the Ministry of Transport for performing state management functions related to the inspection of motor vehicles, with the Vietnam Vehicle Inspection Management Center serving as the assisting agency for inspection work.

2.1.2 Contents of state management of inspection work for motor vehicles include:

2.1.2.1 Developing a plan for the network of Inspection Stations suitable for the growth rate of motor vehicles and the development of the road traffic network.

2.1.2.2 Directly organizing and managing, in collaboration with Provincial Departments of Transport (Urban-Rural Transport), the professional activities of Inspection Stations under Provincial Departments of Transport (Urban-Rural Transport) and Inspection Stations under the Vietnam Vehicle Inspection Agency.

2.1.2.3 Conducting reviews of the operational conditions of Inspection Stations according to standards issued by the Ministry of Transport to grant Safety Technical Inspection Certificates to qualified Inspection Stations.

2.1.2.4 Carry out regular and periodic inspections and supervision of inspection activities, organize the calibration of inspection equipment to ensure the accuracy of the equipment and measurement results.

2.1.2.5 Organize the application of advanced scientific and technological progress in inspection work, implement training on specialized technical skills for inspectors and technical staff.

2.1.2.6 Uniformly issue templates for certificates, manage printing, issuance of inspection files, forms, reporting systems, and storage regulations. Implement the issuance, replacement, and recall of inspection files.

2.1.2.7 Uniformly manage internal network connections within Inspection Stations, connections between Inspection Stations, and with specialized management agencies.

2.1.2.8 Uniformly stipulate types, maintenance, and regular technical service procedures to ensure the quality of operation of inspection equipment installed at Inspection Stations.

2.1.2.9 Conduct quality and technical safety checks on modified motor vehicles according to the regulations of the Minister of Transport.

2.1.2.10 Participate in appraisals of incidents and traffic accidents involving the quality and technical safety of motor vehicles.

2.2 The entity conducting inspections

2.2.1 Motor Vehicle Inspection Stations (hereinafter referred to as Inspection Stations) are entities responsible for regularly inspecting the quality, technical safety, and environmental protection of motor vehicles, and are granted by authorized agencies of the Ministry of Transport a "License for Technical Safety Inspection of Motor Vehicles."

2.2.2 The system of motor vehicle inspection networks includes Inspection Stations under Provincial Departments of Transport, Public Works, and Inspection Stations under the Vietnam Registration Agency.

2.2.3 Inspection Stations are entitled to charge inspection fees, certificate issuance fees, and administrative fees, and to settle costs for equipment calibration and purchase of inspection seals according to financial regulations and state provisions.

2.3 Regulations on Inspections

2.3.1 Motor vehicles undergoing inspection must present the following documents:

- Certificate of registration issued by the competent authority.

- Certificate of compulsory civil liability insurance for the owner of the motor vehicle still in effect.

- Inspection certificate book and valid inspection certificate and seal.

- Other relevant documents as required by the inspection (Temporary Suspension Certificate, Business Registration Certificate for Transportation, Import Quality Certificate, Production and Assembly Quality Certificate, Modified Vehicle Quality Certificate...).

2.3.2 Inspection Stations have the right to refuse inspection upon written request from law enforcement agencies or legitimate written requests from the owners of motor vehicles.

2.3.3 The inspection process must be based on current standards and regulations, and follow a unified inspection procedure.

2.3.4 Inspection officers must possess professional qualifications and moral integrity as prescribed and must be trained and issued an Inspector card before conducting inspections.

The head of the inspection entity and the person directly performing the inspection must bear responsibility for confirming the inspection results.

2.4 Regulations on Bringing Vehicles to Inspection Stations

2.4.1 After obtaining a registration certificate from the competent authority, the owner (or driver) of a motor vehicle must bring it to the Inspection Station located in the area where the vehicle is registered to complete the management procedures for issuing the inspection certificate book and conducting the inspection.

2.4.2 For subsequent inspection cycles, the owner (or driver) may bring the vehicle to any Inspection Station to conduct technical safety and environmental protection inspections before the expiration date indicated on the inspection certificate and seal.

2.4.3 If the expiration date on the inspection certificate and seal has passed without the vehicle being re-inspected, the owner (or driver) will be subject to penalties as prescribed by law. In cases where the vehicle must be temporarily suspended, the owner (or driver) must submit a written explanation to the managing Inspection Station (the station that issued the Inspection Certificate Book) to obtain a Temporary Suspension Certificate.

2.5 The Vietnam Registration Agency is responsible for guiding specific cases allowing Inspection Stations to conduct semi-mechanical inspections at remote islands, deep inland areas, mountainous regions, where motor vehicles operated by organizations and individuals cannot be brought to Inspection Stations due to lack of conditions.

III. REGULATIONS ON ISSUING NEW, REPLACING, AND REVOKING INSPECTION CERTIFICATES, SEALS, AND INSPECTION BOOKS

3.1 Issuing new, replacing inspection certificates, seals, and inspection books.

3.1.1 After a motor vehicle is inspected at an Inspection Station and meets current standards and regulations, the Inspection Station will issue an Inspection Certificate and Seal for the vehicle to participate in road traffic.

The Inspection Certificate is affixed in the Inspection Certificate Book and stapled to the Inspection Certificate Book.

3.1.2 The Inspection Seal must be affixed inside the front windshield on the right-hand side of the driver. In cases where there is no front windshield, the Inspection Seal is affixed on the rear of the vehicle, aligned with the registration plate.

3.1.3 An Inspection Certificate Book is issued for each motor vehicle during its first inspection, the contents of which must correspond to the management records stored at the managing Inspection Station.

3.1.4 In case of loss of the Inspection Certificate, Seal, or Inspection Certificate Book, the owner (or driver) must bring the vehicle and the documents specified in Section 2.3.1 to the managing Inspection Station to apply for replacement.

3.2 Replacing Inspection Certificates, Seals, and Inspection Books

In cases where the inspection file is damaged, worn out, or requires replacement due to windshield replacement or when the Inspection Certificate Book is full, the owner (or driver) must bring the vehicle to the managing Inspection Station to apply for replacement of the file.

3.3 Revocation of the certificate, inspection seals, and inspection certification books.

3.3.1 In cases where there is a violation of the Road Traffic Law to the extent that the competent authority decides to confiscate the inspection files, the owner of the motor vehicle (or driver) must promptly report to the Inspection Station managing that vehicle. The owner of the motor vehicle (or driver) who takes advantage of the provisions in Section 3.1.4 to request reissuance of the inspection files will be dealt with according to the law.

3.3.2 If the Inspection Station has issued the inspection files and discovers that the owner of the motor vehicle (or driver) has violated the declaration procedures or engaged in fraudulent behavior during the inspection, the Inspection Station is permitted to revoke the issued inspection files. Within seven days from the date of notification, the owner of the motor vehicle (or driver) must return the inspection files to the Inspection Station that issued them and must complete the necessary procedures to undergo re-inspection.

3.3.3 Motor vehicles whose inspection files have been revoked are not eligible to participate in road traffic.

IV. RESPONSIBILITIES OF THE OWNER OF MOTOR VEHICLES (OR DRIVER)

In addition to implementing the contents stipulated in this Regulation, the owner of the motor vehicle (or driver) shall also be responsible for complying with the following regulations:

4.1 Adhering strictly to the technical safety inspection and environmental protection regime as prescribed by the Ministry of Transport.

4.2 Accurately declaring all necessary information related to the inspection content, administrative management, and technical management of motor vehicles, including providing relevant files and documents to the Inspection Stations managing and issuing the inspection certification book for the vehicle.

4.3 Strictly adhering to the periodic maintenance and regular repair regime to maintain the technical condition of motor vehicles in compliance with the prescribed standards between two inspections when participating in road traffic.

4.4 Not arbitrarily altering the structure, assemblies, or systems of the vehicle without conforming to the original design by the manufacturer or approved design modifications by the competent authority.

4.5 Strictly prohibiting any actions to temporarily meet the technical standards of the vehicle during inspection by altering assemblies, parts, or accessories of the motor vehicle, and prohibiting the removal, affixing, erasing, or modifying the printed content on the inspection files.

4.6 The owner of the motor vehicle (or driver) is responsible for checking the technical safety features of the motor vehicle before departure; if any signs indicating a lack of safety are discovered, the owner (or driver) must repair and rectify the vehicle to ensure its technical safety before allowing it to operate on the road.

4.7 The owner of the motor vehicle (or driver) is responsible for carrying the Certificate and Inspection Certification Book when participating in traffic and presenting them upon request by authorized enforcement officers.

V. OTHER PROVISIONS

5.1 Certificates and inspection seals issued by Inspection Stations for motor vehicles prior to January 1, 2002 remain valid until their expiration date indicated on the Certificate and Inspection Seal.

The Vietnam Vehicle Inspection Agency is responsible for specifying the templates for seals, inspection seals, and providing detailed guidance on the management, issuance, and use of inspection files to be uniformly applied at Inspection Stations; periodically compiling and reporting to the Ministry of Transport, National Committee for Traffic Safety, and other relevant state management agencies about the inspection work in January and July each year.

5.2 The Vietnam Vehicle Inspection Agency is responsible for coordinating with Provincial Departments of Transport and Provincial Departments of Transport Infrastructure to implement this Regulation and guide Inspection Stations in its implementation.