Circular No. 43/2023/TT-BGTVT amends and supplements some Articles of Circular No. 85/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport on the renovation of motor vehicles, Circular No. 42/2018/TT-BGTVT dated July 30, 2018, and Circular No. 16/2022/TT-BGTVT dated August 30, 2022 of the Minister of Transport amending and supplementing some Articles of the aforementioned Circulars in the field of vehicle inspection.

CIRCULAR

Amending and supplementing some articles of Circular No. 85/2014/TT-BGTVT dated December 31, 2014, issued by the Minister of Transport, stipulating on the modification of motor vehicles, Circular No. 42/2018/TT-BGTVT dated July 30, 2018 and Circular No. 16/2022/TT-BGTVT dated August 30, 2022, issued by the Minister of Transport, amending and supplementing certain Articles of the above-mentioned Circulars in the field of vehicle inspection

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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;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Science, Technology, and Environment Department and the Director of the Vietnam Registration Agency;

The Minister of Transport issues this Circular to amend and supplement certain provisions of Circular No. 85/2014/TT-BGTVT dated December 31, 2014, issued by the Minister of Transport, stipulating on the modification of motor vehicles, Circular No. 42/2018/TT-BGTVT dated July 30, 2018, and Circular No. 16/2022/TT-BGTVT dated August 30, 2022, issued by the Minister of Transport, amending and supplementing certain provisions of the above-mentioned Circulars in the field of vehicle inspection.

Article 1. Amending and supplementing certain provisions of Circular No. 85/2014/TT-BGTVT dated December 31, 2014, issued by the Minister of Transport, stipulating on the modification of motor vehicles hereinafter referred to as abbreviated as Circular No. 85/2014/TT-BGTVT Circular number 85/2014/TT-BGTVT)Circular No. 42/2018/TT-BGTVT dated July 30, 2018 (hereinafter referred to as Circular No. 42/2018/TT-BGTVT) and Circular No. 16/2022/TT-BGTVT dated August 30, 2022, issued by the Minister of Transport, amending and supplementing certain provisions of the above-mentioned Circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT)

1. Amending and supplementing Article 3 of Circular No. 85/2014/TT-BGTVT as follows:

“Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Motor vehicles are defined and classified in Vietnamese Standards TCVN 6211 and TCVN 7271 (excluding motorcycles and motorbikes).

2. The main components of motor vehicles include: engine; frame; driver's cabin, body or cargo box; specialized equipment installed on the vehicle.

3. The systems of motor vehicles include: power transmission system; drive system; suspension system; braking system; steering system; fuel system; electrical system; lighting and signaling system.

4. Motor vehicles before modification are motor vehicles that have been certified for technical safety and environmental protection quality by authorized agencies during production, assembly, importation; certified for technical safety and environmental protection quality of modified motor vehicles; certified for technical safety and environmental protection quality of motor vehicles.

5. Modification of motor vehicles refers to the alteration of characteristics of motor vehicles as specified in Appendix XI attached hereto, resulting in a different type from motor vehicles immediately prior to modification .

6. Design entity is an organization established in accordance with the law, providing design services for motor vehicles.

7. Modification entity is an organization established in accordance with the law, providing construction services for motor vehicle modifications.

8. Design review involves examining, comparing, and evaluating the contents of the modification design dossier against the requirements for technical safety and environmental protection of modified motor vehicles as stipulated in this Circular.

9. Acceptance of modified motor vehicles involves inspecting modified motor vehicles constructed according to the reviewed design dossier, meeting the requirements set forth in Appendix VI attached hereto.

10. Acceptance authority is a vehicle inspection unit holding a Certificate of Eligibility for Vehicle Inspection Services, conducting acceptance inspections of modified motor vehicles in compliance with the requirements of this Circular.".

2. Amending and supplementing the cited Article 4; Clause 3, Clause 5, Clause 8, Clause 12, Clause 16, Clause 19, Clause 20, Clause 21 of Article 4 of Circular No. 85/2014/TT-BGTVT as follows:

a) Amending and supplementing the cited Article 4 as follows:

"The modifications of motor vehicles must comply with the requirements for technical safety and environmental protection as stipulated in relevant National Technical Regulations and regulations on technical safety and environmental protection inspection of motor vehicles. The modification of motor vehicles must adhere to the following provisions:"

b) Amend and supplement Clause 3 of Article 4 as follows:

"3. No modification of the cargo box of new imported or domestically produced and assembled trucks within six months from the date of issuance of the first Certificate of Inspection and Inspection Label to the date of submission of the design dossier (except for modifications to training and driving test vehicles or adding a cover to open-top trucks)."

c) Amending and supplementing Clause 5 of Article 4 as follows:

"5. No modification of the braking system, suspension system, and steering system of motor vehicles, except for the following cases:

1. Modification to install or remove auxiliary brake pedals on training and driving test vehicles;

b) Modification to provide energy supply and control for the braking system of trailers and semi-trailers;

c) Modification for vehicles with left-hand drive;

d) Modification of control mechanisms and seats suitable for the movement capabilities of disabled drivers;

đ) Modification upon request of the vehicle manufacturer (with a confirmation letter from the manufacturer or its legally authorized representative specifying the modification details along with guidance materials and a list of replacement parts) in the following cases:

For the braking system: changing some parts or assemblies of the braking system to eliminate potential safety risks or improve braking efficiency;

For the steering system: changing some parts or assemblies of the steering system to eliminate potential safety risks or improve convenience and safety;

For the suspension system: changing some parts or assemblies of the suspension system by installing equivalent load-bearing parts (not aimed at increasing the carrying capacity) to eliminate potential safety risks."

d) Amending and supplementing Clause 8 of Article 4 as follows:

"8. No installation of two-tier beds on passenger-carrying vehicles, except for buses that originally had two-tier beds."

đ) Amending and supplementing Clause 12 of Article 4 as follows:

"12. Shall not alter the distance between the axles of motor vehicles, except in the following cases: converting to specialized vehicles, tractor units; shortening the wheelbase when converting back to a motor vehicle before the first conversion, and converting to reduce the overall length and cargo box dimensions of dump trucks, tank trucks, and cargo trucks in accordance with Circular No. 42/2014/TT-BGTVT dated September 15, 2014, issued by the Minister of Transport regarding the cargo boxes of dump trucks, tank trucks, and cargo trucks participating in road traffic."

e) Amend and supplement Clause 16 of Article 4 as follows:

“16. The total weight and the permissible weight distributed on each axle for motor vehicles to participate in traffic after modification must ensure that it does not exceed the total weight and the weight distributed on each axle according to the design by the manufacturer and the regulations on axle load limits and gross vehicle weight limits.”

g) Amend and supplement Clause 19 of Article 4 as follows:

“19. Shall not reuse the engine of a motor vehicle that has been in use for more than 15 years from the year of manufacture to replace or modify. The power of the replacement engine, as published by the manufacturer, shall be within the range of 90% to 120% compared to the maximum power of the replaced engine.”

h) Amend and supplement Clause 20 of Article 4 as follows:

“20. Crane booms, cargo tanks carrying dangerous goods, compressed gas tanks, liquefied gas tanks installed on modified motor vehicles must be inspected and certified for performance, quality, and technical safety by organizations certified to have the conditions to operate technical safety inspections in the field of transportation in accordance with Decree No. 44/2016/NĐ-CP dated May 15, 2016, issued by the Government detailing some provisions of the Law on Occupational Safety and Health regarding technical safety inspection activities, occupational safety training, and labor environment monitoring.”

i) Amend and supplement Clause 21 of Article 4 as follows:

“21. Motor vehicles may only replace or modify one of the two main assemblies, either the engine or the chassis, throughout their usage period.”

3. Supplement Article 4a to Circular No. 85/2014/TT-BGTVT as follows:

"Article 4a. Cases where motor vehicles undergo changes but are not considered modifications"

1. Cases where motor vehicles undergo changes but are not considered modifications include:

a) Changing passenger compartment doors (excluding changes in door position and size);

b) Changing some cargo box structures such as sealing or changing the structure of cargo box doors; replacing flat steel sheets with corrugated ones or vice versa; adding steel sheeting to the roof frame of a canopy truck without increasing the cargo box height (Hc) as specified in Appendix I attached to Circular No. 42/2014/TT-BGTVT; installing or removing dust covers for cargo box of dump trucks;

c) Installing, replacing, or removing cargo box cover, luggage cover of pickup trucks without changing the cargo box volume and external dimensions of the vehicle;

d) Adding fog lights;

đ) Replacing the front lighting cluster with a cluster that has been certified or declared compliant with National Technical Regulation on Optical Characteristics of Front Lighting of Road Motor Vehicles, QCVN 35:2017/BGTVT without requiring structural modifications to the vehicle to ensure installation;

e) Replacing the light bulbs in the front lighting cluster with other types of bulbs with equivalent power consumption without requiring intervention or modification of the cluster structure;

g) Changing optional parts of the bodyshell provided by the manufacturer without altering the external dimensions of the vehicle, except as provided for in Article 6 of this Circular. Installation shall be carried out in accordance with the manufacturer's recommendations or those of its authorized representative;

h) Changing the styling of some parts of the bodyshell such as radiator grilles, spoilers;

i) Installing wind deflectors on the roof of truck cabs, steps, exhaust pipe decorations, safety belt warning light straps without altering the external dimensions of the vehicle.

2. Changes made to motor vehicles as stipulated in Clause 1 of this Article that do not change the type of vehicle as defined in Appendix XI attached to this Circular and meet the requirements for technical safety and environmental protection according to relevant National Technical Regulations shall be subject to technical safety and environmental protection inspection of road motor vehicles to obtain a Certificate of Inspection and Inspection Label."

4. Amend and supplement Clause 3, Clause 5 of Article 6; supplement Clause 8, Clause 9, Clause 10, Clause 11, Clause 12 of Article 6 of Circular No. 85/2014/TT-BGTVT as follows:

a) Amend and supplement Clause 3 of Article 6 as follows:

          “3. Installing, replacing, or removing cargo box cover, luggage cover of pickup trucks that change the cargo box volume but do not change the external dimensions of the vehicle.”

b) Amend and supplement Clause 5 of Article 6 as follows:

“5. Removing the fuel supply system using liquefied petroleum gas (LPG) or compressed natural gas (CNG) for the engine of motor vehicles that have been modified to install additional fuel supply systems (LPG, CNG) and revert to using the original fuel supply system before the modification.”

c) Supplement Clause 8 of Article 6 as follows:

“8. Installing, replacing, or removing roof racks of passenger cars in accordance with the manufacturer’s guidance without changing the overall width of the vehicle.”

d) Supplement Clause 9 of Article 6 as follows:

“9. Installing, replacing, or removing wind deflectors on the roof of truck cabs.”

đ) Supplement Clause 10 of Article 6 as follows:

“10. Installing, replacing, or removing pumps, oil tanks, and hydraulic pipeline systems of tractor units to drive the lifting and lowering system of dump semi-trailers.”

e) Supplement Clause 11 of Article 6 as follows:

“11. Changing the layout of passenger seats or cargo doors or materials lining the cargo box.”

g) Supplement Clause 12 of Article 6 as follows:

"12. Heavy trucks equipped with or replaced by cargo lifting devices that have already obtained safety certification from the competent authority, or removed such equipment."

5. Amend and supplement Clause 5 and Clause 6 of Article 7 of Circular No. 85/2014/TT-BGTVT (as amended and supplemented by Clause 2 of Article 2 of Circular No. 42/2018/TT-BGTVT and Clause 4 of Article 7 of Circular No. 16/2022/TT-BGTVT) as follows:

1. Amend and supplement Clause 5 of Article 7 as follows:

"5. Procedures and formalities for design review

a) The design entity submits one set of application documents for design review to the design review authority;

b) The design review authority receives and checks the completeness of the documents: if the documents are incomplete according to regulations, it guides organizations or individuals to supplement and complete them on the same working day (for direct submission and through the online public service system) or notifies and guides completion within two working days (for submission through the postal system); if the documents are complete, the design review authority issues a Receipt for Submission of Documents (original for direct submission and postal system, or electronic version for the online public service system) in accordance with the model prescribed in Appendix XVI issued together with this Circular;

c) The design review authority conducts the design review in accordance with regulations; if the design meets requirements, the design review authority issues a Design Review Certification within five working days from the date of receiving all design documents. If not issued, the design review authority informs the design entity in writing and specifies the reasons within two working days from the date of the review result;

d) In cases where the design documents are complete but require modifications or supplements, the design review authority notifies the design entity according to the model prescribed in Appendix XII issued together with this Circular to modify and supplement the design documents. The design entity is responsible for completing and resubmitting the modified design documents within thirty days from the notification date. Within five working days from the receipt of the modified documents, if the design meets requirements, the design review authority issues a Design Certification; if the design does not meet requirements, the design review authority informs the design entity that the motor vehicle design does not meet requirements according to the model prescribed in Appendix XIII issued together with this Circular. If the design entity fails to modify and supplement the design documents within thirty days from the notification date, the design review authority will issue a Notification that the motor vehicle design does not meet requirements according to the model prescribed in Appendix XIII issued together with this Circular;

e) The design review authority must record the entire process of design review in the Control Sheet in accordance with the model prescribed in Appendix XVIII issued together with this Circular;

f) The design entity may submit documents and receive results directly at the design review authority's office, through the postal system, or through the online public service system."

b) Amend and supplement Clause 6 of Article 7 as follows:

"6. Design documents that have been reviewed and found to meet requirements and have received a Design Review Certification shall be retained by the design review authority one set and provided to the design entity one set for direct submission and result delivery or through the postal system. In cases where the design entity submits designs through the online public service system, the results shall be delivered through the online public service system."

6. Amend and supplement Article 8 of Circular No. 85/2014/TT-BGTVT as follows:

“Article 8. Responsibility for reviewing the design of modified motor vehicles

1. The Vietnam Motor Vehicle Registration Agency shall conduct reviews of the design for the modification of motor vehicles in the following cases:

a) Modification of various types of vehicles into specialized vehicles, tractor units;

b) Modification of motor vehicles with reverse steering;

c) Cases specified in point đ, Clause 5, Article 4 of this Circular.

2. The Department of Transport shall conduct reviews of the design for the modification of motor vehicles, except for the cases specified in Clause 1 of this Article.

7. Amend and supplement Article 9 of Circular No. 85/2014/TT-BGTVT as follows:

“Article 9. Construction of modifications

1. The construction of modifications to motor vehicles must be completed at the workshop of the modification facility.

2. Modified motor vehicles after construction must comply with the reviewed design requirements.

3. After construction, modified motor vehicles must be inspected by the modification facility and a Certificate of Acceptance for the release of modified motor vehicles must be established according to the model prescribed in Appendix IV issued together with this Circular. The acceptance team for the release of modified motor vehicles includes the vehicle owner or their authorized representative under the law, technical staff, and leadership of the modification facility.

4. To ensure compliance with all provisions stipulated in Clause 2 of this Article for complete modifications of the driver's cabin, body, passenger compartment of passenger vehicles; installation of new cargo boxes on trucks to convert them into enclosed cargo trucks (with two sides of the cargo box fully enclosed), refrigerated trucks, and insulated trucks, the modification facility must cooperate with the vehicle owner to notify the inspection authority to inspect and accept the structural frame of the body and cargo box according to the design at the modification facility before completing the entire construction work based on the design documentation.

8. Amend and supplement Article 10 of Circular No. 85/2014/TT-BGTVT as follows:

"Article 10. Acceptance of modified motor vehicles

1. The acceptance dossier for modified motor vehicles includes:

a) Original or electronic copy (for cases implemented through the online public service system) of the Request for Acceptance of Modified Motor Vehicles according to the model prescribed in Appendix VII issued together with this Circular;

b) Copy or electronic copy of the Design Review Certificate and reviewed design dossier confirmed by the Design Facility or electronic copy for the online public service system, except for cases exempted from preparing the design dossier for modified motor vehicles as provided for in Article 6 of this Circular;

c) Original or electronic copy of photographs taken from a 45-degree angle front and rear view of the modified motor vehicle at the modification facility’s workshop; detailed photographs of the modified systems and assemblies, except for cases exempted from preparing the design dossier for modified motor vehicles as provided for in Article 6 of this Circular;

d) Original or electronic copy of the Certificate of Acceptance for the release of modified motor vehicles, except for cases exempted from preparing the design dossier for modified motor vehicles as provided for in Article 6 of this Circular;

đ) Original or electronic copy of the list of replaced assemblies and systems according to the model prescribed in Appendix VIII issued together with this Circular, except for cases exempted from preparing the design dossier for modified motor vehicles as provided for in Article 6 of this Circular;

e) Copy or electronic copy of technical specifications and performance data of the modified motor vehicle and its modified and replaced assemblies and systems, and confirmation documents of the origin of the modified assemblies and systems (confirmed by the modification facility), except for cases exempted from preparing the design dossier for modified motor vehicles as provided for in Article 6 of this Circular;

g) Copy or electronic copy of the Safety Technical Inspection Certificate for cranes, lifting equipment, tanks carrying dangerous goods, liquefied gas tanks, pressure-bearing tanks, and special equipment as prescribed (confirmed by the modification facility);

h) In cases where modified motor vehicles have the same brand, type number, and technical specifications, they can use the same design. For the acceptance dossier of motor vehicles using the same design, in addition to the components specified in Clause 1 of this Article, there must be a Written Agreement to use the common design dossier from the Design Facility according to the model prescribed in Appendix XVII issued together with this Circular.

2. Procedures and formalities for acceptance:

a) The vehicle owner or their authorized representative under the law submits one set of the Acceptance Dossier for Modified Motor Vehicles as stipulated in Clause 1 of this Article directly to the acceptance authority or through the postal service or the online public service system;

b) If the dossier is incomplete according to regulations, the acceptance authority will guide organizations and individuals to supplement and complete it immediately on the same working day (for direct submission or through the online public service system) or notify and guide completion within two working days (for submission through the postal service);

c) If the dossier is complete according to regulations, the acceptance authority issues a Receipt for Submission of Dossier (original for direct submission or postal service, or electronic copy for the online public service system) according to the model prescribed in Appendix XVI issued together with this Circular. Within three working days from the date of issuance of the Receipt for Submission of Dossier, the acceptance authority conducts the acceptance of modified motor vehicles and establishes a Certificate of Technical Safety and Environmental Protection Inspection for Modified Motor Vehicles according to the model prescribed in Appendix IX issued together with this Circular. If the acceptance results meet the requirements, the acceptance authority issues a Certificate of Technical Safety and Environmental Protection for Modified Motor Vehicles (hereinafter referred to as the Modification Certificate), a Safety Technical Inspection Certificate, and a Safety Technical Inspection Label for the modified motor vehicle; if the acceptance results do not meet the requirements, the acceptance authority issues a Notice of Non-Conformity according to the model prescribed in Appendix XV issued together with this Circular to the vehicle owner or their authorized representative under the law to take the vehicle for rectification and re-inspection according to the provisions of Clause 2 of this Article.

d) The owner of the vehicle or the person authorized under the law must pay all related fees, charges, and dues according to the provisions of the law.

đ) The acceptance authority must record on the Vehicle Acceptance Control Sheet the entire process of accepting modified motor vehicles in accordance with Clause 2 of this Article and in accordance with the model prescribed in Appendix XIX attached hereto.

3. Content of acceptance:

a) The inspection unit bases on the design file of the modified motor vehicle that has been reviewed and found satisfactory and the general acceptance procedure for modified motor vehicles prescribed in Appendix VI attached hereto to conduct the acceptance of the modified motor vehicle.

b) The acceptance of modified motor vehicles must use appropriate testing equipment and tools to inspect relevant components, systems, and assemblies related to the modification content.

c) The acceptance team for modified motor vehicles includes: the owner of the vehicle or the person authorized under the law, the acceptance inspector, and the leader of the qualified motor vehicle inspection unit who can sign the inspection certificate.

4. The acceptance of modified motor vehicles for those currently in operation and have already been issued a Certificate of Inspection and Inspection Label before February 15, 2024 shall be carried out as follows:

a) For motor vehicles currently in operation whose dimensions and images comply with the latest issued Safety Technical Inspection and Environmental Protection Certificate but differ in gross weight or cargo box size, they do not need to prepare a design file for modified motor vehicles and only need to accept the modified motor vehicle based on actual conditions but must comply with current regulations regarding cargo box size and gross weight. The permissible load for transportation is calculated and recorded corresponding to the actual change in gross weight. The acceptance application file only includes the acceptance application form for modified motor vehicles as prescribed in Appendix VII attached hereto.

b) For motor vehicles currently in operation where one of the factors such as gross weight, structure, cargo box size, or overall dimensions differs from the latest issued Safety Technical Inspection and Environmental Protection Certificate, a technical design file for modified motor vehicles must be prepared to proceed with the design review and acceptance procedures to record the changes. The acceptance application file only includes the documents prescribed in Point a and Point b of Clause 1 of this Article.”

9. Amend and supplement Article 11 of Circular No. 85/2014/TT-BGTVT (which has been amended and supplemented according to Clause 6 of Article 7 of Circular No. 16/2022/TT-BGTVT) as follows:

“Article 11. Issuance of the Modification Certificate

1. Modified motor vehicles must undergo acceptance and inspection according to Appendix VI issued by this Circular. If the results meet the requirements, a Modification Certificate consisting of two copies will be issued for the registration renewal procedures and handed over to the vehicle owner for the vehicle registration renewal procedures, while also issuing a Safety Technical Inspection and Environmental Protection Certificate for road motor vehicles according to the regulations.

2. In cases where the motor vehicle undergoes inspection at the next inspection date following the successful acceptance, if the vehicle owner has not completed the registration renewal procedures as required, the motor vehicle inspection unit will refuse the inspection.

3. In case the Modification Certificate is lost, the owner of the vehicle or the person authorized under the law must submit a written notice to the acceptance unit, report it, and obtain confirmation from the police station where the document was lost, and announce the search through mass media. After thirty days from the date the acceptance unit receives the written notice, if the lost document cannot be found, the owner of the vehicle or the person authorized under the law must declare according to the model prescribed in Appendix XIV attached hereto along with related documents and evidence of the search announcement, and the police confirmation to the acceptance unit to reprint the Modification Certificate within one working day from the date of declaration. In case the Modification Certificate is damaged or torn, the owner of the vehicle or the person authorized under the law must declare according to the model prescribed in Appendix XIV attached hereto and return the damaged or torn Modification Certificate to the acceptance unit for reprinting within one working day from the date of declaration.

4. The Modification Certificate is printed from the software management program for motor vehicle modification work.”

10. Amend and supplement Clause 1, Clause 3 of Article 12; add Clause 7, Clause 8 of Article 12 of Circular No. 85/2014/TT-BGTVT as follows:

a) Amend and supplement Clause 1 of Article 12 as follows:

“1. Organize professional support and inspection for organizations and individuals in implementing this Circular. In case of violation, handle or recommend handling according to the authority. Log warning information for organizations and individuals involved in motor vehicle modification activities violating this Circular into the software management program for motor vehicle modification work.”

b) Amend and supplement Clause 3 of Article 12 as follows:

“3. Review designs according to this Circular.”

c) Add Clause 7 of Article 12 as follows:

“7. Manage the list of organizations and individuals involved in motor vehicle modification activities nationwide.”

d) Add Clause 8 of Article 12 as follows:

“8. Provide login accounts for the software management program for motor vehicle modification work to those responsible for design reviews and acceptance of modified motor vehicles according to this Circular and publish the list of those granted access on the website of the Vietnam Motor Vehicle Inspection Bureau.”

11. Amend and supplement Clause 1 of Article 13 and add Clause 5 of Article 13 of Circular No. 85/2014/TT-BGTVT as follows:

a) Amend and supplement Clause 1 of Article 13 as follows:

"1. Review the design for the modification of motor vehicles in accordance with the provisions of this Circular. Conduct inspections and checks on organizations and individuals related to the modification of motor vehicles at local levels. Post warning information on the software program managing the work of modified motor vehicle modifications for organizations and individuals found to be in violation during the review of designs and inspections."

b) Supplement Clause 5 of Article 13 as follows:

"5. Manage information on organizations and individuals related to the activities of modifying motor vehicles within the scope of management."

12. Amend and supplement Clause 1 of Article 14; supplement Clause 7, Clause 8 of Article 14 of Circular No. 85/2014/TT-BGTVT as follows:

a) Amend and supplement Clause 1 of Article 14 as follows:

"1. Acceptance and issuance of the Certificate of Modification according to the provisions of this Circular. Post warning information on the software program managing the work of modified motor vehicles for modification facilities and design units that violate the provisions of this Circular."

b) Supplement Clause 7 of Article 14 as follows:

"7. Dispatch inspection officers to attend training sessions on inspection officer operations to carry out acceptance of modified motor vehicles."

c) Supplement Clause 8 of Article 14 as follows:

"8. When accepting modified motor vehicles using shared design documents, the inspection unit must check and compare all relevant information of the pre-modification motor vehicle with the design documents already reviewed. If discrepancies are found in the agreement allowing the shared use of design documents, the inspection unit shall issue a non-compliance notice to the owner or authorized person in accordance with the law, and post warning information on the software program managing the work of modified motor vehicles and alert the vehicle on the inspection management program."

13. Supplement Article 14a to Circular No. 85/2014/TT-BGTVT as follows:

"Article 14a. Responsibilities of the Vehicle Owner

1. Use the documents specified in Clauses 5 and 6 of Article 14b to implement construction and acceptance of modified motor vehicles in accordance with this Circular.

2. Participate with the inspection unit during the acceptance process, including preparation of the vehicle and its operator.

3. Operate the vehicle in accordance with the purpose of the motor vehicle modification."

14. Supplement Article 14b to Circular No. 85/2014/TT-BGTVT as follows:

"Article 14b. Responsibilities of the Design Facility

1. Carry out design work in compliance with the provisions of this Circular.

2. Be responsible for the accuracy, calculation methods, and results in the design documents, and sign all technical drawings in the design documents after completing the design and reviewing the design documents, and affixing stamps on the design documents.

3. Be responsible for the accuracy of the technical documents provided with the design documents for review by the design review authority; survey content about the pre-modification condition of the motor vehicle; amend and supplement the design documents according to the requirements of the design review authority.

4. Not prepare and submit more than one set of design documents for a single vehicle in a single modification.

5. Provide copies of the Design Approval Certificate and reviewed design documents or electronic versions to the vehicle owner for use in construction and acceptance of modified motor vehicles in accordance with this Circular through the online public service system.

6. Provide the vehicle owner with a document agreeing to use the copy of the design documents designed by the same design facility and approved by the design review authority, for similar motor vehicles with the same brand, model number, and technical specifications as the pre-modification vehicle, as a basis for construction and acceptance of modified motor vehicles in accordance with this Circular. The agreement is kept at the design facility and sent to the design review authority for consolidation, monitoring, and management."

15. Supplement Article 14c to Circular No. 85/2014/TT-BGTVT as follows:

"Article 14c. Responsibilities of the Modification Facility

1. Carry out motor vehicle modifications strictly according to the reviewed design, ensuring that the modified motor vehicle meets the safety and environmental protection requirements stipulated in this Circular.

2. Be responsible for the origin and quality of parts, assemblies, and materials used in the modification.

3. Be responsible for the quality control of the modified motor vehicle before it leaves the factory and prepare the Factory Acceptance Report in accordance with Clause 3 of Article 9 of this Circular.

4. Be responsible for the accuracy of the documents required under Clause 1 of Article 10 of this Circular to provide to the vehicle owner for submission to the acceptance authority.

5. Use the weight distribution measurement results from a qualified weighing unit or self-installed equipment meeting legal metrology requirements."

16. Amend and supplement Article 16 of Circular No. 85/2014/TT-BGTVT as follows:

"Article 16. Archiving Documents

Design review documents and acceptance documents for modified motor vehicles must be stored fully and in accordance with regulations.

1. Design review documents are stored at the design review authority and destroyed after 20 years, except for the Design Approval Certificate for modified motor vehicles. The archiving of design review documents includes the following components:

a) One set of design documents for modified motor vehicles for cases where the application and results are submitted directly or via postal services or printed from the online public service system, and the Design Approval Certificate for modified motor vehicles;

b) The documents specified in Points a, c, and d of Clause 4 of Article 7 for cases where the application and results are submitted directly or via postal services or printed from the online public service system."

2. The acceptance file shall be stored at the acceptance agency and destroyed after twenty years, except for the copy of the Vehicle Technical Safety and Environmental Protection Certificate. The storage of the acceptance file includes the following components:

a) A copy of Part 2 of the Vehicle Technical Safety and Environmental Protection Certificate;

b) The record of technical safety and environmental protection inspection of the modified motor vehicle;

c) Documents and files specified in Clause 1, Article 10 of this Circular for cases where the application and results are submitted directly, through postal services, or printed from the online public service system;

d) Photographs of the frame structure and other parts and components (in cases where acceptance must be conducted before the completion of the body or cargo box frame structure).

Article 2. Supplementing, replacing, and abolishing certain phrases, clauses, appendices issued together with Circular No. 85/2014/TT-BGTVT

1. Replace the phrase "Vehicle Technical Safety and Environmental Protection Quality Certificate" in Chapter III, Clause 5, Article 14 of Circular No. 85/2014/TT-BGTVT with the phrase "Vehicle Technical Safety and Environmental Protection Certificate".

2. Replace Appendices II, IV, V, VI, VII, IX, X issued together with Circular No. 85/2014/TT-BGTVT respectively with Appendices I, II, III, IV, V, VI, VII issued together with this Circular.

3. Supplement Appendices XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX to Circular No. 85/2014/TT-BGTVT respectively with Appendices VIII, IX, X, XI, XII, XIII, XIV, XV, XVI issued together with this Circular.

4. Abolish Clause 6, Clause 7, Clause 14, Clause 15, Clause 17, Clause 22, and Clause 23 of Article 4; Clause 2, Clause 6, and Clause 7 of Article 6; Clause 2 of Article 7 of Circular No. 85/2014/TT-BGTVT.

Article 3. Effectiveness and organizing implementation

1. This Circular takes effect from February 15, 2024.

2. Transitional Provisions

a) Certificates of design review and design files issued before the date this Circular takes effect will continue to be used for construction and acceptance;

b) In cases where laws, standards, and technical regulations referred to in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced laws, standards, and technical regulations.

3. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Motor Vehicle Inspection Agency, the Director of the Vietnam Road Administration, the Directors of Provincial and Municipal Transport Departments under the Central Government, the Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular./.