Circular No. 44/2023/TT-BGTVT guiding the implementation of Decree No. 139/2018/NĐ-CP dated October 8, 2018 of the Government on the business of motor vehicle inspection services and Decree No. 30/2023/NĐ-CP dated June 8, 2023 of the Government amending and supplementing certain articles of Decree No. 139/2018/NĐ-CP of the Government on the business of motor vehicle inspection services.

Article 2. Applicability

1. This Circular applies to organizations and individuals related to the management and business operations of motor vehicle inspection services.

2. This Circular does not apply to organizations and individuals who only conduct inspections of motor vehicles for defense and security purposes.

Chapter II

INSPECTION, EVALUATION, AND ISSUANCE OF CERTIFICATES OF ELIGIBILITY FOR MOTOR VEHICLE INSPECTION SERVICES

Article 3. Documents for Application for Certificate of Eligibility for Motor Vehicle Inspection Services

The documents for application for Certificate of Eligibility for Motor Vehicle Inspection Services as stipulated in Article 8 of Decree No. 139/2018/ND-CP (amended and supplemented by Clause 8 of Article 1 of Decree No. 30/2023/ND-CP) include the list of staff of the inspection unit according to the form prescribed in Appendix II and the comparison table of regulations on facilities and inspection lines according to the National Technical Regulation on inspection units for motor vehicles as prescribed in Appendix III attached hereto.

Article 4. Inspection, Evaluation, and Issuance of Certificate of Eligibility for Motor Vehicle Inspection Services

1. The contents of inspection, evaluation, and issuance of Certificate of Eligibility for Motor Vehicle Inspection Services include:

a) Inspection and evaluation of technical facilities of the inspection unit: ensuring compliance with the National Technical Regulation on inspection units for motor vehicles and recording in the minutes according to the form prescribed in Appendix IV attached hereto;

b) Inspection and evaluation of testing equipment and tools: the operational status of testing equipment and tools; the implementation of calibration and verification of testing equipment as stipulated in Articles 18 and 19 of the Law on Metrology 2011 and recording in the minutes according to the forms prescribed in Appendices Va, Vb, Vc, Vd, Vđ, Ve, Vg, and Vh attached hereto;

c) Inspection and evaluation of organizational structure and human resources: documents showing the organizational structure of the inspection unit as stipulated in Clause 1 of Article 7 of Decree No. 139/2018/ND-CP (amended and supplemented by Clause 6 of Article 1 of Decree No. 30/2023/ND-CP) including: organizational chart, decisions establishing departments issued by the leadership of the inspection unit or the establishment organization or the managing authority within their jurisdiction. Comparing information of the leadership of the unit, heads of inspection departments, inspection officers, and technical staff in the list of staff of the inspection unit at Appendix II attached hereto with the records kept at the unit. The results of inspection and evaluation are recorded in Section 1 of the inspection and evaluation minutes according to the form prescribed in Appendix VI attached hereto;

d) Inspection of the establishment and issuance of internal procedures of the inspection unit as stipulated in Clause 4 of Article 17 of this Circular. The results of inspection and evaluation are recorded in Section 2 of the inspection and evaluation minutes according to the form prescribed in Appendix VI attached hereto;

đ) Inspection and evaluation of the operation of inspection lines: using appropriate means to perform inspection and evaluation of the operation of inspection lines; the use of software serving inspection activities; data connection between management software and control software for testing equipment; operation of the monitoring system during the inspection process. The results of inspection and evaluation are recorded in Section 2 of the inspection and evaluation minutes according to the form prescribed in Appendix VI attached hereto;

e) Inspection of the establishment and maintenance of ledgers as required by technical safety and environmental protection regulations for road motor vehicles; tracking and managing seals issued by the Vietnam Motor Vehicle Inspection Agency for inspection units. The results of inspection and evaluation are recorded in Section 1 of the inspection and evaluation minutes according to the form prescribed in Appendix VIII attached hereto.

2. The results of inspection and evaluation are recorded according to the form prescribed in Appendix I attached to Decree No. 139/2018/ND-CP (amended and supplemented by Decree No. 30/2023/ND-CP) based on the consolidation of results from the inspection and evaluation minutes prepared by members of the team.

Article 5. Inspection and Evaluation of Conditions for Motor Vehicle Inspection Activities

Annually, the Department of Transport shall develop a plan to inspect and evaluate the maintenance of material facilities, organizational structure, human resources, and inspection activities of inspection units within its jurisdiction to ensure that these units comply with regulations on motor vehicle inspection services. The contents of inspection and evaluation include:

1. Inspection and evaluation of technical facilities of inspection units: ensuring compliance with national technical standards for motor vehicle inspection units, comparing and contrasting with the most recent assessment to examine changes and record in the report according to the model prescribed in Appendix IV attached hereto.

2. Inspection and evaluation of testing equipment and tools: the operational status of testing equipment and tools; the implementation of calibration and verification of testing equipment in accordance with Articles 18 and 19 of the Law on Metrology 2011 and recording in the report according to the models prescribed in Appendices Va, Vb, Vc, Vd, Vđ, Ve, Vg, and Vh attached hereto.

3. Inspection of organizational structure, human resources, and implementation of inspection procedures

a) Inspection of organizational structure and human resources: maintaining the organizational structure and human resources of inspection units in accordance with point c, Clause 1, Article 4 of this Circular; assignment of tasks and performance of inspector duties as recorded on the inspector certificate. The results of inspection and evaluation are recorded in item 1 of the inspection and evaluation report according to the model prescribed in Appendix VI attached hereto;

b) Inspection and evaluation of the implementation of inspection procedures: evaluating compliance with relevant regulations in the implementation of motor vehicle inspection procedures through file review (vehicle files, inspection files, acceptance files for modified vehicles), data (electronic data, image data), management and monitoring logs, reporting and data transmission systems. The results of inspection and evaluation are recorded in item 2 of the inspection and evaluation report according to the model prescribed in Appendix VI attached hereto.

4. Inspection and evaluation of inspection files and data: files inspected using a minimum sampling method of three months, with at least ten files inspected each month, ensuring complete files for all types of vehicles inspected by the unit; electronic data storage and image data from surveillance cameras. The results of inspection and evaluation are recorded in the report according to the model prescribed in Appendix VII attached hereto.

5. Inspection and evaluation of tracking records, reporting systems, management and use of seals, and compliance with fee collection regulations: inspection of management, opening, and recording of various ledgers; management and use of seals as prescribed in point e, Clause 1, Article 4 of this Circular; reporting and data transmission systems; compliance with public display of fee collection schedules; inspection of fee collection files using a minimum sampling method of three months, with at least ten files inspected each month, ensuring complete files for all fee levels for all types of vehicles inspected by the unit. The results of inspection and evaluation are recorded in the report according to the model prescribed in Appendix VIII attached hereto.

6. Re-inspection and re-evaluation of inspection results

a) In cases where vehicles are present at the inspection unit, randomly select among vehicles previously inspected by the unit for re-inspection and evaluation, then compare with the previous inspection results of the unit;

b) In cases where vehicles are not present at the inspection unit, if there are suspicions that vehicles at the time of inspection showed discrepancies with inspection files but were still issued Inspection Certificates and Inspection Seals, cooperate with competent authorities to locate the vehicles for re-inspection and evaluation and compare with the previous inspection results of the unit. Re-inspection and evaluation can be conducted at the location where the vehicle is parked, at another inspection unit, or by returning the vehicle to the original inspection unit for re-inspection and evaluation.

The results of re-inspection and re-evaluation at points a and b of this clause are recorded in the re-inspection and re-evaluation report according to the model prescribed in Appendix XI attached hereto.

7. Inspection of compliance with fee collection and payment regulations at inspection units. The results of inspection and evaluation are recorded in the report according to the model prescribed in Appendix VIII attached hereto.

8. The results of inspection and evaluation are recorded according to the model prescribed in Appendix I attached to Decree No. 139/2018/ND-CP (amended and supplemented by Decree No. 30/2023/ND-CP) based on the consolidation of results from inspection and evaluation reports established by members of the inspection team.

Article 6. Spot checks on vehicle inspection activities

1. The Vietnam Vehicle Inspection Agency and the Department of Transport (hereinafter referred to as the Inspection Authority) shall conduct spot checks on vehicle inspection units based on their functions and tasks in the following cases:

a) When there are reports or complaints with grounds for violations in inspection activities;

b) Upon receipt of written requests from competent authorities;

c) When irregularities are detected in inspection activities (through monitoring systems or analysis of inspection data).

2. The Inspection Authority shall decide on the contents to be checked, prepare inspection records according to prescribed models, and compile them into Appendix X issued together with this Circular. In case the vehicle inspection unit violates regulations on vehicle inspection activities, the Inspection Authority shall handle the matter or recommend the competent authority to handle it in accordance with the law.

Article 7. Storage of inspection and evaluation files

1. Inspection and evaluation files (including supplementary evaluations) for issuing certificates of eligibility for vehicle inspection activities shall be permanently stored at the vehicle inspection unit as a basis for the Inspection Authority to check and evaluate the maintenance of conditions for vehicle inspection activities.

2. Files for inspecting and evaluating the maintenance and spot-checking of conditions for vehicle inspection activities shall be stored at the vehicle inspection unit and the Inspection Authority for a period of five years.

Chapter III

TRAINING OF VEHICLE INSPECTORS AND STAFF AND EVALUATION OF VEHICLE INSPECTOR'S PROFESSIONAL SKILLS

PART 1: TRAINING OF VEHICLE INSPECTORS AND STAFF

Article 8. Requirements for participation in training of vehicle inspector and staff professional skills

1. Participants in the training of vehicle inspector professional skills (hereinafter referred to as trainees) must comply with the provisions set out in point a, Clause 1, Article 14 of Decree No. 139/2018/ND-CP (amended and supplemented by point a, Clause 13, Article 1 of Decree No. 30/2023/ND-CP) and point d, Clause 1, Article 14 of Decree No. 139/2018/ND-CP.

2. Vehicle inspectors must participate in training to update and supplement professional skills in vehicle inspection when there are changes in standards, technical regulations, and relevant legal provisions, and changes in vehicle inspection work.

3. Participants in the training of staff professional skills must comply with the provisions set out in Clause 1, Article 20 of Decree No. 139/2018/ND-CP (amended and supplemented by Clause 18, Article 1 of Decree No. 30/2023/ND-CP).

Article 9. Training of theoretical professional skills for vehicle inspectors

1. Trainees shall be trained in theoretical professional skills for vehicle inspectors, including the following contents:

a) History of the formation, construction, and development of the vehicle inspection system; professional ethics; communication skills; legal provisions on measurement; responsibilities, duties, and powers of organizations and individuals involved in inspection activities; provision of public services in the field of inspection; provisions on violations and handling of violations in the inspection field;

b) Legal regulations, standards, technical regulations, procedures, and guidance related to inspection work; regulations on vehicle modification;

c) Methods of inspecting vehicles according to regulations on safety and environmental protection technical inspections of road motor vehicles;

d) Use of software programs related to vehicle inspection activities;

đ) Structure, operating principles, and technical maintenance of inspection equipment.

2. After completing the training course, the Vietnam Vehicle Inspection Agency shall organize a theoretical examination and evaluation of the training results for vehicle inspector professional skills and announce the successful trainees on the Vietnam Vehicle Inspection Agency's website. In case of failure, the trainee shall be re-examined once within fifteen working days from the date of notification of the results.

Article 10. Practical training for vehicle inspection at inspection units

1. Within no more than 30 days from the date the Vietnam Vehicle Inspection Agency announces that the trainee has met the requirements for theoretical training on vehicle inspection, the trainee shall contact and conduct practical training for vehicle inspection at the inspection unit. The trainee is responsible for notifying the Vietnam Vehicle Inspection Agency about the start time of the practical training and the training unit (including cases where there is a change in the training unit) according to the prescribed form in Appendix Id issued together with this Circular.

2. During the practical training period, the trainee shall practice the following contents:

a) Using the system of programs and software at the inspection unit including: data search for vehicles; management software for inspections; warning software for motor vehicles; testing and evaluation program; and device control program;

b) Practicing the stages of inspecting and evaluating vehicles on the inspection line in accordance with regulations on technical safety inspection and environmental protection for road motor vehicles.

3. The leadership of the inspection unit assigns a vehicle inspector with a minimum of 36 months of experience to guide the practical training and be responsible for the content of the trainee's practical training at the inspection unit with the number of vehicles meeting the requirements as follows:

a) For a 12-month practical training period: a minimum of 400 vehicles per stage for various types of vehicles (practical training may be conducted on multiple stages for one vehicle), including a minimum of 100 trucks and 100 passenger vehicles per stage. In particular, the establishment of vehicle records must be carried out for a minimum of 400 vehicles;

b) For a 6-month practical training period: a minimum of 200 vehicles per stage for various types of vehicles (practical training may be conducted on multiple stages for one vehicle), including a minimum of 50 trucks and 50 passenger vehicles per stage. In particular, the establishment of vehicle records must be carried out for a minimum of 200 vehicles;

c) For a 3-month practical training period: a minimum of 100 vehicles per stage for various types of vehicles (practical training may be conducted on multiple stages for one vehicle), including a minimum of 25 trucks and 25 passenger vehicles per stage. In particular, the establishment of vehicle records must be carried out for a minimum of 100 vehicles.

4. The stages of inspecting vehicles on the inspection line include:

a) Stage 1: identification and general inspection;

b) Stage 2: upper part inspection;

c) Stage 3: braking efficiency and lateral skid inspection;

d) Stage 4: environmental inspection;

e) Stage 5: lower part inspection.

5. Trainees must prepare a report on the results of practical training for vehicle inspectors according to the model prescribed in Appendix Ia issued together with this Circular. The inspection unit guiding the practical training will base the report on practical training to establish a confirmation document for practical training of vehicle inspectors according to the model prescribed in Appendix Ib issued together with this Circular.

Article 11. Training of staff

The Vietnam Vehicle Inspection Agency organizes the implementation of training and assessment for staff in the following areas:

1. Theoretical training

a) History of the formation, construction, and development of the vehicle inspection system; professional ethics; communication skills; regulations on responsibilities, duties, and authorities of organizations and individuals involved in inspection activities; public service supply in the field of inspection; regulations on violations and handling of violations in the inspection field;

b) Regulations and guidance on business practices; requirements for inspection files and vehicle records; procedures for conducting inspections; classification of vehicles; inspection fees and charges; file management, reporting, and data transmission as required by competent authorities.

2. Practical guidance: guidance on using business-related programs and software.

3. After completing the training course, the Vietnam Vehicle Inspection Agency will organize an examination and evaluation and announce the individuals who meet the requirements on the Vietnam Vehicle Inspection Agency's electronic information website. In case of failure, they will be given another chance to retake the examination within 15 working days from the date of the result announcement.

PART 2: EVALUATION OF MOTOR VEHICLE INSPECTOR PROFESSIONAL SKILLS

Article 12. Evaluation of motor vehicle inspector professional skills

1. The application dossier for evaluation and issuance of the motor vehicle inspector certificate as prescribed in Clause 1, Article 15 of Decree No. 139/2018/NĐ-CP (amended and supplemented by Decree No. 30/2023/NĐ-CP), including the confirmation document from maintenance and repair facilities (if any) according to the form specified in Appendix Ic issued together with this Circular. The Vietnam Motor Vehicle Inspection Agency shall organize theoretical and practical evaluations of five inspection procedures on the inspection line.

2. The Vietnam Motor Vehicle Inspection Agency shall organize the examination and evaluation for the first issuance or reissuance of the motor vehicle inspector certificate upon expiration, including both theoretical and practical examinations of five inspection procedures on the inspection line. The examination results shall be recorded according to the form specified in Appendix IV issued together with Decree No. 139/2018/NĐ-CP, as follows:

a) Candidates who achieve satisfactory theoretical examination results and have achieved at least three practical evaluation procedures shall meet the conditions for issuance of the motor vehicle inspector certificate. Organizations and individuals requiring further evaluation may request supplementary evaluations of the procedures not achieved (not recorded on the motor vehicle inspector certificate) within one month from the date of the most recent evaluation.

b) Candidates who achieve satisfactory theoretical examination results but only achieve up to two out of five practical evaluation procedures, or who fail one or more theoretical examination contents, shall not meet the conditions for issuance of the motor vehicle inspector certificate. Organizations and individuals requiring further evaluation may request re-evaluations (both theoretical and practical five inspection procedures on the inspection line) within one month from the date of the most recent evaluation.

3. Motor vehicle inspectors may only perform inspections of the procedures recorded on their motor vehicle inspector certificates.

Article 13. Training and Evaluation of Advanced Level Motor Vehicle Inspector Professional Skills

1. Conditions for participation in training and evaluation for the issuance of the advanced level motor vehicle inspector certificate for the first time: Motor vehicle inspectors must comply with the provisions stipulated in Points a and b, Clause 2, Article 14 of Decree No. 139/2018/NĐ-CP and hold a motor vehicle inspector certificate that allows them to inspect five procedures in motor vehicle inspections.

2. The Vietnam Motor Vehicle Inspection Agency shall organize the evaluation of advanced level motor vehicle inspectors. Prior to the evaluation of advanced level motor vehicle inspector professional skills, motor vehicle inspectors shall undergo training on the following topics:

a) Legal and technical documentation: updating regulations, guidance on professional practices, standards, and technical norms in vehicle inspections and type approval testing;

b) Technical professional skills: analyzing structure; diagnosing technical condition, faults, and causes of faults in vehicle components, systems, and assemblies; updating new technologies equipped on vehicles; updating and supplementing inspection methods for new inspection equipment in inspection work; management and organizational skills for motor vehicle inspection activities at inspection units;

c) Special topics: recommendations from the International Organization for Vehicle Inspection (CITA) in inspection work, quality management systems according to ISO 9001 standard; road traffic safety and traffic accident investigation.

3. Examination and Evaluation for Issuance of Advanced Level Motor Vehicle Inspector Certificate

a) Motor vehicle inspectors who achieve satisfactory theoretical examination results and have achieved all six content areas (as specified in Appendix IV issued together with Decree No. 139/2018/NĐ-CP) shall be issued an advanced level motor vehicle inspector certificate;

b) In cases where the conditions stipulated in Point a, Clause 3 of this Article are not met, organizations and individuals may request re-evaluation within one month from the date of the unsatisfactory evaluation;

c) In cases where candidates achieve satisfactory theoretical examination results and have achieved at least three practical evaluation procedures, they shall be issued a motor vehicle inspector certificate. If motor vehicle inspectors wish to re-evaluate to obtain an advanced level motor vehicle inspector certificate, they may request re-evaluation within one month from the date of the unsatisfactory evaluation and only need to re-evaluate the unmet content areas.

4. The re-evaluation for reissuance of the advanced level motor vehicle inspector certificate upon expiration shall be conducted in accordance with the provisions of Clause 3 of this Article.

Article 14. Professional evaluator of vehicle inspection officers

The professional evaluator of vehicle inspection officers must be a high-level mechanical vehicle inspector, subject to review and decision by the Vietnam Vehicle Inspection Department.

Chapter IV

IMPLEMENTATION

Article 15. Responsibilities of the Vietnam Inspectorate Bureau

1. Implement the responsibilities stipulated in Clause 4, Article 27 of Decree No. 139/2018/ND-CP (amended and supplemented by Decree No. 30/2023/ND-CP).

2. Develop plans and programs to guide the management and inspection of mechanical vehicles for Departments of Transport; organize training sessions for inspectors and technical staff.

3. Provide the Department of Transport with an account:

a) To search for information on mechanical vehicles currently in circulation to serve business transport management and patrol control by competent forces;

b) To access the system for managing mechanical vehicle inspections of the Vietnam Vehicle Inspection Department to exploit and utilize inspection data from inspection units within the jurisdiction to serve management and operational activities.

4. Organize inspections of Departments of Transport and inspection units in their work of managing mechanical vehicle inspections.

Article 16. Responsibilities of the Department of Transport

1. Implement the responsibilities stipulated in Clause 22, Article 1 of Decree No. 30/2023/ND-CP.

2. When conducting inspections and evaluations as prescribed in Articles 4, 5, and 6 of this Circular, may use inspection tools and equipment (measuring devices, calipers) of the inspection unit to assist in the inspection and evaluation process.

3. Update the results of implementation as prescribed in Articles 4, 5, and 6 of this Circular in electronic form and send them to the Vietnam Vehicle Inspection Department within ten days from the end date of the work.

4. Provide the documents specified in Article 7 of this Circular to the Vietnam Vehicle Inspection Department upon request.

Article 17. Responsibilities of inspection units

1. Implement the responsibilities stipulated in Clause 5, Article 27 of Decree No. 139/2018/ND-CP (amended and supplemented by Decree No. 30/2023/ND-CP).

2. Ensure independence, objectivity, transparency, and not be influenced by any factor that affects the inspection results.

3. Dispatch personnel to attend training sessions and update technical skills for vehicle inspectors and technical staff.

4. Develop and issue internal procedures of the inspection unit to fully implement inspection contents as prescribed in regulations on safety technical inspection and environmental protection of road motor vehicles based on the mechanical vehicle inspection flowchart as specified in Appendix XII attached to this Circular.

5. Adhere to financial obligations related to inspection activities as prescribed by law.

6. Report quarterly on the use of inspection seals as prescribed in regulations on safety technical inspection and environmental protection of road motor vehicles to the local Department of Transport.

7. Provide surveillance camera accounts to the Vietnam Vehicle Inspection Department and the Department of Transport to monitor mechanical vehicle inspection activities.

8. Uniformly use the management software system for mechanical vehicle inspections transferred by the Vietnam Vehicle Inspection Department and control software for inspection equipment announced by the Vietnam Vehicle Inspection Department.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Effective Date

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

2. This Circular abolishes Circular No. 18/2019/TT-BGTVT dated May 20, 2019, guiding the implementation of Decree No. 139/2018/ND-CP dated October 8, 2018, of the Government on the operation of mechanical vehicle inspection services; Clause 2 of Circular No. 01/2022/TT-BGTVT dated January 12, 2022, amending and supplementing certain provisions of Circular No. 29/2018/TT-BGTVT dated May 14, 2018, on quality inspection, safety technical inspection, and environmental protection of railway transportation vehicles; and Circular No. 18/2019/TT-BGTVT dated May 20, 2019, guiding the implementation of Decree No. 139/2018/ND-CP dated October 8, 2018, of the Government on the operation of mechanical vehicle inspection services.

3. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced by other legal normative documents, they shall be implemented according to the provisions of the amended, supplemented, or replacing documents.

Article 19. Implementation

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Vehicle Inspection Department, Directors of Departments of Transport and Construction of provinces and centrally administered cities, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.