Decision No. 45/2005/QD-BGTVT on the conditions for establishing and operating Motor Vehicle Inspection Centers

DECISION OF THE MINISTER OF TRANSPORT

Regarding the establishment and operation conditions of Motor Vehicle Inspection Centers

 

THE MINISTER OF TRANSPORTATION

Pursuant to the Road Traffic Law dated June 29, 2001;

Pursuant to Decree No. 34/2003/ND-CP dated April 4, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Based on the proposal of the Director of the Vietnam Motor Vehicle Inspection Agency, the Heads of the Science and Technology Department, the Organization and Cadre Affairs Department, and the Legal Affairs Department,

 

DECISION:

Article 1. This Decision promulgates the Regulations on the establishment and operation conditions of Motor Vehicle Inspection Centers.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Head of the Office, Heads of Departments: Organization and Cadre Affairs, Legal Affairs, Science and Technology, Transportation, the Director of the Vietnam Motor Vehicle Inspection Agency, the Director of the Vietnam Highway Administration, the Directors of Provincial Departments of Transport and Public Works, Heads of agencies, units, and individuals concerned shall be responsible for implementing this Decision.

 

REGULATIONS

On the establishment and operation conditions of Motor Vehicle Inspection Centers

(Issued together with Decision No. 45/2005/QD-BGTVT dated September 23, 2005)

of the Ministry of Transport)

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

These regulations stipulate the conditions for establishing and operating Motor Vehicle Inspection Centers.

Article 2. Applicability

These regulations apply to organizations and individuals related to motor vehicle inspection activities.

Article 3. Explanation of Terms

In these regulations, the following terms are understood as follows:

1. Motor Vehicle Inspection Center (hereinafter referred to as the Center) is an entity providing technical services in inspecting, evaluating, and certifying the safety and environmental protection of motor vehicles in operation.

2. Inspection is a periodic technical check aimed at assessing the technical safety and environmental protection status of motor vehicles according to current standards, procedures, and regulations to certify that motor vehicles meet the conditions to participate in road traffic.

3. State management agency specialized in inspection work of motor vehicles in operation is the Vietnam Motor Vehicle Inspection Agency (hereinafter referred to as the specialized management agency).

4. Inspection stamp is the template of various types of certificates, inspection stickers, inspection record books, and temporary suspension certificates issued and managed uniformly by the Vietnam Motor Vehicle Inspection Agency.

Chapter II
REGISTRATION FOR ESTABLISHMENT AND ISSUANCE OF
LICENSE TO OPERATE

Article 4. Conditions for participating in motor vehicle inspection activities

Organizations established under the Enterprise Law, the State Enterprise Law, and the Foreign Investment Law in Vietnam, with a location suitable for planning and meeting the standards for Motor Vehicle Inspection Centers set by competent state authorities, may register to establish a Center.

Article 5. Registration for establishing a Center

1. Organizations and individuals wishing to participate in motor vehicle inspection activities shall prepare and submit an application dossier to the Vietnam Motor Vehicle Inspection Agency. The dossier includes:

a) Application for registration to establish a Center;

b) A project for establishing a Center, clearly demonstrating the capacity regarding land, capital, human resources, and equipment planned for investment in establishing the Center.

In cases where multiple organizations and individuals apply to establish a Center in a region within the published plan, a tender will be organized as prescribed.

2. Based on current standards, the Vietnam Motor Vehicle Inspection Agency shall examine and issue a consent document and assign a code for the Center.

If the organization or individual does not commence construction of the Center within six months from the date of consent, the consent document will become invalid.

Article 6. Issuing Operation Certificate

1. After completing the investment, organizations and individuals shall notify in writing (in accordance with the form prescribed in Appendix 1) to the Vietnam Vehicle Inspection Agency to organize the inspection and issuance of the vehicle inspection operation certificate.

2. The validity period of the vehicle inspection operation certificate is five years from the date of signature. Annually, the Vietnam Vehicle Inspection Agency shall conduct inspections, calibrations, and evaluations for compliance in accordance with current regulations.

Chapter III
VEHICLE INSPECTION ACTIVITY

Article 7. Responsibilities of the Center

1. Conducting vehicle technical safety and environmental protection inspections and issuing certificates for motor vehicles participating in road traffic in accordance with regulations. The head of the inspection unit and the person directly conducting the inspection shall be responsible for the inspection results;

2. Inspecting, maintaining, and repairing to maintain the accuracy of inspection equipment between calibration periods as stipulated;

3. Preparing records when encountering objective incidents that require temporarily suspending inspection activities and reporting to the specialized management authority;

4. Obtaining certification of quality management system application according to ISO 9000:2000 within twelve months from the date of permission to operate;

5. Evaluating the technical condition of motor vehicles at the request of competent state agencies or upon the owner's request;

6. Participating in accident investigations related to vehicle technical safety at the request of functional agencies and recommending preventive measures;

7. Implementing other technical consulting services as prescribed; implementing scientific research topics and participating in other relevant activities upon request of the state management agency;

8. Adhering to and facilitating the inspection, supervision, and monitoring activities of functional agencies. Implementing storage and reporting systems as prescribed;

9. Publicizing the content, procedures, standards, regulations, fees, charges, and inspection time on the same day;

10. Paying membership fees and training costs as prescribed;

11. When there is no need to continue participating in inspection activities, the organization or individual establishing the Center must submit a written notice to the specialized management authority thirty days before ceasing operations.

From the cessation date, the Center is responsible for submitting seals, operation certificates, unused stamps, damaged stamps, and stored files to the specialized management authority.

After ceasing operations, the organization or individual establishing the Center, the head of the inspection unit, and the person directly conducting the inspection shall still be responsible for motor vehicles whose inspection certificates issued by the Center remain valid.

Article 8. Rights of the Center

1. Collecting and using fees and charges as prescribed;

2. Recovering issued stamps when violations are detected or when motor vehicles have exceeded their service life;

3. Requesting law enforcement agencies to handle actions obstructing the Center’s activities.

Article 9. Prohibited Actions

1. Conducting inspections not in accordance with content, procedures, and regulations; failing to ensure the minimum inspection time for each vehicle;

2. Conducting inspections when the accuracy of inspection equipment is not guaranteed; when internal computer networks are malfunctioning; inspecting motor vehicles during power outages;

3. Assigning personnel to perform inspection work not meeting specified standards;

4. Organizing motor vehicle repair and maintenance services at the Center;

5. Collecting fees or charges contrary to regulations; engaging in corrupt practices, harassment, and accepting money or gifts in any form;

6. Conducting inspections and issuing inspection certificates for motor vehicles despite a non-inspection request from a competent state agency;

7. Using inspection stamps not issued by the Vietnam Vehicle Inspection Agency.

Article 10. Inspection and Supervision of Testing Activities

1. The head of the Center shall be responsible for regularly self-inspecting the Center's activities according to current standards, procedures, and regulations;

2. The Center is subject to periodic inspections, sudden specialized inspections, and oversight mechanisms for testing activities by relevant state management agencies as prescribed by law.

Article 11. Suspension of Testing Activities for a Specified Period

1. The Center shall be suspended from operating for one month when any of the following violations occur:

a) Violation of the standards of the Motor Vehicle Inspection Center;

b) Two violations of any of Clauses 1, 2, 3, or 4 of Article 9 of this Regulation, or one violation of any of Clauses 5, 6, or 7 of Article 9 of this Regulation within three months.

2. The Center shall be suspended from operating for three months when any of the following violations occur:

a) Two violations of any of Clauses 5, 6, or 7 of Article 9 of this Regulation within twelve months;

b) Violation of prohibited acts stipulated in Article 9 of this Regulation leading to a second one-month suspension within twelve months.

3. When the Center is suspended from testing activities for a specified period, the specialized management agency shall be responsible for:

a) Issuing a decision to suspend the testing activities of the Inspection Center for a specified period, temporarily ceasing the provision of inspection seals, and inventorying unused seals up to the time the Center must suspend operations;

b) Announcing on the electronic information website (Website) of the Vietnam Vehicle Registration Agency, address: http://www.vr.org.vn/, on mass media, and at the Center;

c) The Center may only resume operations upon permission from the Vietnam Vehicle Registration Agency.

Article 12. Revocation of Certificate of Testing Activity

1. The Center shall have its certificate of testing activity revoked when:

a) It fails to rectify violations concerning the standards of the Motor Vehicle Inspection Center within six months;

b) It commits prohibited acts stipulated in Article 9 of this Regulation leading to a second three-month suspension within twelve months.

2. Organizations or individuals named as founders of the Center whose certificate of testing activity has been revoked shall not engage in motor vehicle inspection activities for a minimum of three years. If they wish to resume the Center’s operations, they must re-establish the Center according to the initial establishment procedures.

3. When the Center’s violations reach the level requiring revocation of the certificate of testing activity, the specialized management agency shall be responsible for:

a) Issuing a decision to revoke the certificate of motor vehicle inspection activity;

b) Ceasing the provision of inspection seals, recovering unused seals, damaged seals, and stored inspection files up to the time of revoking the certificate of testing activity.

c) Announcing on the electronic information website (Website) of the Vietnam Vehicle Registration Agency, address: http://www.vr.org.vn/, on mass media, and at the Motor Vehicle Inspection Center.

Chapter III
IMPLEMENTATION

Article 13. Responsibilities of the Vietnam Vehicle Registration Agency

The Director of the Vietnam Vehicle Registration Agency shall be responsible for organizing guidance, inspection, and supervision of the implementation of this Regulation.

Article 14. Responsibilities of the Department of Transport and Public Works

The Director of the Department of Transport and Public Works of provinces and centrally-administered cities shall be responsible for implementing state management within their jurisdiction over the Motor Vehicle Inspection Centers under their management./.