Circular No. 51/2016/TT-BGTVT guiding the implementation of Decree No. 63/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating motor vehicle inspection services.

CIRCULAR

Guidelines for implementing Decree No. 63/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating motor vehicle inspection services.

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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;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 63/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating motor vehicle inspection services;

The Minister of Transport issues this Circular amending and supplementing certain articles of Circular No. 29/2018/TT-BGTVT dated May 14, 2018, issued by the Minister of Transport on quality inspection, technical safety, and environmental protection for railway transportation vehicles, and Circular No. 18/2019/TT-BGTVT dated May 20, 2019, issued by the Minister of Transport guiding the implementation of Decree No. 139/2018/NĐ-CP dated October 8, 2018, of the Government on business operations of vehicle inspection services.

The Minister of Transport issues this Circular guiding the implementation of Decree No. 63/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating motor vehicle inspection services.

PART I

GENERAL PROVISIONS

Article 1.  Scope of Regulation

This Circular guides the implementation of Decree No. 63/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating motor vehicle inspection services.

Article 2. Applicability

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

2. This Circular does not apply to organizations and individuals conducting motor vehicle inspections for military and police vehicles used for national defense and security purposes.

Chapter II

TRAINING OF MOTOR VEHICLE INSPECTOR AND SUPPORT STAFF

Article 3. Training of Motor Vehicle Inspector

Individuals participating in the training of motor vehicle inspectors who meet the provisions at points a, b, and e of Clause 1, Article 11 of Decree No. 63/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating motor vehicle inspection services (hereinafter referred to as Decree No. 63/2016/NĐ-CP) shall be trained in the following contents:

1. Theoretical training

a) Overview: Network system, organization of motor vehicle inspections; professional ethics; regulations on responsibilities and handling violations in inspection work; regulations on administrative penalties in the field of road traffic.

b) Legal documents: Legal normative documents, guidance on business practices in inspection work and inspection activities.

c) Standards, technical regulations, and procedures relevant to inspection work.

2. Practical guidance at inspection units

a) Use of inspection equipment.

b) Inspection of motor vehicles according to inspection categories, methods; stages and procedures of motor vehicle inspection; evaluation of inspection results.

c) Management software for motor vehicle inspections, vehicle information lookup.

3. Upon completion of the training, participants in the training of motor vehicle inspector will be issued a Certificate of Training for Motor Vehicle Inspector according to the model prescribed in Appendix 1 attached hereto.

Article 4. Training of Advanced Motor Vehicle Inspector

A motor vehicle inspector with a minimum of 36 months of experience, holding a certificate of qualification in all five stages issued by the inspection unit or the organization establishing the inspection unit, shall be trained in the following contents:

1. Theoretical training

a) Legal documents: Updates on regulations, business practice guidelines, standards, and technical regulations in inspection and certification of motor vehicle types.

b) Technical skills: Analysis of structure; diagnosis of technical condition, damage, and causes of damage of vehicle components, systems, assemblies; general regulations on vehicle modification; new technologies equipped on vehicles; content, methods, and equipment for new inspection tasks.

2. Presentation of special topics: Recommendations of the International Organization for Motor Vehicle Inspection in inspection work and quality management of inspection units; Road safety and traffic accident investigation; Requirements for practical training of motor vehicle inspector.

3. Upon completion of the training, motor vehicle inspectors participating in advanced training of motor vehicle inspector will be issued a Certificate of Advanced Training for Motor Vehicle Inspector according to the model prescribed in Appendix 1 attached hereto.

Article 5. Training of business personnel

Personnel participating in the training of business personnel must comply with the provisions set out in Clause 1 and 2 of Article 17 of Decree No. 63/2016/NĐ-CP, who are sent for training by the inspection unit or the organization establishing the inspection unit, shall be trained on the following contents:

1. Theoretical training

a) Overview: Network system, organization of motor vehicle inspections; professional ethics; regulations on responsibilities and handling violations in inspection work; regulations on administrative penalties in the field of road traffic.

b) Legal documents: Regulations and guidance on business operations; requirements for inspection files; procedures for conducting inspections; classification of vehicles, inspection fees and charges; management of files, reports, and transmission of inspection data.

2. Practical guidance: Guidance on using programs and software for managing vehicle inspections.

3. Upon completion of the training, participants in staff training will be issued a Staff Training Certificate according to the model prescribed in Appendix 2 attached to this Circular.

Article 6. Internship for vehicle inspection officers

1. After completing the training for vehicle inspection officers, within a period not exceeding three months, participants must undergo an internship at one or more vehicle inspection units. In case there is a change in the internship inspection unit, the intern must report to the Vietnam Vehicle Inspection Agency.

2. During the internship period, the intern for vehicle inspection officers (hereinafter referred to as the intern inspector) must practice the following contents: inspect five stages on the inspection line, use testing equipment and various programs and software for managing vehicle inspections.

3. The intern inspector must prepare and submit an internship report for vehicle inspection officers to the Vietnam Vehicle Inspection Agency according to the form prescribed in Appendix 3 issued together with this Circular.

4. The leadership of the inspection unit assigns an inspector to guide the internship and is responsible for the content of the intern inspector's internship at the unit.

5. The person guiding the internship must be a senior vehicle inspector or a vehicle inspector with at least 36 months of experience. The intern inspector is allowed to inspect and evaluate vehicles for inspection under the guidance and supervision of the person guiding the internship; the person guiding the internship is responsible for the results of the technical condition assessment of vehicles undergoing inspection.

6. Inspection stages of vehicles on the inspection line include:

Stage 1: Establishing vehicle records and checking identification and general overview;

Stage 2: Inspecting the upper part of the vehicle;

c) Stage 3: Inspection of braking efficiency and lateral slip;

d) Stage 4: Environmental inspection;

Stage 5: Inspecting the lower part of the vehicle.

Chapter III

ASSESSMENT OF BUSINESS OPERATIONS FOR INSPECTORS

Article 7. Assessment of business operations for vehicle inspectors

1. The Vietnam Vehicle Inspection Agency organizes the assessment of the implementation of inspections of five stages on the inspection line to issue a certificate for vehicle inspectors.

2. In cases where the first issuance of a certificate for vehicle inspectors is assessed, the assessment result meets the requirements when the intern inspector achieves three or more stages. If the assessment result does not meet the requirements, organizations and individuals have the right to request the Vietnam Vehicle Inspection Agency to reassess according to the contents stipulated in Clause 1 of this Article six months from the date of assessment.

3. In cases where the reissuance of a certificate for vehicle inspectors is assessed, the assessment result meets the requirements when the vehicle inspector achieves three or more stages. If the assessment result does not meet the requirements, the inspection unit has the right to request the Vietnam Vehicle Inspection Agency to reassess according to the contents stipulated in Clause 1 of this Article one month from the date of assessment.

4. In cases where a vehicle inspector has an assessment result that meets the requirements but does not achieve all five stages, the inspection unit may request supplementary assessments of the unachieved stages six months from the date of the most recent assessment.

5. Motor vehicle inspectors may only conduct inspections of the stages recorded on the certificate of motor vehicle inspector.

Article 8. Evaluation of senior motor vehicle inspector business skills

1. The Vietnam Vehicle Registration Agency shall conduct evaluations on the inspection assembly line regarding the following contents: inspecting five stages; assessing, analyzing the structure, diagnosing technical condition, damage, and causes of damage to components, systems, assemblies of motor vehicles, and remedial measures to issue a certificate for a senior motor vehicle inspector.

2. In cases where the evaluation for issuing a certificate for a senior motor vehicle inspector is conducted for the first time, the evaluation result meets the requirements when the motor vehicle inspector achieves all the evaluation contents stipulated in Clause 1 of this Article. In cases where the evaluation does not meet the requirements, the registration agency has the right to request the Vietnam Vehicle Registration Agency to re-evaluate according to the contents specified in Clause 1 of this Article six months from the date of the initial evaluation.

3. In cases where the evaluation is for reissuing a certificate for a senior motor vehicle inspector, the evaluation result meets the requirements when the motor vehicle inspector achieves all the evaluation contents stipulated in Clause 1 of this Article. In cases where the evaluation does not meet the requirements, the registration agency has the right to request the Vietnam Vehicle Registration Agency to re-evaluate according to the contents specified in Clause 1 of this Article one month from the date of the initial evaluation.

4. In cases where the evaluation results of a senior motor vehicle inspector do not meet the conditions for reissuing a certificate for a senior motor vehicle inspector but meet the conditions for issuing a certificate for a motor vehicle inspector, the registration agency has the right to request the Vietnam Vehicle Registration Agency to issue a certificate for a motor vehicle inspector. If there is a need to reissue a certificate for a senior motor vehicle inspector later, the agency may request a re-evaluation according to the provisions of Clause 1 of this Article after at least twelve months.

Article 9. Working Time at the Registration Agency

A vehicle inspector is considered to be working at the registration agency when performing one of the following tasks: directly conducting vehicle inspections; training and instructing vehicle inspectors; evaluating business skills to issue inspector certificates; implementing inspections and assessments to confirm or maintain operational conditions for vehicle inspections.

Article 10. Evaluators of Inspector Business Skills

The person evaluating the business skills of vehicle inspectors is a vehicle inspector belonging to the Vietnam Vehicle Registration Agency, with at least five years of experience in vehicle inspection work and designated by the Director of the Vietnam Vehicle Registration Agency.

Chapter IV

INSPECTION, EVALUATION OF OPERATIONAL CONDITIONS AND MAINTENANCE OF OPERATIONAL CONDITIONS FOR VEHICLE INSPECTIONS

Article 11. Implementation of Registration Agency Establishment

1. Before establishing a registration agency, the organization setting up the registration agency must unify with the Vietnam Vehicle Registration Agency the following contents:

a) Location for establishing the registration agency (location, land origin, purpose of land use);

b) Layout and installation positions of the inspection assembly line, parking lot, internal roads within the registration agency;

c) List of inspection equipment and tools (specifying brand, origin, technical features);

d) Registration number of the registration agency;

đ) Anticipated start time for participating in inspection activities.

2. After unification, the Vietnam Vehicle Registration Agency will notify in writing the unified contents to the organization setting up the registration agency. During the establishment process or during operation, if there are changes to the unified contents, the organization setting up the registration agency or the registration agency must inform the Vietnam Vehicle Registration Agency.

3. The organization setting up the registration agency must implement the establishment of the registration agency in accordance with the provisions of Decree No. 63/2016/ND-CP and other relevant laws.

4. After completing the establishment and installation of technical facilities, the registration agency shall prepare a dossier to apply for a certificate confirming the operational conditions for vehicle inspections as stipulated in Article 21 of Decree No. 63/2016/ND-CP, including a list of job titles working at the agency according to the model prescribed in Appendix 4 issued together with this Circular; a list of inspection equipment, inspection tools, information and data storage devices according to the model prescribed in Appendix 5 issued together with this Circular.

5. In cases where the registration agency for motor vehicles experiences personnel changes or changes in inspection equipment affecting the number of operational inspection assembly lines, or the location, site, inspection workshop, layout of inspection assembly lines differ from the operational conditions certificate dossier that has been issued, then an inspection and evaluation of the changed content must be conducted to reissue the certificate confirming the operational conditions for vehicle inspections.

Article 12. Content of inspection and evaluation of conditions and maintenance of conditions for vehicle inspection activities

1. Floor area of the inspection unit: The results of inspection and evaluation shall be recorded in the record form prescribed in Appendix 6 issued together with this Circular.

2. Inspection workshop: Inspect the minimum clearance dimensions of the inspection workshop (measured from the inner walls of the workshop with one assembly line), the distance between the centers of adjacent assembly lines, and the distance from the center of the outermost assembly line to the nearest inner wall; the results of inspection and evaluation shall be recorded in the record form prescribed in Appendix 6 issued together with this Circular.

3. Office building, parking lot, internal road: Inspect the office building, waiting room, parking lot, and width of the internal road; the results of inspection and evaluation shall be recorded in the record form prescribed in Appendix 6 issued together with this Circular.

4. Testing equipment and inspection tools: Inspect quantity, type, brand, accuracy, calibration validity period, rational arrangement according to the inspection process, control software, standard setting installation, measurement procedure establishment, data transmission capability; the results of inspection and evaluation shall be recorded in the record form prescribed in Appendix 7 issued together with this Circular.

5. Information storage and data transmission equipment, other equipment: Inspect quantity and arrangement according to the inspection process; licensed management software version, standard setting installation, data transmission capability, storage capability, ability to receive registration information for inspection; the results of inspection and evaluation shall be recorded in the record form prescribed in Appendix 6 issued together with this Circular.

6. Human resources

a) Inspect recruitment files, labor contracts, decisions recognizing Inspector status, training certificates for technical staff, appointment decisions for assembly line supervisors, and heads of inspection units.

b) Summarize and evaluate compliance with relevant procedures and regulations in the inspection work of each individual through the results of inspection and evaluation of the contents stipulated in Clause 7, Clause 8, and Clause 9 of this Article and any violations during the evaluation period (if any); the results of inspection and evaluation shall be recorded in the record form prescribed in Appendix 8 issued together with this Circular.

c) Inspect and evaluate Inspectors; the results of inspection and evaluation shall be recorded in the record form prescribed in Appendix II of Decree 63/2016/NĐ-CP.

7. Implementation of inspection procedures: Conduct an assessment of the operation of the assembly line, compliance with procedures and regulations, and the quality of the inspection work of Inspectors and units; the results of inspection and evaluation shall be recorded in the record form prescribed in Appendix 8 issued together with this Circular.

8. Documents and data (for inspection and evaluation of maintenance of operational conditions): Evaluate compliance with relevant regulations in the inspection work of individuals and units through the inspection of stored documents and data; the results of inspection and evaluation shall be recorded in the record form prescribed in Appendix 9 issued together with this Circular.

9. Registers, reporting systems, management, and use of inspection seals: Evaluate compliance with relevant regulations in the inspection work of individuals and units through the inspection of register opening and recording, periodic reporting implementation, management, and use of inspection seals; the results of inspection and evaluation shall be recorded in the record form prescribed in Appendix 10 issued together with this Circular.

10. Other contents: Tables, notices as prescribed, cameras capturing vehicles for inspection; IP surveillance cameras storing images; system receiving registration information for inspection; static IP address. The results of inspection and evaluation shall be recorded in the record form prescribed in Appendix 6 issued together with this Circular.

11. The results of inspection and evaluation shall be recorded in the form prescribed in Appendix IV of Decree 63/2016/NĐ-CP based on the consolidation of results from inspection and evaluation records established by members of the team.

Article 13. Archiving inspection and evaluation files

1\. Inspection and evaluation files for issuing certificates of qualification for motor vehicle testing operations shall be established in two sets, one set to be kept at the testing unit and the other set at the Vietnam Motor Vehicle Testing Administration as a basis for inspecting and evaluating the maintenance of conditions for motor vehicle testing operations.

2\. Inspection and evaluation files for maintaining conditions for motor vehicle testing operations shall be established in two sets, one set to be kept at the testing unit and the other set at the Vietnam Motor Vehicle Testing Administration, and shall be destroyed after three years.

Chapter V

IMPLEMENTATION

Article 14. Responsibilities of the Vietnam Motor Vehicle Inspection Agency

1\. Implement state management within their authority over testing units nationwide.

2\. Review, propose, and report to the Ministry of Transport on adjustments and updates to the overall network planning of testing units, establishment, and operation of testing units in accordance with regulations.

3\. Organize and implement training programs for testing officers and technical staff.

4. Develop and announce on the Vietnam Motor Vehicle Testing Administration's website the plan for periodic inspections and evaluations of testing units.

Article 15. Responsibilities of the Department of Transport

1\. Implement state management within their authority over testing units within their jurisdiction.

2\. Organize supervision and monitoring of testing activities of testing units within their jurisdiction.

3\. Propose the Vietnam Motor Vehicle Testing Administration to suspend or revoke certificates of testing officers and certificates of qualification for motor vehicle testing operations for individuals and motor vehicle testing units within their jurisdiction.

4\. Announce on the Department of Transport's website the list of testing units that have been issued, suspended, or had their certificates of qualification for motor vehicle testing operations revoked within their jurisdiction.

Article 16. Responsibilities of testing units

1\. Report to the Vietnam Motor Vehicle Testing Administration when there are changes in the number of testing officers, responsible chain leaders, unit leadership, or testing equipment.

2\. Inspect, maintain, and repair to ensure the accuracy and operational status of testing equipment and tools in accordance with regulations. Report to the Vietnam Motor Vehicle Testing Administration and the local Department of Transport when testing equipment or chains cease operation.

3\. Develop annual training plans for testing officers and technical staff within the unit.

4\. Prepare activity reports for the testing period according to the model prescribed in Appendix 11 attached hereto and submit them to the Vietnam Motor Vehicle Testing Administration before the periodic inspection and evaluation of the maintenance of conditions for motor vehicle testing operations.

5\. Review and develop plans to address non-compliant contents to ensure compliance with the conditions for motor vehicle testing operations as stipulated in Decree 63/2016/NĐ-CP.

Article 17. Effective Date

This Circular takes effect from March 15, 2017, and replaces the following documents:

1\. Circular No. 27/2013/TT-BGTVT dated September 24, 2013, of the Minister of Transport regarding standards, tasks, and authorities for leaders and staff of road motor vehicle testing centers.

2\. Circular No. 72/2014/TT-BGTVT dated December 12, 2014, of the Minister of Transport amending and supplementing certain articles of Circular No. 27/2013/TT-BGTVT dated September 24, 2013, of the Minister of Transport regarding standards, tasks, and authorities for leaders and staff of road motor vehicle testing centers.

3\. Circular No. 11/2009/TT-BGTVT dated June 24, 2009, of the Minister of Transport regarding conditions for road motor vehicle testing centers.

4\. Circular No. 59/2013/TT-BGTVT dated December 30, 2013, of the Minister of Transport regarding the establishment and operation of motor vehicle testing centers.

Article 18. Implementation Organization

The Director of the Ministry’s Office, the Director of the Ministry’s Inspectorate, Heads of Departments, Directors of the Vietnam Motor Vehicle Testing Administration, Directors of Provincial and Municipal Departments of Transport under the Central Government, Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.