Circular No. 85/2014/TT-BGTVT on the renovation of road motor vehicles

CIRCULAR

Provisions on the modification of motor vehicles

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;

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 shall issue Circulars stipulating the modification of motor vehicles.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the modification of motor vehicles (hereinafter referred to as motor vehicles) that have been registered with license plates or have been imported and are permitted for use.

2. This Circular does not apply to the following motor vehicles:

a) Motorcycles, motorbikes, tractors;

b) Motor vehicles modified for use in national defense and security purposes by the Ministry of National Defense and the Ministry of Public Security.

Article 2. Applicability

This Circular applies to organizations and individuals related to the activity of modifying motor vehicles.

Article 3. Explanation of Terms

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

1. Motor vehicles are road motor vehicles defined and classified according to Vietnamese Standards TCVN 6211 and TCVN 7271 (excluding motorcycles and motorbikes).

2. Main assembly are engines; frames; driver's cabins, bodies, or cargo compartments; specialized equipment installed on vehicles.

3. System" are power transmission systems; drive systems; suspension systems; braking systems; steering systems; fuel systems; electrical systems, lighting, and signaling devices.

4. Modification of motor vehicles is the alteration of the structure, shape, arrangement, operating principle, specifications, technical characteristics of a part or the entire system or assembly of motor vehicles. In cases where a system or assembly is replaced by another system or assembly of the same type from the same manufacturer (same spare parts code), it is not considered a modification.

5. Vehicle include passenger cars, semi-trailers, and trailers.

6. Original vehicle (unmodified motor vehicles) are motor vehicles without changes in construction, shape, arrangement, operating principle, specifications, technical characteristics of all systems and assemblies compared to the manufacturer's design.

7. Design entity are businesses engaged in the service of designing motor vehicles.

8. Modification entity are businesses engaged in the construction, modification, production, and assembly of motor vehicles.

9. Design review is the examination, inspection, comparison, and evaluation of the design modification documents of motor vehicles against relevant technical standards, regulations, and provisions.

10. Acceptance of modified motor vehicles is the inspection and assessment of motor vehicles that have been modified according to the approved design documents (hereinafter referred to as acceptance).

Article 4. Regulations when modifying motor vehicles

The modification of motor vehicles and motor vehicles after modification must comply with technical standards and regulations on quality, safety, and environmental protection for motor vehicles participating in traffic and must adhere to the following provisions:

1. Do not modify the purpose of use (functionality) of motor vehicles that have been in use for more than 15 years, from the year of manufacture of the motor vehicle to the date of design approval.

2. Do not modify special-purpose motor vehicles imported into other types of vehicles within five years, refrigerated vehicles imported into other types of vehicles within three years, from the date of first registration.

3. Do not modify the cargo box of newly imported, produced, or assembled trucks that have not been used within six months, from the first technical safety and environmental protection inspection date to the design approval date (except for modifications to driving training vehicles, examination vehicles; installing additional covers on open-box trucks).

4. Do not modify other types of vehicles into passenger-carrying vehicles and vice versa, except for modifications of passenger cars with up to 16 seats (including the driver's seat) into light trucks.

5. Do not modify the suspension system of motor vehicles.

6. Do not modify the braking system of motor vehicles, except in the following cases:

a) Installing auxiliary brake pedals on driving training vehicles, examination vehicles, and vice versa;

b) Modifying to provide energy and control the braking system of trailers and semi-trailers.

7. Do not modify the steering system of motor vehicles, except for modifications of imported vehicles with reverse steering.

8. Do not install two-tier sleeping berths on passenger-carrying vehicles.

9. Do not increase the size of the luggage compartment in passenger-carrying vehicles.

10. Do not modify tractor trucks into other types of vehicles (except for special-purpose vehicles).

11. Do not change the tire size, number of axles, and wheelbase of motor vehicles.

12. Do not change the distance between axles of motor vehicles, except in the following cases: modification into special-purpose vehicles, tractors; shortening the wheelbase during restoration to the original vehicle and when modifying to reduce overall length and cargo box size of dump trucks, tanker trucks, and trucks in accordance with Circular No. 42/2014/TT-BGTVT dated September 15, 2014, of the Minister of Transport on cargo boxes of dump trucks, tanker trucks, and trucks participating in road traffic (hereinafter referred to as Circular No. 42/2014/TT-BGTVT). For semi-trailer trucks (excluding semi-trailer dump trucks) and semi-trailer container trucks with a total allowable weight for traffic less than the designed total weight, the position of axles, axle clusters, and towing pins can be changed until December 31, 2015.

13. Do not increase the overall length of motor vehicles, except in cases of modification into special-purpose vehicles and modification of front and rear body panels of passenger-carrying vehicles.

14. Do not increase the cargo box size of trucks or the volume of tanker trucks. When adding a cover to open-box trucks without a cover, the height of the cargo box sides must not be increased.

15. Do not increase the cargo box size or the volume of tanker trucks when restoring them to their original type after modification.

16. The total allowable weight for traffic of motor vehicles after modification must ensure:

a) For passenger-carrying vehicles: Not exceeding the smaller value between the designed total weight corresponding to the maximum number of passengers allowed by the manufacturer and the total allowable weight for traffic according to bridge load regulations.

b) For trucks and special-purpose vehicles: Not exceeding the designed total weight of the manufacturer and the total allowable weight for traffic according to bridge load regulations.

17. The allowable weight of goods for traffic of motor vehicles after modification must not exceed the designed carrying capacity of the original vehicle.

18. Motor vehicles after modification must be dump trucks, concrete mixers, or cargo trucks with technical specifications in compliance with Circular No. 42/2014/TT-BGTVT.

19. Used systems and assemblies shall not be utilized in motor vehicle modifications except for specialized equipment and engines (in cases where used engines from previously owned motor vehicles are reused, the vehicle from which the engine is taken must have been in use for no more than 15 years since its year of manufacture, including cases where engines of the same type are replaced). The power of the replacement engine must fall within the range of 90% to 120% of the maximum power of the original vehicle's engine.

20. When newly installed on modified motor vehicles, cranes, cargo tanks carrying hazardous goods, and compressed gas or liquefied gas tanks must be inspected and certified by authorized agencies regarding their performance, quality, and technical safety.

21. Throughout their usage period, each motor vehicle may only undergo modification or change to one of two main assemblies, either the engine or the chassis, and may not be modified more than three systems or assemblies: driver's cabin, body or cargo box, passenger compartment; power transmission; movement; suspension; braking; steering; fuel system.

22. If modifying a system or assembly results in an impact on the technical parameters or operational characteristics of related systems or assemblies, such modifications must be specifically considered and calculated and must be treated as modifications to the related systems or assemblies.

23. In cases where motor vehicles are modified to ensure accessibility for persons with disabilities and the modifications do not comply with the provisions of this Article, such modifications may still be carried out. Motor vehicles that have been modified for use by persons with disabilities may only be reverted back to their original state.

Chapter II

DESIGN AND DESIGN REVIEW

Article 5. Design documentation for modified motor vehicles

The design documentation for modified motor vehicles includes:

1. Technical design description of the modified motor vehicle (original copy) as stipulated in Section A of Appendix I attached to this Circular;

2. Technical drawings (original copy) as stipulated in Section B of Appendix I attached to this Circular.

Article 6. Exemption from preparing design documentation for modified motor vehicles

Modified motor vehicles in the following cases are exempted from preparing design documentation:

1. Driving and examination cars equipped with or disassembled from auxiliary brake pedals connected to the main brake pedal through a mechanical lever.

2. Installation or removal of dust covers for the cargo boxes of cargo trucks without changing the dimensions of the cargo box interior.

3. Installation or removal of cargo compartment covers or luggage compartments for pickup trucks without altering the overall dimensions of the vehicle.

4. Cargo trucks and tanker trucks imported, manufactured, or assembled before November 1, 2014, which voluntarily reduce the volume of cargo boxes or tankers to comply with Circular No. 42/2014/TT-BGTVT.

5. Removal of liquefied petroleum gas (LPG) fuel supply systems for engines of motor vehicles that have been modified to install additional LPG fuel supply systems to revert to using the original vehicle's fuel supply system.

6. Modification to change the positions of axles, axle clusters, and drawbars up until December 31, 2015, for semi-trailers (excluding dump semi-trailers) and container semi-trailers with a permitted total weight for traffic less than the designed total weight.

7. Modification according to prototype designs published by the Vietnam Vehicle Inspection Center.

Article 7. Examination of Design for Motor Vehicle Retrofitting

1. The design dossier for motor vehicle retrofitting must be examined by the Vietnam Motor Vehicle Inspection Agency or the Department of Transport (hereinafter referred to collectively as the design examination agency) in accordance with Article 8 of this Circular. If it meets the requirements, the design shall be approved and a Design Examination Certificate for Motor Vehicle Retrofitting (as prescribed in Appendix II attached to this Circular) shall be issued.

2. The Design Examination Certificate is valid for a maximum of twelve months from the date of issuance but not exceeding the usage period of the vehicle (if applicable) or fifteen years from the year of manufacture of the motor vehicle (in cases where the purpose of use is changed).

3. The design examiner of the design examination agency must be an automotive mechanical engineer who has been trained by the Vietnam Motor Vehicle Inspection Agency on technical standards, regulations, and provisions related to motor vehicle retrofitting work.

4. The dossier for requesting design examination includes:

a) A request for design examination document (original) as prescribed in Appendix III attached to this Circular;

b) Four sets of the design dossier for motor vehicle retrofitting as stipulated in Article 5 of this Circular;

c) Technical specifications and performance data of the motor vehicle being retrofitted and its assemblies and systems (certified copy from the design entity);

d) Certified copy from the design entity of one of the following documents: Motor Vehicle Registration Certificate; Transfer and Movement Form (for cases where the transfer procedures are being processed); Certificate of Technical Quality and Environmental Protection for Imported Motor Vehicles or documentation proving completion of import procedures (for used imported motor vehicles without registration plates).

5. Procedure and formalities for design examination

a) Organizations and individuals submit one set of the design examination request dossier to the design examination agency;

b) The design examination agency receives and checks the dossier components: If the dossier is incomplete according to the regulations, the organization or individual will be guided to supplement and complete the dossier immediately on the same working day (for direct submission) or notified and guided to complete the dossier within two working days (for submission through postal services or other appropriate methods);

c) The design examination agency conducts the design examination as prescribed: If the design meets the requirements, the design examination agency issues the Design Examination Certificate within seven working days from the date of receipt of the complete design dossier. In case of non-issuance, the design examination agency notifies in writing and specifies the reasons to the organization or individual within two working days from the date of examination results;

d) Organizations and individuals may submit the dossier and receive the results directly at the design examination agency's office or through postal services or other appropriate methods.

6. After approval, the design dossier and the Design Examination Certificate shall be kept by the design examination agency one set, the retrofitting entity one set, the acceptance agency one set, and the design entity one set.

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

1. Departments of Transport are responsible for examining designs for motor vehicle retrofitting registered with license plates in their localities according to the following regulations:

a) Retrofitting and installation of systems and assemblies: frame; engine; power transmission; driver’s cabin, body or cargo compartment, passenger compartment; electrical system, lighting and signaling devices of: trucks (excluding specialized trucks and second-hand trucks without cargo compartments that have been imported); passenger vehicles up to twenty-five seats (including the driver's seat), including cases where passenger vehicles over twenty-five seats are retrofitted into passenger vehicles up to twenty-five seats;

b) Installation of seating on the cargo bed of training and testing trucks;

c) Retrofitting passenger vehicles into ambulances or funeral vehicles;

d) Retrofitting passenger vehicles with sixteen seats or less (including the driver's seat) into light commercial vehicles.

2. The Vietnam Motor Vehicle Inspection Agency is responsible for examining designs for retrofitting not specified in Clause 1 of this Article or when requested.

3. In cases where Departments of Transport do not have the conditions to examine designs, the Vietnam Motor Vehicle Inspection Agency shall be responsible for implementation.

Chapter III

MOTOR VEHICLE RETROFITTING CONSTRUCTION, ACCEPTANCE AND ISSUANCE OF CERTIFICATE OF TECHNICAL QUALITY AND ENVIRONMENTAL PROTECTION FOR MOTOR VEHICLES AFTER RETROFITTING

Article 9. Construction of modifications

1. Motor vehicle retrofitting construction must be carried out at entities engaged in the business of retrofitting construction, production, and assembly of motor vehicles in accordance with the law.

2. Motor vehicle retrofitting construction must be carried out strictly in accordance with the approved design, ensuring requirements for technical quality and environmental protection.

3. Motor vehicles after retrofitting construction must be inspected by the retrofitting entity to ensure product quality. The inspection results shall be recorded in the Acceptance Certificate for Motor Vehicle Retrofitting Construction as prescribed in Appendix IV attached to this Circular.

Article 10. Inspection of modified motor vehicles

1. After construction and modification according to the approved design, the modified motor vehicle must be inspected by the Vietnam Motor Vehicle Registration Agency or the motor vehicle registration unit (hereinafter referred to collectively as the inspection agency) in accordance with the responsibilities stipulated in Clauses 2 and 3 of this Article and shall be issued a Certificate of Quality, Safety Technical Standards, and Environmental Protection for Modified Motor Vehicles in the format prescribed in Appendix V attached hereto (hereinafter referred to as the Modification Certificate).

2. The Vietnam Motor Vehicle Registration Agency shall inspect the following contents for modified motor vehicles:

a) Modification to change the steering wheel position of left-hand drive automobiles;

b) Full modification of the driver's cabin, body, and passenger compartment of passenger-carrying vehicles;

c) Modification from used imported trucks without cargo boxes;

d) Fuel supply system modification of motor vehicles (except in cases provided for in Clause 5, Article 6 of this Circular);

đ) Modification of various types of motor vehicles into specialized vehicles.

3. Motor vehicle registration units shall inspect at their units modified motor vehicles outside the contents specified in Clause 2 of this Article.

4. The inspection team for modified motor vehicles consists of inspectors trained by the Vietnam Motor Vehicle Registration Agency on technical standards and regulations related to motor vehicle modifications and representatives of the modification facilities.

5. In cases where the full modification of the driver's cabin, body, and passenger compartment of passenger-carrying vehicles; the installation of new cargo boxes turning trucks into fully enclosed box trucks (with two sides of the cargo box being completely enclosed), refrigerated trucks, and frozen trucks, the modification facility must notify the inspection agency to inspect and approve the structural frame of the body and cargo box according to the design at the modification facility before completion.

6. Content of inspection: The inspection agency bases its inspection on the modification design content of the motor vehicle and the general inspection procedure for modified motor vehicles prescribed in Appendix VI attached hereto.

7. Documents for the inspection of modified motor vehicles include:

a) A request for inspection of modified motor vehicles in the format prescribed in Appendix VII attached hereto;

b) Approved design. For cases exempted from design as stipulated in Clauses 3, 4, and 6 of Article 6 of this Circular, there must be an overall drawing of the modified motor vehicle prepared by the modification facility;

c) Overall photographs taken at approximately 45 degrees from the front and rear angles opposite the modified motor vehicle; detailed photographs of the modified systems and assemblies;

d) Certificate of factory acceptance inspection for modified motor vehicles;

đ) List of new assemblies and systems replaced in the format prescribed in Appendix VIII attached hereto;

e) Certified copies by the modification facility of technical specifications and performance data of the modified motor vehicle and its modified and replaced assemblies and systems, and documentation confirming the origin of the modified assemblies and systems;

g) Quality and safety technical certificates for cranes, tanks carrying dangerous goods, compressed gas tanks, liquefied gas tanks, and other special equipment as prescribed.

8. The inspection of modified motor vehicles must use appropriate testing equipment and tools to check relevant items, systems, and assemblies related to the modification content.

9. The inspection results shall be recorded in a Quality and Safety Technical Inspection Report and Environmental Protection for Modified Motor Vehicles in the format prescribed in Appendix IX attached hereto.

10. For modified motor vehicles of the same brand, model, technical specifications, and manufactured by the same modification facility, the same design can be used, and the inspection shall be conducted by the same inspection agency. The documents for inspecting subsequent products include:

a) A document from the design approval agency agreeing to use the approved design for modification construction;

b) Inspection documents for modification as prescribed in Points a, c, d, đ, e, and point g of Clause 7 of this Article.

Article 11. Issuance of Vehicle Improvement Certificate

1. A vehicle that has been improved and accepted as meeting technical standards and regulations shall be issued a Vehicle Improvement Certificate.

2. The Certificate of Modification includes two copies, issued to the vehicle owner for inspection procedures and license plate registration.

3. The validity period of the Vehicle Improvement Certificate is six months from the date of issuance.

a) In case the owner loses the valid Vehicle Improvement Certificate, they must submit a lost report directly or through postal service or other appropriate means to the acceptance authority for reissue. The acceptance authority will issue a new Vehicle Improvement Certificate immediately upon receipt of the owner's request. The expiry date of the reissued certificate will be the same as the lost certificate.

b) In case the owner loses an expired Vehicle Improvement Certificate, they must submit a lost report to the acceptance authority for reacceptance and issuance of a new Vehicle Improvement Certificate.

c) In case the Vehicle Improvement Certificate has expired, the owner must return the old certificate to the acceptance authority for reacceptance and issuance of a new Vehicle Improvement Certificate.

4. The Vehicle Improvement Certificate is printed from the software management program for vehicle improvement work.

5. Acceptance results, photographs, inspection records, and copies of the Vehicle Improvement Certificate are kept with the vehicle improvement acceptance file at the acceptance authority.

6. Procedures and formalities for acceptance.

a) Organizations and individuals submit one set of vehicle improvement acceptance files in accordance with Clause 7, Article 10 of this Circular to the vehicle improvement acceptance authority;

b) The acceptance authority receives and checks the files: If the file components are incomplete according to the regulations, they guide organizations and individuals to supplement and complete the file on the same working day (for direct submission) or notify and guide to complete the file within two working days (for submission through postal services or other appropriate means);

c) In case the file is complete according to the regulations, the acceptance authority conducts the acceptance of the improved vehicle. If the acceptance result meets the requirements, the Vehicle Improvement Certificate will be issued to organizations and individuals within three working days from the end of the acceptance process. In case of non-issuance, the acceptance authority will notify in writing and specify the reasons to the organization or individual within two working days from the date of acceptance results;

d) Organizations and individuals can submit the file and receive the result directly at the acceptance authority's office or through postal services or other appropriate means.

Chapter IV

IMPLEMENTATION RESPONSIBILITY

Article 12. Responsibilities of the Vietnam Motor Vehicle Inspection Agency

1. Organize, guide, and inspect organizations and individuals in implementing this Circular.

2. Develop, manage, and guide the use of the software management program for vehicle improvement work.

3. Review designs and accept improved vehicles in accordance with this Circular.

4. Compile training materials and organize training on technical standards and regulations in vehicle improvement work for design review officers and vehicle inspectors.

5. Uniformly issue, manage, guide, and inspect the use of blank Vehicle Improvement Certificates and Design Review Certificates for improved vehicles.

6. Summarize the results of vehicle improvement work, report to the Ministry of Transport every six months and annually.

Article 13. Responsibilities of Departments of Transport

1. Review the design for the modification of motor vehicles in accordance with the provisions of this Circular.

2. Guide local design establishments to implement the provisions of this Circular.

3. Use the pre-printed Certificate of Design Review and the software program for managing the modification of motor vehicles in accordance with regulations.

4. Submit reports on the review of motor vehicle design modifications according to the model prescribed in Appendix X issued together with this Circular to the Vietnam Vehicle Inspection Agency before January 1st and July 1st each year.

Article 14. Responsibilities of vehicle inspection units

1. Acceptance and issuance of the Modification Certificate in accordance with the provisions of this Circular.

2. Use the pre-printed Modification Certificate and the software program for managing the modification of motor vehicles in accordance with regulations.

3. Guide vehicle owners to adjust the dimensions of cargo boxes and fuel tanks in accordance with Clause 4, Article 6 of this Circular.

4. Notify in writing the design review authority about the request for re-examination of the design dossier if technical errors are discovered during acceptance.

5. Submit reports on the acceptance of modified motor vehicles according to the model prescribed in Appendix X issued together with this Circular to the Vietnam Vehicle Inspection Agency and the local Department of Transport before January 1st and July 1st each year.

6. Report and provide complete files and data for the inspection of motor vehicle modifications.

Article 15. Fees and Charges

The design review authorities and acceptance agencies shall collect fees and charges in accordance with current regulations when conducting acceptance of modifications.

Article 16. Archiving of Files

1. Design review files shall be stored at the design review authority and destroyed after 20 years, except for the Certificate of Design Review for the modification of motor vehicles.

2. Acceptance files shall be stored at the acceptance agency and destroyed after 20 years, except for copies of the Modification Certificate.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Effective Date

1. This Circular takes effect from March 10, 2015 and replaces Circular No. 29/2012/TT-BGTVT dated July 31, 2012 of the Minister of Transport regarding the modification of road motor vehicles.

2. Certificates of Design Review and Modification Certificates issued prior to the effective date of this Circular remain valid until their expiration date.

3. In cases where the documents, standards, and reference materials referred to in this Circular are amended, supplemented, or replaced, the new versions shall apply.

Article 18. Responsibilities for implementation

The Heads of the Ministry's Office, the Inspectorate, the Department Heads, the General Directors of the Vietnam Highway Administration, the Directors of the Vietnam Vehicle Inspection Agency, the Directors of the Departments of Transport of provinces and centrally governed cities, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular.