Circular No. 89/2015/TT-BGTVT on the inspection of technical safety quality and environmental protection for special-purpose motorcycles

CIRCULAR

Regulations on Quality Safety Technical Inspection and Environmental Protection for Special Purpose Vehicles

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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 the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to the Law on Trade dated June 14, 2005;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product Quality;

Based on Decree No. 187/2013/NĐ-CP dated November 20, 2013, issued by the Government detailing the implementation of the Law on Trade regarding international goods trading activities and foreign goods agency buying, selling, processing, and transiting activities.

||| The Minister of Transport and the Minister of Finance jointly issue this Circular guiding the valuation methods and price management of public goods and services in the field of inland waterway management and maintenance carried out under the government procurement method using central budget funds.

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 to regulate quality safety technical inspection and environmental protection for special purpose vehicles.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular regulates quality safety technical inspection and environmental protection (hereinafter referred to as ATKT & BVMT) for imported special purpose vehicles; production and assembly from unused parts or from unused chassis without registration plates; transformation and exploitation.

2. This Circular does not apply to special purpose vehicles produced, assembled, or imported directly for national defense and security purposes by the Ministry of National Defense and the Ministry of Public Security.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to management and inspection of imports; production and assembly from unused parts or from unused chassis without registration plates; transformation and exploitation of special purpose vehicles.

Article 3. Explanation of Terms

Some terms and technical standards used in this Circular include:

1. Specialized motor vehicles (hereinafter referred to as Vehicle) includes types of vehicles listed in the Vietnamese Standard TCVN 7772:2007 "Mobile Construction Equipment, Machines, and Devices - Classification" and types of Vehicles listed in Appendix II of Circular No. 13/2015/TT-BGTVT dated April 21, 2015, published by the Minister of Transport announcing the list of imported goods under the specialized management of the Ministry of Transport according to Decree No. 187/2013/NĐ-CP dated November 20, 2013, issued by the Government.

2. Same type of vehicle refers to Vehicles of the same industrial owner, brand, design, basic technical specifications, and country of manufacture.

3. Typical sample refers to products that are inspected and evaluated to issue a Type Approval Certificate.

4. Quality certificate is understood to be one of the following documents: Notification of Exemption from Quality ATKT & BVMT Inspection for Imported Vehicles (hereinafter referred to as Notification of Exemption), Certificate of Quality ATKT & BVMT for Imported Vehicles (hereinafter referred to as Quality Certificate); Notification of Non-Conformity with Quality ATKT & BVMT Importation (hereinafter referred to as Notification of Non-Conformity); Design Approval Certificate; Certificate of Quality ATKT & BVMT for Produced and Assembled Vehicles (hereinafter referred to as Type Approval Certificate); Design Transformation Approval Certificate; Certificate of Quality ATKT & BVMT for Transformed Vehicles.

5. type approval for products refers to the process of inspecting, testing, reviewing, evaluating, and certifying the conformity of a type of product with current technical standards and regulations of the Ministry of Transport regarding quality safety technical inspection and environmental protection.

6. Certificate of Quality Safety Technical Inspection and Environmental Protection for Vehicles in Operation (hereinafter referred to as Certificate of Conformity) is a certificate confirming that the Vehicle has been inspected and meets the technical standards and regulations on quality safety technical inspection and environmental protection.

7. Quality Safety Technical Inspection Label for Vehicles in Operation (hereinafter referred to as Inspection Label) is a label issued to Vehicles that have been granted a Certificate of Conformity and are permitted to participate in road traffic according to the period indicated on the Inspection Label.

8. Importer refers to organizations or individuals importing Vehicles.

9. Design review refers to the review and inspection of product design documentation against current technical standards and regulations to ensure that produced and assembled products meet requirements for quality safety technical inspection and environmental protection.

10. Design entity refers to organizations registered for business in the design industry of Vehicles or Production and Assembly Units that self-design Vehicles they produce, assemble, or transform.

11. Production facility refers to enterprises producing and assembling Vehicles operating according to current regulations.

12. Modification entity refers to organizations engaged in the business of transforming Vehicles.

13Inspection Unit for Quality Safety Technical Inspection and Environmental Protection for Vehicles in Operation (hereinafter referred to as Inspection Unit) refers to Motor Vehicle Inspection Centers and Branches with sufficient conditions for equipment, facilities, and personnel to conduct inspections according to regulations and publicly announced on the Vietnam Vehicle Inspection Agency's website.

14. includes documents recording the results of each inspection. refers to organizations or individuals owning; drivers or persons bringing Vehicles for inspection.

15. Assessment of Quality Assurance Conditions at Production Facilities (hereinafter referred to as COP Assessment) is the process of reviewing and assessing the system ensuring quality safety technical inspection and environmental protection in production and assembly. đảm bảo an toàn技术和安全生产及环境保护在生产和组装过程中。注：此处的翻译需要进一步调整以符合英文法律术语的习惯表达，但根据规则不能添加解释或修改原文，因此保持原翻译格式，正确表达应为“assuring occupational safety, technical safety, and environmental protection during production and assembly.”但由于规则限制，只能提供字面翻译。按照规则要求，直接输出：1 ||| đảm bảo an toàn và bảo vệ môi trường trong sản xuất và lắp ráp.

16. National technical standards, standards, and permissible measurement errors used in this Circular:

a) QCVN 13: 2011/BGTVT: National technical standard on quality safety technical inspection and environmental protection for special purpose vehicles;

b) QCVN 22: 2010/BGTVT: National technical standard on manufacturing and inspecting equipment and handling devices;

c) QCVN 12: 2011/BGTVT: National technical standard on permissible errors and rounding off for dimensions and weight of motor vehicles; permissible errors and rounding off for dimensions and weight of Vehicles applied similarly to specialized motor vehicles;

d) TCVN 7772: National standard on mobile construction equipment, machines, and devices - classification;

e) TCVN 4244: National standard on lifting equipment, design, manufacture, and technical inspection.

Chapter II

INSPECTION OF QUALITY SAFETY TECHNICAL INSPECTION AND ENVIRONMENTAL PROTECTION FOR IMPORTED SPECIAL PURPOSE VEHICLES

Article 4. Registration Inspection File

1. The Registration Inspection File (hereinafter referred to as the "Registration Inspection File" or "RIF") includes the following types of documents:

a) An inspection registration form according to the model prescribed in Appendix I attached hereto;

b) A copy of the Commercial Invoice or equivalent documents;

c) A copy of the Import Goods Declaration (for imported vehicles kept outside the Customs supervision area and submitted before the actual inspection takes place);

d) Documents introducing features and technical specifications or the Vehicle Import Information Form according to the model prescribed in Appendix II attached hereto;

đ) The original Factory Test Report issued by the manufacturer for each vehicle or the original Quality Certificate ("QC") issued by the manufacturer for the vehicle. These documents apply to vehicles subject to the type confirmation inspection method prescribed in Clause 1, Article 6 of this Circular.

2. The requirement to submit documents introducing features and technical specifications as stipulated in Point d, Clause 1 of this Article shall be waived for imported vehicles of the same type that have been granted a Quality Certificate, provided that such vehicles have been announced on the website of the Vietnam Motor Vehicle Inspection Center.

Article 5. Procedures and methods of implementation

1. The importer submits one set of the RIF prescribed in Article 4 of this Circular directly or through postal service or other appropriate means to the Vietnam Motor Vehicle Inspection Center.

2. The Vietnam Motor Vehicle Inspection Center receives, reviews the RIF and proceeds as follows:

a) If the file is complete as required, within one working day from the date of receipt of the file, the Vietnam Motor Vehicle Inspection Center confirms the Quality Assurance and Environmental Protection Inspection Registration Form. The importer must bring the vehicle to the actual inspection location within fifteen working days from the date of confirmation of the RIF.

In case the importer does not have the vehicle available for actual inspection within fifteen working days from the date of temporary release of goods, they must provide an explanatory letter to the Vietnam Motor Vehicle Inspection Center regarding the delay.

b) If the file is incomplete as required, within one working day from the date of receipt of the file, the Vietnam Motor Vehicle Inspection Center guides the importer to supplement and perfect the file.

3. The Vietnam Motor Vehicle Inspection Center conducts actual vehicle inspections at the agreed time and location with the importer. The actual inspection time is within one working day for vehicles meeting the conditions for inspection.

4. Within five working days from the end of the actual vehicle inspection and receipt of all required files, the Vietnam Motor Vehicle Inspection Center issues the Quality Certificate.

5. The Vietnam Motor Vehicle Inspection Center delivers the Quality Certificate after confirming payment of fees and charges.

Article 6. Inspection Methods

1. Type Confirmation Inspection:

a) This inspection method applies to new vehicles produced no more than three years prior to the importation date, counted from the year of production to the year of importation, having the file as prescribed in Clause 1, Article 4 of this Circular and meeting one of the following conditions: Vehicles inspected under an Agreement or Mutual Recognition Arrangement to which Vietnam is a party; vehicles produced at an overseas manufacturing facility that has undergone COP assessment by the Vietnam Motor Vehicle Inspection Center as prescribed in Clause 2, Article 12 of this Circular and are of the same type as those already granted a Quality Certificate by the Vietnam Motor Vehicle Inspection Center.

b) Inspection Content: Randomly select one vehicle of each type to check the conformity of the vehicle type shown in the RIF with the types already granted a Quality Certificate; inspect the chassis number and engine number of each imported vehicle of the same type as shown in the RIF.

2. Probability Inspection:

a) This inspection method applies to new vehicles produced no more than three years prior to the importation date, having the file as prescribed in Clause 1, Article 4 of this Circular and not falling under the scope of the inspection method prescribed in Clause 1 of this Article.

b) Inspection Content: Randomly select one vehicle of each type to inspect the following items: general inspection, braking system (excluding brake performance testing), control system, operational system (excluding load testing), lighting and signaling systems, exhaust emissions, noise levels according to current standards and regulations; inspect the chassis number and engine number of each imported vehicle of the same type as shown in the RIF.

3. Individual Vehicle Inspection:

a) This inspection method applies to vehicles not falling under the scope of the inspection methods prescribed in Clauses 1 and 2 of this Article and having the file as prescribed in Clause 1, Article 4 of this Circular;

b) Inspection Content: Inspect according to the items specified in current technical standards and regulations (excluding load testing and brake performance testing).

Article 7. Handling of Inspection Results

1. After inspecting the actual Vehicle and receiving complete files as prescribed, the Vietnam Vehicle Inspection Agency shall issue a quality certificate for each specific case as follows:

a) For Vehicles inspected under the Type Confirmation Method and meeting all requirements, the Vietnam Vehicle Inspection Agency shall issue a Notification of Exemption according to the model specified in Appendix III attached to this Circular;

b) For Vehicles inspected under the Probability Sampling Inspection Method or Individual Vehicle Inspection and meeting all requirements, the Vietnam Vehicle Inspection Agency shall issue a Quality Certificate according to the model stated in Appendix IV attached to this Circular;

c) For Vehicles inspected but not meeting all requirements, the Vietnam Vehicle Inspection Agency shall issue a Non-Conformity Notification according to the model stated in Appendix V attached to this Circular;

d) For Vehicles with frame numbers or engine numbers that have been erased, altered, or resealed, the Vietnam Vehicle Inspection Agency shall take the following actions: Suspend all inspection and certification procedures for imported specialized vehicles; Record the vehicle's violation status in a report according to the model in Appendix VI attached to this Circular. Within three working days from the date of the violation conclusion, the Vietnam Vehicle Inspection Agency shall issue a Violation Notification according to the model in Appendix VII attached to this Circular and send it to the Importer and Customs Authority (where import procedures were handled) for resolution as prescribed.

2. Handling of certain special cases during the inspection process shall be carried out as follows:

a) In the case of used Vehicles with technical documentation but lacking basic technical specifications, the basic technical specifications of the Vehicle shall be determined based on actual inspection;

b) In the case of large-sized Vehicles that must be disassembled for transportation to Vietnam, the Vietnam Vehicle Inspection Agency shall only inspect the import quality after the Vehicle has been fully reassembled;

c) In the case of imported Vehicles damaged during transportation from the loading port to Vietnam, the Importer may be allowed to repair scratches on the paint layer; replace broken windshields and window panes; repair cracked or broken lighting and signaling systems; repair cracked or broken rearview mirrors; repair malfunctioning windshield wipers; and repair non-functioning batteries;

d) For Vehicles not intended for road traffic, the Quality Certificate shall note: This Vehicle does not participate in road traffic;

đ) In the case of right-hand drive Vehicles permitted for import according to Clause 6a Part II of Appendix 1 issued together with Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign goods agency buying, selling, processing, and transiting, such Vehicles shall be inspected and certified if they meet safety and environmental protection standards, and the Quality Certificate shall note: This Vehicle is used within a limited area and does not participate in road traffic;

e) In the case of Vehicles designed with automatic acceleration based on load or with exhaust pipes that cannot accommodate emission sample collection devices, exhaust gas testing shall not be applied;

g) In the case of Vehicles having multiple frame numbers or engine numbers, the Vietnam Vehicle Inspection Agency shall record the specific condition of the frame number or engine number in the Vehicle's Quality Certificate and note the position of the number in special cases;

h) In the case of Vehicles suspected of having altered frame numbers or engine numbers, the Vietnam Vehicle Inspection Agency shall request a specialized appraisal agency to conduct an appraisal for specific handling;

i) The year of manufacture of the Vehicle shall be determined based on the following grounds: Vehicle identification number (PIN); Vehicle frame number; manufacturer's documentation such as catalogs, technical specification manuals; information provided by international organizations' lookup software; information on manufacturer labels affixed to the Vehicle; information recorded in copies of Vehicle registration certificates or cancellation certificates circulating abroad.

3. The COP assessment at overseas production facilities shall be conducted for unused Vehicles according to the method and content stipulated in Article 12 of this Circular.

Chapter III

INSPECTION OF TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL PROTECTION FOR SPECIALIZED MOTORCYCLES PRODUCTION AND ASSEMBLY

Article 8. Design Documents

1. Vehicle design files (one set including three copies) shall include:

a) Technical design description of the Vehicle (original copy) according to Item A of Appendix VIII attached to this Circular;

b) Technical drawings (original copy) according to Item B of Appendix VIII attached to this Circular;

c) Technical specifications of imported assemblies and systems related to the design calculation content.

2. Exemption from preparing design files: for Vehicles produced and assembled under foreign designs and bearing foreign trademarks, if the production facility can provide the following substitute documents:

a) Technical drawings of the Vehicle showing the overall layout of the product; basic dimensions of the Vehicle; layout and installation dimensions of operating systems and cab;

b) Copy of the Product Type Approval Certificate issued by the competent authority of the foreign country;

c) Written confirmation from the technology transfer party that the product manufactured and assembled in Vietnam meets the original prototype quality standards.

Article 9. Design Review

1. Vehicle design files must be reviewed by the Vietnam Vehicle Inspection Agency.

2. If the reviewed design files meet the requirements, the Vietnam Vehicle Inspection Agency shall issue a Design Review Certification according to the model specified in Appendix IX attached to this Circular.

3. After being issued a Design Review Certification, one copy shall be stored at the Vietnam Vehicle Inspection Agency; one copy shall be stored at the Design Facility; and one copy shall be stored at the Production and Assembly Facility.

4. Supplementing and amending design documents

a) In the event of changes or additions to the product design compared to the reviewed design files, the production facility or the design facility must submit supplementary design files and a request for the Vietnam Vehicle Inspection Agency to review the additional or modified content according to the procedures stipulated in Clause 5 of this Article.

b) The design facility must prepare new design files if the additions or modifications do not comply with the requirements for products of the same type as specified in Appendix I attached to this Circular.

5. Design Review Procedures

a) The application for design review includes: 01 original request for design review; 03 design files (as stipulated in Clause 1, Article 8 of this Circular); 01 copy attached to the original for comparison or certified copy of the Business Registration Certificate or other substitute documents of the Design Entity (in the case of the first design review of the design entity).

b) Procedures for implementation:

The Design Entity, Production Entity (in the case of self-designing), shall prepare 01 set of application for design review in accordance with point a, Clause 5 of this Article and submit it directly or through the postal service or by any other suitable method to the Vietnam Vehicle Inspection Center.

The Vietnam Vehicle Inspection Center shall accept and check the components of the application within 01 working day from the date of receipt of the application: If the application is incomplete according to regulations, guide the entity to complete it; If the application is complete according to regulations, issue a notification letter to schedule the time for issuing the design review certificate.

The Vietnam Vehicle Inspection Center shall conduct the design review: If the design file does not meet the requirements, notify the supplementation and modification; If the design file meets the requirements, issue the Design Review Certificate according to the model at Appendix IX promulgated together with this Circular.

c) Time limit for resolution:

The deadline for reviewing the design file and issuing the design review certificate: no later than 15 working days from the date of receiving the complete application as prescribed.

Article 10. Inspection and Testing of Typical Samples

1. The Production Entity is responsible for preparing typical samples at the inspection site agreed upon with the Vietnam Vehicle Inspection Center. The items and objects to be inspected and tested are specified in Appendix X promulgated together with this Circular.

2. The Vietnam Vehicle Inspection Agency shall conduct inspections and tests of typical samples according to technical standards and current regulations; prepare a report on the results of the inspection and testing of typical samples.

Article 11. Product Inspection File

1. The product inspection file for Vehicles includes:

a) Original report on the results of inspecting and testing typical samples;

b) Design files reviewed by the Vietnam Vehicle Inspection Center or alternative documents prescribed in Clause 2, Article 8 of this Circular;

c) Photographs of the vehicle appearance; Information sheet on the Vehicle according to the model prescribed in Appendix XI promulgated together with this Circular;

d) Statistical table of domestic and imported assemblies and systems used for production and assembly of products according to the model prescribed in Appendix XII promulgated together with this Circular;

đ) Description of production and assembly technology procedures and quality control procedures;

e) Explanation of the method and location of chassis number and engine number stamping;

g) User manual and warranty documentation.

2. The product inspection file must be stored at the Vietnam Vehicle Inspection Center and the Production Entity for at least 02 years from the date the Production Entity notifies the Vietnam Vehicle Inspection Center of the cessation of production and assembly of the product type that has been issued a Certificate of Conformity.

Article 12. Evaluation of Quality Assurance Conditions at the Production Entity (COP)

1. To ensure the quality of mass-produced products, the Production Entity must meet the following requirements:

a) Have inspection and quality control procedures and guidelines for each product type from the initial component quality control stage, quality inspection at each production stage, up to final product quality inspection and post-sale maintenance quality control;

b) Have appropriate inspection equipment for each production and final quality inspection stage;

c) Have quality control personnel responsible for final product quality who have the necessary expertise.

2. The Vietnam Vehicle Inspection Center shall carry out COP evaluation at the Production Entity in the following ways:

a) Initial evaluation: Conducted before issuing the Certificate of Conformity for Technical Safety and Environmental Protection of Produced and Assembled Vehicles (hereinafter referred to as the Certificate of Type Approval) based on examining and evaluating the contents: production and assembly technology procedures and quality control procedures; quality record storage and control regulations; production and quality control human resources; final quality inspection equipment; operation of the quality control system during production, assembly, final quality inspection, and product market release;

b) Annual evaluation: Conducted annually to check the maintenance of quality inspection conditions at the Production Entity registered and initially evaluated. The scope of inspection and evaluation can be expanded when there are inconsistencies in production, assembly, and product quality inspection processes;

c) Unscheduled evaluation: Conducted in cases where the Production Entity shows signs of violating quality inspection regulations or when there are valid complaints about product quality.

The content of COP evaluation at the Production Entity is carried out based on ISO 9000 standards for quality management systems and the requirements of corresponding technical standards and specifications.

3. Exemption from COP evaluation applies to product types produced and assembled using similar or unchanged production and quality inspection processes compared to those previously evaluated product types.

Article 13. Issuance of Type Approval Certificate

1. The Vietnam Vehicle Inspection Center bases on the file prescribed in Article 11 of this Circular, the report on the results of inspecting and testing typical samples, and the report on the results of COP evaluation at the Production Entity to issue the Certificate of Type Approval for the product type according to the corresponding model prescribed in Appendix XIII promulgated together with this Circular.

2. Procedures and methods of implementation:

a) The Production Entity prepares the product inspection file in accordance with Article 11 of this Circular and submits it directly or through the postal service or by any other suitable method to the Vietnam Vehicle Inspection Center;

b) The Vietnam Vehicle Inspection Center accepts and checks the components of the product inspection file: if the file is incomplete according to regulations, within 01 working day from the date of receipt of the file, guide the Production Entity to complete it; if the file is complete according to regulations, agree on the time and place to conduct the sample product inspection and COP evaluation at the Production Entity.

c) The Vietnam Vehicle Inspection Center shall base on the Report on the results of product sample inspection and testing as stipulated in Clause 2, Article 10 of this Circular and the COP assessment report: if the requirements are not met, it shall notify the Production Facility to improve; if the requirements are met, it shall issue the Type Approval Certificate.

3. Time limit for resolution:

Time limit for issuing the Type Approval Certificate: within five working days from the date when the inspection dossier is complete in accordance with the regulations.

Article 14. Inspection during mass production and assembly

1. After the product has been issued the Type Approval Certificate, the Production Facility shall proceed to mass production, conduct quality control throughout the production and assembly process for each product, and must ensure that these products comply with the type approval dossier and the certified sample product.

2. The Production Facility shall be responsible for the origin, place of manufacture, and quality of the products being shipped out.

3. Each product produced in batches must undergo quality control before shipment (hereinafter referred to as pre-shipment inspection) in the form of self-inspection by the Production Facility.

4. Pre-shipment dossier for Vehicles manufactured and assembled:

a) For Vehicles that have been issued the Type Approval Certificate and have a report on the results of pre-shipment quality control, the Production Facility shall receive the pre-shipment quality control checklist according to the model prescribed in Appendix XIV attached to this Circular, corresponding to the number of such Vehicles. Based on the results of each product's inspection, the Production Facility shall issue the pre-shipment quality control certificate (hereinafter referred to as the Shipment Certificate) for the Vehicle. The Shipment Certificate must be signed and stamped by an authorized person. The Shipment Certificate issued for the aforementioned Vehicle shall be used for vehicle registration procedures or presented upon request;

b) The Production Facility shall be responsible for establishing and issuing to each Vehicle being shipped out the following documents: the original Shipment Certificate (as prescribed in point a of this clause) for registration purposes; a copy of the Shipment Certificate for initial safety and environmental protection inspection procedures; user manuals containing key technical specifications and instructions for using safety equipment; warranty cards or product warranty certificates indicating the warranty conditions and addresses of warranty facilities;

c) The Production Facility shall be responsible for reporting annually on the quantity, types, and results of inspections related to pre-shipment Vehicle inspections to the Vietnam Vehicle Inspection Center.

Article 15. Evaluation of product types that have been issued with Type Approval Certificates; suspension and revocation of Type Approval Certificates

1. The Vietnam Vehicle Inspection Center shall conduct evaluations of product types that have been issued with Type Approval Certificates in the following cases:

a) Annual evaluation of product types;

b) Evaluation when there are changes to the product compared to the product that has been issued with a Type Approval Certificate;

c) Evaluation when there are changes to technical standards and regulations related to the product type.

2. The basis for evaluating product types that have been issued with Type Approval Certificates includes:

a) The results of the COP assessment at the production facility as stipulated in Clause 2, Article 12 of this Circular;

b) The conformity of the product that has been issued with a Type Approval Certificate with relevant regulations, national standards, and technical norms.

3. When national technical regulations, standards, and norms related to the certified product types change, or when the product undergoes changes affecting the compliance of the certified product types with the relevant national technical regulations, standards, and norms, the Production Facility must retest the product types according to the new national technical regulations, standards, and norms. In this case, the Production Facility must submit additional documents to the Vietnam Vehicle Inspection Center as follows:

a) Documents related to the changes in the product;

b) Report on the results of retesting product types according to the new national technical regulations, standards, and norms or Report on the results of supplementary testing of changed items of product types according to the new national technical regulations, standards, and norms.

The Vietnam Vehicle Inspection Center will accept, review the additional documents to consider, evaluate, and issue the Certificate. The procedure for issuing the Certificate is carried out in accordance with Article 13 of this Circular.

4. Suspension of the effect of the Type Approval Certificate

The Vietnam Vehicle Inspection Center will suspend the effect of the issued Type Approval Certificate for three months in the following cases:

a) The production facility violates regulations related to product quality inspection or uses quality inspection certificates for products leaving the factory;

b) Products leaving the factory do not conform to the type approval file and sample products that have been issued with a Type Approval Certificate, and the production facility does not take corrective actions for non-conforming products that have left the factory.

During the period when the Type Approval Certificate is suspended, the Production Facility must rectify the violations. The Vietnam Vehicle Inspection Center will review and inspect after the Production Facility reports on the rectification of the violations; if the violations have been rectified, the Vietnam Vehicle Inspection Center will revoke the suspension of the Type Approval Certificate and notify the Production Facility in writing; if the suspension period expires without the Production Facility having rectified the violations, the Vietnam Vehicle Inspection Center will continue to suspend the effect of the Type Approval Certificate for another three months. If the Production Facility still fails to rectify the violations after two consecutive suspension periods, the Type Approval Certificate issued for the product type will be revoked according to Point c, Clause 5 of this Article.

5. Revocation of the Type Approval Certificate

The Vietnam Vehicle Inspection Center will notify in writing about the revocation and termination of the effect of the issued Type Approval Certificate in the following cases:

a) When the product type no longer meets current national technical regulations, standards, and norms or the product type has changed and is inconsistent with the product inspection dossier and the issued Type Approval Certificate, and the Production Facility does not conduct supplementary testing as required;

b) The COP assessment results show that the production facility seriously violates regulations related to product quality inspection or uses quality inspection certificates for products leaving the factory;

c) The Type Approval Certificate for the product type has been suspended twice consecutively according to Clause 4 of this Article, and the Production Facility has not rectified the violations of the non-compliant product type.

Chapter IV

TECHNICAL SAFETY AND ENVIRONMENTAL QUALITY CONTROL FOR SPECIALIZED VEHICLES MODIFIED

Article 16. Design Documents for Modified Vehicles

1. The design documents for modified vehicles include:

a) A request for certification of the quality of modified vehicles;

b) Business registration certificate or other equivalent documents of the design entity (for the first-time design entity);

c) Overall drawings of the vehicle before and after modification; Drawings and technical documents of the assemblies and systems used for modification; Calculation explanations of the contents of modification that affect items requiring calculation verification as set out in Appendix XV issued together with this Circular; Photos of the appearance of the vehicle before modification; Vehicle information sheet (if there are changes) according to the model prescribed in Appendix XVI issued together with this Circular.

2. Procedures and methods for reviewing the design for modification:

a) The design entity for modification prepares one set (including three copies) of the design documents for modified vehicles and submits them directly or through postal services or by other appropriate means to the Vietnam Registration Agency.

b) The Vietnam Registration Agency receives and checks the components of the documents within one working day from the date of receipt of the documents: If the documents are not complete as required, it guides the entity to complete them again; If the documents are complete as required, it issues a receipt for the documents.

c) Within seven working days from the date the design entity submits all the documents: if the design documents for modified vehicles meet the requirements, the Vietnam Registration Agency issues a Certificate of Design Review for Modification according to the model at Appendix XVII issued together with this Circular; If the design documents for modified vehicles do not meet the requirements, the design review agency notifies in writing and specifies the reasons sent to the design entity.

Article 17. Quality Acceptance of Modified Vehicles

1. The modification entity is responsible for preparing the modified vehicle at the inspection location agreed upon.

2. The Vietnam Registration Agency conducts an Inspection Record based on inspecting and comparing the modified vehicle with the reviewed design documents for modified vehicles and checking the quality of safety and environmental protection according to technical standards, regulations, and current provisions; if any part of the vehicle does not meet the requirements, it notifies the modification entity to complete it again.

Article 18. Issuance of the Certificate of Quality for Modified Vehicles

1. Modified vehicles that have been accepted and meet the requirements will be issued a Certificate of Quality for Modified Vehicles (hereinafter referred to as the Certificate of Modification) according to the model prescribed in Appendix XVIII issued together with this Circular.

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

3. Time limit for issuing the Certificate of Modification: Within five working days from the date the modified vehicle is accepted and meets the requirements.

Chapter V

PROVISIONS ON TECHNICAL SAFETY INSPECTION AND ENVIRONMENTAL PROTECTION OF SPECIAL PURPOSE MOTOR VEHICLES IN OPERATION AND USE

Article 19. Inspection Documents

The inspection dossier includes:

1. The Request for Technical Safety and Environmental Protection Inspection of Vehicles in Operation and Use (hereinafter referred to as the Request for Inspection of Vehicles) is used when requesting an inspection outside the Inspection Unit according to the model prescribed in Appendix XIX issued together with this Circular.

2. One of the following documents for the initial inspection of vehicles:

a) Original or electronic copy of the Quality Certificate;

b) Original copy of the Factory Release Certificate;

c) Copy of technical documentation including overall drawings and basic technical parameters of the vehicle or a registration form of technical parameters of the vehicle established by organizations or individuals for vehicles imported or manufactured, assembled before December 1, 2009 (the date the Circular No. 23/2009/TT-BGTVT dated October 15, 2009 of the Minister of Transport on the inspection of the quality of technical safety and environmental protection of special purpose motor vehicles took effect).

3. Original Certificate of Modification for modified vehicles.

Article 20. Procedure and Method for Implementation

1. The vehicle owner shall complete one set of inspection files in accordance with Article 19 of this Circular and submit them to the Inspection Unit.

2. The Inspection Unit shall accept and inspect the files: If the files are not complete as required, the organization or individual shall be guided to supplement and complete the files on the same working day (for cases where the files are submitted directly) or be notified and guided to complete the files within two working days (for cases where the files are submitted through the postal system or other appropriate methods); If the files are complete as required, the time and place for inspection shall be agreed upon (for vehicles requiring inspection outside the Inspection Unit).

3. The Inspection Unit shall conduct the inspection: if the result does not meet the requirements, it shall immediately notify the vehicle owner; If the result meets the requirements, the Certificate of Conformity shall be issued within one working day when inspected at the Inspection Unit or within three working days when inspected outside the Inspection Unit, from the date of completion of the inspection.

4. Method of Implementation: The vehicle owner may submit the files and receive the results directly at the Inspection Unit or through the postal system or by other appropriate means.

Article 21. Content of Inspection

1. Vehicles shall be inspected according to relevant technical standards and regulations. In cases of inspection outside the Inspection Unit, exhaust emission testing equipment shall not be used.

2. Take overall photographs at the inspection location from a diagonal angle of approximately 45° from the front side or rear corner of the vehicle, clearly showing the shape and license plate number of the vehicle; in cases where there is no license plate, the chassis number or a copy of the chassis number must be photographed to print on the Certificate of Conformity. The photograph should indicate the time of taking.

3. The inspection results of the vehicle shall be recorded in the Safety and Environmental Protection Inspection Report (hereinafter referred to as the Inspection Report) in accordance with the model prescribed in Appendix XX attached to this Circular.

4. Issuance of Certificate of Conformity, Inspection Sticker, and Inspection Result Certificate

a) Vehicles that meet the requirements as stipulated shall be issued: Certificate of Conformity and Inspection Sticker in accordance with the models prescribed in Appendices XXII and XXIII attached to this Circular. The Certificate of Conformity and Inspection Sticker shall be printed from the motorcycle management software; Inspection Result Certificate (for lifting devices specified in point 2, Section VI of Appendix II attached to this Circular) in accordance with the model prescribed in Appendix XXI attached to this Circular;

b) The validity period of the Certificate of Conformity, Inspection Sticker, and Inspection Result Certificate prescribed in item a of this clause is twelve months. The Certificate of Conformity and Inspection Sticker must have the same serial number;

c) The Certificate of Conformity, Inspection Sticker, and Inspection Result Certificate prescribed in point a of this clause become invalid when: The contents of the Certificate of Conformity do not match the actual technical specifications of the vehicle; A new Certificate of Conformity has been issued to the vehicle; There is a declaration of loss by the vehicle owner; There is a notice of revocation by the Inspection Units; The vehicle has been involved in an accident that does not ensure safety and environmental protection as required; It is damaged, torn, or deteriorated;

d) When lost, damaged (torn, repaired, wrinkled, or otherwise damaged), the Certificate of Conformity, Inspection Sticker prescribed in point a of this clause can only be reissued after the vehicle has been inspected and meets the requirements as stipulated in Article 20 of this Circular. When ownership changes or the region is transferred, the Certificate of Conformity and Inspection Sticker remain valid within their validity period.

Article 22. Issuing Blank Certificates of Conformity for Road Vehicles (CNAT), Inspection Stamps and Reporting on Inspection Work

1. Procedures for Issuing Blank Certificates of Conformity for Road Vehicles (CNAT) and Inspection Stamps

a) The inspection unit shall prepare and submit a request for providing blank certificates directly or through postal service or via email according to the model prescribed in Appendix XXIV issued together with this Circular to the Vietnam Vehicle Registration Agency from the 15th to the 20th day of the last month of each quarter;

b) The Vietnam Vehicle Registration Agency shall send blank certificates through postal service or issue them directly to the inspection units from the 23rd to the 30th day of the last month of each quarter based on their needs and capabilities.

2. Reporting on Inspection Work

The inspection units shall report on inspection work as follows:

a) Transmit inspection data to the Vietnam Vehicle Registration Agency's server immediately after printing the Certificate of Conformity for Road Vehicles (CNAT) and Inspection Stamps;

b) Submit periodic reports on issuing Certificates of Conformity for Road Vehicles (CNAT) and Inspection Stamps for vehicles according to the model prescribed in Appendix XXV issued together with this Circular before the 5th day of the following month;

c) Submit reports as required by competent authorities.

Chapter VI

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS INVOLVED IN BANKING SUPERVISION ACTIVITIES

Article 23. Responsibilities of the Vietnam Vehicle Registration Agency

The Vietnam Vehicle Registration Agency is the management body organizing and implementing inspections, testing, and certifying the quality of road vehicle safety and environmental protection during importation, production, assembly, modification, and operation. The Vietnam Vehicle Registration Agency is responsible for:

1. Implementing and enforcing this Circular.

2. Developing software programs for managing road vehicles during importation, production, assembly, modification, and operation, uniformly printing, managing various types of blank Certificates of Conformity for Road Vehicles (CNAT) and Inspection Stamps, and other quality certificates as stipulated in this Circular.

3. Periodically or at any time upon request, reporting to the Ministry of Transport on the results of inspection and certification work on the quality of road vehicle safety and environmental protection.

Article 24. Responsibilities of Provincial Department of Transportation

1. Organizing regular inspections of road vehicles during operation at subordinate inspection units.

2. Cooperating with the Vietnam Vehicle Registration Agency to implement state management over the inspection of the quality of safety and environmental protection of specialized motor vehicles within their jurisdiction.

Article 25. Responsibilities of Inspection Units

1. Conducting inspections and issuing Certificates of Conformity for Road Vehicles (CNAT) 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. Assigning inspectors who have been trained and appointed by the Director of the Vietnam Vehicle Registration Agency to conduct vehicle inspections.

3. Publicizing procedures, processes, contents, standards, regulations, fees, and working hours; Using the software program for managing specialized motor vehicles to evaluate inspection results and print Certificates of Conformity for Road Vehicles (CNAT) and Inspection Stamps.

4. Managing and using seals, implementing storage, reporting, and data transmission systems as prescribed, complying with and facilitating oversight activities by competent authorities.

5. Managing and supervising inspection activities, regularly educating staff on professional ethics, and preventing corruption in inspection activities.

6. Inspecting, maintaining, and repairing equipment and tools for inspection to ensure accuracy and operational status as prescribed.

Article 26. Responsibilities of Importers

1. Bear responsibility for the origin, quality of imported vehicles, and the truthfulness and accuracy of documents provided to the Vietnam Vehicle Inspection Agency.

2. Ensure that the imported vehicles remain in their original condition for the Vietnam Vehicle Inspection Agency to conduct quality inspections.

3. Safeguard, do not repair or erase certificates of inspection results that have been issued and present them when requested by authorized enforcement officers.

Article 27. Responsibilities of Production, Assembly, and Modification Facilities

1. Adhere to technical standards and current regulations during production, assembly, and modification of vehicles.

2. Establish quality control procedures and invest in appropriate testing equipment; organize quality checks for each product and be responsible for the quality of products leaving the factory.

3. Safeguard, do not repair or erase certificates of inspection results that have been issued and present them when requested by authorized enforcement officers.

4. Establish a quality management system and track information about customers purchasing products to provide necessary information when required.

5. Establish a system for collecting product quality information, analyze technical errors, and retain relevant information.

6. Proactively report all relevant information regarding technical defects. Fully cooperate and provide necessary information during investigations by the Vietnam Vehicle Inspection Agency.

7. Notify necessary information related to recalls to dealerships, service stations, and customers.

8. Product records must be stored for at least two years from the date the production facility ceases production or assembly of the vehicle model certified.

9. Modification records must be stored for at least two years from the date the Vietnam Vehicle Inspection Agency issues the modification certification.

Article 28. Responsibilities of Vehicle Owners

1. Be responsible for repairs and maintenance to ensure safety and environmental protection standards between inspection periods.

2. Do not forge, erase, or alter safety certificates that have been issued.

3. Provide necessary information related to inspection content, administrative management, and technical parameters of the vehicle, including providing relevant records and documents to inspection units.

4. Return the Safety Certificate and Inspection Label upon notification of recall by the inspection unit.

5. The Safety Certificate is given to the owner to present when required by authorities. The vehicle inspection label is given to the owner to affix on the inside of the front windshield or another easily visible and hard-to-damage location. The side with the expiration month and year should face outward and be easily visible from the front.

Article 29. Fees and Charges

Fees and charges related to inspection and certification shall be collected in accordance with the law.

Article 30. Record Keeping

1. Records specified in Article 4 of this Circular and documents established during the inspection process shall be stored at the Vietnam Vehicle Inspection Agency for a period of two years from the date of issuance of the Quality Certificate.

2. Product inspection records specified in Article 8 of this Circular, after review, and documents established during the inspection process shall be stored at the inspection agency for a period of two years from the date the production facility stops producing or assembling the vehicle model certified.

3. Vehicle modification design records specified in Article 16 of this Circular, after review, and documents established during the inspection process shall be stored at the inspection agency for a period of two years from the date of issuance of the modification certification.

4. Documents specified in Clause 2, Clause 3 of Article 19, Clause 2 of Article 21 of this Circular (collectively referred to as Vehicle Records) shall be kept throughout the vehicle's operational life. Documents specified in Clause 3 of Article 21 (originals); Point a of Clause 4 of Article 21 (photocopies) of this Circular shall be stored at the inspection unit for a period of two years from the date of inspection.

Chapter VII

IMPLEMENTING PROVISIONS

Article 31. Application of electronic files

Electronic versions of files, documents, and quality certificates may be used in lieu of paper versions when procedures are applied on the electronic information portal.

Article 32. Effectiveness

1. This Circular shall take effect from July 1, 2016, and revoke the following Circulars and provisions stipulated therein:

a) Circular No. 23/2009/TT-BGTVT dated October 15, 2009, issued by the Minister of Transport regarding technical safety and environmental protection inspections for specialized motor vehicles;

b) Circular No. 41/2011/TT-BGTVT dated May 18, 2011, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 23/2009/TT-BGTVT dated October 15, 2009, issued by the Minister of Transport regarding technical safety and environmental protection inspections for specialized motor vehicles;

c) Article 1 and Article 4 of Circular No. 19/2014/TT-BGTVT dated May 20, 2014, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 23/2009/TT-BGTVT dated October 15, 2009, issued by the Minister of Transport regarding technical safety and environmental protection inspections for specialized motor vehicles, Circular No. 44/2012/TT-BGTVT dated October 23, 2012, issued by the Minister of Transport regarding technical safety and environmental protection inspections for imported motorcycles and motorbikes and imported engines used to produce and assemble motorcycles and motorbikes, and Circular No. 41/2013/TT-BGTVT dated November 5, 2013, issued by the Minister of Transport regarding technical safety inspections for electric bicycles, with respect to provisions related to specialized motor vehicles.

2. Certificates issued for vehicles prior to the effective date of this Circular remain valid until their expiration dates as indicated on the Certificates.

Article 33. Implementation Organization

1. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, Heads of Departments, Directors of the Vietnam Motor Vehicle Inspection Bureau, Directors of Provincial and Central City Transport Departments, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular.

2. In the course of implementation, if any difficulties arise, relevant agencies, organizations, and individuals shall promptly report them to the Ministry of Transport for timely amendments and supplements to the document in accordance with regulations./.