Decree No. 95/2009/ND-CP on the service life for cargo trucks and passenger cars

DECREE

Regulations on the service life for cargo trucks and passenger cars

________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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;

Considering the proposal of the Minister of Transport,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the service life for cargo trucks and passenger cars (hereinafter referred to as trucks) participating in traffic on the road system of the Socialist Republic of Vietnam.

Article 2. Applicability

1. This Decree applies to all organizations and individuals using trucks to participate in road traffic, except:

a) Trucks of the military and police serving national defense and security purposes;

b) Passenger cars with up to nine seats (including the driver's seat);

c) Special-purpose trucks (trucks with structure and equipment designed to perform specific functions), trailers, and semi-trailers.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from this Decree, such treaties shall be applied.

Article 3. Explanation of Terms

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

1. The service life of a truck is the permitted period of use of the truck.

2. A cargo truck is a truck with a structure and equipment primarily used for carrying goods (truckloads).

3. A passenger car is a truck with a structure and equipment used for carrying people and accompanying luggage.

Chapter II

SERVICE LIFE OF TRUCKS

Article 4. Provisions on service life

1. Not exceeding 25 years for cargo trucks.

2. Not exceeding 20 years for passenger cars.

3. Not exceeding 17 years for passenger cars converted from other types of vehicles before January 1, 2002.

Article 5. Time of calculation of service life

1. The service life of a truck is calculated starting from the year of manufacture of the truck.

2. Some special cases when allowed

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS INVOLVED IN BANKING SUPERVISION ACTIVITIES

Article 6. Responsibilities of organizations and individuals using trucks to participate in traffic

1. Implement the service life as prescribed in Article 4 of this Decree.

2. Have plans for modernizing means of transport.

Article 7. Responsibilities of state management agencies

1. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of provincial People's Committees shall, based on their functions, tasks, and authorities, be responsible for organizing guidance, inspection, supervision, and handling violations.

2. Inspections and supervisions of organizations and individuals using trucks to participate in traffic must comply with current laws.

Chapter IV

IMPLEMENTING PROVISIONS

Article 8. Effective Date

This Decree takes effect from December 20, 2009, and replaces Government Decree No. 23/2004/NĐ-CP dated January 13, 2004, on regulations regarding the service life of cargo trucks and passenger cars.

Article 9. Responsibility for implementation

1. The Minister of Transport shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.