Circular No. 95/2023/TT-BQP stipulates on the renovation of motor vehicles and special-purpose machines under the management of the Ministry of National Defense.

CIRCULAR

PROVISIONS ON THE RECONSTRUCTION OF MOTOR VEHICLES AND SPECIAL-PURPOSE MOTORCYCLES UNDER THE MANAGEMENT OF THE MINISTRY OF NATIONAL DEFENSE

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. 01/2022/NĐ-CP dated November 30, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the General Department of Technology,

The Minister of National Defense issues this Circular to provide regulations on the reconstruction of motor vehicles and special-purpose motorcycles under the management of the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for the reconstruction of motor vehicles and special-purpose motorcycles under the management of the Ministry of National Defense.

Article 2. Applicability

Agencies, units, organizations related to the reconstruction of motor vehicles and special-purpose motorcycles under the management of the Ministry of National Defense.

Article 3. Explanation of Terms

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

1. Military vehicles include motor vehicles and special-purpose motorcycles.

2. Motor vehicles include automobiles (including chassis automobiles, tractor automobiles, electric automobiles); trailers and semi-trailers (including trailers and semi-trailers equipped with specialized equipment).

a) Cars include passenger cars, transport vehicles, and special-purpose vehicles.

b) Passenger cars are those carrying up to 9 passengers.

c) Transport vehicles are those designed to carry goods or used to tow artillery or equipment.

d) Special-purpose vehicles are those with specific structures suitable for their combat-technical capabilities and functions, including general special-purpose vehicles and military special-purpose vehicles (specialized vehicles).

3. Specialized motor vehicles include military special-purpose motorcycles, construction motorcycles, loading and unloading motorcycles, and other types of special-purpose motorcycles participating in traffic as stipulated in Appendix I attached to this Circular.

4. Reconstruction of military vehicles involves changing the usage function or altering the systems and assemblies of military vehicles. Replacing systems and assemblies with identical models from the same manufacturer (same spare parts code) does not constitute reconstruction.

5. Original vehicle (military vehicle before reconstruction) is a military vehicle without changes to its usage function or systems and assemblies compared to the manufacturer's design.

6. Pre-reconstruction vehicle (military vehicle before reconstruction) is an original vehicle or a military vehicle that has undergone reconstruction.

7. Systems include power transmission system, drive system, suspension system, braking system, steering system, fuel system, electrical system, lighting and signaling system, electro-hydraulic system, automation system, hydraulic system, work system.

8. Assemblies include engine, frame, cab, body or cargo box, specialized equipment.

9. Changing usage function involves altering the current operational capability of military vehicles.

10. Changing systems involves replacing part or all of a system with another system ensuring the combat-technical performance of military vehicles.

11. Changing assemblies involves replacing an assembly with another assembly ensuring the combat-technical performance of military vehicles.

12. Gross weight is the total of the vehicle's own weight and payload.

13. Design review is the examination, inspection, and comparison of design documentation contents with the approved configuration and combat-technical performance, and technical standards and current regulations to ensure the quality, safety, and environmental protection of reconstructed military vehicles.

14. Acceptance of reconstructed military vehicles involves examining, inspecting, and comparing to evaluate the quality, safety, and environmental protection of reconstructed military vehicles according to the approved design documentation.

Chapter II

CONTENTS AND PRINCIPLES FOR THE RECONSTRUCTION OF MILITARY VEHICLES

Article 4. Contents of vehicle modification

1. Changing the usage function of motor vehicles

a) Passenger cars and cargo vehicles modified into specialized vehicles or specialized vehicles modified into other specialized vehicles;

b) Specialized vehicles modified into cargo vehicles or passenger cars;

c) Trailers and semi-trailers modified into specialized trailers or specialized semi-trailers, or specialized trailers and specialized semi-trailers modified into other specialized trailers or specialized semi-trailers;

d) Installation of technical equipment on motor vehicles after improvement and modernization.

2. Replacing the original system or assembly with another system or assembly ensuring the combat-technical performance of the motor vehicle.

Article 5. Contents of motorcycle modification

1. Changing the usage function of specialized motorcycles

a) Modification to change the function of specialized motorcycles from one type to another;

b) Installation of technical equipment on specialized motorcycles after improvement and modernization.

2. Replacing the original system or assembly with another system or assembly ensuring the combat-technical performance of the specialized motorcycle.

Article 6. Principles for military vehicle modification

1. Not replacing the frame but only changing the length or reinforcing the original frame without altering the original vehicle's wheelbase except for trailers and semi-trailers.

2. Each motor vehicle may be modified or changed in terms of the engine and not more than three (3) systems or assemblies out of seven (7) original systems or assemblies, specifically:

a) Power transmission system (clutch, gearbox, drive shaft, main drive axle);

b) Drive system (wheels);

c) Suspension system;

d) Braking system;

đ) Steering system;

e) Cab, cargo box or self-dumping box;

g) Vehicle electrical system (for electric automobiles: Battery storage system (BESS), management system: Charging status indicator, temperature control, electronic converter, motor and control; wiring and connectors; external charging system if equipped; charging port on the vehicle).

3. Each specialized motorcycle may be modified or changed in terms of the engine and not more than four (4) systems or assemblies out of eight (8) original systems or assemblies, specifically:

a) Power transmission system (clutch, gearbox, drive shaft, main drive axle, hydraulic transmission);

b) Drive system (wheels, passive axle, moving motor);

c) Suspension system;

d) Braking system;

đ) Steering system;

e) Electrical, hydraulic, and automated systems;

g) Cab, body;

h) Specialized equipment.

4. Must comply with technical standards, regulations, and laws of the Ministry of National Defense regarding technical quality, safety, environmental protection, and state secrets.

5. The total weight of military vehicles after modification must meet stability and operational safety criteria and provisions of the Road Traffic Law.

6. The width limit of military vehicles after modification shall not exceed the width limit stipulated by the Road Traffic Law.

7. Military vehicles after modification must be registered according to legal provisions.

Chapter III

PROCEDURE AND PROCEDURES FOR MILITARY VEHICLE MODIFICATION

Article 7. Procedure for military vehicle modification

1. Units under the Ministry of National Defense that require military vehicle modification shall develop the configuration and combat-technical performance of the vehicle (in cases of changing combat-technical functions) and submit for approval by the Chief of General Staff.

2. Permit for military vehicle modification.

3. Design for military vehicle modification.

4. Review and approve the design modification documentation for military vehicles.

5. Construction of military vehicle modification.

6. Acceptance of military vehicles.

Article 8. Issuance of Military Vehicle Retrofit Permits

1. The Chief of General Staff shall issue military vehicle retrofit permits for cases specified in Clause 1, Article 4 and Clause 1, Article 5 of this Circular.

2. The Director of the Motor Vehicles Department/General Department of Technical Services shall issue military vehicle retrofit permits for cases specified in Clause 2, Article 4 and Clause 2, Article 5 of this Circular (Military Vehicle Retrofit Permit Form No. 2 attached as Appendix II to this Circular).

3. A military vehicle retrofit permit shall be issued for each individual vehicle or series of vehicles, serving as the basis for technical design, retrofit construction, and registration.

4. Application for Military Vehicle Retrofit Permit

a) The motor vehicle agency under units directly subordinate to the Ministry of National Defense shall be responsible for preparing the application for a military vehicle retrofit permit.

b) For cases specified in Clause 1, Article 4 and Clause 1, Article 5 of this Circular, the application includes: The unit's proposal under the Ministry of National Defense requesting a military vehicle retrofit permit (Form No. 1 attached as Appendix II to this Circular); a copy of the Decision of the Chief of General Staff approving the configuration and combat-technical performance of the vehicle after retrofit; a copy of the origin documentation for the vehicle if it has not been registered, and a copy of the registration certificate if it has been registered, along with a copy of the original documentation for the replaced assembly.

c) For cases specified in Clause 2, Article 4 and Clause 2, Article 5 of this Circular, the application includes: The unit's proposal under the Ministry of National Defense requesting a military vehicle retrofit permit (Form No. 1 attached as Appendix II to this Circular); a copy of the origin documentation for the vehicle if it has not been registered; a copy of the registration certificate if it has been registered, and a copy of the original documentation for the replaced assembly.

Article 9. Military Vehicle Retrofit Design

1. The agency or unit with the function and responsibility for designing military vehicle retrofits, or organizations authorized by competent authorities to engage in the business of designing road motor vehicles, shall be legally accountable to the Ministry of National Defense regarding the content and quality of the military vehicle retrofit design dossier. In cases where technical equipment is installed on military vehicles, such work must be carried out by a design unit under the Ministry of National Defense.

2. Military Vehicle Retrofit Design Dossier

a) Technical drawings presented according to current Vietnamese standards include: Layout drawing of the military vehicle after retrofit; layout drawing of the military vehicle before retrofit for comparison; installation drawing of the replaced assemblies and systems; detailed drawings of components that have been retrofitted or newly manufactured, including technical requirements, manufacturing processes, and materials permitted for use during retrofit and replacement.

b) Calculation explanation covering the following contents: The necessity of retrofitting the vehicle; basic combat-technical characteristics of the military vehicle before and after retrofit; content and steps of the retrofit process; calculation of dynamic and dynamic performance related to the retrofit content; calculation of durability testing and economic efficiency; instructions for using the military vehicle after retrofit; conclusion.

c) Technical acceptance conditions and quality inspection of military vehicles after retrofit.

3. Military vehicles exempt from preparing a retrofit design dossier in the following cases:

a) Training and examination vehicles installing or removing auxiliary brake pedals (auxiliary brake pedals connected to the main brake pedal through mechanical linkage rods);

b) Installing or removing dust covers for the cargo box of dump trucks without changing the cargo box dimensions;

c) Installing or removing cargo compartment covers or luggage compartments for pickup trucks without altering the overall vehicle dimensions.

Article 10. Review and Approval of Military Vehicle Renovation Design Documents

1. The Motor-Cycle Department under the General Department of Technical Services or the agency assigned with the task shall be responsible for reviewing military vehicle renovation design documents in accordance with the provisions of the law; the Director of the Motor-Cycle Department under the General Department of Technical Services shall approve military vehicle renovation design documents.

2. Within fifteen working days from the date of receiving all documents for review and approval of the military vehicle renovation design documents as stipulated in Clause 4 of this Article, the reviewing agency as specified in Clause 1 of this Article must send a review document to the requesting unit.

In cases where military vehicles are renovated from new base models without sufficient technical documentation of the base model, requiring extended time for research, the reviewing agency of the renovation design document must notify in writing the requesting unit, clearly stating the reasons; the extended period shall not exceed ten working days.

3. Military vehicles requiring renovation that have been reviewed and approved by the Vietnam Motor Inspection Agency or Provincial Departments of Transport for their design shall not undergo further review procedures; units with vehicles for renovation must submit the original design review document or certified copies thereof to the Motor-Cycle Department under the General Department of Technical Services.

4. Application Documents for Review and Approval of Military Vehicle Renovation Design Documents

a) For cases stipulated in Clause 1 of Article 4 and Clause 1 of Article 5 of this Circular, the application documents include: A letter from a subordinate unit of the Ministry of National Defense having military vehicles for renovation or a design unit submitting for review and approval of the military vehicle renovation design document (Model No. 3 Appendix II issued together with this Circular); a copy of the Decision approving the configuration and combat-technical performance of the renovated military vehicle by the Chief of the General Staff; a copy of the permit for military vehicle renovation by the Chief of the General Staff and the set of military vehicle renovation design documents;

b) For cases stipulated in Clause 2 of Article 4 and Clause 2 of Article 5 of this Circular, the application documents include: A letter from a subordinate unit of the Ministry of National Defense having military vehicles for renovation or a design unit submitting for review and approval of the military vehicle renovation design document (Model No. 3 Appendix II issued together with this Circular); a copy of the permit for military vehicle renovation by the Director of the Motor-Cycle Department under the General Department of Technical Services; the set of military vehicle renovation design documents.

5. Approved design documents shall be sent to the following agencies:

a) The design unit;

b) The Motor-Cycle Department under the General Department of Technical Services;

c) The motor-cycle agency of the subordinate unit of the Ministry of National Defense;

d) The construction unit carrying out the renovation.

Article 11. Construction and Renovation of Military Vehicles

1. Units and Organizations Constructing and Renovating Military Vehicles

a) An organization with legal personality, registered to operate in the construction and renovation, production, and assembly of road motor vehicles.

b) Units within the Ministry of National Defense with the function and responsibility of constructing and renovating military vehicles.

2. Construction and renovation of military vehicles must comply with the approved design documents.

3. Units and organizations constructing and renovating military vehicles as stipulated in Clause 1 of this Article shall be responsible for the quality of the military vehicles after renovation.

4. The construction and renovation of military vehicles must be carried out in accordance with the provisions of the law on bidding. In cases where technical equipment is installed on military vehicles, such work must be undertaken by units under the Ministry of National Defense.

Article 12. Military Vehicle Acceptance Council for Military Vehicle Renovation

1. The vehicle-motor unit under the Ministry of National Defense shall propose to the Technical Director at the same level to report to the Unit Head to establish a Military Vehicle Acceptance Council for Military Vehicle Renovation at the grassroots level. The composition of the Acceptance Council shall be decided by the Unit Head.

2. The Vehicle-Motor Department / General Department of Technical Services shall establish a Military Vehicle Acceptance Council for Military Vehicle Renovation, inspect technical safety quality and environmental protection, issue a Certificate of Technical Safety Quality and Environmental Protection. The composition of the Acceptance Council shall be decided by the Director of the Vehicle-Motor Department (the composition of the Acceptance Council is specified in Model No. 5 and Model No. 6 in Appendix II issued together with this Circular).

3. Principles of Operation of the Military Vehicle Acceptance Council for Military Vehicle Renovation

a) The Council operates on the principle of collective work, members of the Council participate in opinions, exchange discussions to reach consensus, in cases where there are differing opinions, the decision shall be made by majority vote, in cases where opinions are equal, the decision shall be made according to the side with the opinion of the Chairman of the Council;

b) For products constructed in batches, after the first product has been accepted and meets requirements, the Military Vehicle Acceptance Council of the Vehicle-Motor Department may authorize the grassroots Military Vehicle Acceptance Council to self-inspect the technical safety quality and environmental protection of subsequent products. The acceptance record of the grassroots Military Vehicle Acceptance Council has value for the procedures to issue the Certificate of Technical Safety Quality and Environmental Protection.

Article 13. Procedures and Documentation for Military Vehicle Acceptance for Military Vehicle Renovation

1. Documentation for requesting acceptance of military vehicles for renovation includes:

a) A letter requesting acceptance from the unit under the Ministry of National Defense with renovated vehicles (Model No. 4 in Appendix II issued together with this Circular);

b) A copy of the Decision of the Chief of General Staff approving the configuration and combat-technical performance of the vehicle after renovation (in cases of changes in performance);

c) A copy of the Permit for Military Vehicle Renovation;

d) Design documentation for military vehicle renovation that has been approved;

đ) A copy of the original certificate of the vehicle for vehicles not yet registered (Certificate of Registration for registered vehicles, original certificate of replacement assemblies);

e) Certificate of Factory Quality of the construction facility for renovation;

g) Record of acceptance of the grassroots Military Vehicle Acceptance Council.

2. Record of acceptance of military vehicles for renovation (for motor vehicles according to Model No. 5 in Appendix II, for specialized motorcycles according to Model No. 6 in Appendix II issued together with this Circular) serves as the basis for the Head of the Vehicle-Motor Department / General Department of Technical Services to issue a Certificate of Technical Safety Quality and Environmental Protection for military vehicles for renovation (for motor vehicles according to Model No. 7 in Appendix II, for specialized motorcycles according to Model No. 8 in Appendix II issued together with this Circular).

3. Documentation for acceptance of military vehicles for renovation includes: Documentation for requesting acceptance of military vehicles for renovation as stipulated in Clause 1 of this Article and Record of acceptance of military vehicles for renovation by the Military Vehicle Acceptance Council of the Vehicle-Motor Department as stipulated in Clause 2 of this Article, to be kept by the Vehicle-Motor Department / General Department of Technical Services one set, the vehicle-motor unit under the Ministry of National Defense (unit with renovated vehicles) one set, the construction facility for renovation one set.

Chapter IV

RESPONSIBILITIES OF THE AUTHORITIES, UNITS, AND ORGANIZATIONS INVOLVED

Article 14. Responsibilities of the General Staff Department

1. Approve the configuration and combat-technical features of military vehicles after modification for cases specified in Clause 1 of Article 4 and Clause 1 of Article 5 of this Circular.

2. Issue permits for modification for military vehicles specified in Clause 1 of Article 4 and Clause 1 of Article 5 of this Circular.

Article 15. Responsibilities of the Technical General Department

1. Assist the Minister of National Defense in managing the work of modifying military vehicles.

2. The Vehicle-Motorcycle Department of the Technical General Department

a) Is responsible to the Minister of National Defense and the Director of the Technical General Department for directing, guiding, and organizing the implementation of the work of modifying military vehicles; issuing permits for modification for military vehicles specified in Clause 2 of Article 4 and Clause 2 of Article 5 of this Circular; reviewing and approving design modification files for military vehicles; organizing quality and technical safety inspections and environmental protection; issuing certificates of quality and technical safety and environmental protection for modified military vehicles;

b) Manage and store modification files for military vehicles in accordance with the provisions of the law.

Article 16. Relevant agencies and units

1. Heads of agencies and units under the Ministry of National Defense are responsible for the work of modifying military vehicles of their agencies and units in accordance with the provisions of the law and the Ministry of National Defense.

2. Vehicle-Motorcycle Departments of units under the Ministry of National Defense

a) Assist heads of agencies and units in implementing the work of modifying military vehicles in accordance with the regulations;

b) Are responsible for the legality of the files requesting modification of military vehicles;

c) Strictly comply with directives, guidance, and inspections by the Vehicle-Motorcycle Department of the Technical General Department on the work of modifying military vehicles in accordance with the regulations of the Ministry of National Defense.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Transitional Provisions

1. Military vehicles with design modification files that have been approved before the effective date of this Circular shall continue to be implemented in accordance with Circular No. 01/2011/TT-BQP dated January 10, 2011, issued by the Minister of National Defense regarding the modification of military automobiles.

2. For military vehicles that have been granted permits for modification by competent authorities before the effective date of this Circular, subsequent steps shall be carried out in accordance with the provisions of this Circular.

Article 18. Effective Date

- This Circular takes effect from January 15, 2024, and replaces Circular No. 01/2011/TT-BQP dated January 10, 2011, issued by the Minister of National Defense regarding the modification of military automobiles.

Article 19. Responsibility for Implementation

The Chief of the General Staff, the Director of the Technical General Department, and commanders of relevant agencies, units, and individuals are responsible for enforcing this Circular./.