Circular No. 99/2023/TT-BQP stipulates on technical safety inspection and environmental protection for motor vehicles within the Ministry of National Defense.

CIRCULAR

PROVISIONS ON TECHNICAL SAFETY INSPECTION AND ENVIRONMENTAL PROTECTION OF MOTOR VEHICLES IN 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 technical safety inspection and environmental protection of motor vehicles for agencies, units, and enterprises under the management of the Ministry of National Defense used for national defense and security purposes.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to military vehicle technical safety inspection centers and stations; agencies, units, and enterprises under the management of the Ministry of National Defense, organizations, and individuals related to the technical safety inspection and environmental protection of motor vehicles within the Ministry of National Defense.

Article 2. Applicability

Enterprises under the management of the Ministry of National Defense (hereinafter referred to as enterprises)

Article 3. Explanation of Terms

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

1. are enterprises directly serving national defense and security or enterprises combining economic activities with national defense and security as stipulated in Decree No. 16/2023/NĐ-CP dated April 25, 2023 of the Government on the organization of management and operation of enterprises directly serving national defense and security and enterprises combining economic activities with national defense and security; amending the provisions at point g clause 1 Article 23 of Decree No. 47/2021/NĐ-CP dated April 1, 2021 of the Government detailing certain provisions of the Enterprise Law. Military motor vehicles

2. are motor vehicles equipped for agencies, units, and enterprises, registered, managed, and used directly by the Ministry of National Defense for national defense and security purposes. Motor vehicles of enterprises

3. are motor vehicles used for national defense and security purposes not falling under the category of military motor vehicles as defined in Clause 2 of this Article. is the alteration of usage characteristics or the modification of systems and assemblies of motor vehicles.

4. Modification of motor vehicles Inspection facility

5. are military vehicle technical safety inspection centers established by Decision of the Chief of the General Staff of the Vietnam People's Army. Technical safety inspection and environmental protection of motor vehicles (hereinafter referred to as inspection)

6. is the initial and periodic examination and evaluation of the technical safety and environmental protection status of motor vehicles according to national standards, regulations, and those of the Ministry of National Defense. Inspection cycle

7. is the period measured in months between two inspections. Inspection certificate

8. is the confirmation document of the results of the technical safety inspection and environmental protection of each motor vehicle during the inspection. Certificate of technical safety and environmental protection of motor vehicles (hereinafter referred to as the Inspection Certificate)

9. is the confirmation document that the motor vehicle has been inspected and meets the national standards, regulations, and those of the Ministry of National Defense regarding technical safety and environmental protection, and is eligible to participate in road traffic. Technical safety inspection and environmental protection label of motor vehicles (hereinafter referred to as the Inspection Label)

10. is the emblem issued by inspection facilities, affixed to motor vehicles after being granted the Inspection Certificate and permitted to participate in road traffic according to the validity period indicated on the Inspection Label. Inspection facility commander

11. is the director, deputy director of inspection centers; station chief of inspection stations under the Ministry of National Defense. Inspector

12. is a person with adequate qualifications, skills, and experience trained (trained) and certified with an Inspector Certificate, Inspector Card according to the regulations of the State, the Ministry of National Defense to perform part or all of the motor vehicle inspection tasks. is a person who possesses the necessary qualifications, skills, and experience trained (educated) to be issued a Certificate, Inspection Card in accordance with the provisions of the State and the Ministry of National Defense to carry out part or all of the inspection of motor vehicles.

13. Chapter Program for Management and Certification is a software system established by the Motor Vehicle Department under the General Department of Technical Services to manage certification database and oversee motor vehicle certification work, used at certification facilities and the Motor Vehicle Department under the General Department of Technical Services.

Article 4. Prohibited Actions

1. Conducting certification without adequate content, not following prescribed procedures; falsifying certification results.

2. Conducting certification with malfunctioning testing equipment; using measurement instruments and testing devices that have not been certified, calibrated, or technically inspected according to regulations.

3. Arranging insufficient or improperly qualified personnel on the certification assembly line.

4. Printing blank Certification Certificates and Certification Stickers for unauthorized use.

5. Altering printed or recorded information on Certification Certificates and Certification Stickers; arbitrarily peeling off or affixing Certification Stickers.

6. Engaging in corrupt or harassing behavior during the certification process.

7. Certifying and issuing Certification Certificates and affixing Certification Stickers to commercial motor vehicles that have exceeded their service life or failed to pay road usage fees as required by law.

Chapter II

REGULATIONS ON CERTIFICATION

Article 5. Objects and Authority for Certification

1. Motor vehicles must be certified on a fixed or mobile certification assembly line (except for initial certifications exempted according to Article 10 of this Circular).

2. Mobile certification applies only to agencies, units, and businesses located in remote, border, or island areas where it is impractical to bring motor vehicles to certification facilities (the distance from the agency, unit, or business to the certification facility must exceed 50 kilometers); combat vehicle groups; ambulances, fire trucks, rescue vehicles; oversized or overweight vehicles unable to enter the certification assembly line.

3. The head of the certification facility concludes, signs, and stamps the Certification Report, Certification Certificate, and Certification Sticker, and bears legal responsibility for the certification results.

Article 6. Initial Certification Documentation

1. Military Motor Vehicles

a) A letter or introduction requesting certification signed and stamped by the commander of a regiment or higher-level unit;

b) Registration certificate; vehicle history (applicable only to registered military motor vehicles);

c) Temporary license plate (applicable only to military motor vehicles that have not completed registration procedures);

d) Certificate of quality and technical safety for modified military motor vehicles (applicable only to modified military motor vehicles).

2. Commercial Motor Vehicles

a) A letter or introduction requesting certification signed and stamped by the director or deputy director of the enterprise;

b) Registration certificate;

c) Copy of the Certificate of Quality and Technical Safety and Environmental Protection for imported motor vehicles (applicable only to imported motor vehicles);

d) Copy of the Factory Quality Inspection Report (applicable only to domestically produced or assembled motor vehicles);

đ) Copy of the Certificate of Quality and Technical Safety and Environmental Protection for modified motor vehicles (applicable only to modified motor vehicles).

Article 7. Periodic Certification Documentation

1. Military Motor Vehicles: Follow the provisions set out in point a and b of Clause 1 of Article 6 of this Circular.

2. Commercial Motor Vehicles: Follow the provisions set out in point a and b of Clause 2 of Article 6 of this Circular.

3. Preparation of Certification Documentation

a) The certification facility receives documentation, checks papers according to the provisions of Clause 1 and 2 of Article 6 and Clause 1 and 2 of this Article; if incomplete, instructs the agency, unit, or enterprise to supplement and complete;

b) The certification facility prints technical specifications of motor vehicles from the management database of the Motor Vehicle Department; inspects the motor vehicle and compares with the documents and printed technical specifications. In cases where the technical specifications of the motor vehicle are not in the database, the certification facility must prepare a Motor Vehicle Documentation Form according to Model 01 of Appendix IV issued together with this Circular within the certification management program;

c) If the inspection and comparison meet requirements, input technical specifications and administrative information of the motor vehicle into the certification management program, record the vehicle for certification; print the Motor Vehicle Documentation Form (applicable only to initial certification or motor vehicles not in the database);

d) Take two clear overall photos of the motor vehicle showing the license plate (photos taken at a 45-degree angle from the front side and from the rear opposite side, with the time of photography shown on the photo).

Article 8. Inspection Cycle

The inspection cycle for motor vehicles shall be carried out in accordance with the provisions set forth in Appendix III attached to this Circular.

Article 9. Content and Methods of Inspection

1. The content and methods of inspection on fixed or mobile inspection lines shall be implemented in accordance with Table 1 in Appendix I attached to this Circular.

2. The items and contents of inspection at each stage on fixed or mobile inspection lines shall be carried out in accordance with Table 2 in Appendix I attached to this Circular, including the following five stages:

a) Stage 1: Identification and general inspection;

b) Stage 2: Inspection of the upper part of the motor vehicle;

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

d) Stage 4: Environmental inspection;

e) Stage 5: Inspection of the lower part of the motor vehicle.

3. In cases of mobile inspections, all contents prescribed in Clause 2 of this Article must be fully implemented, and additional contents prescribed in Appendix II attached to this Circular must also be carried out.

Article 10. Exemption from Inspection

1. New motor vehicles produced or assembled within less than two years from the year of production or assembly, which have not been used and have already been registered with a Vehicle Registration Certificate and Registration Number in accordance with the law.

2. Motor vehicles exempted from initial inspection do not need to bring the vehicle to the inspection facility (the entity or organization brings the relevant documents to the inspection facility to enter the inspection data as stipulated in Articles 6 and 7 of this Circular).

Article 11. Inspection Results

1. The results of each inspection item shall be checked, evaluated, and recorded by the inspectors on the Inspection Form, reported to the head of the inspection facility for conclusion, signed, and stamped according to regulations (except for motor vehicles exempted from initial inspection).

2. Issuance of the Inspection Certificate and Affixing of the Inspection Label

a) Motor vehicles that pass all five stages of inspection and meet the requirements specified in Table 2 in Appendix I attached to this Circular shall be issued an Inspection Certificate and have the Inspection Label affixed. If a motor vehicle does not meet the requirements after inspection, the inspection facility must clearly inform the entity or organization about the non-compliant items and contents so they can repair and re-inspect those items and contents;

b) Motor vehicles exempted from initial inspection shall be issued an Inspection Certificate and Inspection Label; the entity or organization shall directly affix the Inspection Label to the motor vehicle in accordance with Clause 4 of Article 13 of this Circular;

c) The validity period of the inspection for motor vehicles shall be directly recorded on the Inspection Certificate and Inspection Label and issued according to the inspection cycle.

Article 12. Inspection Forms and Inspection Certificates

1. The Inspection Form shall be printed in black and white on double A paper, type 70gsm, size A4 (210 x 297mm) as prescribed in Model No. 02 in Appendix IV attached to this Circular.

2. The Inspection Certificate shall be printed in color on both sides on double A paper, type 150gsm, size A5 (210 x 148mm) as prescribed in Model No. 03 in Appendix IV attached to this Circular.

3. The Inspection Form and Inspection Certificate shall only be valid when fully completed and clearly signed with the name and stamped by the head of the inspection facility according to regulations.

Article 13. Inspection Stamps

1. The inspection stamp is circular with a diameter of 95mm, covered with a protective plastic film; printed in two colors on both sides of double A paper, type 80gsm as specified in Model No. 04 of Appendix IV issued together with this Circular.

2. The inspection stamp is only valid when it contains complete information and is signed, clearly stating the name, and stamped according to regulations by the inspection station commander.

3. The inspection stamp shall be directly affixed by the inspector onto the motor vehicle after the inspection has been successfully completed (except for cases where the initial inspection is waived for the motor vehicle).

4. The inspection stamp shall be affixed inside, on the right upper part of the windshield facing the direction of travel of the vehicle. For trailers and semi-trailers, the inspection stamp shall be affixed to the frame of the vehicle near the location where the Registration Plate is installed.

5. In case of objective reasons leading to the loss or damage of the inspection stamp, the relevant agency, unit, or enterprise shall prepare a document requesting the previous inspection facility to issue a replacement inspection stamp.

6. The inspection stamp becomes invalid under any of the following circumstances:

a) After the date of validity indicated on the inspection stamp;

b) When the motor vehicle has been issued a Certificate of Inspection and a new inspection stamp;

c) When the motor vehicle has been involved in an accident or damaged to the extent that it does not meet safety and environmental protection technical requirements;

d) When major repairs or medium repairs are carried out on components or systems related to safety (replacement of engine assemblies, braking systems, steering systems);

đ) When the inspection stamp is erased, defaced, or peeled off.

Article 14. Reporting on Inspection Activities

The reporting system for inspection results and the usage of blank Certificates of Inspection and Inspection Stamps to the superior administrative authority and the Directorate of Vehicles/Military Technical Service Administration is regulated as follows:

1. Title and type of report:

a) Monthly Report on Inspection Results and Tasks for the Following Month (from the 26th day of the previous month to the 25th day of the next month);

b) First Quarter Report on Inspection Results and Tasks for the Second Quarter;

c) Mid-Year Report on Inspection Results and Tasks for the Second Half of the Year;

d) Nine-Month Report on Inspection Results and Tasks for the Fourth Quarter;

đ) Annual Report on Inspection Results.

2. Content and format: As specified in Model No. 05 of Appendix IV issued together with this Circular.

3. Reporting time:

a) Monthly report: On the 26th of each month;

b) Quarterly report: On the 10th of the last month of the quarter;

c) Annual report: On November 10th of each year.

4. Method of submission and receipt of reports: Direct submission or submission via military postal service or military email system.

Article 15. Archiving Inspection Records and Data

1. The inspection facility must manage and archive inspection records in accordance with legal regulations on archiving, including:

a) Vehicle Inspection Record Form (only applicable to initial inspections of motor vehicles);

b) Logbook of Motor Vehicles Undergoing Inspection;

c) Individual Inspection Forms for Each Motor Vehicle;

d) Measurement and Testing Results of Technical Parameters of Each Motor Vehicle According to the Inspection Content (if applicable);

đ) Various types of documents specified in Point d Clause 1 and Points c, d, đ Clause 2 of Article 6 of this Circular (only applicable to initial inspections of motor vehicles).

2. Inspection data shall be stored at the inspection facility and in the inspection management program database at the Directorate of Vehicles/Military Technical Service Administration.

3. Storage period:

a) Inspection records established and archived by the inspection facility shall be destroyed after four years (48 months) from the date of inspection, with a record of destruction kept at the inspection facility;

b) Inspection data shall be stored for five years (60 months) from the date of inspection.

Chapter III

RESPONSIBILITIES OF AUTHORITIES, UNITS, AND ENTERPRISES

Article 16. General Staff Department

Direct the Standardization - Metrology - Quality Control Department to assist the Minister of National Defense in performing state management functions regarding motor vehicle inspections within the Ministry of National Defense.

Article 17. General Department of Technology

1. Assist the Minister of National Defense in implementing and managing the organization and operation of vehicle inspection activities within the Ministry of National Defense in accordance with the provisions of the law.

2. Direct the Motor-Cycle Bureau:

a) Guide, direct, and inspect inspection facilities; relevant agencies, units, enterprises, organizations, and individuals related to vehicle inspections in accordance with the provisions of this Circular;

b) Develop content, programs, and organize training for issuing Inspection Certificates and Inspector Cards for relevant subjects as prescribed;

c) Develop software applications for information technology in directing, managing, and supervising vehicle inspection activities; guide and direct inspection facilities and relevant agencies, units, and enterprises to exploit and use them;

d) Regularly, periodically, and randomly inspect and supervise the inspection activities of inspection facilities, compile and report to competent authorities as prescribed; during the inspection process, if violations are discovered, depending on the level of violation, proceed to establish a record to suspend operations and cooperate with competent agencies to handle according to the law and military discipline;

e) Print, manage, and distribute various types of blank Inspection Certificates and Inspection Stickers as stipulated in Clause 2, Article 12 and Clause 1, Article 13 of this Circular.

Article 18. Agencies, Units, and Enterprises

1. Strictly maintain and implement vehicle inspection activities for vehicles under their management and use in accordance with the provisions of this Circular.

2. Promptly repair and address non-compliant items as reported by inspection facilities and request re-inspection of those items from the inspection facilities.

3. Bear responsibility for maintaining the technical condition of vehicles between two inspection periods.

Article 19. Agencies and Units with Inspection Facilities

Coordinate with functional agencies of the Ministry of National Defense to guide, direct, inspect, and supervise inspection facilities under their maintenance to strictly implement vehicle inspection activities in accordance with the contents prescribed in this Circular.

Article 20. Inspection Facilities

1. Be subject to guidance, direction, inspection, and supervision of vehicle inspection activities by the Motor-Cycle Bureau and superior business agencies as prescribed in this Circular.

2. Conduct vehicle inspections in accordance with the prescribed contents in this Circular.

3. Prepare inspection records for vehicles.

4. Manage and use blank Inspection Certificates and Inspection Stickers and print blank Inspection Forms as prescribed in Clause 1, Article 12 for use as prescribed in this Circular.

5. Honestly assess and conclude the results of vehicle inspections in accordance with the prescribed contents in this Circular.

6. Issue Inspection Certificates to vehicles that have passed inspections and meet the conditions to participate in traffic.

7. Directly affix Inspection Stickers onto vehicles (except for cases where vehicles are exempted from initial inspections).

8. Strictly comply with reporting procedures for inspection activities as prescribed in Article 14 of this Circular.

9. Store inspection records and data and destroy them as prescribed in Article 15 of this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 21. Effective Date

1. This Circular takes effect from January 15, 2024, replacing Circular No. 34/2010/TT-BQP dated April 8, 2010, issued by the Minister of National Defense, concerning technical safety checks and environmental protection for military automobiles.

2. In cases where referenced documents in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced documents.

3. Inspection Certificates and Inspection Stickers issued before the effective date of this Circular shall continue to be used until their expiration dates as indicated on the certificates and stickers.

Article 22. Responsibility for enforcement

The Chief of General Staff, Director of the General Department of Technology, Heads of agencies, units, enterprises, and related individuals are responsible for implementing this Circular./.