Thông tư 22/2009/TT-BGTVT

CIRCULAR

SPECIFYING THE PROCEDURES FOR TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION INSPECTION OF ROAD MOTOR VEHICLES

THE MINISTRY OF TRANSPORT

Pursuant to the November 13, 2008 Law on Road Traffic;
Pursuant to the Government's Decree No. 51/ 2008/ND-CP of April 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
The Minister of Transport specifies the procedures for technical safety and environmental protection inspection of road motor vehicles as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Circular provides for the technical safety and environmental protection inspection of road motor vehicles (below referred to as motor vehicles).

2. This Circular does not apply to:

a/ Motorcycles, mopeds;

b/ Motor vehicles of army and police forces which are used for defense and security purposes.

Article 2. Subjects of application

This Circular applies to organizations and individuals involved in technical safety and environmental protection inspection of motor vehicles.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Inspection means the periodical examination and evaluation of the technical safety and environmental protection state of a motor vehicle in order to certify its roadworthiness.

2. Inspection cycle means the month-based interval between two times of inspection.

3. Certificate of technical safety and environmental protection inspection of motor vehicles (below referred to as certificate) is a certificate attesting that the motor vehicle has been tested under regulations and is roadworthy in the territory of the Socialist Republic of Vietnam and countries with which Vietnam has signed treaties on mutual recognition of technical safety and environmental protection inspection of motor vehicles.

4. Technical safety and environmental protection inspection stamp of motor vehicles (below referred to as inspection stamp) is a symbol which helps patrol forces recognize that the motor vehicle has been inspected and is roadworthy within the period stated in the stamp.

5. Technical safety and environmental protection inspection book of motor vehicles (below referred to as inspection book) is motor vehicles" history records which are used for technical and administrative management and monitoring of the vehicle operation.

6. Inspection prints are blank certificates, inspection stamps and inspection books.

7. Inspection paper is an inspection print already certified and issued by an inspection unit to a motor vehicle.

8. Inspection slip is the record of motor vehicle inspection.

Chapter II

INSPECTION OF MOTOR VEHICLES

Article 4. Place of inspection

1. The first-time inspection of a motor vehicle for the issuance of an inspection book shall be carried out in any of inspection units in the locality where the motor vehicle is registered and granted a number plate.

2. For subsequent inspections, the motor vehicle may be brought to any inspection unit for inspection.

3. Upon change in the motor vehicle's area of operation, the vehicle owner shall carry out procedures to transfer the vehicle's dossier to any of inspection units in the locality where the vehicle is registered and granted a new number plate, for management of inspection.

Article 5. Inspection dossiers

1. A dossier of first-time inspection for issuance of an inspection book comprises:

a/ The vehicle registration certificate, issued by a competent state management agency;

b/ The valid certificate of insurance for civil liability of motor vehicle owner;

c/ The quality certificate or the notification of exemption from quality inspection (required only for imported cars);

d/ The certificate of technical safety and environmental protection of transformed motor vehicles (required only for transformed motor vehicles);

e/ The certificate of registration for transport business (applicable only to motor vehicles used for transport business).

2. A dossier of subsequent inspection comprises:

a/ The vehicle registration certificate, issued by a competent state agency;

b/ The valid certificate of insurance for civil liability of motor vehicle owner:

c/ The inspection book; and the inspection certificate and stamp issued for the previous inspection:

c/ The certificate of registration for transport business (required only for motor vehicles used for transport business).

Article 6. Inspection steps

1. Motor vehicles must be inspected on an inspection line. For oversized, extra-heavy or specially structured vehicles which cannot be inspected on the inspection line or vehicles operating on islands, in deep-lying or remote areas where it is impossible to bring vehicles to inspection units, inspection shall be conducted under specific guidance of the Vietnam Register.

2. Inspection steps are specified in the Transport Minister's Circular No. 10/2009/TT-BGTVT of June 24, 2009, on the inspection of technical safety and environmental protection of road motor vehicles.

Article 7. Prohibited acts in the inspection of motor vehicles

1. Conducting inspection in contravention of prescribed contents, processes and regulations.

2. Conducting inspection without ensuring the precision of inspection equipment or upon failure of the local area network; conducting inspection outside the inspection line without permission.

3. Designating persons who fail to satisfy prescribed criteria to conduct inspection.

4. Forcing motor vehicle owners to bring their motor vehicles to designated repair or maintenance establishments.

5. Collecting charges or fees in contravention of regulations; committing acts of harassing customers for bribes or receiving money or gifts in any forms.

6. Conducting inspection and issuing inspection certificates to motor vehicles whose operation duration has expired or despite a written request for non-inspection from a competent state management agency.

7. Using inspection prints other than those issued by the Vietnam Register. Counterfeiting dossiers or issuing inspection papers to improper entities.

Chapter III

MANAGEMENT, ISSUANCE. RENEWAL AND REVOCATION OF INSPECTION PAPERS

Article 8. Inspection books

1. Each motor vehicle will be issued only one inspection book (made according to the form provided in Appendix 1 to this Circular, not primed herein)

2. Contents written in an inspection book must match the motor vehicle to which the book is issued, the dossier kept at the inspection unit and data stored in the Vietnam Register.

Article 9. First-time issuance of inspection books

1. The dossier for issuance of an inspection book is specified in Clause 1, Article 5 of this Circular;

2. Inspection books will be issued only to motor vehicles which, after being inspected, are certified as satisfying the requirements prescribed in Clause 2, Article 6 of this Circular.

Article 10. Re-issuance of inspection books

1. Re-issuance in case of loss of inspection books: A re-issuance dossier comprises papers specified at Points a, b and e. Clause 1, Article 5 of this Circular and the notice of the loss of the book, with the written certification of a police office.

2. Re-issuance in case inspection books run out of blank pages: The re-issuance dossier comprises papers specified in Clause 2, Article 5 of this Circular.

3. Re-issuance in case inspection books are torn, have some pages lost or are modified: The re-issuance dossier comprises papers specified in Clause 2, Article 5 of this Circular and the written explanation of the vehicle owner.

4. An inspection book will be re-issued by the inspection unit which manages the book after obtaining inspection results showing that the motor vehicle satisfies the requirements prescribed in Clause 2, Article 6 of this Circular and its conditions match the archived original dossier.

Article 11. Modification and supplementation of inspection books

1. Inspection books will be modified or supplemented when motor vehicles move to other areas, are transferred to other owners or transformed, after obtaining inspection results showing that the motor vehicles satisfy the requirements prescribed in Clause 2, Article 6 of this Circular and their conditions are consistent with the dossiers specified in Clause 2, Article 11 of this Circular.

2. A dossier of modification or supplementation of an inspection book comprises:

a/ The dossier specified at Points a and c, Clause 2, Article 5 of this Circular:

b/ The dossier on the motor vehicle's move to another area, for motor vehicles moving to other areas or the certificate of technical safety and environmental protection of transformed motor vehicles, for transformed motor vehicles.

3. An inspection book will be modified or supplemented by:

a/ The inspection unit managing the book, for cases of modification or supplementation of contents.

b/ An inspection unit in the locality where the vehicle moves to.

Article 12. Issuance of inspection certificates and stamps

1. Motor vehicles which, after being inspected, are certified as satisfying prescribed criteria will be issued an inspection certificate and an inspection stamp of roadworthiness (made according to forms provided in Appendix 2 and Appendix 3 to this Circular, not printed herein).

The inspection certificate and stamp issued to a motor vehicle must bear the same serial number and details.

2 The certificate will be stuck on a page of the inspection book, with a seal appended on both the certificate and the paper of the inspection book.

3. The inspection stamp will be stuck in the upper right corner inside the vehicle's front windshield. In case the motor vehicle has no windshield, the inspection stamp will be stuck at the back of the motor vehicle's body on the same side with the registration number plate.

4. In case the inspection certificate or stamp is lost, damaged or torn, the vehicle owner or driver shall bring his/her motor vehicle, together with papers specified in Clause 2, Article 5 of this Circular, to an inspection unit for inspection and re-issuance.

5. The old inspection certificate and stamp will expire after a new inspection certificate and stamp are issued to the motor vehicle.

Article 13. Revocation of inspection papers

1. Inspection papers will be revoked in the following cases:

a/ The dossier supplied by the vehicle owner or driver is detected to be falsified, modified or erased:

b/ The issued certificate is detected to be incompatible with the inspected motor vehicle;

c/ The vehicle's operation duration has expired.

2. The revocation shall be carried out by inspection units. In case the unit which revokes inspection papers of a motor vehicle is not the unit managing the inspection book of that vehicle, it shall immediately notify the revocation to the book-managing unit and report the case to the Vietnam Register.

Article 14. Archive of inspection dossiers and data

1. Inspection slips specified in Clause 8. Article 3 of this Circular shall be kept at inspection units for 3 years after the date of inspection and issuance of inspection papers.

2. The dossier of a motor vehicle will be kept at the unit managing its inspection book throughout its operation duration, comprising:

a/ Relevant papers used for compilation and re-issuance of the inspection book;

b/ Papers related to the modification of the inspection book;

c/ The written record of checking of and card on the compilation of the inspection book.

3. Inspection data must be archived at inspection units.

Chapter IV

RESPONSIBILITIES OF MOTOR VEHICLE OWNERS OR DRIVERS

Article 15. Responsibilities of motor vehicle owners or drivers

Apart from complying with this Circular, motor vehicle owners or drivers shall:

1. Conduct technical safety and environmental protection inspection according to the Transport Ministry's regulations.

2. Provide inspection units which manage and issue inspection books with accurate information relating to the inspection and information on administrative and technical management of their motor vehicles, including relevant dossiers and documents.

3. Strictly observe regulations on technical maintenance and repair in order to maintain the technical state of their motor vehicles in the interval between two times of inspection as prescribed.

4. Refrain from transforming their motor vehicles' structure, components or systems in contravention of manufacturers' designs or transformation designs approved by competent agencies.

5. When moving their motor vehicles to other areas, transferring their motor vehicles to other owners or transforming their motor vehicles, bring the vehicles, together with relevant prescribed papers, to inspection units which manage inspection books to carry out procedures for inspection and certification of changes.

6. Refrain from temporarily changing components, accessories or parts of their motor vehicles to satisfy technical criteria upon inspection or falsifying, removing, sticking, erasing or modifying inspection papers.

7. Bring along inspection papers and inspection books when driving their motor vehicles in the road and produce them at the request of on-duty officers.

8. Return inspection books to managing inspection units when their motor vehicles are deregistered, have their operation duration expired or at the request of competent agencies.

Chapter V

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES

Article 16. The Vietnam Register

1. To formulate and submit to the Ministry of Transport for promulgation the planning on the system of motor vehicle inspection units in conformity the motor vehicle increase rate and the road network development.

2. To provide professional instructions to and manage inspection units nationwide.

3. To examine and evaluate conditions and criteria of, and grant certificates of qualification for motor vehicle inspection to, inspection units.

4. To train, appoint, dismiss and professionally manage inspectors.

5. To provide guidance on inspection contents and processes.

6. To uniformly issue, manage and print inspection prints and papers; to issue forms and prescribe regulations on archiving and making professional reports within the motor vehicle registry network. To provide detailed guidance on the order of and procedures for the issuance, use and revocation of inspection prints and papers.

7. To provide detailed guidance on the issuance, modification and supplementation of inspection books.

8. To uniformly provide for types and methods of periodical technical repair and maintenance in order to ensure the quality of inspection equipment of inspection units.

10. To conduct regular, periodical and irregular examination and supervision of inspection units inspection activities. To handle violations committed by inspectors and inspection units according to regulations.

11. To make annual reports on technical safety and environmental protection inspection of motor vehicles to the Ministry of Transport.

Article 17. Provincial-level Transport Departments

1. To coordinate with the Vietnam Register in directing, examining and supervising operations of. and handling violations committed by, inspectors and inspection units under their management.

2. To propose provincial-level People's Committees to appoint or to appoint under authorization directors and deputy directors of inspection units under their management according to in the Transport Minister's Circular No. 11/2009/TT-BGTVT of June 24, 2009, providing conditions on road motor vehicle inspection centers.

Article 18. Motor vehicle inspection units

1. To conduct inspection and issue certificates for motor vehicles to operate on the road according to regulations. Heads of inspection units and inspectors who direct conduct inspection shall take responsibility for inspection results.

2. To carry out examination, maintenance and repair in order to maintain the precision and operation of inspection equipment and devices according to regulations. To report to the Vietnam Register and provincial-level Transport Departments on the termination of operation of inspection lines.

4. To abide by and create favorable conditions for the inspection, examination and supervision of their inspection activities by functional agencies.

5. To publicize inspection contents, process, criteria, regulations, fees, charges and working time.

Chapter VI

EFFECT AND ORGANIZATION OF IMPLEMENTATION

Article 19. Effect

1. This Circular takes effect 45 days from the date of its signing and replaces the Transport Minister's Decision No. 4105/2001/QD-BGTVT of December 4. 2001. promulgating the Regulation on technical safety and environmental protection inspection of road motor vehicles, and Decision No. 39/2007/QD-BGTVT of August 22.2007, amending and supplementing a number of articles of the Regulation on technical safety and environmental protection inspection of road motor vehicles.

2. Inspection certificates and stamps issued by inspection units to vehicles before the effective date of this Circular remain valid through the expiration date written therein.

Article 20. Organization of implementation

The director of the Ministry Office, the Chief Inspector, directors of the Ministry's departments, the director of the Vietnam Register, heads of concerned agencies, and related organizations and individuals shall implement this Circular.-