Thông tư 23/2009/TT-BGTVT

CIRCULAR

PROVIDING FOR THE QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION INSPECTION OF SPECIAL-USE VEHICLES

THE MINISTRY OF TRANSPORT

Pursuant to the November 13, 2008 Law on Road Traffic;
Pursuant to the July 21, 2007 Law on Product and Goods Quality;
Pursuant to the Government's Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality;
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 provides for the quality, technical safety and environmental protection inspection of special-use vehicles as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular provides for the quality, technical safety and environmental protection inspection (below referred to as inspection) of special-use vehicles upon their importation, manufacture, assembly, transformation and use for transport purposes.

2. This Circular applies to organizations and individuals engaged in the management, importation, manufacture, assembly, transforma­tion and use of special-use vehicles nationwide.

3. This Circular does not apply to special-use vehicles of the army and police forces which are used for defense and security purposes.

Article 2. Inspection grounds

Inspection grounds include:

1. Regulations, technical regulations and
standards.

2. Design dossiers or technical dossiers.

Article 3. Special-use vehicles subject to inspection

1. Imported or domestically manufactured or assembled special-use vehicles subject to inspection are those on the list of products and goods subject to quality inspection issued together with the Prime Minister's Decision No. 50/2006/QD-TTg of March 7. 2006.

2. Special-use vehicles currently in use subject to inspection are those on the list of special-use vehicles subject to inspection prescribed in Appendix 1 to this Circular.

Chapter II

INSPECTION OF SPECIAL-USE VEHICLES

Section 1. INSPECTION OF SPECIAL-USE VEHICLES UPON IMPORTATION

Article 4. Inspection dossiers

A dossier of inspection of imported special-use vehicles will be made in 1 set, comprising the following documents:

1. A written registration for quality, technical safety and environmental protection inspection of special-use vehicles, made according to the form provided in Appendix 2 to this Circular (not printed herein), clearly indicating the chassis number, engine number and year of manufacture of each special-use vehicle;

2. A copy of the imported goods declaration;

3. A copy of the invoice or equivalent document;

4. Documents introducing basic technical properties of each type of imported special-use vehicles (original or copy) or the registration of technical parameters of imported special-use vehicles, made by the importer;

5. The original certificate of quality (C/Q) issued by the manufacturer, for imported brand-new special-use vehicles (if any);

6. For special-use vehicles which, after being inspected, are certified as satisfying requirements, documents specified in Clause 4 of this Article are not required.

Article 5. Inspection methods, contents and places

1. Brand-new special-use vehicles with valid dossiers as prescribed in Article 4 of this Circular will be inspected and certified with regard to parameters of their shapes, dimensions, general structures, chassis numbers and engine numbers.

2. Used special-use vehicles with valid dossiers as prescribed in Article 4 of this Circular or brand-new special-use vehicles without C/Q will be inspected unit by unit according to standards and technical regulations on quality, technical safety and environmental protection of special-use vehicles.

3. In case chassis numbers or engine numbers of imported special-use vehicles are modified due to technical errors of manufacturers, the written certification of the manufacturers is required. If there is any doubt about chassis numbers or engine numbers of special-use vehicles, quality-inspecting agencies may request a specialized agency to conduct assessment.

4. Special-use vehicles will be inspected at any places at the request of the importers.

Article 6. Certification of inspection results

1. Imported brand-new special-use vehicles which satisfy the requirements prescribed in Clause 1, Article 5 of this Article will be issued a notice of exemption from quality, technical safety and environmental protection inspection of imported special-use vehicles (below referred to as inspection exemption notice), made according to the form provided in Appendix 3 to this Circular (not printed herein).

2. Imported special-use vehicles which, after being inspected, are certified as satisfying the requirements prescribed in Clause 2. Article 5 of this Circular will be issued a certificate of quality, technical safety and environmental protection of imported special-use vehicles (below referred to as certificate of imported vehicles), made according to the form provided in Appendix 4 to this Circular (not printed herein).

3. Imported special-use vehicles which, after being inspected, are certified as not satisfying the requirements prescribed in Clause 2. Article 5 of this Circular will be issued a notice of non-satisfaction of quality, technical safety and environmental protection requirements for imported special-use vehicles (below referred to as notice of non-satisfaction of quality requirements), made according to the form provided in Appendix 5 to this Circular (not printed herein).

Section 2. EVALUATION OF DESIGNS AND INSPECTION OF SPECIAL-USE VEHICLES UPON MANUFACTURE, ASSEMBLY AND TRANSFORMATION

Article 7. Design dossiers

A design dossier will be made in 3 sets and sent to registry agencies for evaluation.

1. For manufactured or assembled special-use vehicles, a design dossier comprises:

a/ Technical drawings:

- The general drawing of special-use vehicles;

- Technical drawings and parameters of home­made complete parts and systems:

- Technical documents of imported complete parts and systems.

b/ Explanations and calculations:

- Explanations about basic technical properties of special-use vehicles;

- Calculations on the design of special-use vehicles.

2. For transformed special-use vehicles, a design dossier comprises:

a/ The general drawing of special-use vehicles before and after transformation;

b/ Technical drawings and documents of complete parts and systems used for transformation;

c/ Explanations about and calculations on the transformation.

Article 8. Evaluation of designs

1. The evaluation of design dossiers (below referred to as evaluation) will be carried out before special-use vehicles are manufactured or assembled for the first time or upon their transformation.

2. Evaluation means the consideration and assessment of the conformity of design dossiers of special-use vehicles with current regulations, technical regulations and standards. The evaluation will be carried out within 15 working days after the receipt of a competent and valid dossier. In case the evaluation needs to be prolonged because the design dossier must be supplemented or modified, the registry agency shall notify the designer of the prolongation in writing.

3. After being evaluated, 2 sets of the design dossier shall be transferred to the manufacturer or the designer and 1 set shall be kept at the registry agency.

Article 9. Inspection of manufactured or assembled special-use vehicles

1. Dossiers used in the inspection process include:

a/ The design dossier of special-use vehicles already evaluated by a registry agency;

b/ The dossier on the inspection and take-over test of products, made by the manufacturer.

2. Inspection covers considering and assessing the quality of special-use vehicles according to current regulations, technical regulations and standards and evaluated design dossiers.

3. Inspection method: unit-by-unit inspection.

Article 10. Inspection of transformed special-use vehicles

1. Dossiers used in the inspection process include:

a/ The design dossier of transformed special-use vehicles already evaluated by a registry agency;

b/ The dossier on the inspection and take-over test of special-use vehicles, made by the manufacturer.

2. Inspection covers considering and assessing the quality of special-use vehicles according to current regulations, technical regulations and standards and the evaluated design dossier.

3. Inspection method: unit-by-unit inspection.

Article 11. Certification of design evaluation results and inspection results

1. Special-use vehicles whose design dossiers are evaluated as satisfying the requirements prescribed in Article 8 of this Circular will be issued a certificate of evaluation of designs of special-use vehicles, made according to the form provided in Appendix 6 of this Circular (not printed herein).

2. Manufactured, assembled or transformed special-use vehicles which, after being inspected, are certified as satisfying the requirements prescribed in Articles 9 and 10 of this Circular will be issued a certificate of quality, technical safety and environmental protection of manufactured, assembled or transformed special-use vehicles (below referred to as certificate of manufactured, assembled or transformed vehicles), made according to the form provided in Appendix 7 to this Circular (not printed herein).

Section 3. INSPECTION OF SPECIAL-USE VEHICLES FOR USE

Article 12. Inspection dossiers

1. A dossier of first-time inspection comprises:

a/ An application for a book of quality, technical safety and environmental protection inspection of special-use vehicles (below referred to as inspection book), made by the owner of the special-use vehicle.

b/ Any of the following documents:

- Copy of technical documents, enclosed with the introduction of the general drawings and basic technical properties of the special-use vehicle; the registration of technical parameters of the special-use vehicle, made by the organization or individual; the inspection exemption notice; the certificate of imported special-use vehicles; or the certificate of manufactured, assembled or transformed special-use vehicles.

2. A dossier of periodical inspection comprises:

a/ An application for inspection, for cases of request for inspection outside the location of the registry unit;

b/ The inspection book (for presentation);

c/ The certificate of registration of special-use vehicles issued by a competent state agency (for presentation).

Article 13. Inspection contents and places

1. Special-use vehicles will be inspected according to standards and technical regulations on quality, technical safety and environmental protection of special-use vehicles.

2. Special-use vehicles will be inspected at any places requested by their owners which, however, must satisfy inspection conditions prescribed in relevant technical regulations.

Article 14. Certification of inspection results

1. Special-use vehicles which, after being inspected for the first time, are certified as satisfying the requirements prescribed in Clause 1, Article 13 of this Circular, will be issued an inspection book, made according to the form provided in Appendix 8 (not printed herein), a certificate of inspection of technical safety and environmental protection of special-use vehicles (below referred to as inspection certificate), made according to the form provided in Appendix 9 (not printed herein) and a stamp of technical safety and environmental protection inspection (below referred to as inspection stamp), made according to the form provided in Appendix 10 to this Circular (not printed herein).

2. Special-use vehicles which, after being periodically inspected, are certified as satisfying the requirements prescribed in Clause 1, Article 13 of this Circular, will be issued an inspection certificate and an inspection stamp.

Article 15. Inspection cycle

1. For brand-new special-use vehicles, the cycle of first-time inspection is 24 months.

2. For used special-use vehicles, the inspection cycle is 12 months.

Section 4. TIME LIMITS FOR CERTIFICATION OF INSPECTION RESULTS AND ARCHIVE OF DOSSIERS

Article 16. Time limits for certification of inspection results

1. The time limit for issuance of an inspection exemption notice, certificate of imported special-use vehicles, notice of non-satisfaction of quality requirements and certificate of manufactured, assembled or transformed special-use vehicles is 5 working days after the inspection is finished.

2. The time limit for issuance of a design evaluation certificate, inspection book and inspection certificate is 3 working days after the inspection is finished.

3. Inspection stamps will be stuck on special-use vehicles which, after being inspected, are certified as satisfying technical requirements.

Article 17. Archive of dossiers

1. Inspection dossiers specified in Article 4, Clause 1, Article 9; and Clause 1, Article 10, of this Circular and inspection records and documents made in the inspection process will be archived at registry agencies for 3 years after the issuance of the written certification of inspection results.

2. Design dossiers specified in Article 7 of this Circular, after being evaluated, will be archived at registry agencies for 3 years after of the date of termination of manufacture of special-use vehicles.

3. Inspection dossiers specified in Article 12 of this Circular will be archived throughout the life of special-use vehicles.

Chapter III

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES

Article 18. The Vietnam Register

1. To manage and organize the inspection of special-use vehicles nationwide.

2. To elaborate and promulgate documents providing professional guidelines on the registry of special-use vehicles according to its competence.

3. To train, appoint and dismiss special-use vehicle registrars.

4. To print, manage and issue forms to be used in the inspection of special-use vehicles provided in this Circular.

5. To provide professional instructions to, and manage professional operations of, registry units which conduct periodical inspection of special-use vehicles currently in use.

6. To make annual reports to the Ministry of Transport on the quality, technical safety and environmental protection inspection of special-use vehicles.

Article 19. Provincial-level Transport Departments

To organize the periodical inspection of special-use vehicles at their attached registry units.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS THAT MANUFACTURE. ASSEMBLE, TRANSFORM, IMPORT OR USE SPECIAL-USE VEHICLES

Article 20. Responsibilities of organizations and individuals that manufacture, assemble, transform or import special-use vehicles

1. To observe current regulations, technical regulations and standards when importing, manufacturing, assembling, repairing or transforming special-use vehicles.

2. To elaborate a process of product quality inspection and invest in inspection equipment in conformity with the manufacture process; to conduct periodical tests of inspection equipment; to inspect the quality of each product and take responsibilities for the quality of products upon their ex-works.

3. To take responsibility for the origin and quality of imported special-use vehicles.

Article 21. Responsibilities of organizations and individuals that use special-use vehicles

To conduct repair and maintenance in order to ensure special-use vehicles' conformity with standards on technical safety and environmental protection in the interval between two inspections by registry units.

Article 22. Responsibilities of organizations and individuals that manufacture, assemble, transform, import and use special-use vehicles

To preserve, maintain and refrain from modifying or erasing issued written certification of inspection results and produce them at the request of competent persons on-duty.

Chapter V

EFFECT AND ORGANIZATION OF IMPLEMENTATION

Article 23. Effect

1. This Circular takes effect 45 days from the date of its signing. To annul Section 3 of the Regulation on the grant of registration certificates and number plates and technical safety and environmental protection inspection of roadworthy special-use vehicles, issued together with the Transport Minister's Decision No. 4381/2001/QD-BGTVT of December 19, 2001.

2. Written certifications of inspection results issued to special-use vehicles before the effective date of this Circular remain valid until the expiration date prescribed therein.

Article 24. Organization of implementation

1. The Vietnam Register shall organize the implementation of this Circular.

2. The chief of the Ministry Office, the Chief Inspector, directors of departments, the director of the Vietnam Register, the General Director of the Vietnam Road Administration, directors of provincial-level Transport Departments, heads of concerned agencies and organizations and concerned individuals shall implement this Circular.

APPENDIX 1

LIST OF SPECIAL-USE VEHICLES SUBJECT TO INSPECTION

1. Construction vehicles

1.1. Earthworking vehicles

a/ Bulldozers;

b/ Shovels, including shoveling bulldozers:

c/ Excavators, including excavating bulldozers;

d/ Scrapers;

e/ Leveling machines;

f/ Ditch excavators:

g/ Pipe-placing machines.

1.2. Foundation construction machines:

a/ Pile drivers;

b/ Drillers;

c/ Road rollers.

1.3. Vehicles and machines used for making concrete and concrete materials:

a/ Stone mills;

b/ Stone screcners;

c/ Stone mills-screeners;

d/ Concrete pumps.

1.4. Elevating vehicles, machines and equipment:

a/ Rubber-tire cranes (excluding crane trucks);

b/ Caterpillar cranes;

c/ Lift trucks.

1.5. Road construction machines:

a/ Paving machines;

b/ Road construction machines;

c/ Asphalt sprinklers;

d/ Road cleaners:

e/ Machines used for road maintenance and repair.

1.6. Other self-propelled construction machines.

2. Special-use vehicles for agriculture and forestry

2.1 Rubber-tire tractors.

2.2 Caterpillar tractors.-