Thông tư 51/2016/TT-BGTVT

CIRCULAR

GUIDANCE ON IMPLEMENTATION OF GOVERNMENT’S DECREE NO. 63/2016/ND-CP DATED JULY 01, 2016 ON ELIGIBILITY REQUIREMENTS FOR MOTOR VEHICLE INSPECTION SERVICE PROVIDERS

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Government’s Decree No. 107/2012/ND-CP dated December 20, 2012 defining the functions, tasks, powers and organizational structure of Ministry of Transport;

Pursuant to the Government’s Decree No. 63/2016/ND-CP dated July 01, 2016 on eligibility requirements for motor vehicle inspection service providers;

At the request of Director of Science and Technology Department, and of Director of Vietnam Register,

Minister of Transport promulgates a Circular providing guidance on implementation of Government’s Decree No. 63/2016/ND-CP dated July 01, 2016 on eligibility requirements for motor vehicle inspection service providers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidance on implementation of Government’s Decree No. 63/2016/ND-CP dated July 01, 2016 on eligibility requirements for motor vehicle inspection service providers.

Article 2. Regulated entities

1. This Circular applies to organizations and individuals involved in the provision of motor vehicle inspection services.

2. This Circular does not apply to organizations and individuals performing the inspection of motor vehicles used by military or public security forces for national defense and security purposes.

Chapter II

TRAINING IN PROFESSIONAL COMPETENCE FOR INSPECTORS AND INSPECTION STAFF

Article 3. Training in professional competence for inspectors

Persons that meet all of requirements in Points a, b and e of Clause 1 Article 11 of the Government’s Decree No. 63/2016/ND-CP dated July 01, 2016 on eligibility requirements for motor vehicle inspection service providers (hereinafter referred to as Decree No. 63/2016/ND-CP) shall be trained in the following contents:

1. Theoretical training

a) General knowledge: Motor vehicle inspection organization network; professional ethics; regulations on responsibilities and handling of violations against regulations on motor vehicle inspection; regulations on penalties for administrative violations against road traffic regulations.

b) Legal documents: Legislative documents and guidelines for inspection procedures and operations.

c) Technical regulations, standards and processes related to inspection works.

2. Practical instruction at motor vehicle registration unit

a) Using inspection equipment.

b) Conducting the inspection of motor vehicles according to inspection items and inspection methods; motor vehicle inspection steps and procedures; evaluating inspection results.

c) Programs and software for managing the motor vehicle inspection and searching vehicle-related information.

3. The trainee who has successfully completed the training course shall be granted the Certificate of completion of training in motor vehicle inspection using the template provided in the Appendix No. 1 enclosed herewith.

Article 4. Training in professional competence for senior inspectors

An inspector who has at least 36 months’ inspection experience, possess an certificate of inspector proving he/she passed 05 inspection stages and is appointed by the registration unit or the organization establishing the registration unit to attend a training course in professional competence for senior inspector shall be trained in the following contents:

1. Theoretical training

a) Legal documents: Updating regulations and instructing professional operations, technical regulations and standards for inspection and certification of vehicle type and model.

b) Technical operations: Structural analysis; diagnosis of technical status and damage of parts, systems or fittings of motor vehicle, causes thereof and remedial measures; general regulations on motor vehicle modifications; advanced technologies adopted in vehicle manufacturing; new inspection contents, methods and equipment.

2. Seminars: Advice from the international car inspection organization about inspection works and management of quality of services provided by registration units; Road traffic safety and assessment of road traffic accidents; Requirements for instruction on practice in motor vehicle inspection.

3. The inspector who has successfully completed the training course in professional competence for senior inspector shall be granted the Certificate of completion of training for senior inspector using the template provided in the Appendix No. 1 enclosed herewith.

Article 5. Training for inspection staff

A person who meets all of requirements in Clauses 1, 2 Article 17 of the Government’s Decree No. 63/2016/ND-CP and is appointed by the registration unit or the organization establishing the registration unit to attend training course for inspection staff shall be trained in the following contents:

1. Theoretical training

a) General knowledge: Motor vehicle inspection organization network; professional ethics; regulations on responsibilities and handling of violations against regulations on motor vehicle inspection; regulations on penalties for administrative violations against road traffic regulations.

b) Legal documents: Regulations and guidelines for professional competence; requirements for inspection dossier; inspection steps; vehicle classification, and inspection fees; inspection dossier management, reporting and transmission of inspection figures.

2. Practical instruction: Instructions on use of programs and software for management of motor vehicle inspection.

3. The trainee who has successfully completed the training course for inspection staff shall be granted the Certificate of completion of training course for inspection staff using the template provided in the Appendix No. 2 enclosed herewith.

Article 6. Practice of motor vehicle inspection operations

1. Not later than 03 months after the completion of training period in motor vehicle inspection, the trainee must practice motor vehicle inspection operations at one or several registration units. The trainee inspector must send a notification of change of registration unit where he/she practices inspection operations to the Vietnam Register.

2. During practical period, the person practices motor vehicle inspection operations (hereinafter referred to as trainee inspector) must practice the following contents: inspecting 05 steps of the inspection line, using inspection equipment and programs/software for management of motor vehicle inspection.

3. The trainee inspector must prepare report on practice in motor vehicle inspection using the template provided in the Appendix 3 enclosed herewith, and send it to Vietnam Register.

4. Leader of registration unit shall assign an official inspector to instruct the trainee inspector and assume responsibility for practical contents of such trainee inspector at the registration unit.

5. The practical instructor must be a senior inspector or an inspector who has at least 36 months’ inspection experience. The trainee inspector shall inspect and evaluate inspected motor vehicles under the instruction and supervision of the practical instructor; the practical instructor shall be responsible for technical evaluation results of inspected vehicle.

6. Inspection steps of the inspection line include:

a) Step 1: Preparing vehicle dossier and performing identification and general inspection;

b) Step 2: Inspecting the upper part of vehicle;

c) Step 3: Inspecting brake and longitudinal wheel slip;

d) Step 4: Environmental inspection;

d) Step 5: Inspecting the lower part of vehicle.

Chapter III

ASSESSMENT OF INSPECTOR’S COMPETENCE

Article 7. Assessment of inspector’s competence

1. Vietnam Register shall organize the assessment of performance of 05 inspection steps of the inspection line in order to issue certificate of inspector to qualified persons.

2. Vietnam Register shall organize the assessment of performance of 3 inspection steps of the inspection line in order to issue certificate of inspector to qualified persons. If assessment result is failed, the organization or individual may, after 06 months from the assessment date, request Vietnam Register to conduct the re-assessment according to contents specified in Clause 1 of this Article.

3. In case of assessment for re-issuance of certificate of inspector, an inspector is successful if he/she is assessed as "passed" at 03 inspection steps or more. If assessment result is failed, the registration unit may, after 01 month from the assessment date, request Vietnam Register to conduct the re-assessment according to contents specified in Clause 1 of this Article.

4. If an inspector is assessed as passed but not at 05 inspection steps, the registration unit may, after 06 month from the latest assessment date, request Vietnam Register to conduct an additional assessment of failed inspection steps.

5. The inspector shall only conduct inspection steps stated in his/her certificate of inspector.

Article 8. Assessment of senior inspector’s competence

1. Vietnam Register shall conduct an assessment for issuance of certificate of senior inspector according to the inspection line with respect of the following contents: inspecting 05 steps, structural analysis and evaluation, diagnosis of technical status and damage of parts, systems or fittings of motor vehicle, causes thereof and remedial measures.

2. In case of assessment for first issuance of certificate of senior inspector, an inspector is assessed as passed if he/she passes all of assessed contents stated in Clause 1 of this Article. If assessment result is failed, the registration unit may, after 06 month from the assessment date, request Vietnam Register to conduct the re-assessment according to the contents specified in Clause 1 of this Article.

3. In case of assessment for re-issuance of certificate of senior inspector, an inspector is assessed as passed if he/she passes all of assessed contents stated in Clause 1 of this Article. If assessment result is failed, the registration unit may, after 01 month from the assessment date, request Vietnam Register to conduct the re-assessment according to the contents specified in Clause II of this Article.

4. In case the assessment results shows that a senior inspector fails to satisfy all of eligibility requirements for re-issuance of certificate of senior inspector but satisfies all of eligibility requirements for issuance of certificate of inspector, the registration unit shall have the right to request Vietnam Register to issue the certificate of inspector and may, after a period of at least 12 months, request Vietnam Register to conduct a re-assessment for re-issuance of certificate of senior inspector according to contents prescribed in Clause 1 of this Article.

Article 9. Working period at registration unit

Working period of an inspector is calculated as from the time when he/she performs the following works: directly conducting the motor vehicle inspections; instructing trainee inspectors; conducting assessment for issuance of certificates of inspectors; conducting inspection and assessment for issuance of certificate of eligibility for provision of motor vehicle inspection services.

Article 10. Assessors of inspector’s competence

Assessors of inspector’s competence are inspectors who officially work at Vietnam Register, have at least 05 years’ inspection experience and are designated by the Director of Vietnam Register.

Chapter IV

INSPECTION AND ASSESSMENT OF OPERATING CONDITIONS AND MAINTENANCE OF ELIGIBILITY TO PROVIDE MOTOR VEHICLE INSPECTION SERVICES

Article 11. Establishment of registration unit

1. Before establishing a registration unit, the organization that has the plan to establish such registration unit must come to an agreement with Vietnam Register upon the following contents:

a) Location of registration unit (address, origin and purpose of land use);

b) Arrangement of inspection line and installation of inspection facilities at inspection workshop, parking lot and internal roads of the registration unit;

c) List of inspection equipment and devices (specify brand, origin and technical specifications);

d) Code of the registration unit;

dd) Expected time of starting inspection operations.

2. After obtaining unanimous agreement, Vietnam Register shall send a written notification of agreed contents to the organization that is going to establish the registration unit. If there is any change in the agreed contents in course of establishment or operation of the registration unit, the organization establishing the registration unit or the registration unit must send a written notification of such change to Vietnam Register.

3. The organization establishing the registration unit must perform the establishment of the registration unit in compliance with regulations in the Decree No. 63/2016/ND-CP and other relevant laws.

4. Upon the completion of establishment and installation of technical facilities, the registration unit shall submit an application for certificate of eligibility for provision of motor vehicle inspection services in compliance with regulations in Article 21 of the Decree No. 63/2016/ND-CP in which the list of position holders working at the registration using shall be made using the template provided in the Appendix 4 enclosed herewith and the list of inspection equipment and devices, and information technology equipment shall be made using the template provided in the Appendix 5 enclosed herewith.

5. In case the registration unit has change in personnel or inspection equipment causing effects on the licensed quantity of inspection lines or its location, business premises or inspection workshop, or arranges inspection lines other than those specified in its certificate of eligibility, such registration unit must submit application for inspection and assessment of changed contents for re-issuing certificate of eligibility for provision of motor vehicle inspection services.

Article 12. Contents to be inspected and assessed for determining and maintaining eligibility to provide motor vehicle inspection services

1. Area of premises of the registration unit: Inspection and assessment results must be recorded using the template provided in the Appendix 6 enclosed herewith.

2. Inspection workshop: Inspecting minimum area for vehicle movement of the inspection workshop (distance between two inner faces of the walls of the inspection workshop including one inspection line), the distance between centers of two adjacent inspection lines, the distance between the center of the outermost inspection line and inner face of the workshop's wall; Inspection and assessment results must be recorded using the template provided in the Appendix 6 enclosed herewith.

3. Offices, parking lot and internal roads: Inspection office, waiting lounge, parking lot, the width of internal road; Inspection and assessment results must be recorded using the template provided in the Appendix 6 enclosed herewith.

4. Inspection equipment and devices: Inspecting quantity, categories, brand, accuracy, calibration time, rationality of arrangement of inspection equipment and devices according to inspection procedure, control software, installation of assessment standards, establishment of measurement procedure, data transmission; Inspection and assessment results must be recorded using the template provided in the Appendix 7 enclosed herewith.

5. Information technology equipment and other facilities: Inspecting quantity and arrangement of such equipment according to the inspection procedure; versions of licensed inspection software, installation of assessment standards, data transmission, and storage capacity, ability to receive registered inspection information; Inspection and assessment results must be recorded using the template provided in the Appendix 6 enclosed herewith.

6. Personnel

a) Inspecting recruitment documents, labour contracts, decisions on certification of inspectors, certificates of completion of training course for inspection staff, decisions on appointment of line managers, and head of the registration unit.

b) Summarized assessment of the compliance with inspection procedures and relevant regulations of each person by means of inspection and assessment results of contents mentioned in Clauses 7, 8 and 9 of this Article and mistakes occurring in the assessment period (if any); Inspection and assessment results must be recorded using the template provided in the Appendix 8 enclosed herewith.

c) Conducting inspection and assessment of inspectors; Inspection and assessment results must be recorded using the template provided in the Appendix II of Decree No. 63/2016/ND-CP.

7. Performance of inspection procedures: Assessing operation of the line, the compliance with inspection procedures and relevant regulations, and quality of inspection works of inspectors and the registration unit; Inspection and assessment results must be recorded using the template provided in the Appendix 8 enclosed herewith.

8. Documents and data (for inspection and assessment of maintenance of eligibility): Assessing the compliance with relevant regulations on inspection works of employees and the registration unit by means of inspection of retained documents and data; Inspection and assessment results must be recorded using the template provided in the Appendix 9 enclosed herewith.

9. Logbooks, reports, management and use of printed inspection matters: Assessing the compliance with relevant regulations on inspection works of employees and the registration unit by means of inspection of the opening of logbooks and recording, periodical reports, and management and use of printed inspection matters; Inspection and assessment results must be recorded using the template provided in the Appendix 10 enclosed herewith.

10. Other contents: Regulated templates and notices, cameras for taking pictures of vehicles entering for inspection; IP cameras for monitoring inspection activities and storing pictures; system of receiving registration for inspection; static IP address. Inspection and assessment results must be recorded using the template provided in the Appendix 6 enclosed herewith.

11. Inspection and assessment results must be recorded using the template provided in the Appendix IV of Decree No. 63/2016/ND-CP on the basis of consolidation of inspection and assessment records made by members of the inspection team.

Article 13. Retention of inspection and assessment dossier

1. The inspection and assessment dossier for issuance of certificate of eligibility to provide motor vehicle inspection services shall be made into 02 sets, among which 01 set is kept by the registration unit and the other is retained by Vietnam Register to use as the basis of inspection and assessment of maintenance of eligibility to provide motor vehicle inspection services.

2. The inspection and assessment dossier of maintenance of eligibility to provide motor vehicle inspection services shall be made into 02 sets, among which 01 set is kept by the registration unit and the other is retained by Vietnam Register, and shall be destroyed after 03 years.

Chapter V

IMPLEMENTATION

Article 14. Responsibility of Vietnam Register

1. Perform state management of registration units nationwide within its competence.

2. Review, propose and report amendment to the master plan for registration unit network, establishment and operation of registration units to the Ministry of Transport in accordance with applicable regulations.

3. Organize and provide training for inspectors and inspection staff.

4. Formulate the plan for periodical inspection and assessment of registration units and publish it on the website of Vietnam Register.

Article 15. Responsibility of Provincial Departments of Transport

Each Provincial Department of Transport shall:
1. Perform state management of registration units in the province under its management.

2. Organize inspection of operation of registration units in the province.

3. Request Vietnam Register to suspend certificates of inspector or certificates of eligibility to provide motor vehicle inspection services of unqualified individuals or registration units in the province.

4. Publish the list of registration units that are granted or have certificates of eligibility to provide motor vehicle inspection services suspended in the province on its website.

Article 16. Responsibility of registration units

Each registration unit shall:

1. Send report to Vietnam Register on any change in the number of inspectors, line managers, head of registration unit or inspection equipment.

2. Inspect, maintain and repair inspection equipment and devices in order to guarantee the accuracy and their operating status in compliance with regulations. Any suspension of inspection equipment or line must be reported to Vietnam Register and the Provincial Department of Transport.

3. Formulate annual training plan for its inspectors and inspection staff.

4. Prepare report on inspection activities in the period using the template provided in the Appendix 11 enclosed herewith and send it to Vietnam Register before each periodical inspection and assessment of maintenance of eligibility to provide motor vehicle inspection services.

5. Review and formulate plans for remedying unsuitable contents in order to maintain the eligibility to provide motor vehicle inspection services as regulated in the Decree No. 63/2016/ND-CP

Article 17. Effect

This Circular shall come into force as from March 15, 2017 and supersede the following documents:

1. The Circular No. 27/2013/TT-BGTVT dated September 24, 2013 of Minister of Transport providing for standards, duties and power of leaders and employees of motor vehicle inspection centers.

2. The Circular No. 72/2014/TT-BGTVT dated December 12, 2014 of Minister of Transport on amendments to the Circular No. 27/2013/TT-BGTVT dated September 24, 2013 of Minister of Transport providing for standards, duties and power of leaders and employees of motor vehicle inspection centers.

3. The Circular No. 11/2009/TT-BGTVT dated June 24, 2009 of Minister of Transport providing for eligibility requirements to be satisfied by motor vehicle inspection centers.

4. The Circular No. 59/2013/TT-BGTVT dated December 30, 2013 of Minister of Transport introducing regulations on the establishment and operation of motor vehicle inspection centers.

Article 18. Implementation organization

Chief of the Ministry's Office, Chief Inspector of the Ministry, Directors of Departments affiliated to the Ministry, Director of Vietnam Register, Directors of Departments of Transport of provinces or central-affiliated cities, heads of relevant agencies/ organizations and relevant individuals shall be responsible for implementing this Circular./.