Thông tư 29/2012/TT-BGTVT

CIRCULAR

REGULATIONS ON RENOVATION OF MOTORIZED MEANS OF ROAD TRANSPORTATION

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

Pursuant to Decree No. 51/2008/ND-CP dated May 22, 2008 04 of the Government regulating functions, duties, power and organizational structure of the Ministry of Transport;

At the proposal of the Director of Department of Science - Technology;

The Minister of Transport issues the Circular stipulating the renovation of motorized means of road transportation;

Chapter 1.

GENERAL REGULATION

Article 1. Scope of application

1. This Circular stipulates the renovation of motorized means of road transportation (hereafter referred to as motorized vehicle) having registration number plate or used and permitted for import.

2. This Circular is not applicable to the following motorized vehicles:

a) Motorcycle and moped

b) Motored vehicle being renovated for use for purpose of national defense and security of the Ministry of Defense and Ministry of Public Security.

Article 2. Subject of application

This Circular is applicable to organizations and individuals relating to the activity of renovation of motored vehicle.

Article 3. Explanation of terms

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

1. Motored vehicle is the types of means of transportation operating on road (except for motorbike and moped) and defined in Vietnam Standards TCVN 7271 – Means of road transportation – Motorbike – Classification according to the use purpose including chassis car.

2. Components are the engine, chassis, cab, body or cargo container and special-use equipment mounted on vehicles.

3. System is a power transmission system, motion systems, suspension system, braking system, steering system, fuel system, electrical system, lighting and signal system.

4. Renovation of motored vehicle is changing the structure, shape, layout, working principle, parameters and technical characteristics of a part or the whole system, components of motored vehicle. In case of replacement of systems and components by other systems and components of the same type, the same manufacturer (the same spare part code) shall not be regarded as renovation.

5. Original motored vehicle is the motored vehicle without any change of the structure, shape, layout, working principle, parameters and technical characteristics of the whole system and component compared with the initial state of the manufacturer.

6. Passenger car is the car equipped with a structure and equipment used to carry people and luggage.

7. Design assessment Agency is Services of Transport and Vietnam Registry Department.

8. Design facility is an organization that carries on business of motored vehicle design services.

9. Renovation performance facility is an organization performing the renovation of motored vehicle and meets the conditions as prescribed.

10. Design assessment is the review, checking and comparison of the contents of the dossier of design and renovation of motored vehicle to meet the standards, technical regulations and the relevant regulations.

11. Acceptance of renovated motorized vehicle is the assessment of the motored vehicle that have been renovated according to the design documents assessed to ensure the requirements on quality and technical safety and environmental protection.

Article 4. Regulations on renovation of motored vehicle

Motored vehicle after being renovated must meet the standards, technical regulations, regulations, fulfill the requirements on quality and technical safety and environmental protection for the motored vehicle in traffic and must ensure the compliance with the following provisions:

1. Not permitted to change the purpose of use (utility) for motored vehicle having the using time of over 15 years, from the production year of automobiles to the time of assessment of design and renovation.

2. Not permitted to renovate imported automobiles within 05 years and imported frozen truck within 03 years from the date of issue of registration number plate.

3. Not permitted to renovate other automobiles into passenger automobiles.

4. Not permitted to renovate passenger cars into truck of various types except for the case of renovation of passenger cars of less than 16 seats (including the driver) into van.

5. Not permitted to renovate the tractor automobile into truck (except for special-use truck)

6. Not permitted to renovate and change tire size, number of axles and wheel track of the automobiles.

7. Not permitted to renovate and change the basic length of truck, even renovating truck into truck of different type and vice versa (except for special-use truck and the case of renovation back to original motored vehicle)

8. Not permitted to renovate to increase the length, width and height of truck cargo tank (except for special-use truck). In case of renovated and installed into a close container, adding frame and hood for goods protection from sunlight and rain, the entire height of the vehicle after renovation must meet the national technical standards QCVN 09: 2011/BGTVT - National technical regulations on quality and technical safety and environmental protection for automobiles.

9. Not permitted to renovate to increase the length, width and height of truck cargo tank of dump truck. If renovated to decrease the size of the cargo tank, the containing volume of the cargo tank must ensure to fulfill the following formula:

In which:

- V: Containing volume of cargo container (m³)

- Q: Design capacity (ton)

10. The entire weight of the motored vehicle after renovated must ensure:

a) For passenger automobile: No larger than the entire weight corresponding to the largest seating capacity in accordance with regulation of the manufacturer.

b) For truck: No larger than the largest entire weight of the original automotive and not exceeding a gross weight allowed to participate in traffic.

11. No using the systems, components that have been used in the renovation of motored vehicle, except motor components, and specialized equipment. The lifting equipment, cisterns carrying dangerous goods must have certificate of quality and technical safety of cargo handling equipment, boilers, pressure equipment used in the transportation under the provisions of Circular No. 35 / 2011/TT-BGTVT dated May 6, 2011 of the Minister of Transport stipulating regulations on procedures for granting certificate of quality and technical safety of cargo handling equipment, boilers, pressure equipment used in the transportation.

12. During the course of using, each motored vehicle is only renovated and changed one of the two main components as the engine or frame and no more than three of the six systems and components as follows:

a) The power transmission including clutch, gearbox, Cardan axle and main power transmission;

b) The motion system including wheels and rigid axle;

c) Suspension system;

d) Braking system;

dd) Steering wheel;

e) Cab, body or container

13. The renovation of a system and component if resulting in impacting the working properties of the related systems and components must be considered and calculated in detail and must be regarded as improving the entire related systems and components.

Chapter 2.

DESIGN AND ASSESSMENT OF DESIGN

Article 5. Dossier of design of renovated motored vehicle

Dossier of design of renovated motored vehicle including:

1. Explanation of the technical design of renovated motored vehicle includes the following:

a) Introduction of renovation purposes.

b) Technical properties of the motored vehicle before and after renovation;

c) Contents to perform renovation and steps of performance technology.

d) Calculation of kinetic and dynamic characteristics, related to the renovation contents;

dd) Calculation and testing of the strength of the details related to the renovation contents;

e) Necessary instructions for the use of motored vehicle after renovation;

g) Conclusion;

h) Index;

i) Reference materials in the designing process

2. Technical drawing including:

a) General arrangement drawing of motor vehicle before renovation;

b) General arrangement drawing of motor vehicle after renovation;

c) Drawing of system component installation to be renovated or replaced;

d) Engineering drawing must be presented in accordance with the current standards and regulations.

3. The parameters and technical properties of the components and newly-purchased systems related to content of design calculation (certified copy or copy with certification of the design facility).

Article 6. Exemption from preparation of design dossier of renovated motored vehicle

The renovated motored vehicle exempted from preparation of design dossier of renovated motored vehicle:

1. The common trucks are renovated the container, installation of frame and hood according to sample design and vice versa.

2. Automobiles of driving practice and testing are installed the minor brake pedal by linking with the main brake pedal via a mechanical drive spar and vice versa.

3. Installation of dustproof lids for dump trucks.

Article 7. Assessment of renovated motored vehicle

1. Dossier of design of renovated motored vehicle  must be assessed by the design assessment Agency and granted the Certificate of design assessment of renovated motored vehicle  under the form prescribed in Annex 1 of this Circular. The effect of the Certificate of design assessment of renovated motored vehicle  is 12 months from the signing date.

2. The official assigned to assess the design of the design assessment Agency must be an automotive mechanical engineer having certificate of professional training participation on the work of renovation of motored vehicle under the form prescribed in Appendix II of this Circular.

3. In case the Services of Transport are not eligible to perform the design assessment, then the Vietnam Register Department shall do that.

4. Dossier to request the design assessment including:

a) Written request for design assessment (the original) under the form prescribed in Appendix III of this Circular.

b) 04 sets of dossier and component according to the provisions of Article 5 of this Circular.

c) Certificate of business registration (certified copy) of the design facility for the case of first design assessment.

d) The certified copies or copies with the certification of the design facility: Automobile registration certificate, certificate of title transfer and moving (for case of carrying out procedures for title transfer and moving), certificate of quality and technical safety and environmental protection of imported motored vehicle  (for second-hand motored vehicle  permitted for import)

dd) Technical materials of the renovated motored vehicle .

5. Order and procedure for design assessment

a) The organizations and individuals shall prepare 01 set of dossier to request the design assessment as prescribed and directly submit or via post to the design assessment Agency.

b) The design assessment Agency shall receive and check the components of dossier; if the dossier is incomplete as prescribed, it shall make guidance on supplementation and completion to the organizations and individuals. If the dossier is complete as prescribed, a written appointment shall be made for returning the result of dossier of design assessment.

c) The design assessment Agency shall conduct the design assessment; if the dossier of design does not meet requirements, it shall ask for supplementation and modification. If the dossier of design meets requirements, it shall grant the Certificate of design assessment of renovated motored vehicle.

d) Organizations and individuals can submit dossier and get the results directly at the headquarters of the design assessment Agency or through the postal system;

e) Within 10 working days after receiving complete dossier of design, the design assessment Agency shall grant the Certificate of design assessment of renovated motored vehicle if the dossier meets the requirements or notify the organizations and individuals of the incompletion of the dossier.

6. Dossier of design after being granted Certificate of design assessment of renovated motored vehicle  shall be kept at the design assessment Agency and sent to the following agencies: Renovation design facility, renovation performance facility and the inspection and acceptance Unit of renovated motored vehicle .

7. When there are standards, technical regulations, newly-issued regulations or amendments before the date of assessment of the design, the design assessment Agency, the inspection Unit must inform and guide the design facilities to supplement and modify the new dossier of design.  

Article 8. Responsibilities for assessment of renovated motored vehicle .

1. The Services of Transport shall be responsible for assessing the renovation designs for motored vehicle having registered the number plates of localities under regulations as follows:

a) Renovating and installing systems and components: chassis, power transmission, suspension, cab, body, cargo container, electrical system, light and signal systems of:

- Truck (in the list from 3.2.1 to 3.2.9 of TCVN 7271);

- Truck specially used for transport of construction machines (Section 3.2.10.2 of TCVN 7271);

- Semi-trailers and trailers;

- Passenger cars of up to 25 seats (including the driver).

b) Installing additional special-use equipment to serve the loading and unloading and freight for common truck; installing seats on the cargo container of truck of driving practice and testing;

c) Renovating passenger cars into ambulances and funeral cars;

d) Renovating passenger cars of 16 seats (including the driver) or under into vans;

dd) Renovating and replacing the engine of different type of common trucks, dump trucks, trucks specially used for transport of construction machines, passenger cars with 25 seats (including the driver) must ensure the replaced engine to have the largest capacity, the number of spins corresponding to maximum power, maximum torque, with the change of less than 10% of reduction and change of no more than 15% of increase.

2. The Vietnam Register Department is responsible for assessing the renovation designs as follows:

a) Renovation of systems and components of:

- Special use automobiles, tractor automobiles and special use trucks

- Passenger cars with 25 seats (including the driver)

b) Renovating the change of steering system, braking system, fuel systems of motored vehicle;

c) Automobiles of all kinds are renovated into a special use trucks, special use cars, tractor automobiles and vice versa; common semi-trailers and trailers into semi-trailers, special use trailers and vice versa ;

d) Assessing the design of renovation of motored vehicle in case the Services of Transport are not eligible for design assessment.

Chapter 3.

PERFORMANCE OF RENOVATION OF MOTORED VEHICLE , ACCEPTANCE AND GRANTING OF CERTIFICATE OF QUALITY AND TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION OF RENOVATED MOTORED VEHICLE .

Article 9. Performance of renovation

1. The performance of renovation of motored vehicle must be done at manufacturing facilities with adequate legal entity and registration of business line of renovation of motored vehicle in conformity with regulations of the law.

2. The performance of renovation of motored vehicle must be done in accordance with the design assessed to ensure the requirements on the quality and technical safety and environmental protection.

3. Motored vehicle after factory renovation must be checked by the performance facility to ensure the product quality. The result of the checking shall be made the Record of factory acceptance of renovated motored vehicle under the form in Annex IV of this Circular.

Article 10. Acceptance motored vehicle after renovation

1. Motored vehicle after renovation under the design assessed must be accepted and granted Certificate of quality and technical safety and environmental protection of renovated motored vehicle.

2. The acceptance of renovated motored vehicle shall be done at inspection Units of motored vehicle directly under the Services of Transportation, Vietnam Register Department. The acceptance component of renovated motored vehicle  including the Head of Inspection unit, registrars with Certificate of participation in professional training on the work of renovating motored vehicle  under the form prescribed in Annex II of this Circular and of the vehicle renovation performance Facility.

3. For the case of renovation of chassis of passenger cars, each part must be checked and accepted according to the design at the performance facility.

4. Dossier of acceptance of renovated motored vehicle including:

a) The written request for quality checking of renovated motored vehicle  under the form prescribed in Appendix V of this Circular. For the case specified in Clause 3 of this Article, the performance facility must register to check and accept each part with the inspection Unit that shall perform the acceptance and grant the Certificate of quality and technical safety and environmental protection of the renovated motored vehicle.

b) The Certificate of business registration (certified copy) of the renovation performance facility for the case of first quality checking.

c) The design that has been assessed;

d) The certified copy or copy with certification of the performance facility: Automobile registration Certificate, Certificate of title transfer and moving (for case of carrying out procedures for title transfer and moving), certificate of quality and technical safety and environmental protection of imported motored vehicle (for second-hand motored vehicle permitted for import)

dd) The photo of design, systems, and renovated components of motored vehicle  after renovation.

e) The record of factory acceptance of the renovated motored vehicle;

g) The Certificate for special equipment and special-use equipment as prescribed.

5. The checking equipment: The checking of quality and technical safety and environmental protection of renovated motored vehicle must use appropriate equipment and checking equipment in order to check the items, systems and components related to the renovation contents as prescribed.

6. The acceptance result shall be recorded in the Record of checking of quality and technical safety and environmental protection of renovated motored vehicle under the form prescribed in Annex VI of this Circular.

7. The acceptance of renovated motored vehicle with the same brand, serial number, engine, the basic sizes, weight and performance of the same design with motored vehicle  granted certificate of quality and safety technical and environmental protection of renovated motored vehicle  is only done at the Inspection Unit that has accepted the first product. The dossier of acceptance includes:

a) The written permission of the design assessment Agency.

b) The complete dossier of renovation acceptance as prescribed at Point a, d, dd, e and g, Clause 4 of this Article.

Article 11. Granting Certificate of quality and technical safety and environmental protection of renovated motored vehicle

1. Motored vehicle  after renovated and accepted for standards, technical regulation and current regulations shall be granted Certificate of quality and technical safety and environmental protection of renovated motored vehicle  under the form prescribed in Annex VII of this Circular.

2. Certificate of quality and technical safety and environmental protection of renovated motored vehicle includes two sheets granted to vehicle owner to carry out procedure for inspection and number plate registration.

3. The effective time limit of the Certificate of quality and technical safety and environmental protection of renovated motored vehicle is 06 months from the signing date. In case the vehicle owner let the validity period pass or loses Certificate, he must take the vehicle to the inspection Unit that has accepted for checking and re-granting the Certificate.

Article 12. Order and procedure for granting Certificate of quality and technical safety and environmental protection of renovated motored vehicle

1. Organizations and individuals shall complete 01 set of dossier as prescribed in Clause 4 of Article 10 and directly submit or through postal system to the inspection and renovation acceptance Unit.

2. The inspection Unit shall receive and check the dossier: If the dossier is incomplete as prescribed, the organization or individual shall be guided for supplementation and completion; If the dossier is complete as prescribed, the organization or individual shall be appointed the time for checking the renovated motored vehicle at the inspection Unit.

3. The inspection Unit shall perform the acceptance of renovated motored vehicle. If the vehicle is not satisfactory, the Unit shall guide the organization or individual for remedy. If the vehicle is satisfactory, the Unit shall grant the Certificate to the organization or individual

 4. The organization or individual can submit dossier and receive the result directly at the headquarters of the inspection Unit or through postal system.

5. The time limit for granting Certificate of quality and technical safety and environmental protection of renovated motored vehicle to the organization or individual is 05 working days from the date of completion of satisfactory checking.

Chapter 4.

RESPONSIBILITIES FOR IMPLEMENTATION

Article 13. Responsibilities of Vietnam Register Department

1. Organizing and guiding the technique and inspecting the implementation of this Circular.

2. Developing, managing and guiding and using the software program to manage work of renovation of motored vehicle; managing data of renovated motored vehicle of the design assessment Agency

3. Assessing and granting Certificate of quality and technical safety and environmental protection of renovated motored vehicle as prescribed in this Circular.

4. Issuing and publishing the sample designs to truck with renovated cargo container and installation of framework and hood

5. Organizing the training and issuing Certificate to have participated in the professional training on the work of renovation of motored vehicle to officials and registrars performing work of renovation of motored vehicle.

6. Uniformly issuing, managing, guiding and checking the rough draft of Certificate of quality and technical safety and environmental protection of renovated motored vehicle  

7. Synthesizing the result of performance of work of motored vehicle renovation to periodically report to the Ministry of Transportation.

Article 14. Responsibilities of Services of Transportation

1. Arranging official to perform assessment of design and grant the Certificate of design assessment of renovated motored vehicle as prescribed in this Circular.

2. Guiding the design facilities at locality to properly implement the provisions in this Circular.

3. Making report, keeping dossier and using management software of renovated motored vehicle as prescribed. Sending list of registrars to Vietnam Register Department.

Article 15. Responsibilities of motored vehicle inspection Units

1. Performing the acceptance and granting Certificate of quality and technical safety and environmental protection of the renovated motored vehicle prescribed in this Circular.

2. Using the rough draft of Certificate and the management software of renovated motored vehicle as prescribed

3. Transmitting data and periodically sending report before the 5^th date monthly concerning the acceptance and use of rough draft of Certificate under the form in Annex VIII of this Circular to Vietnam Register and Service of Transportation.

4. Having responsibilities to make report and provide adequate dossier and data for periodical checking, irregular checking of the work of motored vehicle renovation.

Article 16. Fee and charge

The design assessment agency and inspection and renovation acceptance Unit are entitled to collect fee and charge in accordance with current regulations.

Article 17. Dossier keeping

1. The design assessment dossiers are kept at the design assessment Agency.

2. The acceptance dossier and copy of Certificate of quality and technical safety and environmental protection of renovated motored vehicle shall be kept at the inspection and renovation acceptance Unit.

Chapter 5.

EFFECT AND IMPLEMENTATION ORGANIZATION

Article 18. Effect

1. This Circular shall take effect on October 01, 2012 and annul the following documents:

a) Decision No.15/2005/QD-BGTVT dated February 15, 2005 of the Minister of Transportation issuing regulations on renovation of motorized means of road transportation;

b) Article 1 of Circular No. 37/2011/TT-BGTVT dated May 6, 2011 by the Ministry of Transport amending and supplementing some articles of the Regulation on renovation of motorized means of road transportation issued together with Decision No. 02 15/2005/QD-BGTVT dated February 15, 2005 stipulating the conditions for establishment and operation of the motor vehicles register Center, issued together with Decision No. 45/2005/QD BGTVT dated September 23, 2005, Circular No. 10/2009/TT-BGTVT dated June 24, 2009 stipulating the inspection of technical safety and environmental protection of motored means of road transportation and Circular No.22/2009/TT-BGTVT dated October 6, 2009 stipulating the procedures for inspection of technical safety and environmental protection of motored means of road transportation by the Minister of Transport;

c) The contents in other documents in contravention of the provisions in this Circular.

2. The certificates of quality and technical safety and environmental protection of the renovated motored vehicle have been granted before the effective date of this Circular are still valid to their expiry.

Article 19. Implementation organization

Chief of the Ministry Office, Chief Inspector of the Ministry, Directors of Departments, Director General of Vietnam Road, Director of the Vietnam Register Department, Directors of Services of Transport, Heads of agencies, organizations and individuals are liable to execute this Circular. /.