Thông tư 41/2011/TT-BGTVT

CIRCULAR

AMENDING AND SUPPLEMENTING SOME ARTICLES OF CIRCULAR NO. 23/2009/TT-BGTVT DATED OCTOBER, 2009 OF THE MINISTER OF TRANSPORTATION STIPULATING THE INSPECTION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION OF SPECIAL-USE VEHICLES

Pursuant to the Law on road traffic dated November 13, 2008;

Pursuant to the Law on product and goods quality dated July 21, 2007;

Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government stipulating in detail some articles of the Law on product and goods quality;

Pursuant to Decree No. 51/2008/ND-CPdated April 22, 2008 of the Government stipulating the functions, duties, powers and organizational structure of the Ministry of Transportation;

The Minister of Transportation hereby stipulates as follows:

Article 1. Amending and supplementing some articles of the Circular No. 23/2009/TT-BGTVT

1. Article 4 is amended as follows:

“Article 4. Inspection dossier

1. The inspection dossier for imported special-use vehicles is made into 01 set including the following documents:

a) The Certificate of registration for the inspection of quality, technical safety and environmental protection of imported special-use vehicles under the form prescribed in the Annex 2 of this Circular clearly specifying the chassis number, engine number and year of manufacture of each special-use vehicle;

b) The copy of declaration for imported goods with the certification of the importing organizations and inviduals;

c) The copy of the sale Invoice or equivalent document with the certification of the exporting organizations and inviduals;

d) The introductory material of the basic technical features of each type of special-use vehicle ( the original or certified copy of the importing organizations or individuals) or the Registration of technical parameters of imported special-use vehicles under the form prescribed in Appendix 11 of this Circular;

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

2. Exempted from submission of documents as specified at Point d, Clause 1 of this Article for special types of special-use vehicles that have been certified the satisfactory test result. The Vietnam Register is responsible for notification on its website on the list of types of special-use vehicles exempted from submission of the introductory material of the technical features or the Registration of technical parameters.”

2. The Article 4a is supplemented after the Article 4 as follows:

“Article 4a. Order and method of implementation

1. The organizations and individuals will complete a set of dossier as specified and directly submit to the Vietnam Register.

2. The Vietnam Register will receive and verify the dossier.

- If the dossier is incomplete, it will make guidance to the organizations or individuals for supplement and completion.

- If the dossier is complete, it will certify in the Certificate of registration for the inspection of quality, technical safety and environmental protection of imported special-use vehicles within 01 working day and agree on the time, location for actual inspection.

3. The Vietnam Register will conduct the actual inspection at the location as agreed with the importing orgnizations and individuals

4. Within a period of 05 working days from the end date of actual inspection and complete receipt of dossier as prescribed, the Vietnam Register will handle the result of inspection and grant the Notification of inspection exemption or the Certificate of quality, technical safety and environmental protection of imported special-use vehicles or the Notification of non-conformity of quality as specified in clause 1, 2 and 3 of Article 6 of this Circular.”

3. Article 7 is amended as follows:

 “Article 7. Dossier of design appraisal

Dossier of design appraisal is made into 01 set including:

1. Request for design appraisal of special-use vehicles under the form in Appendix 12 of this Circular.

2. Design dossier (03 sets):

a) For special-use vehicles manufactured and assembled including:

- Technical drawing: the overall drawing of special-use vehicles; the drawing and technical parameters of the components and systems domestically manufactured, the technical materials of the components and import system;

- The explanation and calculation: explaining the basic technical features of special-use vehicles; calculation and design of special-use vehicles.

b) For the renovated special-use vehicles including:

- The overall drawing of special-use vehicles before and after renovation;

- The drawing and technical materials of the components and system used for renovation

- The explanation and calculation relating to the renovation content

4. The Article 4 is supplemented after the Article 8 as follows:

“4. Order and method of implementation:

a) The design facility will complete the dossier of design appraisal as specified and directly submit or via postal system to the Vietnam Register.

b) The Vietnam Register will receive the dossier of design appraisal, verify the dossier components. If there are not sufficient components as specified, it will make guidance to the facility for completion; if the dossier of design appraisal has sufficient components as specified, then it will make a written appointment for the time of result response;

c) The Vietnam Register will implement the appraisal of the design: if the dossier of design appraisal does not meet the requirements, it will respond in writing to the facility for supplement and amendment, and if the dossier of design appraisal meets the requirements, it will grant the certificate of design appraisal to the facility as prescribed on clause 1, Article 11 of this Circular.

d) The facility of design will receive the result directly at the head office of Vietnam Register.”

5. Article 9 is amended as follows:

“1. Inspection dossier

a) Dossier components:

- Written request for inspection of special-use vehicles under the form in Annex 12 of this Circular;

- The dossier of special-use vehicles design manufactured and assembled appraised by the Vietnam Register

- The inspection dossier and acceptance of special-use vehicles manufactured and assembled of the manufacturing facility.

b) Number of dossier: 01 set

6. The clause 4 is supplemented after the clause 3 of Article 9 as follows:

“4. Order, time and method of implementation:

a) The organizations and individuals will complete the dossier as prescribed and submit directly or via the postal system to the Vietnam Register.

b) The Vietnam Register will receive and verify the dossier components. If there are not sufficient components as specified, it will guide the organizations and individuals to comple the dossier; if the dossier has sufficient components as specified, it will make a written appointment on the time and location for the inspection of special-use vehicles manufactured and assembled.

c) The Vietnam Register will conduct the actual inspection of special-use vehicles manufactured and assembled: if not passed, it will notify and guide the organizations and individuals for remedy; if passed, it will grant the Certificate of quality, technical safety and environmental protection of special-use vehicles manufactured and assembled as prescribed in clause 2, Article 11 of this Circular.

d) The Certificate of quality, technical safety and environmental protection of special-use vehicles manufactured and assembled is granted to the organizations and individuals within a period of 05 working days from the end date of satisfactory inspection.

dd) The organizations and individuals will receive the result directly at the head office of the Vietnam Register.

7. The clause 1 of Article 10 is amended as follows:

“1. Inspection dossier

a) Dossier components:

- Written request for inspection of special-use vehicles under the form in Annex 12 of this Circular;

- The material of special-use vehicles design appraised by the Vietnam Register

- The inspection dossier and acceptance of renovated special-use vehicles of the renovating manufacturing facility.

b) Number of dossier: 01 set

8. Clause 4 is supplemented after clause 3 of Article 10 as follows:

“4. Order, time and method of implementation:

a) The organizations and individuals will complete the dossier as prescribed and submit directly or via the postal system to the Vietnam Register.

b) The Vietnam Register will receive and verify the dossier components. If there are not sufficient components as specified, it will guide the organizations and individuals to comple the dossier; if the dossier has sufficient components as specified, it will make a written appointment on the time and location for the inspection of renovated special-use vehicles

c) The Vietnam Register will conduct the actual inspection of renovated special-use vehicles: if not passed, it will notify and guide the organizations and individuals for remedy; if passed, it will grant the Certificate of quality, technical safety and environmental protection of renovated special-use vehicles as prescribed in clause 2, Article 11 of this Circular.

d) The Certificate of quality, technical safety and environmental protection of renovated special-use vehicles is granted to the organizations and individuals within a period of 05 working days from the end date of satisfactory inspection.

dd) The organizations and individuals will receive the result directly at the head office of the Vietnam Register.

9. Article 12 is amended as follows:

“Article 12. Inspection dossier

1. The first inspection dossier includes:

a) The written request for granting the Book of technical safety and environmental protection of special-use vehicles (hereafter referred to as Inspection Book in general) used by the owners of the special-use vehicles as the sample as prescribed in Annex 13 of this Circular.

b) One of the following documents:

- The original of Notification of inspection exemption

- The original of Certificate of imported vehicles

- The copy of Certificate of vehicles manufactured, assembled and renovated;

- The copy of technical material with the introduction of the overall drawing and the basic technical features of the special-use vehicles or Registration of technical parameters of special-use vehicles made by the organizations and individuals (for the special-use vehicles not granted the Notification of inspection exemption or the Certificate of imported vehicles or the Certificate of vehicles manufactured, assembled and renovated;

2. Dossier of periodic inspection includes:

a) The written request for inspection for the special-use vehicles meeting the testing requirements at the location of the inspection unit under the form as prescribed in Annex 14 of this Circular;

b) Appraisal book (for presentation);

c) The special-use vehicle registration Certificate granted by the competent state agencies (for presentation);

10. Article 12a is supplemented after Article 12 as follows:

Article 12a. Order, time and method of implementation

1. The organizations and individuals will complete a set of inspection dossier as prescribed and directly submit to the inspection unit.

2. The inspection unit will receive and verify the dossier: If the dossier is incomplete as prescribed, it will make guidance to the organizations or individuals for supplement and completion. If the dossier is complete, it will make a written appointment for the actual inspection.

3. The inspection unit will conduct an actual inspection at the location required by the dossier applicant:If not passed, it will give response to the organizations and individuals; if passed, it will grant the Certificate of technical safety and environmental protection inspection as prescribed.

4. Method of implementation: Submitting dossier and receiving result directly at the inspection unit.

11. Amending and supplementing the Annexes as follows:

a) Amending the Annex 2. The form of Certificate of registration for the inspection of quality, technical safety and environmental protection of imported special-use vehicles

b) Supplementing Annexes 11, 12, 13 and 14:

- Annex 11. The form of Registration of technical parameters of imported special-use vehicles

- Annex 12. The form of written request for appraisal of design/inspection of special-use vehicles;

- Annex 13. The form of written request for the Book of technical safety and environmental protection of special-use vehicles;

- Annex 14. The form of written request for inspection of technical safety and environmental protection of special-use vehicles;

Article 2. Effect and implementation liability

1. This Circular will take effect after 45 days from its signing date. Annulling the Circular No. 19/2010/TT-BGTVT dated July 30, 2010 of the Minister of Transport on amendment and supplement of some articles of the Circular No. 23/2009/TT-BGTVT dated October 15, 2009 of the Minister of Transport.

2. The Chief of Ministry Secretariat, Chief Inspector of Ministry, Directors of Departments, Director of Vietnam Register, Heads of agencies, organizations and individuals concerned are liable to execute this Circular.