Thông tư 08/2023/TT-BGTVT của Bộ Giao thông Vận tải sửa đổi, bổ sung một số điều của Thông tư 16/2021/TT-BGTVT ngày 12/8/2021 của Bộ trưởng Bộ Giao thông Vận tải quy định về kiểm định an toàn kỹ thuật và bảo vệ môi trường phương tiện giao thông cơ giới đường bộ

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 16/2021/TT-BGTVT DATED AUGUST 12, 2021 OF THE MINISTER OF TRANSPORT ON TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION INSPECTION OF ROAD MOTOR VEHICLES

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

Pursuant to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government on functions, tasks, powers, and organizational structures of the Ministry of Transport;

At request of Director of Science -Technology and Environment Department and Director of Vietnam Register,

Minister of Transport promulgates Circular on amendments to Circular No. 16/2021/TT-BGTVT dated August 12, 2021 of the Minister of Transport on technical safety and environmental protection inspection of road motor vehicles.

Article 1. Amendments to Circular No. 16/2021/TT-BGTVT dated August 12, 2021 of the btgtvta3 on technical safety and environmental protection inspection of road motor vehicles (hereinafter referred to as “Circular No. 16/2021/TT-BGTVT”) and Circular No. 02/2023/TT-BGTVT dated March 21, 2023 of the Minister of Transport on amendments to Circular No. 16/2021/TT-BGTVT (hereinafter referred to as “Circular No. 02/2023/TT-BGTVT”)

1. Addition of Clause 13 to Article 3 of Circular No. 16/2021/TT-BGTVT:

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2. Amendment to Clause 5 Article 7 of Circular No. 16/2021/TT-BGTVT:

“5. If a motor vehicle undergoes re-inspection in the same day at the same register authority, the register authority shall only inspect unqualified work items. If work items relating brake or steering system do not qualify, the entire corresponding brake or steering system must also undergo re-inspection. If re-inspection takes place in different days or by different register authority, all work items must undergo re-inspection.”.

3. Amendment to Point d Clause 1 Article 8 of Circular No. 16/2021/TT-BGTVT (amended by Point a Clause 3 Article 1 of Circular No. 02/2023/TT-BGTVT):

“d) In regard to motor vehicles eligible for exemption from initial inspection, register authority shall rely on dossiers provided by vehicle owners to examine adequacy and legitimacy in accordance with Clause 1 Article 6 hereof and look up vehicle information on websites of the Vietnam Register. If a motor vehicle has not been issued with initial certificate of inspection and/or seal of inspection, register authority shall issue certificate of inspection and/or seal of inspection and update as “Vehicle exempt from initial inspection” on website of the Vietnam Register. If a motor vehicle has been issued with initial certificate of inspection and/or seal of inspection, the vehicle shall not be issued with additional certificate of inspection and seal of inspection.

If only notice on issue date of vehicle registration is issued to a motor vehicle eligible for exemption from initial inspection, register authority shall issue initial inspection seal and notice on date of returning inspection certificate to vehicle owners using form under Appendix VII attached hereto. When vehicle owners present documents relating to vehicle registration (original copies of vehicle registration issued by competent authority or original copies of proof of retention of original vehicle registration as pledge (together with copies of vehicle registration) issued by credit institutions or copies of vehicle registration verified by financial leasing institutions), register authority shall photocopy the vehicle registration or original copies of proof of retention of original vehicle registration as pledge (together with copies of vehicle registration) issued by credit institutions or copies of vehicle registration verified by financial leasing institutions for storage in vehicle dossiers, inspection documents and return inspection certificate. If a motor vehicle has been issued with initial certificate of inspection and/or seal of inspection, the vehicle shall not be issued with additional certificate of inspection and seal of inspection.

In regard to motor vehicles of which inspection is required, register authority shall carry out inspection in accordance with Clause 2 and Clause 3 of this Article and take photos of the vehicles for storage (photos of the vehicles must depict the time in which the photos are taken) as follows: 2 overall photos that clearly show license plate of motor vehicle (1 photo taken from a 45-degree angle to the front of the vehicle and 1 photo taken from the rear maintaining a 45-degree angle to the vehicle); photo of vehicle chassis number; 2 photos of the undercarriage (1 photo taken from the front and 1 photo taken from the rear) except for passenger motor vehicles of up to 9 seats.”

4. Amendment to Point a Clause 1 Article 9 of Circular No. 16/2021/TT-BGTVT (amended by Point b Clause 4 Article 1 of Circular No. 02/2023/TT-BGTVT); amendment to Clause 6 Article 9 of Circular No. 16/2021/TT-BGTVT:

a) Amendment to Point a Clause 1 Article 9 of Circular No. 16/2021/TT-BGTVT (amended by Point b Clause 4 Article 1 of Circular No. 02/2023/TT-BGTVT):

“a) Inspection certificate and inspection seal issued to motor vehicles must bear the same serial number, be printed from inspection management program on templates issued jointly by the Vietnam Register, contain details that conform to vehicle dossiers and data on inspection management program. In regard to motor vehicles whose license plates are in yellow with black lettering and contain any of the letters of A, B, C, D, E, F, G, H, K, L, M, N, P, S, T, U, V, X, Y, Z, inspection certificate and inspection seal of a type for motor vehicles providing transport services shall be issued; for other cases, inspection certificate and inspection seal shall be issued in accordance with declaration of vehicle owners.”.

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“6. If register authority discovers that inspection certificate or inspection seal is fabricated or otherwise altered, the register authority must produce record of revocation of inspection certificate and inspection seal using form under Appendix XXI attached hereto, transfer to police authority, inform the Vietnam Register, and log information on the violation on websites of the Vietnam Register.”.

5. Amendment to Clause 1 Article 13 of Circular No. 16/2021/TT-BGTVT:

“1. During the interval between inspection periods, vehicle owners are responsible for maintaining, and repairing the vehicles in order to maintain technical conditions of their vehicles and assume legal liability for operating vehicles that do not meet technical safety and environmental protection standards on roads.”.

6. Addition to Clause 6 Article 14 of Circular No. 16/2021/TT-BGTVT:

“6. Facilitate search operations to verify effective period of inspection certificate, inspection seal using form under Appendix XX attached hereto; provide accounts for search operations verifying effective period of inspection certificate, inspection seal on websites of Vietnam Register to allow the authorities to patrol, control, take actions against violations, including cases relating to road motor vehicles.”.

7. Amendment to Clause 9, Clause 11, and addition of Clause 19 to Article 16 of Circular No. 16/2021/TT-BGTVT:

a) Amendment to Clause 9 Article 16 of Circular No. 16/2021/TT-BGTVT:

“9. Use Program for inspection management, initial inspection exemption, and equipment control software published by the Vietnam Register.”.

b) Amendment to Clause 11 Article 16 of Circular No. 16/2021/TT-BGTVT:

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c) Addition of Clause 19 to Article 16 of Circular No. 16/2021/TT-BGTVT:

"19. Issue warnings for vehicles that do not pass inspection and cases under Clause 6 Article 9 hereof and remove warnings for cases where vehicles pass re-inspection on website of the Vietnam Register.”.

Article 2. Annulment of Clauses and replacement of Appendices attached to Circular No. 16/2021/TT-BGTVT and Circular No. 02/2023/TT-BGTVT

1. Replace Appendices I, II, III, VI, XI attached to Circular No. 16/2021/TT-BGTVT (already replaced by Appendices I, II, III, IV, V of Circular No. 02/2023/TT-BGTVT) with Appendices I, II, III, IV, V attached hereto respectively.

2. Add Appendices XX, XXI to Circular No. 16/2021/TT-BGTVT in form of Appendices VI, VII attached hereto respectively.

3. Annul Clause 2 Article 3 of Circular No. 02/2023/TT-BGTVT.

Article 3. Entry into force and organizing implementation

1. This Circular comes into force from June 3, 2023.

2. Transition clauses

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b) If inspection certificate and inspection seal of passenger motor vehicles of up to 9 seats not for transport services (with up to 7 years of manufacturing time and from 13 years to 20 years of manufacturing time) are issued before March 22, 2023 and remain effective until July 1, 2024, the inspection certificate and inspection seal are allowed for use until the end of the period according to the interval specified under Appendix V hereof. Effective period of inspection certificate and inspection seal shall be verified by the Vietnam Register using form under Appendix VI attached hereto (electronic copies shall be digitally signed by the Vietnam Register and contain QR code leading to website of the Vietnam Register). Vehicle owners shall search on website of the Vietnam Register (https://giahanxcg.vr.org.vn), print written confirmation of effective period of inspection certificate and inspection seal. The written confirmation serves as an inseparable component of inspection certificate issued to facilitate road traffic as per the law;

c) Point b of this Clause does not apply to cases where inspection certificate and inspection seal expires before the effective date hereof.

3. Chief of the Ministry Office, Chief of Minister Inspectorate, Directors, Director of Vietnam Register, Director of Directorate for Road of Vietnam, Director of Department of Transport, Director of Transport - Construction Departments of provinces and central-affiliated cities, heads of relevant agencies, organizations, and individuals are responsible for the implementation of this Circular./.

PP. MINISTER
DEPUTY MINISTER




Le Dinh Tho