Thông tư 2/2023/TT-BGTVT của Bộ Giao thông Vận tải về việc 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 OF VIETNAM ON INSPECTION OF TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION 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 of Vietnam on functions, tasks, entitlements, and organizational structure of the Ministry of Transport of Vietnam;

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

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

Article 1. Amendments to Circular No. 16/2021/TT-BGTVT dated August 12, 2021 of the Minister of Transport of Vietnam on inspection of technical safety and environmental protection of road motor vehicles (hereinafter referred to as "Circular No. 16/2021/TT-BGTVT)"

1. Amendments to Article 5: 

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1. Preparation of vehicle dossiers and inspection documents (including cases of revision of vehicle dossiers) of road motor vehicles shall be implemented at any inspection authorities in Vietnam. 

2. Road motor vehicles shall be inspected on the inspection line, excluding the following cases:

a) Unused motor vehicles falling under cases of exemption from first-time inspection according to Clause 3 of this Article;

b) Oversize motor vehicles unable to enter the inspection line: the inspection of operation and brake effectiveness or other work items that is impossible on the inspection line (if any) shall be performed on test roads outside of the inspection line or performed outside of the inspection authority according to Clause 3 Article 8 of this Circular;

c) Motor vehicles unable to move to the inspection authority for inspection that are permitted to be inspected outside of the inspection authority according to Clause 3 Article 8 of this Circular: motor vehicles with records of factory release quality inspection for motor vehicles manufactured and assembled domestically or certificates (or notifications of inspection exemption) of technical safety and environmental protection for imported motor vehicles prescribing “non-road traffic motor vehicles”; motor vehicles operating in islands without inspection authorities; motor vehicles operating in areas secured in terms of safety, security, and national defense; motor vehicles operating in restricted areas such as ports, mines, and construction sites; motor vehicles performing urgent tasks (prevention, control, and management of natural disasters or epidemics).

3. Unused motor vehicles with issued “Records of Factory Release Quality Inspection” for manufactured or assembled motor vehicles or “Certificates of Technical Safety and Environmental Protection for Imported Motor Vehicles” or “Notifications of Technical Safety and Environmental Protection Exemption for Imported Motor Vehicles” with an interval between the year of production and the year of application for Inspection Certificates that is less than 2 years and valid dossiers as prescribed in Clause 1 Article 6 of this Circular shall be eligible for exemption from first-time inspection.”

2. Amendments to Clause 1 Article 6:

“1. Preparation of vehicle dossiers

Vehicle users shall declare and provide the following information and documents to prepare vehicle dossiers (excluding cases of first-time inspection for issuance of Inspection Certificates and Inspection Seals with a period of validity of 15 days):

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b) Copies of records of factory release quality inspection for motor vehicles manufactured and assembled domestically (except liquidated motor vehicles);

c) Master registers of certificates of technical safety and environmental protection for innovated motor vehicles in case of newly innovated vehicles;

d) Pencil tracings of vehicle identification numbers in case of vehicles eligible for exemption from inspection as prescribed in Clause 3 Article 5 of this Circular;

dd) Corresponding information as prescribed in Appendix I promulgated together with this Circular."

3. Amendments to Point d Clause 1 and Point a Clause 2 Article 8:

a) Amendments to Point d Clause 1 Article 8:

“d) Regarding motor vehicles eligible for exemption from first-time inspection, inspection authorities shall, based on documents provided by vehicle users that are inspected, adequately assessed, and valid according to Clause 1 Article 6 of this Circular, issue Inspection Certificates and Inspection Seals (vehicle users are not required to bring their vehicles to inspection authorities).

Regarding motor vehicles subject to inspection, inspection authorities shall perform the inspection according to Clause 2 and Clause 3 of this Article and take photos of the motor vehicles for archive (with the taken time displayed on such photos) as follows: 2 overall photos showing the license plate of the motor vehicle (1 taken at a 45oangle from the front and on the side of the vehicle, the other photo taken from the rear and on the opposite side of the vehicle); 2 photos of the undercarriage, except for motor vehicles with up to 9 seats (1 taken from the front of the vehicle and 1 taken from the rear of the vehicle); photos of the vehicle identification number.".

b) Amendments to Point a Clause 2 Article 8:

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4. Amendments to Clause 1, Point a Clause 1, and Clause 5 of Article 9:

a) Amendments to Clause 1 Article 9:

 “1. Motor vehicles eligible for exemption from first-time inspection or are qualified after inspection shall be issued with Inspection Certificates and Inspection Seals according to the form prescribed in Appendix X promulgated together with this Circular.  Vehicle users shall be responsible for affixing Inspection Seals (for cases of exemption from first-time inspection) in accordance with Clause 4 Article 9 of this Circular.”.

b) Amendments to Point a Clause 1 Article 9:

 “a) Inspection Certificate and Inspection Seal provided to a motor vehicle must carry the same serial number, be printed from the inspection management program on templates issued by Vietnam Register, and contain information conforming to vehicle dossiers and data on the inspection management program. Motor vehicles declared by vehicle users to provide transport services (yellow license plates) shall be issued with Inspection Certificates and Inspection Seals for motor vehicles providing transport services; motor vehicles declared by vehicle users to not provide transport services (license plates with a color other than yellow) shall be issued with Inspection Certificates and Inspection Seals for motor vehicles not providing transport services.”.

c) Amendments to Clause 5 Article 9:

“5. If Inspection Certificates or Inspection Seals are lost or damaged, vehicle users shall present vehicles for re-inspection for re-issuance of Inspection Certificates or Inspection Seals, excluding the following cases:

a) If First-Time Inspection Certificates or First-Time Inspection Seals of motor vehicles eligible for exemption from inspection are lost, within 7 working days from the date of issuance of such certificates and seals, vehicle users or legally authorized persons shall declare information at inspection authorities according to the form prescribed in Appendix I promulgated together with this Circular for the one-time re-print of Inspection Certificates or Inspection Seals (vehicle owners are not required to bring their vehicles to the inspection authorities);

b) If Inspection Certificates or Inspection Seals of motor vehicles eligible for exemption from first-time inspection are damaged or different from the information on the motor vehicles, vehicle users shall present the issued Inspection Certificates or Inspection Seals to the inspection authorities and make declarations according to Appendix I promulgated together with this Circular for inspection authorities to review, examine information, and re-print Inspection Certificates or Inspection Seals (vehicle users are not required to bring their vehicles to the inspection authorities)."

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“6. For motor vehicles eligible for exemption from first-time inspection, vehicle users shall affix inspection seals to their vehicles before participating in traffic according to Clause 4 Article 9 of this Circular.”.

6. Amendments to Clause 4 Article 14:

“4. Cooperate with relevant agencies in issuing and removing warnings on the inspection management program for motor vehicles failing to meet conformity in terms of administrative information, technical specifications, and other cases according to Clause 12 Article 80 of Decree No. 100/2019/ND-CP dated December 20, 2019 of the Government of Vietnam and other cases of warnings at the request of state agencies.”.

7. Clause 18 is added to Article 16:

“18. Inspection authorities shall cooperate in re-printing Inspection Certificates and Inspection Seals in case they are lost or damaged or have incorrect information according to Points a, b Clause 5 Article 9 of this Circular.”

Article 2. Replacement of several Appendices promulgated with Circular No. 16/2021/TT-BGTVT

Appendices I, II, II, VI, and XI, promulgated with Circular No. 16/2021/TT-BGTVT, are replaced with Appendices I, II, III, IV, and V, promulgated together with this Circular.

Article 3. Entry into force and implementation

1. This Circular comes into force as of March 22, 2023.

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3. Chief of the Ministry Office, Chief Inspector of the Ministry, Directors of Vietnam Register, Director of the Department for Roads of Vietnam, Directors of Departments of Transport, Directors of Departments of Transport - Construction of provinces and centrally affiliated cities, Directors of relevant agencies, organizations, and individuals shall implement this Circular./.

PP. MINISTERDEPUTY MINISTERLe Dinh Tho