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THE
MINISTRY OF TRANSPORT OF VIETNAM |
THE
SOCIALIST REPUBLIC OF VIETNAM |
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No: 45/2024/TT-BGTVT |
Hanoi, November 15, 2024 |
ON ISSUANCE, REISSUANCE, SUSPENSION, AND REVOCATION OF CERTIFICATES OF ROAD VEHICLE INSPECTOR
Pursuant to Law on Road traffic order and safety dated June 27, 2024;
Pursuant to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government on functions, tasks, powers and organizational structure of the Ministry of Transport;
At the request of Director General of Department of Science - Technology and Environment and Director General of Vietnam Register;
The Minister of Transport issues a Circular on issuance, reissuance, suspension, and revocation of certificates of road vehicle inspector.
This Circular provides issuance, reissuance, suspension, and revocation of certificates of road vehicle inspector (hereinafter referred to as “inspector certificate(s)”).
1. This Circular applies to organizations and individuals related to issuance, reissuance, suspension, and revocation of inspector certificate.
2. This Circular shall not apply to organizations and individuals related to issuance, reissuance, suspension, and revocation of inspector certificate under management of the Ministry of National Defense and the Ministry of Public Security.
Article 3. Term interpretation
For the purposes of this Circular, the terms below shall be construed as follows:
1. Road vehicle inspectors (hereinafter referred to as “inspector(s)") mean persons granted inspector certificates to conduct inspection and certification of motorized vehicles, heavy-duty vehicles, and motorized vehicle parts;
2. Professional training for inspectors means training to provide trainee with theoretical knowledge and skills to perform motorized vehicle inspection and exhaust inspection for motorbikes and mopeds;
3. Inspector internship means the process of trainees applying the knowledge and skills they have acquired after professional training for inspectors at the registration and inspection facilities under the guidance and supervision of the inspector;
4. Assessment of inspector’s operations means examination of professional knowledge and skills of inspectors.
Article 4. Professional works of inspectors
Professional works of inspectors include: Inspection-related and certification-related works.
1. Inspection-related works:
a) Technical safety and environmental protection inspection of motorized vehicles (hereinafter referred to as “motorized vehicle inspection")
a) Technical safety and environmental protection inspection of heavy-duty vehicles (hereinafter referred to as “heavy-duty vehicle inspection")
c) Exhaust inspection of motorbikes and mopeds.
2. Certification-related works:
a) Inspection and certification of technical safety and environmental protection of motorized vehicles, heavy-duty vehicles, motorized vehicle parts (hereinafter referred to as “eligibility inspection and certification”)
b) Inspection and assessment of: technical safety and environmental protection assurance for motorized vehicles, heavy-duty vehicles, motorized vehicle parts at manufacturing and assembly facilities; inspection and certification facilities; motor vehicle warranty and maintenance facilities (hereinafter referred to as “eligibility assurance assessment”);
c) Testing of motorized vehicles, heavy-duty vehicles;
d) Testing of motorized vehicle parts;
dd) Exhaust testing of motorized vehicles;
e) Testing of energy consumption of motorized vehicles.
ON ISSUANCE, REISSUANCE OF INSPECTOR CERTIFICATES
Article 5. Professional work of inspectors
1. Contents of the professional training for Class III inspectors in charge of exhaust inspection for motorbikes and mopeds:
a) Responsibilities and powers of organizations and individuals in exhaust inspection for motorbikes and mopeds; violations, handling violations in exhaust inspection for motorbikes and mopeds; regulations on occupational safety; regulations on measurement; code of conduct, professional ethics;
b) Legislative documents, standards, technical regulations, procedures, professional guidelines, and software related to the exhaust inspection for motorbikes and mopeds;
c) Structure, operational principles, technical maintenance of means subject to exhaust inspection for motorbikes and mopeds;
d) Inspection methods.
2. Contents of the professional training for Class II inspectors in charge of motorized vehicle inspection:
a) The history of formation, construction, and development of the registration system; responsibilities and power of organizations, individuals in the inspection; violations, handling of violations in the inspection; regulations on occupational safety; regulations on measurement; code of conduct, professional ethics;
b) Legislative documents, national technical regulations, national standards, procedures, and professional guidelines related to motorized vehicle inspection;
c) Inspection methods.
d) Use of specialized software programs related to motorized vehicle inspection;
dd) Structure, operating principles, technical maintenance of means subject to motorized vehicle inspection;
e) Knowledge of technology installed on motorized vehicles;
g) Recommendations from the International Motor Vehicle Inspection Committee (CITA) in inspection;
h) Procedures, methods for calculation, assessment of design documents for modified motorized vehicles; use of specialized software programs related to certification of technical safety and environmental protection for modified motorized vehicles.
3. Contents of the professional training for Class III inspectors in charge of motorized vehicle inspection:
a) Tasks: analyzing the structure, diagnosing the technical condition, damages, and causes of malfunctions of various parts, systems, and assemblies of motorized vehicles and remedial measures;
b) New technologies applied in the inspection and assessment of motor vehicles;
c) Skills for management and organization of motorized vehicle inspection at registration and inspection facilities;
d) Analysis, assessment, diagnosis of the operational status of measuring instruments (testing device).
4. Trainees must take a test after completing the professional training. If the result is 70% or higher of the total points, the trainee is considered passed. If the result is below 70% of the total points, the trainee is allowed to retake the test only once. If the trainee fails the retest, they must undergo training and testing in accordance with this Article if necessary.
Article 6. Inspector internship
1. Trainees applying for issuance of Class III and Class I inspector certificates do not have to undergo internship as stipulated in clause 3, clause 4 of this Article.
2. Within 60 days from the date of passing the professional training, trainees applying for issuance of Class III and Class I inspector certificates must undergo internship at the registration and inspection facilities. Passing that time limit, trainees not undergoing an internship must undergo the professional training again. Trainees are guided during their internship by a Class I or Class II inspector with at least 24 months of experience and must prepare an internship report as specified in Appendix III attached to this Circular.
3. Internship duration and volume:
a) 03 months for trainees granted a certificate of inspector in charge of one or more specialized tasks as stipulated in clause 2 of Article 4 of this Circular or have worked at auto warranty, maintenance, repair, or manufacturing assembly facilities meeting the requirements therefor set by the Government for over 18 months (the duration shall be based on the date of first issuance of inspector certificate or calculated cumulatively based on employment contract, social insurance records): trainees must conduct inspections and assessment of at least 100 vehicles per process of various types (multiple processes can be performed on one vehicle); prepare vehicle dossiers for at least 15 vehicles; conduct certification of technical safety and environmental protection for at least 15 modified motorized vehicles;
a) 06 months for trainees granted a certificate of inspector in charge of one or more specialized tasks as stipulated in clause 2 of Article 4 of this Circular or have worked at auto warranty, maintenance, repair, or manufacturing assembly facilities meeting the requirements therefor set by the Government from 12 - 18 months (the duration shall be based on the date of first issuance of inspector certificate or calculated cumulatively based on employment contract, social insurance records): trainees must conduct inspections and assessment of at least 200 vehicles per process of various types (multiple processes can be performed on one vehicle); prepare vehicle dossiers for at least 30 vehicles; conduct certification of technical safety and environmental protection for at least 25 modified motorized vehicles;
a) 09 months for trainees granted a certificate of inspector in charge of one or more specialized tasks as stipulated in clause 2 of Article 4 of this Circular or have worked at auto warranty, maintenance, repair, or manufacturing assembly facilities meeting the requirements therefor set by the Government from 06 - 12 months (the duration shall be based on the date of first issuance of inspector certificate or calculated cumulatively based on employment contract, social insurance records): trainees must conduct inspections and assessment of at least 300 vehicles per process of various types (multiple processes can be performed on one vehicle); prepare vehicle dossiers for at least 45 vehicles; conduct certification of technical safety and environmental protection for at least 30 modified motorized vehicles;
d) At least 12 months for cases not specified in point a, point b, point c of this Clause: trainees must conduct inspections and assessment of at least 400 vehicles per process of various types (multiple processes can be performed on one vehicle); prepare vehicle dossiers for at least 60 vehicles; conduct certification of technical safety and environmental protection for at least 40 modified motorized vehicles;
4. Internship contents:
a) Using programs and software at the registration and inspection facility including: vehicle data lookup; inspection management software; alert software; assessment and testing programs; device control programs; and other business management programs;
b) Practicing in preparing vehicle dossiers and conducting inspections of 5 processes.
c) Practicing in certifying the technical safety and environmental protection of modified motorized vehicles.
1. The issuance/reissuance application includes:
a) Application for issuance, reissuance of inspector certificates using Form specified in Appendix V attached to this Circular;
b) Professional resume using Form specified in Appendix I attached to this Circular;
c) Copy issued from the original book or a copy authenticated by the corresponding level of professional qualification;
d) Copy of the notification of completion of corresponding professional training;
dd) Copy of an unexpired driver license for professional tasks specified in point a of clause 1 of Article 4 of this Circular;
e) Confirmation of inspector internship using form specified in Appendix II attached to this Circular;
g) Copy of the inspector certificate or employment contract and social insurance records (for cases eligible for reduction of duration and volume of internship as stipulated in clause 3 of Article 6 of this Circular).
2. Application for issuance of inspector certificates:
a) Class III inspectors: documents specified in points a, b, c, d of clause 1 of this Article;
b) Class II inspectors: documents specified in points a, b, c, d, dd, e, g of clause 1 of this Article;
c) Class I inspectors: documents specified in points a, b, d, dd of clause 1 of this Article;
3. Application for reissuance of inspector certificates:
a) Re-issuance in accordance with points a, c of clause 1 of Article 9 of this Circular: documents specified in points a, b, dd of clause 1 of this Article;
b) Re-issuance in accordance with point b of clause 1 of Article 9 of this Circular: documents specified in point a of clause 1 of this Article;
1. After receiving notification of passing professional training (for Class III and Class I inspectors) or upon completion of professional training (for Class II inspectors), organizations or individuals applying for issuance of inspector certificates shall submit the application in accordance with clause 2 of Article 7 of this Circular in person, via the postal service, through the public service portal, and the electronic single-window information system of the Ministry of Transport.
2. Application receipt:
a) For in-person submissions: Within the working day, the Vietnam Register shall inspect its adequacy: if the application is inadequate, instruct the applicant in writing to complete it; if the application is adequate, receive the application;
b) For other forms of submission: Within the 03 working days from the date of receiving the application, the Vietnam Register shall inspect its adequacy: if the application is inadequate, instruct the applicant in writing or online to complete it; if the application is adequate, receive the application.
3. Within the 30 working days from the date of receiving the application in accordance with applicable regulations, the Vietnam Register shall notify and organize the assessment of the motorized vehicle inspector’s operations. Individuals are assessed by a higher-class inspector or an equivalent-class inspector with a minimum of 36 months of experience. The assessment results shall be recorded in the report on assessment of inspector’s operations as per the form specified in Appendix IV attached to this Circular.
4. Issuance of inspector certificates or notification of results of assessment of inspector’s operations:
a) Within 5 working days from the completion of the assessment of inspector’s operations, the Vietnam Register shall issue the inspector certificate as per the form specified in Appendix VII attached to this Circular for cases passing the assessment or notify the assessment results as per the form specified in Appendix VIII attached to this Circular for cases not passing the assessment. Cases of not passing the assessment shall carry out the procedures specified in this Article to be issued an inspector certificate;
For the inspector in charge of the exhaust inspection of motorbikes and mopeds, within 5 working days from receiving the complete documents as per regulations, the Vietnam Register shall issue the inspector certificate as per the form specified in Appendix VII attached to this Circular.
5. The inspector certificate shall be given to the applicant in person, via the postal service, through the public service portal, and the single-window electronic information system of the Ministry of Transport.
6. The validity of the inspector certificate for each professional work is 60 months from the date of issuance.
1. Inspector certificates shall be reissued in the following cases:
a) Expiration
b) Loss, damage, or incorrect information;
c) Revocation as stipulated in clause 1 of Article 14 of this Circular.
2. Organizations or individuals applying for reissuance of the inspector certificate shall submit the required documents according to clause 3 of Article 7 of this Circular in person, via the postal system, through the public service portal, and the single-window electronic information system of the Ministry of Transport.
3. Application receipt:
a) For in-person submissions: Within the working day, the Vietnam Register shall receive the application and inspect its adequacy: if the application is inadequate, instruct the applicant to complete it; if the application is adequate, receive the application;
b) For other forms of submission: Within the 03 working days from the date of receiving the application, the Vietnam Register shall inspect its adequacy: if the application is inadequate, instruct the applicant in writing or online to complete it; if the application is adequate, receive the application.
4. Certificates of inspectors in charge of motorized vehicle inspection shall be reissued in cases specified in point a, point c of clause 1 of this Article.
a) Within the 30 working days from the date of receiving the application in accordance with applicable regulations, the Vietnam Register shall notify and organize the assessment of the motorized vehicle inspector’s operations. Individuals are assessed by a higher-class inspector or an equivalent-class inspector with a minimum of 36 months of experience. The assessment results shall be recorded in the inspector assessment report as per the form specified in Appendix IV attached to this Circular;
b) Within 5 working days from the completion of the assessment of inspector’s operations, the Vietnam Register shall reissue the inspector certificate as per the form specified in Appendix VII attached to this Circular for cases passing the assessment or notify the assessment results as per the form specified in Appendix VIII attached to this Circular for cases not passing the assessment. Cases of not passing the assessment shall carry out the procedures specified in this Article to be reissued the inspector certificate;
5. Certificates of inspectors in charge of motorized vehicle inspection in cases specified in point b of clause 1 of Article and Certificates of inspectors in charge of exhaust inspection for motorbikes and mopeds shall be reissued.
Within 5 working days from receiving the complete documents as per regulations, the Vietnam Register shall reissue the inspector certificate as per the form specified in Appendix VII attached to this Circular.
6. The inspector certificate shall be given to the applicant in person, via the postal service, through the public service portal, and the single-window electronic information system of the Ministry of Transport. In cases specified in point b of clause 1 of this Article, organizations or individuals must return the most recently issued inspector certificate upon receiving the reissued inspector certificate (applicable for cases of issuance of physical certificate).
7. The validity of the inspector certificate for each professional work:
a) For cases of reissuance of inspector certificate as stipulated in points a, c of clause 1 of this Article: the validity of the inspector certificate for each professional task is 60 months from the date of issuance;
b) For cases of reissuance of inspector certificate as stipulated in point b of clause 1 of this Article: the validity of the inspector certificate for each professional task is based on the validity of the most recently issued certificate;
Section 2. CERTIFICATES OF INSPECTORS IN CHARGE OF HEAVY-DUTY VEHICLE INSPECTION
1. The issuance, reissuance application includes:
a) Application for issuance, reissuance of inspector certificates using Form specified in Appendix V attached to this Circular;
b) Professional resume using Form specified in Appendix I attached to this Circular;
c) Copy issued from the original book or a certified copy of a bachelor’s degree in engineering related to motorized vehicles, heavy-duty vehicles, and motorized vehicle parts;
d) Certified copy of one of the following documents: acceptance letter, recruitment letter, employment contract to work at a unit affiliated to the Vietnam Register or a registration and inspection facility or testing facility designated by the Vietnam Register;
dd) Confirmation of professional practice as per the form specified in Appendix VI attached to this Circular;
dd) Copy of an unexpired driver license (for professional tasks specified in points a, b, and c of clause 2 of Article 4 of this Circular);
g) A copy of documents proving participation in one of the following tasks: compiling training materials; teaching; providing professional guidance; drafting legislative documents, standards, technical regulations, scientific research topics, operational procedures related to professional tasks (applicable to the professional tasks specified in clause 2 of Article 4 of this Circular).
2. Application for issuance of inspector certificate includes:
a) Class II inspector: documents specified in points a, b, c, d, e of clause 1 of this Article;
b) Class I inspector: documents specified in points a, b, c, d, e and g of clause 1 of this Article.
3. Application for reissuance of inspector certificate includes:
a) Reissuance in accordance with points a and d of clause 1 of Article 12 of this Circular: b) Class I inspector: documents specified in points a, b, c, d, e and g of clause 1 of this Article.
b) Reissuance in accordance with points b of clause 1 of Article 12 of this Circular: b) Class I inspector: documents specified in point a of clause 1 of this Article.
b) Reissuance in accordance with points c of clause 1 of Article 12 of this Circular (applicable to inspector in charge of certification): documents specified in points a, b, dd, and e of clause 1 of this Article.
1. Organizations or individuals applying for issuance of an inspector certificate shall submit the required documents specified in clause 2 of Article 10 of this Circular in person, via the postal service, through the public service portal, and the single-window electronic information system of the Ministry of Transport.
2. Application receipt:
a) For in-person submissions: Within the working day, the Vietnam Register shall inspect its adequacy: if the application is inadequate, instruct the applicant in writing to complete it; if the application is adequate, receive the application
b) For other forms of submission: within the 03 working days from the date of receiving the application, the Vietnam Register shall inspect its adequacy: if the application is inadequate, instruct the applicant in writing or online to complete it; if the application is adequate, receive the application.
3. within 5 working days from receiving the complete documents as per regulations, the Vietnam Register shall issue the inspector certificate as per the form specified in Appendix VII attached to this Circular.
4. The inspector certificate shall be given to the applicant in person, via the postal service, through the public service portal, and the single-window electronic information system of the Ministry of Transport.
5. The validity of the inspector certificate for each professional work is 60 months from the date of issuance.
1. Inspector certificates shall be reissued in the following cases:
a) Expiration;
b) Loss, damage, or incorrect information;
c) Supplementation of professional work content;
d) Revocation as stipulated in clause 1 of Article 14 of this Circular.
2. Organizations or individuals applying for reissuance of an inspector certificate shall submit the required documents specified in clause 3 of Article 10 of this Circular in person, via the postal service, through the public service portal, and the single-window electronic information system of the Ministry of Transport.
3. Application receipt:
a) For in-person submissions: Within the working day, the Vietnam Register shall inspect its adequacy: if the application is inadequate, instruct the applicant in writing to complete it; if the application is adequate, receive the application
b) For other forms of submission: within the 03 working days from the date of receiving the application, the Vietnam Register shall inspect its adequacy: if the application is inadequate, instruct the applicant in writing or online to complete it; if the application is adequate, receive the application.
4. Within 5 working days from receiving the complete documents as per regulations, the Vietnam Register shall reissue the inspector certificate as per the form specified in Appendix VII attached to this Circular.
5. The inspector certificate shall be given to the applicant in person, via the postal service, through the public service portal, and the single-window electronic information system of the Ministry of Transport. In cases specified in point b of clause 1 of this Article, organizations or individuals must return the most recently issued inspector certificate upon receiving the reissued inspector certificate (applicable for cases of issuance of physical certificate).
6. The validity of the inspector certificate for each professional work:
a) For cases of reissuance of inspector certificate as stipulated in points a, c and d of clause 1 of this Article: the validity of the inspector certificate for each professional task is 60 months from the date of issuance;
b) For cases of reissuance of inspector certificate as stipulated in point b of clause 1 of this Article: the validity of the inspector certificate for each professional task is based on the validity of the most recently issued certificate.
SUSPENSION AND REVOCATION OF INSPECTOR CERTIFICATES
Article 13. Suspension of inspector certificates
1. Inspector certificates shall be suspended for 30 days in one of the following cases:
a) Falsifying certification or inspection results (except as stipulated in point dd of clause 1 of Article 14 of this Circular);
b) Disrupting, causing difficulties, or causing inconvenience to organizations or individuals during the performance of duties;
c) Failing to carry out assigned tasks without justifiable reasons;
d) Violating regulations on labor discipline, internal regulations, and working regulations of the agency or unit.
2. Upon receiving a substantiated complaint or report identifying that an inspector has committed an act specified in clause 1 of this Article, within 7 working days, the Vietnam Register shall issue a decision to suspend the inspector certificate and notify the registration and inspection facility employing the violating inspector, the local Department of Transport, while also making an announcement on the website of the Vietnam Register.
Article 14. Revocation of inspector certificates
1. Inspector certificates shall be revoked in one of the following cases:
a) Conducting inspections or confirming inspection results from at least 02 registration facilities within the same time of the day;
b) Falsifying documents to obtain an inspector certificate;
c) Having the inspector certificate suspended 3 times or more within a continuous 12-month period;
d) Being convicted by a legally effective judgment of the Court for violating regulations related to certification and inspection;
dd) Using tools or software to manipulate vehicle data, inspection, certification data to legitimize vehicle information or inspection results;
e) Lack or limitation of legal capacity;
g) Not directly performing registration-related tasks or a continuous period of 12 months or more.
2. Within 7 working days from the date of identifying vehicle inspectors falling under any of the cases specified in clause 1 of this Article, the Vietnam Register shall issue a decision to revoke the inspector certificate, send it to the registration and inspection facility employing the violating inspector, and cooperate with the local Department of Transport in enforcing and announcing this matter on the website of the Vietnam Register.
3. Cass of revocation of inspector certificate specified in point g of clause 1 of this Article, the reissuance of the inspector certificate shall be carried out in accordance with Article 9 or Article 12 of this Circular.
4. Cass of revocation of inspector certificate specified in points a, b, c, d, dd, and e of clause 1 of this Article, the reissuance of the inspector certificate shall be carried out in accordance with Article 9 or Article 12 of this Circular after 12 months from the date of revocation.
Article 15. Responsibilities of Vietnam Register
1. Organizing professional training for inspectors in accordance with this Circular.
2. Issuing, reissuing, suspending, and revoking inspector certificates.
3. Disclosing training plans, schedules, results, assessment results of inspector’s operations on the website of the Vietnam Register.
Article 16. Responsibilities of Departments of Transport
Notifying the Vietnam Register upon discovering any inspector within management area falling under cases specified in clause 1 of Article 13 and clause 1 of Article 14 of this Circular.
1. Assigning individuals instructing and confirming the process of inspector internship.
2. Assigning inspectors to participate in professional refresher training and development programs.
3. Notifying the Vietnam Register upon discovering any inspector under their management falling under cases specified in clause 1 of Article 13 and clause 1 of Article 14 of this Circular.
This Circular comes into force from January 1, 2025; Point d of Clause 1 of Article 14 of this Circular shall apply from January 1, 2026 to inspectors in charge of motorized vehicle inspection.
1. Motorized vehicle inspectors passed 05 stages and granted a certificate before the effective date of this Circular and shall continue conducting class II motorized vehicle inspections until the expiry date indicated on the certificate.
2. Senior inspectors granted a certificate before the effective date of this Circular shall continue to perform the Class I motorized vehicle inspection until the expiry date indicated on the certificate.
3. Inspectors who are granted a certificate for motor vehicles but have not passed all 5 stages before the effective date of this Circular are allowed to continue to perform motorized vehicle inspections but must submit an application to be reissued the certificate of Class II inspector within 12 months from the effective date of this Circular as per the regulations in this Circular.
4. Trainees who complete the professional training for inspectors before the effective date of this Circular are allowed continuing to undergo internships as per regulations applied at the time of completing the training but must carry out the procedures for issuance of an inspector certificate as per the regulations in this Circular.
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This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and
for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT
and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed
