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GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No: 166/2024/ND-CP |
Hanoi, December 26,2024 |
Pursuant to the Law on Organization of the Government of Vietnam dated June 19, 2015; Law on Amendments to the Law on Organization of the Government of Vietnam and the Law on Organization of Local Government dated November 22, 2019;
Pursuant to the Law on Product and Goods Quality dated November 21, 2007;
Pursuant to the Law on Investment dated June 17, 2020;
Pursuant to the Law on Road Traffic Order and Safety dated June 27, 2024;
At the request of the Minister of Transport;
The Government promulgates a Decree on the eligibility requirements for motor vehicle inspection service provision; organization and operation of vehicle registration and inspection facilities; service life of motor vehicles.
This Decree prescribes:
1. The eligibility requirements for provision of technical safety and environmental protection inspection services for motor vehicles including automobiles, trailers, semi-trailers towed by automobiles; four-wheeled motorized passenger vehicles and four-wheeled motorized cargo vehicles; exhaust inspection for motorbikes and mopeds.
2. Organization and operation of vehicle registration and inspection facilities.
3. Service life of goods transport automobiles (including specialized goods transport automobiles); passenger automobiles with at least 9 people in seating capacity (excluding the driver); automobiles transporting preschool children and students; four-wheeled motorized cargo vehicles and four-wheeled motorized passenger vehicles.
1. This Decree applies to organizations and individuals involved in:
a) Motor vehicle/heavy-duty vehicle inspection service provision;
b) Management and use of motor vehicles and modified vehicles whose service life is specified by law, except for motor vehicles to which service life does not apply as specified in Clause 3, Article 40 of the Law on Road Traffic Order and Safety.
2. This Decree does not apply to organizations and individuals involved in motor vehicle/heavy-duty vehicle inspection under management of the Ministry of Defense and the Ministry of Public Security.
1. " Vehicle registration and inspection facility" refers to a public service provider, enterprise, or cooperative established in accordance with law, which includes motor vehicle registration and inspection facility and motorbike/moped exhaust inspection facility.
2. "Motor vehicle registration and inspection facility" refers to an entity holding a certificate of eligibility for motor vehicle inspection.
3. "Motorbike/moped exhaust inspection facility (hereinafter referred to as exhaust inspection facility)" refers to an entity holding a certificate of eligibility for motorbike/moped exhaust inspection.
4. "Motor vehicle/heavy-duty vehicle inspection" refers to the initial and periodic testing and assessment of the technical safety and environmental safety of motor vehicles (excluding motorbikes and mopeds or heavy-duty vehicles in accordance with the law.
5. "Motorbike/moped exhaust inspection" refers to the testing and assessment of the exhaust emission components of motorbikes and mopeds. This inspection shall apply at the time specified in the Prime Minister’s Decision on the roadmap for applying Vietnam Standards and National Technical Regulations on exhaust emissions of road motor vehicles running on Vietnamese roads.
6. "Vehicle inspector" refers to a person holding a professional certificate in accordance with the law to conduct certification, inspection of motor vehicles, heavy-duty vehicles, and exhaust inspection of motorbikes, mopeds.
7. "Professional staff" refers to persons receiving dossiers, returning inspection results, entering data, searching information, printing inspection results, and archiving dossiers.
8. "Inspection line" refers to the place where inspection equipment, assistive devices, inspection instruments, and auxiliary instruments are placed and installed. There are two types of inspection lines:
a) Type I inspection line: able to inspect a motor vehicle with weight distributed on each single axis up to 2.000 kg.
b) Type II inspection line: able to inspect a motor vehicle with weight distributed on each single axis up to 13.000 kg.
9. "Inspection station" refers to the area where inspection lines of motor vehicle registration and inspection facilities or where exhaust emissions measurement equipment of exhaust inspection facilities are placed.
10. "Inspection certificate" refers to a certificate confirming that a motor vehicle or a heavy-duty vehicle meet the technical safety and environmental protection requirements in accordance with the law; that a motorbike or moped has satisfactory exhaust inspection results and meets the requirements on exhaust emission components in accordance with laws on environment, which includes motor vehicle inspection certificate; heavy-duty vehicle inspection certificate; and motorcycle/moped exhaust inspection certificate.
11. "Technical safety and environmental protection inspection seal of motor vehicle or heavy-duty vehicle (hereinafter referred to "inspection seal")" refers to a symbol indicating road traffic eligibility of motor vehicles and heavy-duty vehicles that have been issued with inspection certificates.
12. "Inspection certificate/inspection seal blank" refers to a printed paper uniformly issued and distributed by the Vietnam Register to vehicle registration and inspection facilities for printing inspection certificates and inspection seals.
ELIGIBILITY REQUIREMENTS FOR MOTOR VEHICLE INSPECTION SERVICE PROVISION
Article 4. General requirements
1. Vehicle registration and inspection facilities must meet the requirements regarding physical facilities, organizational structure, personnel, and quality management systems as prescribed in this Decree and the National Technical Regulation on physical and technical facilities and the location of motor vehicle registration and inspection facilities and motorbike/moped exhaust inspection facilities (hereinafter referred to as the “National Technical Regulation on Vehicle Registration and Inspection Facilities”).
2. Vehicle registration and inspection facilities shall employ vehicle inspectors appropriate to their functions. Vehicle inspectors shall include Grade I vehicle inspectors, Grade II vehicle inspectors, and Grade III vehicle inspectors.
3. Vehicle registration and inspection facilities must possess documents and materials as prescribed by the laws on construction, land; traffic connectivity and road connection; environmental protection, occupational safety and hygiene, fire prevention and fighting, and other relevant laws upon building and putting vehicle registration and inspection facilities in operation.
Article 5. Requirements on area
1. The premises of a motor vehicle registration and inspection facility mean a land plot on which facilities for motor vehicle inspection are located, with the minimum areas regulated below:
a) With regard to the motor vehicle registration and inspection facility with one Type I inspection line, the minimum area of the premises for inspection operation is 1.250 m2;
a) With regard to the motor vehicle registration and inspection facility with one Type II inspection line, the minimum area of the premises for inspection operation is 1.500 m2;
c) With regard to the motor vehicle registration and inspection facility with two inspection lines, the minimum area of the premises for inspection operation is 2.500 m2;
d) Regarding the motor vehicle registration and inspection facility with at least three inspection lines, the usable area for each corresponding additional inspection line is 625 m2;
2. In cases where a motor vehicle registration and inspection facility is co-located with a bus station or a rest stop, the provisions of clause 1 of this Article shall not apply. The inspection station must conform to the National Technical Regulation on Vehicle Registration and Inspection Facilities.
Article 6. Requirements on personnel
1. Requirements on quantity
a) Employ at least 01 leader of the motor vehicle registration and inspection facility as a Grade II or higher vehicle inspector;
b) Employ at least 01 leader of the inspection division as a Grade I vehicle inspector;
c) Employ at least 02 Grade II or higher vehicle inspectors. The personnel specified at points a and b of this clause may engage in the inspection operation at inspection lines as vehicle inspectors in accordance with this point;
d) Employ professional staff to perform tasks as prescribed in clause 7, Article 3 hereof.
2. A Grade II vehicle inspector as prescribed at point c, Clause 1 of this Article must meet the following requirements:
a) Qualification: hold a bachelor's or engineer's degree in a technical major involved in motor vehicles or heavy-duty vehicles;
b) Possess a valid automobile driving license;
c) Process a Grade II vehicle inspector certificate issued in accordance with law.
3. A Grade I vehicle inspector as prescribed at point b, Clause 1 of this Article must meet the following requirements:
b) Be a Grade II vehicle inspector with at least 05 years of experience in inspection operation;
b) Process a Grade I vehicle inspector certificate issued in accordance with law.
4. A professional staff as prescribed at point d, Clause 1 of this Article must meet the following requirements:
a) Qualification: hold a post-secondary diploma or higher;
b) Receive guidelines provided by the Vietnam Register to perform tasks as prescribed in clause 7, Article 3 hereof.
Section 2. ELIGIBILITY REQUIREMENTS APPLICABLE TO EXHAUST INSPECTION FACILITIES
Article 7. Requirements on area
1. Regarding a fixed exhaust inspection facility
The minimum area of the motorbike/moped exhaust inspection zone is 15 m² per exhaust measuring instrument. If the inspection zone is shared with the motorbike/moped maintenance or repair, such maintenance or repair must not obstruct vehicle movement or the vehicle inspector's operations.
2. Regarding a mobile exhaust inspection facility
The mobile exhaust inspection facility is not required to meet the requirements as prescribed in clause 1 of this Article. Exhaust measuring instruments and equipment must be permanently installed on vehicles used for mobile exhaust inspection.
Article 8. Requirements on personnel
1. Requirements on quantity
a) Employ at least 01 vehicle inspector as prescribed in clause 2 of this Article;
b) Employ professional staff to perform tasks as prescribed in clause 7, Article 3 hereof.
2. Requirements on vehicle inspectors:
a) Grade I and Grade II vehicle inspectors as defined in Article 6 hereof;
b) Grade III vehicle inspectors must hold a post-secondary diploma in a technical major involved in motor vehicles or heavy-duty vehicles and process a Grade III vehicle inspector certificate issued in accordance with the law.
3. Professional staffs as defined in clause 4, Article 6 hereof.
4. If the personnel specified in clause 1 of this Article concurrently undertake tasks of each other's job positions, such personnel shall be considered as holders of concurrent positions if they hold the respective professional certificates and meet and other requirements in accordance with this Decree.
ORGANIZATION AND OPERATION OF VEHICLE REGISTRATION AND INSPECTION FACILITIES
Article 9. Organizational structure
1. The organizational structure of a vehicle registration and inspection facility shall comprise:
a) Management division includes the Director, Deputy Director or staff in charge of the facility, appointed in accordance with the law, with a view to organizing management and administration of the facility;
b) Inspection division includes leaders of the inspection divisions and vehicle inspectors with a view to inspecting vehicles;
c) Office includes professional staff and other staffs with a view to performing office works and providing assistance in inspection operation.
2. Personnel of divisions specified in clause 1 of this Article may concurrently undertake tasks among divisions. Such personnel shall be considered as those of the concurrent division if they hold the respective professional certificates and meet and other requirements in accordance with this Decree.
Article 10. Operational principles of vehicle registration and inspection facilities
1. Vehicle registration and inspection facilities shall ensure independence, objectivity, and transparency, and comply with the provisions of this Decree and relevant laws concerning motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection.
2. Motor vehicle registration and inspection facilities holding a certificate of eligibility for motor vehicle inspection shall conduct motor vehicle inspections and motorbike/moped exhaust inspections and issue inspection certificates thereof.
3. Exhaust inspection facilities holding a certificate of eligibility for motorbike/moped exhaust inspection shall conduct motorbike/moped exhaust inspections and issue inspection certificates thereof.
4. Vehicle registration and inspection facilities whose vehicle inspectors process a professional certificate concerning heavy-duty vehicle inspection issued in accordance with law shall conduct heavy-duty vehicle inspections and issue inspection certificates thereof.
5. Vehicle registration and inspection facilities shall facilitate organizations and individuals in bringing their vehicles for inspection.
Article 11. Operations of vehicle registration and inspection facilities
1. Conduct motor vehicle/heavy-duty vehicle inspections and motorbike/moped exhaust inspections and issue inspection certificates thereof in accordance with this Decree and all relevant technical regulations.
2. Assign vehicle inspectors to conduct motor vehicle/heavy-duty vehicle inspections and motorbike/moped exhaust inspections in accordance with the scope of their vehicle inspector certificates; prepare a record of such assignments under Form prescribed in Appendix I enclosed herewith.
3. Only conduct vehicle inspections when all inspection equipment and instruments (hereinafter referred to as “measuring instruments”) meet the technical requirements set forth in the National Technical Regulation on Vehicle Registration and Inspection Facilities; comply with the regulations on inspection and calibration in accordance with the law on metrology.
4. Place measuring instruments either inside or outside the inspection station, depending on each inspection. Exhaust measuring instruments and equipment may be permanently installed on vehicles used for mobile exhaust inspection.
5. Conduct inspections at locations outside the premises of vehicle registration and inspection facilities in accordance with the regulations promulgated by the Minister of Transport.
6. In the event of any malfunction or replacement of measuring instruments, promptly remedy the issue to ensure continued compliance with clause 3 of this Article and send a notification using the Form prescribed in Appendix II enclosed herewith to the Department of Transport.
7. Send a notification of any change in leaders of vehicle registration and inspection facilities, leaders of their inspection divisions, their vehicle inspectors, or professional staff, using the Form prescribed in Appendix III enclosed herewith, to the Department of Transport.
8. Revoke inspection certificates and inspection seals that were improperly issued contrary to the law.
9. Fail to conduct inspection of vehicles subject to warnings as prescribed in points a, b, c, d, and dd, clause 1 Article 12 hereof.
10. Halt inspection operation after a decision to suspend or revoke the certificate of eligibility for motor vehicle inspection or motorbike/moped exhaust inspection is issued by a competent authority; return the issued certificates of eligibility for motor vehicle inspection or certificates of eligibility for motorbike/moped exhaust inspection to the Department of Transport upon revocation.
11. Provide technical services involved in motor vehicles, heavy-duty vehicles, and motorbike/moped exhaust.
12. Implement programs and plans concerning provision of training, internship, assessment, and performance of professional tasks as prescribed by competent authorities.
13. Maintain a division responsible for performing all tasks pertaining to inspection dossiers during the period of temporary cessation or suspension of inspection operation (except in cases of force majeure as prescribed by law).
14. Within 12 months from the date of initial issuance of a certificate of eligibility for inspection, develop, apply, and maintain a quality management system in accordance with ISO 9001.
1. A vehicle is subject to warnings in the following cases:
a) The vehicle is involved in administrative violations against the regulations on road traffic order and safety;
b) A warning has to be issued at the request of a procedural authority;
c) There is evidence proving that the vehicle owner has forged vehicle dossier;
d) There are discrepancies between information stated in the vehicle registration certificate and the actual vehicle during inspection procedures;
dd) The vehicle registration certificate is not replaced after the inspection following issuance of a modification certificate;
e) The inspection certificate and/or inspection seal is lost or revoked under a notification.
2. Methods of imposition of vehicle warnings and cancellation thereof
a) A vehicle warning shall be recorded in the Vietnam Register’s inspection management software and published on the Vietnam Register’s website;
b) A vehicle warning shall be cancelled immediately upon satisfactory re-inspection results or upon provision of evidence proving that the cause for warning has been remedied;
c) In cases where a vehicles is subject to a warning in accordance with point c, clause of this Article, the warning-imposing entity must notify the local police authority of such vehicle warning.
3. Imposition of warnings and cancellation thereof
a) The Department of Transport shall impose and cancel vehicle warnings in respect of cases specified in points a and b, clause 1 of this Article at the request of the competent or procedural authorities in administrative divisions;
b) A vehicle registration and inspection facility shall impose and cancel vehicle warnings in respect of cases specified in points c, d, dd, and e, clause 1 of this Article.
c) The Vietnam Register shall impose and cancel other vehicle warnings, except those specified in points a and b of this clause.
Article 13. Inspection certificates and inspection seals
1. A physical or electronic certificate of motor vehicle/heavy-duty vehicle inspection shall consist of inspection certificate and inspection seal.
2. Both the inspection certificate and inspection seal shall be simultaneously issued to a vehicle running on public roads.
3. Only the inspection certificate shall be issued to a vehicle not running on public roads or required to have permission from the competent authority to run on public roads or a vehicle exceeding the capacity or dimensional limit of a road.
4. An inspection certificate and/or inspection seal of a vehicle shall be invalid if:
a) The vehicle inspection is not conducted in accordance with the regulations on inspection sequence and procedures;
b) The inspection dossier is prepared or certified contrary to the provisions on inspection;
c) The vehicle inspection is conducted by unauthorized and unqualified personnel;
d) The vehicle inspection is conducted using measuring instruments that do not meet accuracy requirements;
dd) The vehicle is subject to warnings in accordance with clause 1, Article 12 hereof.
5. An inspection certificate and/or inspection seal of a vehicle shall cease to be valid if:
a) The vehicle is damaged such that it no longer conforms to technical safety or environmental protection standards;
b) A warning on loss or revocation of the vehicle's inspection certificate and/or inspection seal has been recorded in the Vietnam Register’s inspection management software;
c) The vehicle's old inspection certificate and/or inspection seal has been replaced by new certificate and/or seal;
d) The vehicle inspection results are unsatisfactory due to Major Defects (MaD) and must undergo repairs before re-inspection;
d) The vehicle inspection results are unsatisfactory due to Major Defects (MaD) and the vehicle must undergo repairs before re-inspection;
6. Inspection certificate and inspection seal blanks
Blanks used for printing inspection certificates and inspection seals of the respective vehicle types are specified as follows:
a) Green bank (Form No. 01 specified in Appendix IV enclosed herewith) applicable to motor vehicles using clean, green, or environmentally friendly energy;
b) Orange-yellow bank (Form No. 02 specified in Appendix IV enclosed herewith) applicable to other motor vehicles;
c) Pink-purple bank (Form No. 03 specified in Appendix IV enclosed herewith) applicable to heavy-duty vehicles;
7. Issuance of inspection certificate and inspection seal blanks
a) From the 15th to the 20th day of the last month of each quarter or upon request for additional blanks, a vehicle registration and inspection facility that wish to be issued inspection certificate and inspection seal blanks shall submit a written request and inventory report using Form specified in Appendix V enclosed herewith via the Ministry of Transport’s public service portal and single-window system;
b) Within 03 working days from the date of receipt of the written request, the Vietnam Register shall send a notification of the quantity of blanks to be issued to the vehicle registration and inspection facility, using Form specified in Appendix VI enclosed herewith. The vehicle registration and inspection facility shall, based on such notification, pay blank printing and distribution costs;
c) Within 05 working days of receiving payment, the Vietnam Register shall issue blanks in the corresponding quantity.
8. Management and use of inspection certificate and inspection seal blanks
a) The vehicle registration and inspection facility shall prepare a physical or electronic register for monitoring and management of receipt and issuance of blanks, using Form specified in Appendix VII enclosed herewith;
b) Damaged blanks shall be stored by type and serial order on a monthly basis, with the reason for damage stated in each blank.
9. Management, use, and destruction of damaged inspection certificate and inspection seal blanks
a) Annually, the vehicle registration and inspection facility shall file a request to the Department of Transport for audit of the facility's management and use of blanks and destruction of the previous year’s damaged blanks by January 30, using Form specified in Appendix VIII enclosed herewith.
b) Within 05 working days from the date of receipt of such request, the Department of Transport shall conduct an audit of the facility's management and use of blanks and prepare a record of destruction of damaged blanks using Form specified in Appendix IX enclosed herewith.
Article 14. Competence to issue inspection certificates
1. Regarding motor vehicle registration and inspection facilities
a) Their leaders as prescribed in point a, clause 1, Article 6 hereof;
c) Leaders of their inspection divisions as assigned;
2. Regarding exhaust inspection facilities
a) Their leaders appointed in accordance with law;
b) Their vehicle inspectors who sign inspection certificates as assigned.
Article 15. Suspension of inspection operation of vehicle registration and inspection facilities
1. A vehicle registration and inspection facility shall have its inspection operation suspended in any of the following cases:
a) Fail to provide information on stored vehicle dossier to other vehicle registration and inspection facilities upon request;
b) Disclose login accounts used for updating motor vehicle/heavy-duty vehicle warnings on the inspection-related software system to persons who are not assigned by the facility to manage and use such accounts;
c) Fail to notify the revocation of its inspection certificate and inspection seal issued contrary to law;
d) Arbitrarily alter, erasure, or delete the record for vehicle dossier preparation or vehicle inspection result report.
2. Suspension period
A vehicle registration and inspection facility that commit violations specified in clause 1 of this Article shall have its inspection operation suspended for 01 month.
Article 16. Revocation of certificate of eligibility for inspection
1. A vehicle registration and inspection facility shall have its certificate of eligibility for inspection revoked in any of the following cases:
a) Its certificate of eligibility for motor vehicle inspection and certificate of eligibility for motorbike/moped exhaust inspection are issued on the basis of falsified dossiers, documents, or materials.
b) Its certificate of eligibility for motor vehicle inspection and certificate of eligibility for motorbike/moped exhaust inspection are intentionally erased or altered, resulting in falsification.
c) Its inspection operation is suspended in accordance with Article 15 of this Decree three (03) times within a consecutive twelve-month period;
d) It is administratively sanctioned three (03) times or more in accordance with the Decree on administrative penalties for violations against the regulations on road traffic order and safety, excluding driving license point deduction or recovery within a consecutive twelve-month period;
dd) It has at least five (05) vehicle inspectors suspended from inspection operation or at least three (03) vehicle inspectors whose vehicle inspector certificate is revoked within a consecutive twelve-month period;
e) It alters vehicle or inspection data with aiming to legitimizing vehicle information or vehicle testing results;
g) It fails to maintain a division responsible for performing tasks pertaining to inspection dossiers during the period of temporary cessation or suspension of inspection operation (except in cases of force majeure as prescribed by law).
h) It temporarily ceases inspection operation for more than twelve (12) consecutive months;
It assigns persons who are not vehicle inspectors to conduct inspections; or assigns one vehicle inspector to conduct inspections at 02 vehicle registration and inspection facilities within the same day.
k) It is dissolved.
2. A vehicle registration and inspection facility whose certificate of eligibility for inspection has been revoked is only considered being re-issued another certificate after twelve (12) months from the date of the revocation decision, except for the case specified at point h, clause 1 of this Article.
1. A vehicle registration and inspection facility that temporally ceases its operations for three (03) consecutive days or more but less than thirty (30) days shall:
a) Send a notification of such suspension to the Department of Transport and the Vietnam Register, specifying the reasons for such temporary cessation and remedial measures;
b) Post a notification of such suspension in its waiting room;
c) Maintain a division responsible for performing tasks pertaining to inspection dossiers.
2. A vehicle registration and inspection facility that temporarily ceases its operations for a period from thirty (30) consecutive days to twelve (12) consecutive months shall:
a) Send a notification of such suspension to the Department of Transport and the Vietnam Register, specifying the reasons for such temporary cessation, and temporary cessation period after the 30th day of temporary cessation;
b) Fulfill the responsibilities specified in points b and c, clause 1 of this Article.
SERVICE LIFE OF MOTOR VEHICLES
Article 18. Determination of service life
1. The service life of cargo automobiles (trucks) and specialized cargo automobiles (heavy-duty trucks) shall be twenty-five (25) years from the year of manufacture.
2. The service life of passenger automobiles with at least 9 people in seating capacity (excluding the driver); automobiles transporting preschool children and students; four-wheeled motorized cargo vehicles shall be twenty (20) years from the year of manufacture.
3. The service life of four-wheeled motorized passenger vehicles shall be fifteen (15) years from the year of manufacture.
4. The service life of vehicles similar to motor vehicles shall be determined in accordance with clauses 1, 2, and 3 of this Article; and conform to the functions and purposes of each specific type of similar vehicle.
Article 19. Determination of year of manufacture
1. The year of manufacture of a vehicle shall be determined on the basis of the information specified in the following materials, in the order of priority:
a) Certificate of technical safety and environmental protection for a imported motor vehicle; certificate of ex-factory quality inspection for a domestically manufactured or assembled vehicle;
b) Manufacturer's information on the year of manufacture affixed to the vehicle
c) Verification results from the manufacturer or materials provided by the manufacturer
2. A vehicle shall be deemed to have exceeded its service life in cases where there are no materials, dossiers, or bases specified in clause 1 of this Article.
Article 20. Responsibilities of the Ministry of Transport
1. Take responsibility for state management of motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection and implementation of this Decree.
2. Promulgate the programs and contents concerning provision of training, internship, assessment, and performance of professional tasks for Grade I vehicle inspectors, Grade II vehicle inspectors, and Grade III vehicle inspectors.
Article 21. Responsibilities of the Ministry of Information Technology
Conduct inspection and calibrate measuring instruments; take charge of and cooperate with relevant ministries and central authorities in conducting inspections and audits on the use of measuring instruments in the motor vehicle inspection and motorbike/moped exhaust inspection in accordance with law on metrology.
Article 22. Responsibilities of the Vietnam Register
1. Conduct specialized inspections and audits on the provision of motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection services nationwide; handle or recommend handling of violations within its competence.
2. Develop and uniformly manage softwares used in the motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection, grant access rights to and provide user instructions of such softwares for vehicle registration and inspection facilities; share the motor vehicle/heavy-duty vehicle registration and inspection database with relevant authorities for cooperation in management; impose warnings and cancel warnings as prescribed in point c, clause 3, Article 12 hereof.
3. Grant trial access to the inspection management software to organizations establishing vehicle registration and inspection facilities applying for a certificate of eligibility for inspection.
4. Compile materials and provide guidance, training, internship, and assessment for vehicle inspectors and professional staff; disseminate legislative documents, update and improve professional skills for vehicle inspectors; provide training to Departments of Transport and vehicle registration and inspection facilities on inspection management practices.
5. Uniformly manage and issue inspection certificate and inspection seal blanks; print and distribute inspection certificate and inspection seal blanks.
6. Publish the list of vehicle registration and inspection facilities whose certificate of eligibility for inspection is initially issued, reissued, suspended, and revoked and the list of vehicle inspectors and professional staff on the Vietnam Register’s website.
7. In January every year, compile a list of vehicles that have exceeded their service life and notify the Traffic Police Department; compile motor vehicle/heavy-duty vehicle exhaust inspection results and notify the Department of Environmental Pollution Control (under the Ministry of Natural Resources and Environment) for cooperation in monitoring, audit and management.
8. Engage in conducting audits and assessing motor vehicle registration and inspection facilities in accordance with the technical requirements set forth in the National Technical Regulation on Vehicle Registration and Inspection Facilities.
9. Hand over applications for issuance of certificates of eligibility for motor vehicle inspection assessed by the Vietnam Register to Departments of Transport for archival and management.
10. Designate conformity assessment organizations to assess the conformity of motor vehicle registration and inspection facilities with the National Technical Regulation on Vehicle Registration and Inspection Facilities in accordance with laws on product and goods quality; and publish such designations on the Vietnam Register’s website.
Article 23. Responsibilities of People's Committees of provinces and municipalities
1. Cooperate with the Ministry of Transport to organize the implementation of this Decree.
2. Direct the Departments of Transport and other relevant local authorities to perform the state management of the motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection within their administrative divisions in accordance with this Decree.
Article 24. Responsibilities of the Departments of Transport
1. Manage, conduct inspections and audits regarding the implementation of regulations on the motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection within their administrative divisions, handle or recommend handling of the detected violations within their competence.
2. Initially issue, reissue, suspend, or revoke the certificates of eligibility for motor vehicle inspection, and certificates of eligibility for motorbike/moped exhaust inspection.
3. Conduct audits on the eligibility of vehicle registration and inspection facilities and assess thereof:
a) With regard to motor vehicle registration and inspection facilities: conduct audits on the eligibility and assess thereof in accordance with this Decree; the National Technical Regulation on Vehicle Registration and Inspection Facilities. In cases where a conformity assessment organization is designated as prescribed in clause 10 of Article 22 hereof, the certification results given by such organization shall be used.
b) With regard to motorbike/moped exhaust inspection facilities: conduct audits on the eligibility and assess thereof in accordance with this Decree; the National Technical Regulation on Vehicle Registration and Inspection Facilities; use inspection and calibration results in accordance with the law on metrology.
4. Conduct audits on the management and use of inspection certificate and inspection seal blanks, and damaged inspection certificates and inspection seals at motor vehicle registration and inspection facilities in accordance with clauses 8 and 9 of Article 13 hereof.
5. Request the Vietnam Register to engage in conducting audits on the eligibility of motor vehicle registration and inspection facilities and assessing thereof in accordance with the technical requirements set forth in the National Technical Regulation on Vehicle Registration and Inspection Facilities.
6. Disseminate the provisions of this Decree and relevant legal regulations on the motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection to relevant organizations and individuals within their administrative divisions.
7. Impose warnings and cancel warnings as prescribed in point a, clause 3 of Article 12 hereof.
8. Publish the list of vehicle registration and inspection facilities and motorbike/moped exhaust inspection facilities whose certificate of eligibility for inspection is initially issued, reissued, suspended, and revoked; the list of vehicle inspectors and professional staff; and the list of vehicle inspectors whose vehicle inspector certificate is suspended on the Department of Transport’s website.
9. Designate personnel to attend professional training courses on inspection management practices.
10. Send the implementation results of clauses 1 and 2 of this Article (either in paper or electronic form) to the Vietnam Register before the 30th of the last month of each quarter or upon request, using the Form specified in Appendix X enclosed herewith.
1. Comply with the relevant regulations outlined in this Decree and the National Technical Regulation on Vehicle Registration and Inspection Facilities.
2. Take responsibility for the legality of applications for issuance of a certificate of eligibility for motor vehicle inspection, and certificate of eligibility for motorbike/moped exhaust inspection.
3. Operate, install, and run the inspection management software test at the vehicle registration and inspection facility before applying for issuance of a certificate of eligibility for inspection.
4. Fail to interfere with the motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection of the affiliated vehicle registration and inspection facility to commit violations against law.
5. Request conformity assessment organizations to conduct audits and assess in accordance with clause 10 of Article 22 hereof, and use the audit and assessment results to carry out the procedures for initial issuance of a certificate of eligibility for motor vehicle inspection.
Article 26. Responsibilities of vehicle registration and inspection facilities
1. Develop and promulgate internal processes and guidelines to sufficiently carry out inspection contents in accordance with the regulations on the motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection.
2. Internally manage and supervise inspection operation and take full responsibility for any violation or misconduct that occur at the facility.
3. Manage and use inspection certificate and inspection seal blanks; destroy inspection certificates and inspection seals in accordance with clauses 8 and 9 of Article 13 hereof; cut the corners of the inspection certificates in cases where the vehicle inspection results are unsatisfactory due to Major Defects (MaD) or Dangerous Defects (DD).
4. Cooperate with the relevant regulatory agencies in the implementation and pilot application of new inspection technologies and equipment for the motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection.
5. Before January 15 each year, review and send a physical or electronic report on the list of vehicles that have exceeded their service life of the immediately preceding year to the Vietnam Register, the Department of Transport, and the Traffic Police Department; transmit data and reports in accordance with the Ministry of Transport.
6. Sufficiently hand over dossiers concerning the motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection and unused inspection certificate and inspection seal blanks as directed by the Department of Transport in cases where the certificate of eligibility for inspection is revoked.
7. Manage and use softwares provided by the Vietnam Register in the motor vehicle/heavy-duty vehicle inspection and motorbike/moped exhaust inspection and unused inspection certificate and inspection for the correct purpose, ensuring cybersecurity and safety.
8. Send a physical or electronic revocation notification using the Form specified in Appendix XII enclosed herewith to owners of vehicles whose inspection certificate and/or inspection seal is invalid, and update warnings into the inspection management software.
9. Collect service prices, fees, charges, and fulfill financial obligations concerning inspection operation to the state budget in accordance with law.
10. Request conformity assessment organizations to conduct audits and assess in accordance with clause 10 of Article 22 hereof, and use the audit and assessment results to carry out the procedures for re-issuance of a certificate of eligibility for motor vehicle inspection.
11. Impose warnings and cancel warnings as prescribed in point b, clause 3 of Article 12 hereof, and in cases where the vehicle inspection results are unsatisfactory.
Article 27. Transitional provisions
1. Motor vehicle registration and inspection facilities whose certificate of eligibility for motor vehicle inspection is issued before the effective date of this Decree but have not yet met the requirements specified in cause 1,Article 5 hereof may maintain their operation until December 31, 2028.
2. Motor vehicle registration and inspection facilities that have been issued with certificates of eligibility for motor vehicle inspection but have not yet undergone audits and assessment by a conformity assessment organization as prescribed in clause 10 Article 22 hereof must undergo audits and assessment of conformity with the National Technical Regulation on Vehicle Registration and Inspection Facilities by January 1, 2029.
3. Motor vehicle inspectors whose vehicle inspector certificate is issued before the effective date of this Decree shall be considered as Grade II vehicle inspectors; senior motor vehicle inspectors whose vehicle inspector certificate is issued before the effective date of this Decree shall be considered as Grade I vehicle inspectors.
4. Vehicles with service life determined before the effective date of this Decree shall retain their existing service life unchanged. Vehicles without a defined service life before the effective date of this Decree shall remain without one.
5. Applications for a certificate of eligibility for motor vehicle inspection submitted to the Departments of Transport or the Vietnam Register before the effective date of this Decree shall be processed in accordance with the provisions of Decree No. 139/2018/ND-CP amended by Decree No. 30/2023/ND-CP .
6. Inspection certificate and inspection seal blanks issued in accordance with Circular No. 16/2021/TT-BGTVT ; Circular No. 16/2014/TT-BGTVT ; Circular No. 86/2014/TT-BGTVT ; and Circular No. 89/2015/TT-BGTVT shall be used until June 30, 2025.
1. This Decree comes into force from January 1, 2025, except for point d, clause 1, Article 16 hereof which comes into force from January 1, 2026.
2. The following Decrees shall cease to be effective from the effective date of this Decree:
a) Decree No. 95/2009/ND-CP ;
b) Decree No. 139/2018/ND-CP ;
c) Decree No. 30/2023/ND-CP ;
d) Decree No. 121/2024/ND-CP ;
3. Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of the People’s Committees of provinces and municipalities, and relevant organizations and individuals shall implement this Decree./.
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ON BEHALF OF GOVERNMENT OF VIETNAM |
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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
