Nghị định 139/2018/NĐ-CP quy định về kinh doanh dịch vụ kiểm định xe cơ giới

THE GOVERNMENT 

DecreeNo. 139/2018/ND-CP dated October 08, 2018of the Governmentonrequirements for motor vehicle inspection service business

Pursuant to the Law on Organization of the Government dated June 19, 2015;

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

Pursuant to Law on Enterprises dated November 26, 2014;

Pursuant to the Law on Investment dated November 26, 2014; the Law on the amendments to Article 6 and Appendix 4 on list of conditional lines of business of the Law on Investment dated November 22, 2016;

At the request of the Minister of Transport;

The Government has promulgated the Decree on requirements for motor vehicle inspection service business.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of adjustment

This Decree regulates requirements for inspection service business with respect to automobiles, trailers, semi-trailers hauled by automobiles and similar vehicles (hereinafter referred to as “motor vehicles”); management and the issue of certificates of eligibility for motor vehicle inspection (hereinafter referred to as “certificates of eligibility”).

Article 2.Subjects of application

1. This Decree applies to agencies, organizations and individuals in relation to motor vehicles inspection service management, operation and business.

2. This Decree does not apply to agencies, organizations and individuals performing inspection of motor vehicles used by military, public security forces for national defense and security purposes.

Article 3. Interpretation of terms

For the purposes of this Decree, these terms below shall be construed as follows:

1. “Motor vehicle inspection” or “inspection” refers to initial and regular inspection of quality of technical safety and environmental protection for motor vehicles.

2. “Certificate for inspection of technical safety and environmental protection for road motor vehicles” or “inspection certificate” refers to the certificate confirming that motor vehicle has been inspected and met all the standards, regulations on quality of technical safety and environmental protection.

3. “Motor vehicle registration unit” or "registration unit” refers to organizations established according to laws, providing services of verification, registration and issuing the inspection certificate.

4. “Certificate of eligibility for motor vehicles inspection” or “Certificate of eligibility” refers to a certificate confirming that the registration unit is eligible for motor vehicle inspection.

5. “Inspector” refers to a person who is qualified to obtain an inspector certificate to perform any or all of motor vehicle inspection activities. There are two types of inspector: motor vehicle inspectors (hereinafter referred to as “inspectors”) and high-level motor vehicle inspectors (hereinafter referred to as “high-level inspectors”).

6. “Inspection staff” refers to any person who is qualified to obtain a certificate of professional staff to perform the following tasks: receive, return, store documentation, insert data, search, examine, and compare dossiers of vehicles undergoing inspection and print certificate of inspection.

7. “Inspection line staff” refers to any person who is qualified and experienced in motor vehicle inspection to ensure that the motor vehicle line inspection meets statutory regulations, process, technical regulations and standards and guidelines for inspection.

8. “Inspection station” refers to the area where inspection equipment, support equipment and other facilities are located.

9. “Inspection line” refers to the place where positions of inspection and installation of inspection equipment are arranged. An inspection line comprises two types:

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.

Article 4. Principles for motor vehicle inspection services

1. Only holders of certificates of eligibility are eligible for providing motor vehicle inspection services.

2. Organizations performing motor vehicle inspection services (hereinafter referred to as “inspection organizations”) shall be legally and financially independent from providers of auto transport services, services of motor vehicle care and repairs. Legally and financial independence shall be interpreted as follows:

a) Not affiliated to a superior body;

b) The provider of auto transport services, services of motor vehicle care and repairs does not hold more than 10% of shares or stakes of the inspection organization.

Chapter II

REQUIREMENTS FOR ISSUE OF CERTIFICATES OF ELIGIBILITY

Article 5. General requirements

Requirements for facilities, inspection line, and personnel prescribed in this Decree and National Technical Regulation on registration units eligible for obtaining certificates of eligibility promulgated by the Ministry of Transport.

Article 6. Requirements for facilities, inspection line

1. Premises of the registration unit mean a land plot for facilities of motor vehicle inspection to be located, with the areas regulated below:

a) For registration units with one Type I inspection line, minimum area of the premises for inspection activities is 1,250 m2;

b) For registration units with one Type II inspection line, minimum area of the premises for inspection activities is 1,500 m2;

c) For registration units with two inspection lines, minimum area of the premises for inspection activities is 2,500 m2;

d) For registration units with at least three inspection lines, usable area for each corresponding additional inspection line should not be less than 625 m2;

2. Inspection station

a) Inspection stations with only one Type I inspection line: Minimum size including clearance around the vehicle (length x width x height): 30 x 4 x 3.5 (m);

b) Inspection stations with only one Type II inspection line: Minimum size including clearance around the vehicle (length x width x height): 36 x 5 x 4.5 (m);

c) For inspection stations with several adjacent inspection lines, the distance between centers of inspection lines should be at least 4 meters and the distance between the center of the outermost line and inner face of the station s wall should be at least 2.5 meters.

d) In case inspection lines are positioned in several inspection stations, minimum total length of the inspection stations should be equal to the length of corresponding inspection lines as prescribed in Point a, Point b of this Clause.

3. The inspection line must be located or erected with inspection tools and equipment in conformity with National Technical Regulation promulgated by the Ministry of Transport, ensuring the whole inspection of systems, subassembly, parts of motor vehicles on roads to meet regulations on technical safety and environmental protection as prescribed in the Law on Road Traffic.

Article 7. Requirements for personnel

Requirements for personnel below must be satisfied:

1. Each inspection line must have at least three inspectors at least one of whom is high-class inspector.

2. Inspection line captain should be arranged in place. Each captain shall take charge of two inspection lines at a maximum.

3. The head and professional staff of the registration unit meets requirements prescribed herein.

Chapter III

ISSUE, SUSPENSION AND REVOCATION OF CERTIFICATES OF ELIGIBILITY

Article 8. Procedures for issue of certificates of eligibility

1. After construction and installation of technical facilities are completed, the registration unit should prepare and send one application dossier to the Vietnam Register for issue of the inspection condition certificate. The application includes:

a) A written request;

b) List of personnel working in the registration unit accompanied by authenticated copies of employment contracts as prescribed or employment hiring decisions(in case of inspectors, inspection staff); appointment decision (in case of captains of inspection lines or heads of registration units) (if any);

c) Inspection of whether facilities and inspection line in reality comply with National Technical Regulation;

d) Layout of overall ground and buildings with inspection lines and equipment;

dd) Labor safety and fire safety manuals as per the law.

2. Procedures for issue of certificates of eligibility:

a) Within 3 working days after receiving a complete and valid application, the Vietnam Register shall notify the registration unit of time of inspection at the premises. If the application is not complete and valid, the Vietnam Register shall notify the registration unit in writing and provide explanation;

b) Within 5 working days since notice, the Vietnam Register shall undertake an inspection visit to the registration unit s premises. The inspection result shall be recorded using Form in Appendix I issued herewith. If the registration unit passes the inspection, within five working days the Vietnam Register shall issue it with a certificate of eligibility; failing which, the Vietnam Register shall notify the registration unit of correcting objectionable conditions in writing for further inspection.

3. Receiving applications and giving processing result shall be carried out in person at the Vietnam Register, by post or through other suitable forms. Required documents as to every form of receipt must comply with Clause 1 hereof.

4. The certificate of eligibility shall be made based on the form prescribed in Appendix II issued herewith.

Article 9. Procedures for re-issue of certificates of eligibility

1. Procedures for re-issue of certificates of eligibility due to revocation are the same as procedures as instructed in Article 8 hereof.

2. If the certificate of eligibility is lost or damaged, the registration unit may send a written request for re-issuance to the Vietnam Register. The Vietnam Register shall rely on records to re-issue the certificate of eligibility after 5 working days since receipt of the written request, clearly specifying that the certificate of eligibility is issued and then invalidate the lost or damaged certificate.

3. If the registration unit changes its location, premises, inspection station, re-arrangement of inspection lines different from those mentioned in the issued certificate of eligibility or changes inspection equipment which affects the number of inspection lines permitted for operation, it shall notify the Vietnam Register of such changes (enclosed with a document proving compliance with facilities and inspection lines in National Technical Regulation). Within 5 working days from receipt of the notice, the Vietnam Register shall inspect and verify the change. If the request for change meets the requirement, a certificate of eligibility shall be issued within 5 working days; failing which, the Vietnam Register shall, within 5 working days, send a notice to the registration unit to correct objectionable conditions and for re-inspection.

4. If the registration unit makes any change in personnel affecting the number of lines permitted for operation, it must notify the Vietnam Register of such change. The Vietnam Register shall, based on the application which is being kept, re-issue a certificate of eligibility within 5 working days from receipt of the notice.

Article 10. Temporary suspension of inspection activities

1. The registration unit shall have an inspection line suspended for 1 to 3 months if it commits one of the following violations:

a) Failing to meet one of conditions, requirements prescribed in this Decree and National Technical Regulation on registration units;

b) At least two times inspectors are suspended from activities within 12 consecutive months;

c) Assigning inspectors not in conformity with the inspector certificate.

2. The registration unit shall have its entire system of inspection suspended for 1 to 3 months if it commits one of the following violations:

a) Perform inspection and issue inspection certificates to motor vehicles without compliance with technical regulations and standards, authority;

b) At least three times inspectors are suspended from activities or at least two inspectors who have their inspector certificates revoked within 12 months;

c) At least two times inspection lines are suspended within 12 consecutive months;

d) Perform inspection with inspection equipment, tools being damaged, failing to ensure accuracy or not undergoing inspection, evaluation and calibration as prescribed.

3. As the case may be and depending on the severity of violation, the registration unit may also face penalties for administrative violations as per the law.

Article 11. Revocation of certificates of eligibility

The registration unit shall have its certificate of eligibility revoked in one of following cases:

1. Falsify applications, documents to be eligible for issue of certificates of eligibility.

2. Intentionally erase and falsify contents of the issued certificate of eligibility.

3. Stop performing inspection for more than 12 consecutive months.

4. Be suspended from inspection activities more than two times in 12 consecutive months.

5. At least five times inspectors are suspended from activities or at least three inspectors who have their inspector certificates revoked within 12 consecutive months.

6. The registration unit is dissolved.

Article 12. Procedures for suspension of operation, revocation of certificates of eligibility

1. The Vietnam Register shall make a decision on suspension of operation, revocation of certificates of eligibility, give notification to relevant agencies for coordination and make public notice on the website.

2. The registration unit should return the certificate of eligibility to the Vietnam Register in case of revocation and at the same time stop activities immediately after effective date of the decision.

3. The registration unit having its certificate of eligibility revoked is only considered being re-issued with another certificate of eligibility after 36 months since the revocation date.

4. After the certificate of eligibility is revoked and inspection activities are suspended, the head of the registration unit and inspectors shall continue to be responsible to the law for inspection results issued still in force.

5. After the certificate of eligibility is revoked and inspection activities are suspended, relevant organizations, individuals shall continue to perform other obligations and responsibilities according to laws.

Article 13. Procedures for bringing inspection activities to a halt

1. In case of an abrupt halt for at least one day, the registration unit should give notification to the Service of Transport in the locality, the Vietnam Register specifying reasons and remedial plans; post notice at the lounge and maintain personnel for handling matters relating to inspection documents.

2. In case the registration unit makes a request for a halt for 12 consecutive months.

a) The registration unit should give a report on reasons for the halt and duration to the Service of Transport, the Vietnam Register 30 days prior to the halt and at the same time post a notice at the lounge and via means of mass media;

b) Maintain personnel for handling matters relating to inspection documents.

3. In case the registration unit makes a request for a halt for more than 12 consecutive months.

a) The registration unit should give a report on reasons for the halt and duration to the Service of Transport, the Vietnam Register 30 days prior to the halt and at the same time post a notice at the lounge and via means of mass media;

b) Return the certificate of eligibility;

c) Transfer all the records of motor vehicles to other registration units as instructed by the Vietnam Register.

Chapter IV

MANAGEMENT AND OPERATION OF REGISTRATION UNITS

Article 14. Inspectors

1. Eligibility for inspector certificates

a) Qualifications: Obtaining a bachelor’s degree in mechanical engineering, the training program should cover the following subjects: Automotive theory, Automotive structures, Structure calculation, Technical maintenance, Internal combustion engine, Automotive electricity or equivalent subjects. If there are some subjects which are not covered by the above program, they may be trained at other universities or senior colleges;

b) Having experience at least 12 months of probation as an inspector in the registration unit after completing training;

c) Having passed the inspector test as prescribed by the Ministry of Transport. The inspection test result shall be recorded using Form in Appendix IV issued herewith;

d) Having a driving license that remains effective.

2. Eligibility for high-level inspector certificates

a) Qualifications: Obtaining a bachelor’s degree in mechanical engineering, the training program should cover the following subjects: Automotive theory, Automotive structures, Structure calculation, Technical maintenance, Internal combustion engine, Automotive electricity or equivalent subjects.

b) Have experience of at least 36 months as an inspector;

c) Having passed the high-level inspector test as prescribed by the Ministry of Transport. The inspection test result shall be recorded using Form in Appendix IV issued herewith.

Article 15. Procedures of issue of inspector certificates

1. Persons who meet requirements as prescribed in Article 14 hereof may make requests to the Vietnam Register for the issue of the inspector certificate. The application for the issue of the inspector certificate includes:

a) Written request;

b) Resume according to the form in Appendix III enclosed herewith (in case of applying for the first issuance or re-issuance after revocation);

c) Copies extracted from master register or authenticated copies or copies enclosed with originals of first university degrees, transcripts;

d) Written confirmations of probation period of the inspector issued by the registration unit (for an inspector);

dd) One (01) color 4x6 photo, taken for no more than six months.

2. Procedures:

a) Organizations, individuals should prepare the application as prescribed in Clause 1 of this Article and make the submission to the Vietnam Register. For an inspector (distinguished from high-level inspector), submission of the application should be done within 12 months since the date of completion of probation period;

b) Within three working days since receipt of the application, the Vietnam Register shall carry inspection of the application and give notification to applicants of the time for performing evaluation of professional competence and knowledge of relevant standards, regulations; If the applicant fail to meet the requirements, Vietnam Register must reply in writing and clearly state the reasons therefor;

c) The Vietnam Register shall carry out the evaluation and record inspector s performance in the evaluation record according to the form in Appendix IV enclosed herewith; if the performance is satisfactory, the inspector certificate shall be issued within five working days since the date of evaluation. Otherwise, the applicant may make a request to the Vietnam Register for re-evaluation after one month since the date of evaluation;

d) Receiving applications and giving processing result shall be carried out in person at the Vietnam Register, by post or through other suitable forms.

3. The inspector certificate conforms to the form in Appendix V enclosed herewith and takes effect for 36 months since the date.

Article 16. Procedures of re-issue of inspector certificates

1. Within 30 days before the inspector certificate expires, the registration unit, inspector should send a written request (accompanied by color 4x6 photo, taken for no more than six months) to the Vietnam Register for re-issue of the inspector certificate.

Within five working days since receipt of the written request, the Vietnam Register shall carry out evaluation of the inspector’s professional competence at the registration unit and issue the inspector certificate after three working days since the date of evaluation (if result is satisfactory). If result is unsatisfactory, the applicant may make a request to the Vietnam Register for re-evaluation after one month since the date of evaluation.

2. If the inspector certificate is lost or damaged, the inspector may make a written request to the Vietnam Register for re-issuance. The Vietnam Register shall rely on records to re-issue the inspector certificate after five working days since receipt of the written request, specifying that an inspector certificate is re-issued and the lost or damaged certificate is annulled. The re-issued inspector certificate shall have validity period not exceeding the validity period of the former inspector certificate.

Article 17. Temporary suspension of inspectors’inspection activities

The inspector shall be suspended from performing inspection activities from one to three months in following cases:

1. Falsify inspection results;

2. Fail to comply with relevant procedures, technical regulations and standards and relevant guidelines for inspection activities.

Article 18. Revocation of inspector certificates

The inspector shall have his/her inspector certificate revoked in following cases:

1. Violating one of Clauses Article 17 hereof leading to a serious consequence in respect of vehicle safety.

2. Falsifying applications to enable the inspector certificate to be issued.

3. Being suspended from inspection activities more than two times in 12 consecutive months.

4. Being convicted by the court;

5. Having civil act capacity lost or limited;

6. There is a 12-month period over which the inspector fails to carry out inspection activities or guide or evaluate the inspector practices.

7. Working for two registration units at the same time.

Article 19. Procedures for suspension of inspection activities and revocation of inspector certificates

1. The Vietnam Register shall make decision on suspension of inspection activities and revocation of inspector certificates from inspectors, give notification to relevant agencies for coordination and make public notice on the website.

2. The inspector should return the inspector certificate to the Vietnam Register (in case of revocation) and at the same time stop performing activities in the registration unit immediately after the decision on revocation takes effect.

3. Inspectors having inspector certificates revoked may apply for re-issuance of inspector certificates only after 36 months since the date of revocation.

Article 20. Inspection staff

1. Having at least vocational secondary school degrees.

2. Have been trained and granted certificates of training in inspection as prescribed by the Ministry of Transport.

Article 21. Temporary suspension of inspection staff’s activities

The inspection staff shall be suspended from performing inspection activities from one to three months in following cases:

1. Falsification ofapplicationsin motor vehicle inspection.

2. Failing to comply with relevant procedures, technical regulations and standards and relevant guidelines for inspection activities.

Article 22. Procedures for suspension of inspection staff’s activities

1. The Vietnam Register shall promulgate a decision on suspension and notify relevant agencies of such decision for cooperation.

2. The inspection staff shall stop performing motor vehicle inspection at the registration unit as soon as practicable after effective date of the decision.

Article 23. Inspection line captain

1. Working as high-level inspectors.

2. Taking responsibility for motor vehicle inspection of the inspection line that they take charge.

Article 24. Head of registration unit

1. The head of registration unit is a person who administrates the inspection activities of the registration unit and sign inspection certificates.

2. The head of registration unit must be an inspector who has performed inspection for at least 36 months and has been appointed as per the law.

Article 25. Regulations on operation of the registration unit

1. Perform inspection and issue inspection certificates to motor vehicles in compliance with technical regulations and standards and guidelines relevant to inspection.

2. Maintain facilities, personnel and inspection lines.

3. Collect service charges and fees for motor vehicle inspection and other amounts receivable (if any) and fulfill financial liabilities as per the law.

4. Within 18 months since the certificate of eligibility is issued, the registration unit should construct, apply and maintain quality management system according to ISO 9001;

5. Post at inspection stations procedures and content of inspection; schedule of prices, fees, charges, inspection cycle, hot lines of the Vietnam Register and other notifications as prescribed.

6. Transmit data and send reports as prescribed.

Article 26. Number of motor vehicles to be inspected by registration unit

Number of motor vehicles to be eligible for issue of inspection certificates in a day (within eight working hours) should meet simultaneously following requirements:

1.  No more than 20 vehicles/day if each inspector takes charge of one vehicle; no more than 20 times the number of inspectors/day (number of inspector multiplying by 20) if more than one inspector takes charge of one vehicle.

2. No more than 90 vehicles for one type I inspection line and no more than 70 vehicles for one type II inspection line. If the type II inspection line is only used to inspect a motor vehicle with weight distributed on each single axis up to 2,000 kg, the number of vehicles for inspection is the same as the type I inspection line.

Chapter V

IMPLEMENTATION ORGANIZATION

Article 27. Implementation

1. The Ministry of Transport shall provide guidelines, inspect and take actions against violations of this Decree; promulgate national regulations on vehicle registration units.

2. People’s committees of central-affiliated cities and provinces shall provide instructions to Services of Transport, local state agencies on motor vehicle inspection services performed by registration units in the administrative division as prescribed hereof.

3. Establishing registration units.

a) Take responsibility for legality of application for certificates of eligibility;

b) Notify the Vietnam Register in advance before establishing a registration unit.

4. The Vietnam Register

a) Inspect and supervise performance of tasks prescribed in this Decree on conditions for business, management and operation of motor vehicle inspection;

b) Undertake annual inspection visits to registration units to inspect facilities, human force, inspection equipment, tools, communications, data storage and transmission equipment, documentation and reporting on inspection activities; make assessment and calibration of inspection equipment;

c) Build inspection management software programs and database, manage and unify use of such programs and database system nationwide; set up data connection;

d) Provide training courses in professional competence for inspectors, inspection staff at the request of registration units, organizations and individuals establishing registration units; provide training in professional competence, content and procedures for inspection as prescribed by the Ministry of Transport;

dd) Take or propose actions against violations against organizations or individuals committing violations as prescribed hereof;

e) Publish on the website of the Vietnam Register the list of registration units that have certificates of eligibility granted, suspended or revoked.

5. Registration unit:

a) Comply with provisions set out in this Decree and provisions concerning inspection operation conditions; assign inspectors to join training courses in update of motor vehicle inspection practices in case of changes in standards, regulations on and scientific and technical progress in motor vehicle inspection;

b) Cooperate with competent authorities in performing tasks related to traffic safety, inspecting vehicles to ensure that they conforms to regulations governing safety and environmental protection;

c) Facilitate investigation and inspection of operation conditions by competent agencies;

d) Ensure normal working time from 8 hours/day and five days/week; make it public at the head office of the registration unit;

dd) Transfer adequate documentation in conjunction with vehicles as guided by the Vietnam Register when the registration unit is dissolved or has its certificate of eligibility revoked.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 28. Transitional provisions

1. Any certificate of eligibility granted before the effective date of this Decree shall remain effective till the end of validity period noted thereon.

2. Any inspector certificate granted before the effective date of this Decree shall remain effective till the end of validity period noted thereon. Any person who is joining a training course or probation to become an inspector may be issued with a certificate of eligibility as prescribed in regulations in force during the training or probation period.

3. Any registration unit obtaining a certificate of eligibility and any inspector obtaining an inspector certificate before July 1, 2016 must meet sufficient conditions prescribed in this Decree before July 1, 2019, except for Clause 1, Clause 2 Article 6 and Point a, Point b Clause 1 Article 14 of this Decree.

Article 29. Effect and implementation

1. This Decree takes effect on January 1, 2019 and supersedes Government s Decree No. 63/2016/ND-CP dated July 1, 2016 on requirements for motor vehicle inspection service business.

2. Ministries, heads of ministerial-level agencies, heads of governmental agencies, presidents of the People’s Committees of central-affiliated cities and provinces, relevant organizations and individuals shall implement this Decree./.

For The Government
The Prime Minister
Nguyen Xuan Phuc