Thông tư 18/2019/TT-BGTVT hướng dẫn kinh doanh dịch vụ kiểm định xe cơ giới

MINISTRY OF TRANSPORT

CircularNo. 18/2019/TT-BGTVT dated May 20, 2019 of the Ministry of Transport on providing guidance on implementation of Government’s Decree No. 139/2018/ND-CP dated October 08, 2018 providing regulatory framework for provision of motor vehicle inspection services

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

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 139/2018/ND-CP dated October 08, 2018 providing regulatory framework for provision of motor vehicle inspection services;

At the request of the Director of Science and Technology Department and the Director of Vietnam Register;

The Minister of Transport promulgates a Circular providing guidance on implementation of Government’s Decree No.139/2018/ND-CP dated October 08, 2018 providing regulatory framework for provision of motor vehicle inspection services.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular shall guide the implementation of the Government’s Decree No. 139/2018/ND-CP dated October 08, 2018 providing regulatory framework for provision of motor vehicle inspection services (hereinafter referred to as Decree No. 139/2018/ND-CP).

Article 2. Subjects of application

1. This Circular applies to authorities, organizations and individuals involved in the provision of motor vehicle inspection services.

2. This Circular shall not apply to authorities, organizations and individuals performing the inspection of motor vehicles used in armed forces and public security forces for national defense and security purposes.

Chapter II

PRACTICING MOTOR VEHICLE INSPECTION OPERATIONS

Article 3. Trainee of motor vehicle inspection operations

Persons practicing motor vehicle inspection operations (hereinafter referred to as "trainee inspectors") are the ones meeting the requirements specified in Point a and Point d Clause 1 Article 14 of Decree No. 139/2018/ND-CP and shall be provided with theoretical and practicing training in motor vehicle inspection for the period of at least 12 months.

Article 4. Theoretical training

Trainee inspectors are provided with theoretical training in motor vehicle inspection with the following contents:

1. General knowledge: Motor vehicle inspection stations network, code of ethics, regulations on duties of motor vehicle inspectors and actions against inspectors’ failure to perform their duties, and regulations on penalties for administrative violations against regulations on motor vehicle inspection;

2. Legal documents: Legislative documents and guidelines for motor vehicle inspection operations;

3. Technical regulations, standards and procedures applicable to motor vehicle inspection works;

4. Instructions on the use of inspection equipment;

5. Instructions on motor vehicle inspection by inspected items and inspection methods; motor vehicle inspection steps and procedures; assessment of inspection results;

6. Instructions on the use of programs and software for managing motor vehicle inspection and searching vehicle-related information.

Article 5. Practical training at vehicle inspection stations

1. Trainee inspectors must practice motor vehicle inspection operations at vehicle inspection stations within 10 days after completing theoretical training.

2. During practical period, trainee inspectors must practice the following contents: Practice 05 inspection steps of the inspection line and use inspection equipment, programs and software for management of motor vehicle inspection.

3. The trainee inspector must prepare report on his/her practice in motor vehicle inspection using the form provided in the Appendix 1 enclosed herewith. Such report on practice in motor vehicle inspection shall be used as the basis for the vehicle inspection station to make certification of the trainee inspector s practicing period.

4. The head of vehicle inspection station shall assign an official inspector to instruct the trainee inspector and assume responsibility for practical contents of such trainee inspector during his/her practicing period at this station. To be specific: The trainee inspector must practice each inspection step on at least 400 vehicles of various types, including at least 100 trucks and 100 passenger cars (a vehicle may be used for practicing different inspection steps). The trainee inspector must document the inspection of at least 400 vehicles.

5. The assigned practical instructor must be a senior inspector or an inspector who has at least 36 months’ inspection experience. The trainee inspector shall perform inspection and make assessment of motor vehicles inspected under the instruction and supervision of his/her practical instructor; the practical instructor shall be responsible for technical assessment results of inspected vehicles.

6. Inspection steps of the inspection line include:

a) Step 1: Preparing vehicle dossier and performing identification and general inspection;

b) Step 2: Inspecting the upper part of vehicle;

c) Step 3: Inspecting brake and longitudinal wheel slip;

d) Step 4: Environmental safety inspection;

dd) Step 5: Inspecting the lower part of vehicle.

Chapter III

OPERATIONAL TRAINING FOR INSPECTORS AND OPERATIONS STAFF

Article 6. Operational training for inspectors

1. While keeping their grades, inspectors must attend training courses for updating/improving their knowledge of motor vehicle inspection upon changes in relevant technical regulations, standards and law regulations as well as science and technology advances in motor vehicle inspection.

2. Inspectors who are qualified to conduct all 05 motor vehicle inspection steps, meet requirements specified in Points a, b Clause 2 Article 14 of Decree No. 139/2018/ND-CP, and wish to attend operational training for senior inspectors shall be trained in the following contents:

a) Legal documents: updating regulations and guidelines for inspection operations, technical regulations and standards for inspection and certification of vehicle type and model;

b) Technical operations: structural analysis; diagnosis of technical status and damage of parts, systems or fittings of the motor vehicle, causes thereof and remedial measures; general regulations on motor vehicle modifications; advanced technologies in vehicle manufacturing; new inspection contents, methods and equipment;

c) Seminars: Recommendations from the international motor vehicle inspection committee about inspection works and management of quality of services provided by vehicle inspection stations; road traffic safety and assessment of road traffic accidents; requirements for instruction on practice in motor vehicle inspection.

Article 7. Training for operations staff

Persons attending training for operations staff shall be trained in the following contents:

1. Theoretical training

a) General knowledge: Motor vehicle inspection stations network, code of ethics, regulations on duties of operations staff in motor vehicle inspection and actions against their failure to perform duties, and regulations on penalties for administrative violations against regulations on motor vehicle inspection;

b) Legal documents: Regulations and guidelines for professional competence; requirements for inspection dossiers; inspection steps; vehicle classification and inspection fees; inspection dossier management, reporting and transmission of inspection data.

2. Practical instruction: Instructions on use of programs and software for management of motor vehicle inspection.

3. Each trainee, upon their successful completion of the training course for operations staff, shall obtain a Certificate of completion of training course for operations staff using the form provided in the Appendix No. 2 enclosed herewith.

Chapter IV

COMPETENCE EVALUATION OF INSPECTIONS

Article 8. Competence evaluation of inspectors

1. After receiving a sufficient application for certification as motor vehicle inspector, Vietnam Register shall organize the evaluation of the trainee inspector’s competence in theory and practicing 05 inspection steps of the inspection line.

2. In case of application for a new motor vehicle inspector’s certificate, a trainee inspector will be successful if he/she passes the evaluation of theory and at least 03 inspection steps. In case of unsatisfactory evaluation results, the trainee inspector will be re-evaluated according to the contents specified in Clause 1 of this Article.

3. In case of application for re-issuance of motor vehicle inspector’s certificate due to its expiration, the inspector will be considered successful if he/she passes the evaluation of theory and at least 03 inspection steps. In case of unsatisfactory evaluation results, the inspector filing the application for re-issuance of motor vehicle inspector’s certificate will be re-evaluated according to the contents specified in Clause 1 of this Article.

4. If an inspector obtains satisfactory evaluation results but does not pass all 05 inspection steps, an application for additional evaluation of failed inspection steps may be submitted after 06 months from the latest evaluation date.

5. The holder of motor vehicle inspector’s certificate is allowed to perform inspection steps specified in the certificate.

Article 9. Competence evaluation of senior inspectors

1. Vietnam Register shall notify the plan for competence evaluation of senior inspectors for issuing senior motor vehicle inspector s certificate to meet demand of vehicle inspection stations.

2. Contents of competence evaluation of senior inspectors: Theory and practicing of inspection steps of the inspection line.

3. The motor vehicle inspector who is allowed to perform all 05 inspection steps shall be evaluated for issuance of senior motor vehicle inspector’s certificate. An inspector will be successful if he/she passes the evaluation of theory and all 06 practicing contents (as prescribed in the Appendix No. IV enclosed with Decree No. 139/2018/ND-CP). In case of unsatisfactory evaluation results, the inspector will be re-evaluated according to the contents specified in Clause 2 of this Article.

4. In case the evaluation is meant to serve the re-issuance of senior motor vehicle inspector’s certificate due to its expiration, the inspector will be considered successful if he/she passes the evaluation of theory and all 06 practicing contents (as prescribed in the Appendix No. IV enclosed with Decree No. 139/2018/ND-CP). In case of unsatisfactory evaluation results, the senior inspector filing an application for re-issuance of senior motor vehicle inspector’s certificate will be re-evaluated according to the contents specified in Clause 2 of this Article.

5. Results of competence evaluation of senior inspectors shall not be used as the basis for issuance of motor vehicle inspector’s certificate.

Article 10. Persons in charge of competence evaluation of inspectors

Competence evaluation of inspectors shall be performed by the inspectors who officially work at Vietnam Register and have at least 05 years’ experience in motor vehicle inspection.

Chapter V

OPERATIONS OF VEHICLE INSPECTION STATIONS

Article 11. Personnel requirements

1. During their operation, vehicle inspection stations are required to maintain their satisfaction of personnel requirements set forth in Article 7 of Decree No. 139/2018/ND-CP.

2. Each inspection line of the vehicle inspection station must be taken charged by at least 03 inspectors who will directly perform motor vehicle inspection operations.

Article 12. Information to be posted at vehicle inspection stations

1. Vehicle inspection stations are required to display in the customer waiting area the procedure charge, the schedule of inspection fees, inspection periods, hotline numbers of Vietnam Register and Provincial Department of Transport (if available).

2. The following must be displayed in the inspection area:

a) Regulations on occupational safety and fire prevention;

b) Regulations on use of inspection equipment: Regulations on the use of inspection equipment shall be displayed in each separate board hanged at the corresponding location of equipment;

c) Inspection contents, methods and vehicle defects.

Chapter VI

INSPECTION AND ASSESSMENT OF SATISFACTION AND MAINTENANCE OF ELIGIBILITY REQUIREMENTS FOR VEHICLE INSPECTION STATIONS

Article 13. Establishing vehicle inspection stations

1. The organization that wishes to establish a vehicle inspection station is required to notify Vietnam Register of the following:

a) Location of the vehicle inspection station to be established;

b) Expected dates of completion of construction works and starting vehicle inspection operations.

2. During the construction period, the organization establishing the vehicle inspection station or the vehicle inspection station shall notify Vietnam Register of any changes in the previously notified contents.

3. Upon the completion of construction works and installation of technical facilities, the vehicle inspection station shall prepare an application for certificate of eligibility to provide motor vehicle inspection services as prescribed in Article 8 of Decree No. 139/2018/ND-CP. An application shall include:

a) List of holders of job positions at the vehicle inspection station using the form provided in the Appendix 3 enclosed herewith.

b) The statement of the conformity of inspection line and facilities with national technical regulations using the form provided in the Appendix 4 enclosed herewith.

Article 14. Inspection and assessment of satisfaction and maintenance of eligibility requirements for motor vehicle inspection stations

Members of the inspection team in charge of inspecting and evaluating the satisfaction and maintenance of eligibility requirements for a vehicle inspection station shall inspect and record the following contents:

1. Space of the vehicle inspection station: Inspection and assessment results shall be recorded using the form provided in the Appendix 5 enclosed herewith.

2. Inspection area: Inspecting the minimum space for vehicle movement of the inspection area, the distance between centers of two adjacent inspection lines, the distance between the center of the outermost inspection line and inner face of the station’s wall; Inspection and assessment results must be recorded using the form provided in the Appendix 5 enclosed herewith.

3. Testing equipment and devices: Inspecting quantity, categories, brand, accuracy, calibration dates, rationality of arrangement of testing equipment and devices according to the inspection procedures, control software, installation of assessment standards, establishment of measurement procedures, data transmission ability; Inspection and assessment results must be recorded using the form provided in the Appendix 6 enclosed herewith.

4. Personnel:

a) Inspecting recruitment documents, labor contracts, decisions on issuance of motor vehicle inspector’s certificate, certificates of completion of training course for operations staff, decisions on appointment of line managers and director of the vehicle inspection station;

b) Making summarized assessment of the compliance with inspection procedures and relevant regulations (in case of inspection and assessment of maintenance of eligibility requirements by a vehicle inspection station) of each person by means of inspecting and assessing the contents specified in Clauses 5, 6 and 7 of this Article and mistakes occurring in the assessment period (if any); Inspection and assessment results must be recorded using the form provided in the Appendix 7 enclosed herewith.

5. Inspection procedures: Assessing operations of the inspection line, the compliance with inspection procedures and relevant regulations, and quality of inspection works performed by inspectors and the vehicle inspection station; Inspection and assessment results must be recorded using the form provided in the Appendix 7 enclosed herewith.

6. Records and data (in case of inspection and assessment of maintenance of eligibility requirements by a vehicle inspection station): Assessing the compliance with relevant regulations on inspection works of employees and the vehicle inspection station by means of inspecting retained documents, records and data; Inspection and assessment results must be recorded using the form provided in the Appendix 8 enclosed herewith.

7. Logbooks, reporting, management and use of written inspection records: Assessing the compliance with relevant regulations on inspection works of employees and the vehicle inspection station by means of inspecting the opening of logbooks and recording, periodical reports, and management and use of written inspection records; Inspection and assessment results must be recorded using the form provided in the Appendix 9 enclosed herewith.

8. Inspection and assessment results must be recorded using the form provided in the Appendix I enclosed with the Decree No. 139/2018/ND-CP on the basis of consolidation of inspection and assessment reports made by members of the inspection team.

Article 15. Retention of inspection and assessment dossier

1. Dossier on the inspection and assessment serving the issuance of certificate of eligibility to provide motor vehicle inspection services shall be prepared into 02 sets, among which 01 set is kept by the vehicle inspection station and the other is retained by Vietnam Register to use as the basis of inspection and assessment of maintenance of eligibility requirement by the vehicle inspection station.

2. The report on inspection and assessment of maintenance of eligibility requirements by the vehicle inspection station shall be made into 02 sets, among which 01 set is kept by the vehicle inspection station and the other is retained by Vietnam Register, and shall be retained for a minimum period of 05 years.

Chapter VII

IMPLEMENTATION ORGANIZATION

Article 16. Vietnam Register’s responsibility

1. Organize and provide training for inspectors and operations staff.

2. Develop and notify the periodical inspection and assessment plan to vehicle inspection stations. .

3. Publish the lists of vehicle inspection stations that are granted certificate of eligibility or suspended or have their certificate of eligibility revoked on the website of Vietnam Register.

Article 17. Responsibility of vehicle inspection stations

1. Inspect, maintain and repair testing equipment and devices in order to ensure their accuracy as well as operating status as prescribed.

2. Send report to Vietnam Register on any changes in the number of inspectors, line managers, director of the vehicle inspection station or testing equipment. Submit ad-hoc reports as requested.

3. Prepare report on inspection activities using the form provided in the Appendix 10 enclosed herewith and send it to Vietnam Register before the periodical inspection and assessment of maintenance of eligibility requirements by vehicle inspection stations.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 18. Transition

Motor vehicle inspectors who are granted motor vehicle inspector’s certificate before July 01, 2016 are required to meet all requirements set forth in Decree No. 139/2018/ND-CP as from July 01, 2019, except provisions in Points a, b Clause 1 Article 14 of Decree No. 139/2018/ND-CP.

Article 19. Effect

This Circular takes effect on July 05, 2019 and replaces the Circular No. 51/2016/TT-BGTVT dated December 30, 2016 of the Minister of Transport.

Article 20. Implementation

Chief of the Ministry s Office, Chief Inspector of the Ministry, Directors of Departments affiliated to the Ministry, Director of Vietnam Register, Directors of provincial Departments of Transport, heads of relevant agencies, organizations and individuals shall be responsible for implementing this Circular.-

For the Minister

Deputy Minister

Le Dinh Tho