Thông tư 29/2012/TT-BGTVT cải tạo phương tiện giao thông cơ giới đường bộ

CIRCULAR

REGULATIONS ON RENOVATION OF MOTORIZED MEANS OF ROAD TRANSPORTATION

Pursuant to the Lawon Road TrafficdatedNovember 13, 2008;

Pursuant toDecree No.51/2008/ND-CPdated May22,200804of the Governmentregulating functions, duties, power andorganizational structureof the Ministry ofTransport;

At the proposalof the Director ofDepartment ofScience- Technology;

The Ministerof Transportissues the Circularstipulating therenovation ofmotorized means of road transportation;

Chapter 1.

GENERAL REGULATION

Article 1. Scope of application

1. This Circular stipulates therenovation ofmotorized means of road transportation (hereafter referred to as motorized vehicle) having registration number plate or used and permitted for import.

2. This Circular is not applicable to the following motorized vehicles:

a) Motorcycle and moped

b)Motored vehiclebeing renovatedfor use forpurpose of nationaldefense and securityof theMinistry of DefenseandMinistryof Public Security.

Article 2. Subject of application

This Circular is applicable to organizations and individuals relating to the activity of renovation ofmotored vehicle.

Article 3. Explanation of terms

In this Circular,thefollowing termsare construed as follows:

1.Motored vehicle is the types of means of transportation operating on road (except for motorbike and moped) and defined in Vietnam StandardsTCVN 7271 – Means of road transportation – Motorbike – Classification according to the use purpose including chassis car.

2.Components arethe engine,chassis,cab, bodyorcargo container and special-use equipmentmounted onvehicles.

3.Systemis apower transmission system, motionsystems, suspension system,braking system,steering system,fuel system, electrical system,lighting and signalsystem.

4.Renovation of motoredvehicleischangingthe structure, shape, layout,working principle, parameters andtechnical characteristicsofa part orthe whole system, componentsof motored vehicle.In case of replacementofsystems and components by other systems andcomponentsof the same type,thesamemanufacturer(thesame sparepartcode) shall not be regarded as renovation.

5.Original motoredvehicle is the motoredvehicle without any change ofthe structure, shape, layout,working principle, parameters andtechnical characteristicsofthe whole system and component compared with the initial state of the manufacturer.

6.Passenger car is the carequippedwith a structure andequipmentused tocarry peopleandluggage.

7. Design assessment Agency is Services of Transport andVietnam RegistryDepartment.

8. Design facility is an organization that carries on business of motored vehicle design services.

9. Renovation performance facility is an organization performing the renovation of motored vehicle and meets the conditions as prescribed.

10. Design assessment isthe review, checkingand comparison of the contents ofthe dossierofdesign and renovation of motored vehicletomeet thestandards,technical regulationsandthe relevantregulations.

11.Acceptanceof renovatedmotorized vehicle is the assessment of the motored vehicle that have been renovated according to the design documents assessed to ensure the requirements onqualityand technical safetyandenvironmental protection.

Article 4. Regulations on renovation of motored vehicle

Motored vehicle afterbeing renovatedmust meetthe standards,technical regulations, regulations,fulfill therequirements onquality and technical safetyandenvironmental protectionfor themotored vehiclein trafficandmust ensure thecompliance with thefollowing provisions:

1.Not permitted tochangethe purpose of use(utility)formotored vehicle having the using timeof over 15years,fromthe productionyearof automobilesto the time ofassessment of design and renovation.

2.Not permitted to renovate imported automobiles within 05 years and imported frozen truck within 03 years from the date of issue of registration number plate.

3.Not permitted to renovate other automobiles into passenger automobiles.

4.Not permitted to renovate passenger cars into truck of various types except for the case of renovation of passenger cars of less than 16 seats (including the driver) into van.

5.Not permitted to renovate the tractor automobile into truck (except for special-use truck)

6.Not permitted to renovate and changetire size,number of axlesandwheel track of theautomobiles.

7. Not permitted to renovate and change the basic length of truck, even renovating truck into truck of different type and vice versa (except for special-use truck and the case of renovation back to original motored vehicle)

8. Not permitted to renovate to increasethe length, width and height oftruckcargotank(except for special-use truck). In case ofrenovated and installedintoa close container,adding frame andhood for goods protectionfromsunlight and rain, theentireheightof thevehicleafter renovation must meetthe nationaltechnical standardsQCVN09:2011/BGTVT-Nationaltechnical regulationson qualityand technical safetyandenvironmental protectionfor automobiles.

9. Not permitted to renovate to increasethe length, width and height oftruckcargotank of dump truck. If renovated to decrease the size of the cargo tank, the containing volume of the cargo tank must ensure to fulfill the following formula:

In which:

- V: Containing volume of cargo container (m3)

- Q: Design capacity (ton)

10.The entireweightof themotoredvehicleafter renovated must ensure:

a) For passenger automobile:No larger thanthe entireweightcorresponding to thelargestseating capacityin accordance with regulation of the manufacturer.

b)Fortruck:No larger thanthe largest entireweightof theoriginalautomotiveandnot exceedinga gross weight allowedto participate in traffic.

11.No using the systems, components that have been used in the renovation of motored vehicle, except motor components, and specialized equipment. The lifting equipment, cisterns carrying dangerous goods must have certificate of quality and technical safety ofcargo handling equipment, boilers,pressure equipmentused in the transportation under the provisions of Circular No. 35 / 2011/TT-BGTVT dated May 6, 2011 of the Minister of Transport stipulating regulations on procedures for granting certificate of quality and technical safety ofcargo handling equipment, boilers,pressure equipmentused in the transportation.

12.Duringthe course ofusing,eachmotored vehicleisonlyrenovatedand changedone of the twomaincomponentsas the engineorframeand no more thanthreeof the sixsystemsandcomponentsas follows:

a)The power transmissionincludingclutch, gearbox,Cardan axleandmain powertransmission;

b) The motion system including wheels and rigid axle;

c) Suspension system;

d) Braking system;

dd) Steering wheel;

e)Cab, bodyorcontainer

13.The renovation ofa systemand componentifresultinginimpacting the workingpropertiesof the related systemsandcomponentsmust beconsidered andcalculated in detailandmust be regarded asimprovingthe entirerelatedsystemsand components.

Chapter 2.

DESIGN AND ASSESSMENT OF DESIGN

Article 5. Dossier of design of renovated motored vehicle

Dossier of design of renovated motored vehicle including:

1.Explanation of thetechnical design ofrenovatedmotored vehicleincludesthe following:

a) Introduction of renovation purposes.

b) Technical properties of the motored vehicle before and after renovation;

c) Contents to perform renovation and steps of performance technology.

d)Calculation ofkinetic and dynamiccharacteristics,related tothe renovation contents;

dd)Calculation and testing of thestrengthof the detailsrelated totherenovation contents;

e) Necessary instructions for the use of motored vehicle after renovation;

g) Conclusion;

h) Index;

i) Reference materials in the designing process

2. Technical drawing including:

a)Generalarrangementdrawingofmotor vehiclebefore renovation;

b)Generalarrangementdrawingofmotor vehicleafter renovation;

c)Drawingofsystem component installation to be renovatedor replaced;

d)Engineering drawingmust be presentedin accordance with thecurrentstandardsandregulations.

3.Theparameters andtechnical propertiesofthecomponents andnewly-purchasedsystemsrelated tocontentofdesign calculation(certifiedcopyorcopywith certificationofthe design facility).

Article 6. Exemption from preparation of design dossier of renovated motored vehicle

The renovated motored vehicle exempted from preparation of design dossier of renovated motored vehicle:

1.The common trucksarerenovatedthecontainer,installation of frameand hoodaccording tosampledesignand vice versa.

2.Automobiles ofdriving practiceand testing are installed the minor brake pedalby linkingwiththemainbrake pedalvia amechanicaldrivesparand vice versa.

3. Installation of dustprooflidsfordumptrucks.

Article 7. Assessment of renovated motored vehicle

1. Dossier of design of renovated motored vehicle  must be assessed by the design assessment Agency and granted the Certificate of design assessment of renovated motored vehicle  under the form prescribed in Annex 1 of this Circular. The effect of the Certificate of design assessment of renovated motored vehicle  is 12 months from the signing date.

2.The official assigned toassess thedesign ofthedesign assessment Agencymust bean automotive mechanical engineerhavingcertificate ofprofessionaltraining participationon the work ofrenovation ofmotored vehicleunderthe form prescribedin AppendixIIofthis Circular.

3. In case the Services of Transport are not eligible to perform the design assessment, then the Vietnam Register Department shall do that.

4. Dossier to request the design assessment including:

a)Written request fordesignassessment(the original)underthe form prescribedin AppendixIIIofthis Circular.

b)04sets ofdossierand componentaccording tothe provisions of Article5 ofthis Circular.

c)Certificate ofbusiness registration(certifiedcopy)of thedesignfacilityforthe case of firstdesign assessment.

d) The certified copies or copies with the certification of the design facility: Automobile registration certificate, certificate of title transfer and moving (for case of carrying out procedures for title transfer and moving), certificate of quality and technical safety and environmental protection of imported motored vehicle  (for second-hand motored vehicle  permitted for import)

dd) Technical materials of the renovated motored vehicle .

5. Order and procedure for design assessment

a) The organizations and individuals shall prepare 01 set of dossier to request the design assessment as prescribed and directly submit or via post to the design assessment Agency.

b) The design assessment Agency shall receive and check the components of dossier; if the dossier is incomplete as prescribed, it shall make guidance on supplementation and completion to the organizations and individuals. If the dossier is complete as prescribed, a written appointment shall be made for returning the result of dossier of design assessment.

c) The design assessment Agency shall conduct the design assessment; if the dossier of design does not meet requirements, it shall ask for supplementation and modification. If the dossier of design meets requirements, it shall grant the Certificate of design assessment of renovated motored vehicle.

d)Organizations andindividualscansubmit dossier and get the resultsdirectly at the headquarters ofthe design assessment Agencyorthroughthe postal system;

e)Within10 workingdays afterreceiving complete dossierofdesign,the design assessment Agencyshall grant theCertificate of design assessment of renovated motored vehicle if the dossier meets the requirements or notify the organizations and individuals of the incompletion of the dossier.

6. Dossier of design after being granted Certificate of design assessment of renovated motored vehicle  shall be kept at the design assessment Agency and sent to the following agencies: Renovation design facility, renovation performance facility andthe inspection and acceptance Unit of renovated motored vehicle .

7.Whenthere arestandards,technical regulations,newly-issued regulationsoramendmentsbefore the date of assessment ofthedesign,the design assessment Agency,the inspection Unitmust informand guidethe design facilities to supplement and modify the new dossier of design.

Article 8. Responsibilities for assessment of renovated motored vehicle .

1. The Services of Transport shall be responsible for assessing the renovation designs for motored vehicle having registered the number plates of localities under regulations as follows:

a) Renovating and installing systems and components: chassis, power transmission, suspension, cab, body, cargo container, electrical system, light and signal systems of:

- Truck(inthe listfrom3.2.1to3.2.9ofTCVN7271);

-Truck specially used fortransport ofconstruction machines(Section3.2.10.2of TCVN7271);

-Semi-trailersand trailers;

-Passenger cars ofup to25seats(includingthe driver).

b) Installing additional special-use equipment to servetheloading and unloadingandfreight for common truck; installing seatson the cargo containerof truckofdriving practiceand testing;

c)Renovating passenger carsintoambulances andfuneralcars;

d)Renovating passenger cars of 16 seats(includingthe driver)or underintovans;

dd)Renovating andreplacingthe engineof different typeofcommon trucks,dumptrucks,trucksspeciallyused for transport ofconstruction machines, passengercars with25seats(includingthe driver) mustensurethe replacedengineto have thelargestcapacity, thenumber of spinscorresponding tomaximum power,maximumtorque,withthechange ofless than 10% of reduction and change ofno more than 15% ofincrease.

2. The Vietnam Register Department is responsible for assessing the renovation designs as follows:

a) Renovation of systems and components of:

- Special use automobiles, tractor automobiles and special use trucks

- Passenger cars with 25 seats (including the driver)

b)Renovating the change ofsteering system,braking system,fuel systemsof motored vehicle;

c)Automobiles of all kindsare renovated into aspecial use trucks,special usecars,tractor automobiles and vice versa;commonsemi-trailersand trailersintosemi-trailers,special usetrailersand vice versa;

d)Assessing the design of renovation ofmotored vehiclein casethe Services of Transport are not eligiblefor design assessment.

Chapter 3.

PERFORMANCE OF RENOVATION OF MOTORED VEHICLE , ACCEPTANCE AND GRANTING OF CERTIFICATE OF QUALITY AND TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION OF RENOVATED MOTORED VEHICLE .

Article 9. Performance of renovation

1. The performance of renovation of motored vehicle must be done at manufacturing facilities with adequate legal entity and registration of business line of renovation of motored vehicle in conformity with regulations of the law.

2. The performance of renovation of motored vehicle must be done in accordance with the design assessed to ensure the requirements on the quality and technical safety and environmental protection.

3. Motored vehicle after factory renovation must be checked by the performance facility to ensure the product quality. The result of the checking shall be made the Record of factory acceptance of renovated motored vehicle under the form in Annex IV of this Circular.

Article 10. Acceptance motored vehicle after renovation

1. Motored vehicle after renovation under the design assessed must be accepted and granted Certificate of quality and technical safety and environmental protection of renovated motored vehicle.

2. The acceptance of renovated motored vehicle shall be done at inspection Units of motored vehicle directly under the Services of Transportation, Vietnam Register Department. The acceptance component of renovated motored vehicle  including the Head of Inspection unit, registrars with Certificate of participation in professional training on the work of renovating motored vehicle  under the form prescribed in Annex II of this Circular and of the vehicle renovation performance Facility.

3.For thecase of renovationof chassis of passenger cars, each partmustbe checked and acceptedaccording to the designat the performance facility.

4. Dossier of acceptance of renovated motored vehicle including:

a)The written request forquality checking of renovated motored vehicleunder the formprescribedin AppendixVofthis Circular.For the casespecified inClause 3of this Article,the performance facility must registertocheckand accepteach part with the inspection Unitthat shall perform the acceptance and grant the Certificate of quality and technical safety and environmental protection of the renovated motored vehicle.

b) The Certificate of business registration (certified copy) of the renovation performance facility for the case of first quality checking.

c) The design that has been assessed;

d) The certified copy or copy with certification of the performance facility: Automobile registration Certificate, Certificate of title transfer and moving (for case of carrying out procedures for title transfer and moving), certificate of quality and technical safety and environmental protection of imported motored vehicle (for second-hand motored vehicle permitted for import)

dd) The photo of design, systems, and renovated components of motored vehicle  after renovation.

e) The record of factory acceptance of the renovated motored vehicle;

g) The Certificate for special equipment and special-use equipment as prescribed.

5. Thechecking equipment:Thechecking ofquality and technical safetyandenvironmental protectionof renovated motoredvehiclemust use appropriate equipment and checking equipment in order to check the items, systems and components related to the renovation contents as prescribed.

6. The acceptance result shall be recorded in the Record ofchecking ofquality and technical safetyandenvironmental protectionof renovated motoredvehicle under the form prescribed in Annex VI of this Circular.

7.Theacceptance of renovated motored vehicle with the samebrand,serial number,engine,thebasicsizes, weightand performance of the same design withmotored vehicle  grantedcertificate ofquality and safetytechnical andenvironmental protectionof renovated motored vehicleis only done at the Inspection Unit that has accepted the first product. The dossier of acceptance includes:

a) The written permission of the design assessment Agency.

b)The complete dossier of renovation acceptance as prescribed at Point a, d, dd, e and g, Clause 4 of this Article.

Article 11. Granting Certificate of quality and technical safety and environmental protection of renovated motored vehicle

1. Motored vehicle  after renovated and accepted for standards, technical regulation and current regulations shall be granted Certificate of quality and technical safety and environmental protection of renovated motored vehicle  under the form prescribed in Annex VII of this Circular.

2. Certificate of quality and technical safety and environmental protection of renovated motored vehicle includes two sheets granted to vehicle owner to carry out procedure for inspection and number plate registration.

3. The effective time limit of the Certificate of quality and technical safety and environmental protection of renovated motored vehicle is 06 months from the signing date. In case the vehicle owner let the validity period passor loses Certificate, he must take the vehicle to the inspection Unit that has accepted for checking and re-granting the Certificate.

Article 12. Order and procedure for granting Certificate of quality and technical safety and environmental protection of renovated motored vehicle

1. Organizations and individuals shall complete 01 set of dossier as prescribed in Clause 4 of Article 10 and directly submit or through postal system to the inspection and renovation acceptance Unit.

2. The inspection Unit shall receive and check the dossier: If the dossier is incomplete as prescribed, the organization or individual shall be guided for supplementation and completion; If the dossier is complete as prescribed, the organization or individual shall be appointed the time for checking the renovated motored vehicle at the inspection Unit.

3. The inspection Unit shall perform the acceptance of renovated motored vehicle. If the vehicle is not satisfactory, the Unit shall guide the organization or individual for remedy. If the vehicle is satisfactory, the Unit shall grant the Certificate to the organization or individual

4. The organization or individual can submit dossier and receive the result directly at the headquarters of the inspection Unit or through postal system.

5. The time limit for granting Certificate of quality and technical safety and environmental protection of renovated motored vehicle to the organization or individual is 05 working days from the date of completion of satisfactory checking.

Chapter 4.

RESPONSIBILITIES FOR IMPLEMENTATION

Article 13. Responsibilities of Vietnam Register Department

1. Organizing and guiding the technique and inspecting the implementation of this Circular.

2. Developing, managing and guiding and using the software program to manage work of renovation of motored vehicle; managing data of renovated motored vehicle of the design assessment Agency

3. Assessing and granting Certificate of quality and technical safety and environmental protection of renovated motored vehicle as prescribed in this Circular.

4. Issuing and publishing the sample designs to truck with renovated cargo container and installation of framework and hood

5. Organizing the training and issuing Certificate to have participated in the professional training on the work of renovation of motored vehicle to officials and registrars performing work of renovation of motored vehicle.

6. Uniformly issuing, managing, guiding and checking the rough draft of Certificate of quality and technical safety and environmental protection of renovated motored vehicle

7. Synthesizing the result of performance of work of motored vehicle renovation to periodically report to the Ministry of Transportation.

Article 14. Responsibilities of Services of Transportation

1. Arranging official to perform assessment of design and grant the Certificate of design assessment of renovated motored vehicle as prescribed in this Circular.

2. Guiding the design facilities at locality to properly implement the provisions in this Circular.

3. Making report, keeping dossier and using management software of renovated motored vehicle as prescribed. Sending list of registrars to Vietnam Register Department.

Article 15. Responsibilities of motored vehicle inspection Units

1. Performing the acceptance and granting Certificate of quality and technical safety and environmental protection of the renovated motored vehicle prescribed in this Circular.

2. Using the rough draft of Certificate and the management software of renovated motored vehicle as prescribed

3. Transmitting data and periodically sending report before the 5thdate monthly concerning the acceptance and use of rough draft of Certificate under the form in Annex VIII of this Circular to Vietnam Register and Service of Transportation.

4. Having responsibilities to make report and provide adequate dossier and data for periodical checking, irregular checking of the work of motored vehicle renovation.

Article 16. Fee and charge

The design assessment agency and inspection and renovation acceptance Unit are entitled to collect fee and charge in accordance with current regulations.

Article 17. Dossier keeping

1. The design assessment dossiers are kept at the design assessment Agency.

2. The acceptance dossier and copy of Certificate of quality and technical safety and environmental protection of renovated motored vehicle shall be kept at the inspection and renovation acceptance Unit.

Chapter 5.

EFFECT AND IMPLEMENTATION ORGANIZATION

Article 18. Effect

1. This Circular shall take effect on October 01, 2012 and annul the following documents:

a)Decision No.15/2005/QD-BGTVTdated February 15, 2005 ofthe Minister ofTransportationissuing regulationsonrenovation of motorized means of road transportation;

b)Article 1 ofCircular No.37/2011/TT-BGTVTdatedMay 6, 2011by the Ministry ofTransportamendingand supplementingsome articles ofthe Regulation onrenovation of motorized means of road transportationissued togetherwith Decision No.0215/2005/QD-BGTVTdatedFebruary 15, 2005 stipulatingthe conditionsfor establishment andoperation of themotor vehicles register Center, issued togetherwith Decision No.45/2005/QDBGTVTdated September 23,2005,Circular No.10/2009/TT-BGTVTdatedJune 24, 2009stipulating theinspectionoftechnical safetyandenvironmental protectionof motored meansof road transportation andCircularNo.22/2009/TT-BGTVTdated October 6, 2009stipulating the procedures for inspection of technical safetyandenvironmental protectionof motored meansof road transportationby the Minister ofTransport;

c) The contents in other documentsincontravention of the provisionsin this Circular.

2. The certificates of quality and technical safety and environmental protection of the renovated motored vehicle have been granted before the effective date of this Circular are still valid to their expiry.

Article 19. Implementation organization

Chief of the Ministry Office,Chief Inspector ofthe Ministry, Directors ofDepartments,Director General ofVietnam Road, Director ofthe Vietnam Register Department, Directors ofServices ofTransport, Heads ofagencies,organizationsandindividualsare liable to executethis Circular./.