Thông tư 56/2012/TT-BGTVT về kiểm định phương tiện giao thông cơ giới đường bộ

CIRCULAR

PROVIDING ON TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION INSPECTION OF ROAD MOTOR VEHICLES

Pursuant to the Law on Road traffic, of November 13, 2008;

Pursuant to the Government’s Decree No. 107/2012/ND-CP, of December 20, 2012 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of Director of Science and technology Department and Director of the Vietnam Register;

The Minister of Transport promulgates this Circular providing on technical safety and environmental protection inspection of road motor vehicles,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1.This Circular provides on technical safety and environmental protection inspection of road motor vehicles (hereinafter referred to as motor vehicles).

2.This Circular does not apply to:

a) Motorcycles, mopeds;

b) Motor vehicles of army and police forces which are used for defense and security purposes.

Article 2. Subjects of application

This Circular applies to organizations and individuals involved in technical safety and environmental protection inspection of motor vehicles.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1.The technical safety and environmental protection inspection of road motor vehicles (hereinafter referred to as inspection) means the examination and evaluation of the technical safety and environmental protection state of a motor vehicle in order to certify that it is eligible to join in traffic.

2.Certificate of technical safety and environmental protection inspection of motor vehicles (below referred to as certificate) is a certificate attesting that the motor vehicle has been tested under regulations and is eligible to join in traffic in the territory of the Socialist Republic of Vietnam and countries with which Vietnam has signed treaties on mutual recognition of certificate.

3.Technical safety and environmental protection inspection stamp of motor vehicles (below referred to as inspection stamp) is a symbol which is granted for motor vehicles that meeting standard and being allowed to join in road traffic within the period stated in the stamp.

4. Dossier-setting slip of vehicle is slip recording administrative information, specifications of motor vehicles which are primitive and are updated changes during the course of use.

5.Inspection prints are blank certificates, inspection stamps and dossier-setting slip of vehicles.

6.Inspection slip is the record of inspection result enclosed with photos of vehicle upon inspection.

7.Units registering motor vehicles (below referred to as the inspection units) mean organizations eligible to be granted certificate of motor vehicles inspection as prescribed.

8.The dossier of vehicles includes a dossier-setting slip of vehicle and relevant documents in order to manage on administration and specifications of first inspection, changes during the course of use.

9.The inspection dossier includes records of result of each time of inspection, grant of certificate.

10.Vehicle owner means owner of vehicles, driver, or person who bring vehicle to inspection.

11.The inspection management program is the software system of the Vietnam Register elaborated in service of management of administrative information, specifications and inspection results of vehicles used in inspection units and the Vietnam Register.

Article 4. Prohibited acts in inspection of motor vehicles

1.Conducting inspection under insufficient content, in contravention of processes and regulations.

2.Conducting inspection without ensuring the precision of inspection equipment or upon failure of the local area network; conducting inspection outside the inspection line in contravention of regulations.

3.Designating persons to conduct inspection in contravention of regulations.

4.Forcing motor vehicle owners to bring their motor vehicles to designated repair or maintenance establishments.

5.Collecting charges or fees in contravention of regulations; committing acts of harassing customers for bribes or receiving money or gifts in any forms.

6.Conducting inspection and issuing inspection certificates to motor vehicles whose operation duration has expired or despite a written request for non-inspection from a competent state management agency or violations being alerted by the inspection management program.

7.Counterfeiting dossiers, using inspection prints, printing certificates, inspection stamps, issuing certificates and reporting the inspection results in contravention of regulations.

Chapter 2.

INSPECTION OF MOTOR VEHICLES

Article 5. Necessary documents when bringing vehicle into inspection

1.The first inspection to set up dossier of vehicle

When inspecting for the first time to set up dossier of vehicle, the owner needs have the following documents:

a) The original vehicle registration certificate, issued by a competent state management agency or one of the following valid papers for presenting:

-The copy of vehicle registration certificate certified by bank keeping.

-The copy of vehicle registration certificate certified by financial leasing agency.

-Anappointment paper for vehicle registration certificate (sufficient signature and stamp).

b) The original valid certificate of insurance for civil liability of motor vehicle owner for presenting.

c) Documentary evidences of vehicle origin for submission, including one of the following documents:

-The original certificate of quality, technical safety and environmental protection of import motor vehicle or the notification of exemption from inspection of quality, technical safety and environmental protection of import motor vehicle (required only for imported motor vehicles); copy of factory quality inspection slip for motor vehicles produced, assembled domestically;

-Authenticated copy of decision on confiscating for auction of competent authorities for motor vehicles which are confiscated for auction and written notice on inspection result of quality, technical safety and environmental protection of motor vehicles issued by the Vietnam Register for motor vehicles which are confiscated for auction but have not yet had their data in the inspection management program or have inconsistent data.

-authenticated copy of decision on liquidation for motor vehicles of defense, public security force; authenticated copy of decision on sale of national preserved vehicles.

d) The original certificate of technical safety and quality and environment protection oftransformedmotor vehicles for submission (required onlyfor newly-transformedmotor vehicles).

e) The original certificate of technical safety and quality of cranes, cisterns, CNG, LPG fuel vessels equipped, or installed on motor vehicles and granted according to the Circular No. 35/2011/TT-BGTVT, of May 06, 2011 of The Minister of Transport on procedures for grant of certificate of technical safety and quality of equipmentof loading and unloading, boilers, pressure equipmentused in transport for submission.

2.Inspection for the next times

When bringing motor vehicles into inspection, the owner must present documents stated in points a, b, d and point e clause 1 this Article.

Article 6. Inspection Content

1.Items and methods to inspect technical safety and environmental protection of motor vehicle in inspection comply with the Circular No. 10/2009/TT-BGTVT, of June 24, 2009 of The Minister of Transport providing on inspection of technical safety and environmental protection of road motor vehicles (hereinafter referred to as the Circular No. 10/2009/TT-BGTVT).

2.Motor vehicles must be inspected on an inspection line. For oversized, extra-heavy vehicles which cannot be inspected on the inspection line, they shall be inspected on operation and effect’s brake on the testing road outside the line. For motor vehicles operating on islands, in deep-lying or remote areas where it is impossible to bring vehicles to inspection units, inspection shall be conducted outside inspection units; orders and methods to implement as prescribed in clause 3 Article 8 of this Circular.

Article 7. The inspection unit conducting inspection

1.For motor vehicles newly registering for number sign, the first-time inspection for setting up dossier of vehicle is performed at inspection units of the Transport Department or the Vietnam Register in same localities in address of the owner named in the vehicle registration.

2.Inspections of motor vehicles for next times (including supplementations, amendments to dossier of vehicles) are implemented at any inspection unit in nationwide.

Article 8. Order, method of implementation

1.Setting up dossier of vehicle

For motor vehicle inspected for the first time, if it has sufficient documents as prescribed in clause 1, Article 5 of this Circular, the inspection unit shall examine, make a dossier-setting slip of vehicle in according to Form specified in the Annex I of this Circular and put information into the inspection management program.

2.Inspection at inspection line

a) Organizations, individuals bring motor vehicles and documents as prescribed in Article 5 of this Circular to the register for inspection.

b) Inspection unit shall receive, examine, compare dossier with data in the inspection management program. If it is insufficient, or invalid, the owner of vehicle shall be guided for re-completion; if it is sufficient and valid, collection of charges and inspection shall be implemented.

c) For motor vehicles meeting standard of inspection, the inspection unit shall collect fee for grant of certificate. Repaying certificate; invoice of registration charge, fee of grant of certificate to the owner and sticking inspection stamp for vehicle.

For motor vehicles with only appointment paper for grant of vehicle registration, the inspection unit shall implement inspection, if inspection satisfies, sticking an inspection stamp and granting an appointment paper for repaying certificate to the owner of vehicle made in according to the Form specified in Annex II of this Circular. When the owner present the vehicle registration, the inspection unit shall return certificate.

d) Motor vehicles fail to satisfy inspection, the inspection unit shall notify inspection items which fail to satisfy for the owner of vehicle in order to repair, overcome for re-inspection, and notify regarding means of transport failing to satisfy inspection in the inspection management program.

3.Inspection outside the inspection unit

a) The owner of vehiclesrequestsin writing clearly stating reason of inspection outside the inspection unit, enclosed with list of motor vehicles requested for inspection and send to the inspection unit.

b) The inspection unit shall examine and consider the request of owner of vehicles, if it is right subject and eligible of the testing road, within 05 working days, send the written request for inspection outside the inspection unit enclosed with list of motor vehicles to the Vietnam Register via post.

c) The Vietnam Register shall examine and consider dossier within 05 working days to have written guidance send to the inspection unit for inspection.

d) The inspection unit conducts inspection of motor vehicles and implements provisions on point c, d clause 1 this Article.

4.Recording the supplementations, amendments to dossier of motor vehicle when it has changes on administrative information, specifications.

The owner brings motor vehicle together with documents specified in Article 5 of this Circular and relevant technical documents of motor vehicle to the inspection unit in nationwide for inspection and recording of changes.

a) In case motor vehicle brought to the inspection unit where managing dossier of means of transport: The inspection unit shall examine documents and compare with the inspection management program, it dossier is sufficient, valid, it record supplementations, amendments into the dossier of means of transport, the inspection management program and perform inspection as prescribed; if dossier is insufficient and invalid, it guides the owner for re-completion.

b) In case motor vehicle brought to the inspection unit where are not managing dossier of means of transport:

-The inspection unit shall examine and compare with the inspection management program. If dossier is sufficient and valid, it shall inspect and enter the request for supplementations, amendments to dossier of means of transport into the inspection management program, and send documents related to content of supplementations, amendments (directly or via post) to the inspection unit where managing dossier of means of transport and keep copies in the inspection dossier.

-The inspection unit managing dossier of means of transport shall examine documents and request for supplementations, amendments to dossier of means of transport in the inspection management program. If it is sufficient and valid, unit shall accept supplementations, amendments to dossier of means of transport and keep documents in dossier of means of transport. If it is insufficient or invalid, unit request the inspection unit that has inspected for repairing and overcoming.

Chapter 3.

INSPECTION DOSSIER, PRINTS

Article 6. Inspection certificate, stamp

1.Motor vehicles which their inspection satisfies standard as prescribed shall be granted certificate and inspection stamp in according to form specified in Annex III of this Circular. Certificates, inspection stamps are printed on blank certificates, and stamps which are issued uniformly by the Vietnam Register. Certificate, inspection stamp must have a same seri number and content suitable with dossier of means of transport.

2.The effect duration of certificate and inspection stamp are granted according to the inspection cycle specified in the Circular No. 10/2009/TT-BGTVT but not exceeding the expiry date of vehicle registration or day of expiring of use life of vehicle.

3.Certificate is assigned to owner in order to bring it along to when joining in traffic, the inspection stamp is sticked at top right corner, the inside face of windshield in front of motor vehicle. If a motor vehicle has no windshield in front of, the inspection stamp may be sticked on the frame of vehicle at behind, near the position of registration number plate.

4.If certificate or inspection stamp is loss, damaged or torn, the vehicle owner shall bring his/her motor vehicle to an inspection unit for inspection and re-issuance.

5.When a dossier supplied by the vehicle owner is detected to be falsified, modified or erased; certificate or inspection stamp granted is incompatible with the inspected motor vehicles, the inspection units must notify for functional agencies and take responsibility for revocation of such granted certificates or inspection stamps (if they are valid).

6.Certificate and inspection stamp are invalid when:

a) Motor vehicle has been granted a new certificate and inspection stamp;

b) The vehicle owner has declared loss;

c) An inspection unit has notify for revocation;

d) A motor vehicle suffering an accident which make it failing to ensure technical safety and environmental protection as prescribed.

Article 10. Orders of, procedures for grant and issuance of inspection prints

1.Theinspectionunit shall make and sent a request slip for supply of dossier, inspection prints according to form specified in Annex IV of this Circular to the Vietnam Register onbetweenfifteenth and twentieth of each month.

2.The Vietnam Register shall, onbasis ofneeds and capacities of inspection units, send inspection prints via post or directly for inspection units on between twenty-third and twenty eighth of each month.

Article 11. Reports on inspection

The inspection units must send reports on inspection to the Vietnam Register as follows:

1.Periodical reports are sent on the first working day of the next month including:

a) Report on result of inspection and report on use of inspection prints made out from the inspection management program.

b) Report on inspection prints inventory in according to form specified in the Annex V of this Circular.

2.Report on inspection result in file form transmitted to the inspection management program under guides of the Vietnam Register.

3.In August yearly, report of list of automobile which preparing to expiry their service life from January 01 of the next year according to form specified in annex VI of this Circular.

4.Before January 10 yearly, report of list of automobile which expiry their service life from January 01 of year according to form specified in annex VI of this Circular.

5.Irregular reports at requests of competent agencies.

Article 12. Keeping dossiers, inspection data

The inspection units shall manage, keep vehicle dossier, inspection dossier and data. A kept dossier is required to be sufficient and preserved well, easy for monitoring and examining.

1.Vehicle dossier includes:

a) The dossier-setting slip of vehicle.

b) Documents stated in point c, clause a, Article 5 of this Circular.

c) Certificates of technical safety and quality and environmental protection of transformed motor vehicles (for transformed motor vehicles).

d) Two general photos of number plate of motor vehicles taking at a crossing angle of 450in the front of beside of vehicle and behind of opposite angle (including when motor vehicle changes number plate or is transformed to change general shape).

dd) Copies of certificate, vehicle registration when setting up the dossier-setting slip of vehicle and when changing administrative information, specifications.

e) Other docuements recording changes on administrative information, specifications during use of motor vehicle (is any).

2.Inspection dossier includes:

a) Inspection slips:

b) Copies of documents: Vehicle registration, certificate of new grant for motor vehicles;

c) Documents related to supplementations, amendments of vehicle dossier which are not managed by the unit.

3.Inspection data is saved in the inspection unit and in database of the inspection management program.

4.Duration for storage

a) Dossiers of vehicle: Being kept during course of use of motor vehicles. For means of transport which expired service life, being cancelled after 3 years of service life expiration.

b) Inspection dossier: Being kept in 3 years from the day of inspection.

Chapter 4.

THE RESPONSIBILITY OF VEHICLE OWNER

Article 13.The responsibility of vehicle owner

Apart from implementation of content in this Circular, the vehicle owner shall implement the following provisions:

1.Refrain from transforming their motor vehicles structure, components or accessories in order to satisfy technical standard when bringing inspection or faking, removing, sticking, erasing, repairing contents of inspection certificate.

2.Supplying exactly necessary information relating to inspection content, content of administrative management, management of specifications of motor vehicles, including supply of relevant dossiers, documents for inspection units.

3. Returningcertificate inspection stamp when receiving notice on revocation of inspection units;

Chapter 5.

RESPONSIBILITY OF STATE MANAGEMENT AGENCIES

Article 14. The Vietnam Register

1.To provide guidance, professional instructions in inspection of motor vehicles and examine implementation of this Circular.

2.To elaborate, manage, guide use uniformly of the inspection management program; connecting network of data transmittion and manage data of motor vehicles invested by inspection units.

3.To examine and evaluate conformity on conditions and criteria as prescribed by the Ministry of Transport with respect to inspection units.

4.To provide professional education and training on inspection of motor vehicles. To evaluate, appoint, dismiss, grant and revocate card with respect to inspectors.

5.To conduct regular, periodical and irregular examination and supervision of inspection units’ inspection activities. To handle violations committed by inspectors and inspection units according to regulations.

6.To uniformly issue, manage and print inspection prints and certificates.

7.To report on result of inspection according to regulations.

Article 15. The provincial-leveltransport departments

1.To examine and supervise operations and handle violations committed by inspectors and inspection units under their management. To coordinate with the Vietnam Register in examining operations of local inspection units of motor vehicles.

2.To propose provincial-level People s Committees to appoint or to appoint under authorization directors and deputy directors of inspection units under their management according to in the Transport Minister s Circular No. 11/2009/TT-BGTVT of June 24, 2009, providing conditions on road motor vehicle inspection centers.

Article 16. The inspection units of motor vehicles

1.To conduct inspection and issue certificates for motor vehicles tojoin inthe roadtrafficaccording to regulations. Heads of inspection units and inspectors who direct conduct inspection shall take responsibility for inspection results.

2.To publicize inspection orders, procedures, contents, process, criteria, regulations, fees, charges and working time.

3.To implement regime of storage and report according to regulations. To transmit inspection figures everyday, keep password in safe and update warning figures from the data network of the Vietnam Register.

4.To abide by and create favorable conditions for the inspection, examination and supervision of their inspection activities by functional agencies.

5.To manage, supervise inspection activities, often educate professional ethics for inspectors and employees, prevent negative matters in their inspection operation.

6.To carry out examination, maintenance and repair in order to maintain the precision and operation of inspection equipment and devices according to regulations. To report to the Vietnam Register and provincial-level Transport Departments on the termination of operation of inspection lines.

Chapter 6.

ORGANIZATION OF IMPLEMENTATION

Article 17. Effect

1.This Circular takes effect on April 01, 2013 and annuls the following documents:

a) The Circular No. 22/2009/TT-BGTVT, of October 06, 2009 of The Minister of Transport providing on procedures for inspection of technical safety and environmental protection of road motor vehicles.

b) Article 4 of the Circular No. 37/2011/TT-BGTVT, of May 06, 2011, of the Minister of Transport on amending and supplementing a number of articles the Regulation on transforming road motor transport promulgated together with the Decision No. 15/2005/QD-BGTVT, of February 15, 2005, Regulations on conditions of establishment and operation of the motor vehicle inspection centers promulgated together with the Decision No. 45/2005/QD-BGTVT, of September 23, 2005, the Circular No. 10/2009/TT-BGTVT, of June 24, 2009, providing on inspection of technical safety and environmental protection of road motor transport and the Circular No. 22/2009/TT-BGTVT, of October 06, 2009, providing on procedures for inspection of technical safety and environmental protection of road motor transport of the Minister of Transport.

2.Inspection certificates issued by inspection units to vehicles before the effective date of this Circular remain valid through the expiration date written certificate and inspection stamps.

Article 18. Organization of implementation

The chief of the Ministry Office, the Chief Inspector, directors of the Ministry s departments, the director of the Vietnam Register, directors of provincial-level Transport Departments, heads of concerned agencies, and related organizations and individuals shall implement this Circular.