Circular 2/2023/TT-BGTVT amend Circular 16/2021/TT-BGTVT inspection of road motor vehicles

CIRCULAR

Amending and supplementing a number of articles of the Minister of Transport's Circular No. 16/2021/TT-BGTVT dated August 12, 2021, providing regulations on technical safety and environmental protection inspection of road motor vehicles

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

Pursuant to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Science -Technology and Environment Department and the Director General of Vietnam Register;

The Minister of Transport hereby promulgates the Circular amending and supplementing a number of articles of the Minister of Transport's Circular No. 16/2021/TT-BGTVT dated August 12, 2021, providing regulations on technical safety and environmental protection inspection of road motor vehicles.

Article 1. Amending and supplementing a number of articles of the Minister of Transport's Circular No. 16/2021/TT-BGTVT dated August 12, 2021, providing regulations on technical safety and environmental protection inspection of road motor vehicles (hereinafter referred to as Circular No. 16/2021/TT-BGTVT)

1. To amend and supplement Article 5 as follows:

“Article 5. Inspection places, inspection subjects and exemption from initial inspection

1. The compilation of vehicle dossiers and the inspection (including the cases of supplementation and amendment of vehicle dossiers) of motor vehicles shall be carried out at any registration center nationwide.

2. Motor vehicles must be inspected on the inspection line, except for the following cases:

a) Unused motor vehicles subject to initial inspection exemption as prescribed in Clause 3 of this Article;

b) Oversize or overmass motor vehicles that cannot be inspected on the inspection lines: To-be-inspected items being working condition and efficiency brake or other items that cannot be inspected on the inspection line (if any) shall be inspected on an off-line test road or outside inspection centers in accordance with Clause 3 Article 8 of this Circular;

c) Where it is impossible to bring motor vehicles to the inspection centers for inspection, such vehicles shall be inspected outside the inspection centers in accordance with Clause 3 Article 8 of this Circular. To be specific: motor vehicles of which the factory quality inspection notes (for assembled or manufactured vehicles), or inspection certificates for compliance with technical safety and environmental protection requirements (or notices of exemption from technical safety and environmental protection inspection) (for imported vehicles) include the information “motor vehicles not joining road traffic”; motor vehicles operating in islands without inspection centers; motor vehicles operating areas in needs to be guaranteed in terms of safety and security; motor vehicles operating in restricted areas such as ports, mines, construction sites; motor vehicles performing urgent tasks (such as prevention of natural disasters, epidemics).

3. Unused motor vehicles that have been granted with a “factory quality inspection note” (for assembled or manufactured vehicles), or “inspection certificate of imported motor vehicle for compliance with technical safety and environmental protection requirements”, or “notice of exemption from technical safety and environmental protection inspection” (for imported motor vehicles), with the interval from the manufacturing year to the year of submitting the application dossier for inspection certificates of less than 02 years (manufacturing year plus 01 year), and complete and valid dossiers as prescribed in Clause 1 Article 6 of this Circular, shall be exempted from initial inspection.”

2. To amend and supplement Clause 1 Article 6 as follows:

“1. Compilation of vehicle dossiers

Vehicle owners must declare information and provide the following papers for compilation of vehicle dossiers (except for the case of initial inspection for grant of inspection certificates and inspection stickers with a validity period of 15 days):

a) Produce vehicle registration paper (original vehicle registration certificate issued by a competent state agency, or a credit institution’s original copy of the written confirmation of keeping the original vehicle registration certificate (enclosed with a vehicle registration certificate copy) of the mortgaged vehicle, or a copy of the vehicle registration certificate certified by a financial leasing institution (enclosed with a vehicle registration certificate copy) or an appointment letter for the issuance of the vehicle registration certificate;

b) A copy of the factory quality inspection note, for domestically manufactured or assembled motor vehicles (except for liquidated motor vehicles);

c) An original inspection certificate of refurbished motor vehicle for compliance with technical safety and environmental protection requirements, for newly refurbished motor vehicles;

d) A copy of the vehicle's chassis number and engine number, in case motor vehicles are exempted from inspection as specified in Clause 3 Article 5 of this Circular;

dd) A declaration of relevant information specified in Appendix I to this Circular.”.

3. To amend and supplement Point d Clause 1 and Point a Clause 2 Article 8 as follows:

a) To amend and supplement Point d Clause 1 Article 8 as follows:

“d) For motor vehicles exempted from initial inspection, the inspection centers shall, based on the dossiers provided by the vehicle owners, which have been fully and lawfully inspected and assessed under Clause 1 Article 6 of this Circular, grant inspection certificates and inspection stickers (vehicle owners are not required to bring their vehicles to the inspection centers).

For motor vehicles subject to inspection, the inspection centers shall carry out the inspection in accordance with Clauses 2 and 3 of this Article, and take photographs of such motor vehicles for archiving (the time may be displayed on the photos) as follows: 02 overall photos clearly showing the license plate of the motor vehicle (01 photo at a diagonal angle of about 45 degrees from the front next to the vehicle and 01 photo from the back of the opposite corner); 02 photos of the undercarriage, except for vehicles carrying people with up to 9 seats (01 photo taken from the front of the vehicle, 01 photo taken from the back of the vehicle); photo of the vehicle's chassis number”.

b) To amend and supplement Point a Clause 2 Article 8 as follows:

“a) Receive, inspect and check the warnings, compare the dossier with data on the Inspection Management Program (in case where the inspection is carried out immediately after the exempted initial vehicle inspection, the inspection center must additionally compare information about the vehicle’s actual technical specifications and the Vietnam Register's import, assembly and manufacture database). In case the dossier is incomplete, it shall guide the vehicle owner to supplement; in case the dossier is complete, it shall register the inspection, carry out the inspection and assessment of the motor vehicle’s compliance with technical safety and environmental protection requirements, and print the inspection note according to the form specified in Appendix VI to this Circular;”.

4. To amend and supplement the title of Clause 1, Point a Clause 1, Clause 5 Article 9 as follows:

a) To amend and supplement Clause 1 Article 9 as follows:

“1. Motor vehicles that are exempted from initial inspection, pass the inspection shall be granted an inspection certificate and inspection sticker according to the forms specified in Appendix X to this Circular. Vehicle owners shall affix inspection stickers (for the case of exemption from initial inspection) in accordance with Clause 4 Article 9 of this Circular.”.

b) To amend and supplement Point a Clause 1 Article 9 as follows:

“a) The inspection certificate and inspection sticker granted to a motor vehicle must have the same serial number, be printed from the Inspection Management Program, on the blank certificate issued by the Vietnam Register, with content consistent with the vehicle dossier and data on the Inspection Management Program. Motor vehicles declared for commercial use (with yellow number plates) shall be granted with an inspection certificate and inspection sticker applicable to commercial motor vehicles. Other motor vehicles declared not for commercial use (with number plates other than yellow ones) shall be granted with an inspection certificate and inspection sticker applicable to non-commercial motor vehicles.”.

c) To amend and supplement Clause 5 Article 9 as follows:

“5. In case the inspection certificate or inspection sticker is lost or damaged, the vehicle owner must have his/her vehicle re-inspected to be granted with an inspection certificate or inspection sticker, except for the following cases:

a) In case the initial inspection certificate or initial inspection sticker of the motor vehicle exempted from inspection is lost, within 07 working days from the date on which the initial inspection certificate or initial inspection sticker is granted, the vehicle owner or his/her lawfully authorized person shall make declaration at an inspection center according to the form specified in Appendix I to this Circular to have only one reprinted inspection certificate or inspection sticker (the vehicle owner is not required to bring his/her vehicle to the inspection center);

b) In case the inspection certificate or inspection sticker of the motor vehicle exempted from initial inspection is damaged or incorrect compared to the vehicle information, the vehicle owner shall bring the granted inspection certificate or inspection sticker to the inspection center, and make declaration according to the form specified in Appendix I to this Circular so as the inspection center can review and check information, and reprint the inspection certificate or inspection sticker (the vehicle owner is not required to bring his/her vehicle to the inspection center).”

5. To add Clause 6 Article 13 as follows:

“6. In case where the motor vehicle is exempted from initial inspection, the vehicle owner must affix the inspection sticker on the vehicle before joining traffic in accordance with Clause 4 Article 9 of this Circular.”.

6. To amend and supplement Clause 4 Article 14 as follows:

“4. To coordinate with relevant agencies in giving warnings and removing warnings on the Inspection Management Program for motor vehicles with inconsistent administrative information or technical specification information, and the cases specified in Clause 12 Article 80 of the Government’s Decree No. 100/2019/ND-CP dated December 20, 2019, and other warning cases at the state agencies’ requests.”.

7. To add Clause 18 Article 16 as follows:

“18. Inspection centers shall coordinate in reprinting inspection certificates and inspection stickers if such certificates and stickers are lost, damaged or contain incorrect information as specified at Points a and b Clause 5 Article 9 of this Circular.”

Article 2. Replacing a number of Appendices to Circular No. 16/2021/TT-BGTVT

To replace Appendices I, II, III, VI, XI to Circular No. 16/2021/TT-BGTVT with Appendices I, II, III, IV, V, VI to this Circular.

Article 3. Effect and implementation organization

1. This Circular takes effect from March 22, 2023.

2. Inspection certificates and inspection stickers already granted before the effective date of this Circular shall continue to be used until the time limits specified in such certificates and stickers.

3. The Chief of Ministry Office, the Ministerial Chief Inspector, Directors, Directors General of Vietnam Register and Vietnam Road Administration, Directors of Transport Departments and Transport - Construction Departments of provinces and centrally-run cities, Heads of related agencies, organizations and individuals shall implement this Circular./.

 For the Minister

The Deputy Minister

 LE DINH THO

APPENDIX V
(Attached to the Minister of Transport's Circular No. 2/2023/TT-BGTVT dated March 21, 2023)

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APPENDIX XI
Vehicle inspection intervals

1. Principles for determining motor vehicle inspection intervals

a) General principles

The initial inspection intervals specified in Section 2 of this Appendix shall be applied to the following vehicles: Motor vehicles exempted from inspection specified in Clause 3 Article 5 of this Circular; unused motor vehicles with the intervals between the manufacturing year and the year of submitting the application dossier for initial inspection certificate of less than 02 years (manufacturing year plus 01 year). The interval from the manufacturing year to the year of submitting application dossier for the inspection certificate shall be determined according to instructions given at Point e Section 1 of this Appendix.

The intervals specified in Section 2 of this Appendix shall be applied to the following vehicles: Initially inspected motor vehicles other than those applying the initial intervals as mentioned above; Re-inspected motor vehicles.

b) Refurbished motor vehicles mean motor vehicles that are refurbished to change their functions or change the drive or brake system (except for the cases of adding an auxiliary brake pedal).

c) For inspected motor vehicles that have been granted with an inspection certificate with a validity period of 15 days, such period shall not be considered as initial interval.

d) If a motor vehicle is re-inspected with the inspection deadline calculated according to the regular interval is smaller than the inspection deadline of the latest inspection interval, the following inspection deadline to be granted shall be equal to the inspection deadline of the latest inspection interval applicable to the “type of vehicle” in the inspection interval table, calculated from the date of inspection and grant of the latest inspection interval.

For example: A 9-seater non-commercial automobile inspected and granted with an initial inspection interval on June 12, 2023, is granted an inspection certificate with an interval of 36 months and the inspection deadline is June 11, 2026. On June 17, 2023, it is re-inspected for grant of an inspection certificate applicable to commercial automobiles, the inspection deadline to be granted as follow:

The initial inspection interval of a 9-seater commercial automobile is 24 months from the date of inspection and grant of the initial interval (June 12, 2023), therefore, the deadline for inspecting the automobile is June 11, 2025.

e) The manufacturing time of a motor vehicle that is used as a basis for granting an inspection interval shall be calculated by year (same as the calculation of a motor vehicle's lifetime).

For example: A motor vehicle is manufactured in 2023:

- By the end of December 31, 2025, it is considered as having a age of up to (within a period of) 2 years (2025 - 2023 = 02 years).

- By the end of January 1, 2026, it is considered as having a age of above 2 years (2026 - 2023 = 03 years).

2. Inspection interval table

Note: The number of seats of a passenger automobile includes the driver

* Other Appendices are not translated herein.