Decree 121/2024/ND-CP amend Decree 139/2018/ND-CP provision of motor vehicle inspection services

DECREE

Amending and supplementing a number of articles of the Government's Decree No. 139/2018/ND-CP dated October 8, 2018, prescribing the provision of motor vehicle inspection services, which was amended and supplemented under the Government's Decree No. 30/2023/ND-CP dated June 8, 2023

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Pursuant to the Law on Organization of the Government dated June 19, 2015, and the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Law on Investment dated June 17, 2020;

At the proposal of the Minister of Transport;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government's Decree No. 139/2018/ND-CP dated October 8, 2018, prescribing the provision of motor vehicle inspection services, which was amended and supplemented under the Government's Decree No. 30/2023/ND-CP dated June 8, 2023.

Article 1. Amending and supplementing a number of articles of the Government's Decree No. 139/2018/ND-CP dated October 8, 2018, prescribing the provision of motor vehicle inspection services, which was amended and supplemented under the Government's Decree No. 30/2023/ND-CP dated June 8, 2023

1. To amend and supplement Clause 4 Article 4 of Decree No. 139/2018/ND-CP, which was amended and supplemented under Clause 3 Article 1 of Decree No. 30/2023/ND-CP as follows:

“4. The building or establishment of inspection units must conform with relevant master plans, taking into account special factors of localities, remote, deep-lying and mountainous areas, and islands; the application of modern inspection technologies and equipment is promoted.”.

2. To add Clause 7 and Clause8 Article 11 of Decree No. 139/2018/ND-CP as follows:

“7. The use of tool and software to repair vehicle data and inspection data aims to legalize vehicle information and vehicle inspection results.

8. The operation of the section in charge of inspection dossier-related matters shall not be maintained during the time the unit halting the provision of motor vehicle inspection services, except for force majeure cases or objective obstacles as prescribed by law”.

3. To amend and supplement Clause 3 Article 12 of Decree No. 139/2018/ND-CP as follows:

“3. Inspection centers having their certificates of eligibility for motor vehicle inspection revoked may be considered for re-grant of certificates after 12 months from the date of revocation, except for the cases specified in Clause 3 Article 11.”.

4. To add Clause 9 Article 18 of Decree No. 139/2018/ND-CP as follows:

“9. Using tool and software to repair vehicle data and inspection data in order to legalize vehicle information and vehicle inspection results.”.

Article 2. Ceasing the effect of, and repealing a number of points, clauses and articles of Decree No. 139/2018/ND-CP and Decree No. 30/2023/ND-CP

1. To repeal Point b Clause 1, Point b Clause 2 Article 10 of Decree No. 139/2018/ND-CP, which was amended and supplemented under Clause 10 Article 1 of Decree No. 30/2023/ND-CP.

2. To cease the effect of Clause 4 Article 18 of Decree No. 139/2018/ND-CP, which was amended and supplemented under Point c Clause 16 Article 1 of Decree No. 30/2023/ND-CP, until January 1, 2025.

Article 3. Implementation provisions

1. This Decree takes effect from October 5, 2024.

2. Transitional provisions

Inspection centers having their certificates of eligibility for motor vehicle inspection revoked before the effective date of this Decree may apply provisions of Clause 3 Article 1 of this Decree.

3. The phrase “Certificate of eligibility for provision of motor vehicle inspection services” is replaced with the phrase “Certificates of eligibility for motor vehicle inspection” specified at Point b Clause 4 Article 38, Point h Clause 1 Article 81 of the Government’s Decree No. 100/2019/ND-CP dated December 30, 2019, on sanctioning administrative violations in the fields of road traffic and railway.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall implement this Decree./.