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 of October 8, 2018, providing the provision of motor vehicle inspection services, which had a number of articles amended and supplemented under the Government’s Decree No. 30/2023/ND-CP of June 8, 2023^[1]

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

Pursuant to the November 13, 2008 Law on Road Transport;

Pursuant to the June 17, 2020 Law on Enterprises;

Pursuant to the June 17, 2020 Law on Investment;

At the proposal of the Minister of Transport;

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

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 139/2018/ND-CP of October 8, 2018, providing the provision of motor vehicle inspection services, which had a number of articles amended and supplemented under the Government’s Decree No. 30/2023/ND-CP of 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 and establishment of inspection units must conform with relevant master plans, taking into account particularities of remote and deep-lying localities, mountainous areas and islands; with the encouragement of application of modern inspection technologies and equipment.”.

2. To add Clauses 7 and 8, Article 11 to Decree No. 139/2018/ND-CP as follows:

“7. To use tools and software to fix vehicle data and inspection data to legalize vehicle information and vehicle inspection results.

8. Not to maintain a division in charge of inspection dossier-related jobs shall not be maintained during the suspension of the unit’s motor vehicle inspection activities, except cases of force majeure or objective obstacles as provided by law.”.

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

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

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

“9. To use tools and software to fix vehicle data and inspection data to legalize vehicle information and vehicle inspection results.”.

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

1. To annul Point b, Clause 1, and Point b, Clause 2, Article 10 of Decree No. 139/2018/ND-CP (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 (amended and supplemented under Point c, Clause 16, Article 1 of Decree 30/2023/ND-CP) through January 1, 2025.

Article 3. Effect

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

2. Transitional provision

For inspection units having their certificates of eligibility for motor vehicle inspection activities revoked before the effective date of this Decree, Clause 3, Article 1 of this Decree shall apply.

3. To replace the phrase “certificates of eligibility for provision of motor vehicle inspection services” specified at Point b, Clause 4, Article 38, and Point h, Clause 1, Article 81 of Decree No. 100/2019/ND-CP of December 30, 2019, on sanctioning of administrative violations in the fields of road traffic and railway traffic with the phrase “certificates of eligibility for motor vehicle inspection activities”.

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

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA