Decree 30/2023/ND-CP amend Decree 139/2018/ND-CP motor vehicle inspection service business

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Decree No. 30/2023/ND-CP dated June 08, 2023 of the Government 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
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Official number:30/2023/ND-CPSigner:Tran Hong Ha
Type:DecreeExpiry date:Updating
Issuing date:08/06/2023Effect status:
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Fields:Investment , Transport

SUMMARY

03 cases where inspection centers are suspended from operation for 1 month

On June 08, 2023, the Government issues the Decree No. 30/2023/ND-CP amending and supplementing a number of articles of the Decree No. 139/2018/ND-CP dated October 08, 2018 providing for regulations on motor vehicle inspection service business. A number of remarkable contents shall be as follows:

1. An inspection center shall be suspended from operation for one month if it commits any of the following violations:

- Failure to meet one of the conditions, requirements, this Decree and the National Technical Regulations on Vehicle Inspection Station;

- There were 02 times in which its register officers are sanctioned under Clause 1 Article 38 of Decree No. 100/2019/ND-CP dated December 30, 2019 for a period of 12 consecutive months;

- Assignment of a register officer to conduct the inspection not in conformity with contents of his/her register officer certificate

2. An inspection center shall be suspended from operation for three months if it commits any of the following violations:

- Carry out the inspection and grant inspection certificates to motor vehicles in contravention of provisions, standards and technical regulations

- There were 03 times in which its register officers are sanctioned under Clause 1 Article 38 of Decree No. 100/2019/ND-CP or 02 register officers or more having their register officer certificates revoked for a period of 12 consecutive months, except for cases of revocation of register officer certificates under Clause 6 Article 18 of this Decree

- Make requirements or promulgate procedures not specified in regulations issued by the Ministry of Transport on inspections of motor vehicle for compliance with technical safety and environmental protection requirements, causing difficulties for organizations and individuals; refuse to provide the motor vehicle inspection service in contravention of the law; etc.

3. Amend the conditions for grant of register officer certificates:

- Obtaining a bachelor’s degree in mechanical engineering with the following subjects covered in the training program: Automotive theory, Automotive structures, Automotive structures and computation, Automotive technical maintenance, Internal combustion engine, Automotive electricity or equivalent subjects. If some of the above subjects are not covered by the training program, they may be trained additionally at other higher education institutions

 - Undergo the professional practice as a register officer for at least 12 months according to the contents prescribed by the Ministry of Transport

- For learners who have experience in directly performing automobile maintenance and repair at establishments providing automobile warranty and maintenance services for enterprises manufacturing, assembling and importing automobiles under Decree No. 116/2017/ND-CP dated October 17, 2017, if their total cumulative working time is from 12 months to 24 months, the required practice period is 06 months, if their total cumulative working time is over 24 months, the required practice period is 03 months; etc.

This Decree takes effect on the signing date.

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Effect status: Known

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 30/2023/ND-CP

 

Hanoi, June 8, 2023

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[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 Traffic;

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.

 

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 (below referred to as Decree No. 139/2018/ND-CP for short)

1. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulation

This Decree provides conditions for providing inspection services for automobiles, trailers or semi-trailers pulled by automobiles and similar vehicles (below referred collectively to as motor vehicles); and management of the provision of motor vehicle inspection services.”.

2. To amend and supplement Clauses 1, 2, 3, 5, 6, and 7 of, and add Clause 10 to, Article 3 as follows:

a/ To amend and supplement Clause 1, Article 3 as follows:

“1. Inspection of motor vehicles (below referred to as inspection for short) means the initial and regular inspection of technical safety and environmental protection for motor vehicles.”.

b/ To amend and supplement Clause 2, Article 3 as follows:

“2. Certificate of inspection of technical safety and environmental protection of road motor vehicle (below referred to as inspection certificate for short) means a certificate confirming that the motor vehicle has been inspected and meets the  standards and regulations on technical safety and environmental protection.”.

c/ To amend and supplement Clause 3, Article 3 as follows:

“3. Motor vehicle inspection unit (below referred to as inspection unit for short) means a public non-business unit, an enterprise or a cooperative established in accordance with law to provide public services of inspection and issue inspection certificates for motor vehicles.”.

d/ To amend and supplement Clause 5, Article 3 as follows:

“5. Inspector means a person who has been trained and granted an inspector’s certificate to perform part or all of the stages of vehicle inspection and is responsible for results of the inspection he/she performs. Inspectors include motor vehicle inspectors and senior motor vehicle inspectors.”.

dd/ To amend and supplement Clause 6, Article 3 as follows:

“6. Professional staff means persons who perform the work of receiving, returning and storing records; entering data; looking up, checking and comparing records of motor vehicles registered for inspection, printing inspection results and performing other office jobs as assigned by an inspection unit.”.

e/ To amend and supplement Clause 7, Article 3 as follows:

“7. Person in charge of the inspection section means a senior motor vehicle inspector who is responsible for results of the inspection performed at the line he/she is assigned to take charge of.”.

g/ To add Clause 10 to Article 3 as follows:

“10. Inspection unit founder means a legal entity established and operating in accordance with law.”.

3. To amend and supplement Article 4 as follows:

“Article 4. Principles of provision of motor vehicle inspection services

1. Only organizations that have been granted certificates of eligibility for motor vehicle inspection may carry out motor vehicle inspection activities.

2. Inspection activities must be independent, objective, transparent, and compliant with law.

3. In case the system of inspection units cannot meet the demand for motor vehicle inspection of organizations and individuals, inspection units and human resources of the People’s Public Security Force and People’s Army may be mobilized to support motor vehicle inspection activities within the scope of regulation of this Decree.

4. The building or establishment of inspection units must conform with provincial master plans, specialized master plans and other relevant master plans, taking into account special factors of localities, remote, deep-lying and mountainous areas, and islands, and suit the quantity and density of vehicles registered in their localities; the application of modern inspection technologies and equipment is promoted.

5. The location of inspection units must comply with regulations on connection to the traffic system; be convenient for motor vehicles subject to inspection to enter and leave; and ensure safety and convenience during operation of such units without causing traffic congestion, especially in big urban centers.”.

4. To amend and supplement Article 5 as follows:

“Article 5. General conditions

Organizations that meet the conditions on physical foundations, organizational structure and human resources specified in this Decree and the national technical regulation on registration units issued by the Ministry of Transport may be granted certificates of eligibility for motor vehicle inspection.”.

5. To amend the title of Article 6 as follows:

“Article 6. Conditions on physical foundations”.

6. To amend and supplement Article 7 as follows:

“Article 7. Conditions on organizational structure and human resources

1. The organizational structure of an inspection unit must have at least the following sections:

a/ The leadership composed of the Director, Deputy Director(s) or person in charge of the inspection unit who shall manage and administer the inspection unit and of whom at least 1 person must be qualified to sign inspection certificates under Article 24 of this Decree;

b/ The inspection section composed of the person in charge of the section and inspectors who shall inspect and assess technical conditions of vehicles;

c/ The office composed of professional staff and other staff members who shall perform office jobs and support inspection activities.

2. The human resources of an inspection unit include:

a/ At least 1 leader satisfying the conditions specified in Article 24 of this Decree;

b/ At least 1 person in charge of the inspection section;

c/ At least 2 inspectors for each inspection line to ensure that all inspection stages are carried out. The human resources specified at Points a and b of this Clause may participate in inspection activities at inspection lines and are counted as inspectors at inspection lines;

d/ Professional staff to perform the jobs specified in Clause 6, Article 3 of this Decree.”.

7. To amend the title of Chapter III as follows:

“Chapter III

GRANT, RE-GRANT, OPERATION SUSPENSION, REVOCATION OF CERTIFICATES OF ELIGIBILITY FOR MOTOR VEHICLE INSPECTION”

8. To amend and supplement Article 8 as follows:

“Article 8. Procedures and order for grant of certificates of eligibility for motor vehicle inspection

1. After completing investment and construction activities in accordance with law, the organization establishing an inspection unit shall prepare 1 dossier of application for a certificate of eligibility for motor vehicle inspection and send it to the provincial-level Transport Department or Transport and Construction Department (below referred to as provincial-level Transport Department). Such a dossier must comprise:

a/ An application for examination and grant of certificate of eligibility for motor vehicle inspection, made according to the form provided in Appendix VII to this Decree;

b/ A list of personnel of the unit, enclosed with the following documents: decisions on appointment of the leader of the inspection unit; decision on appointment of the person in charge of the inspection section; certified copies of labor contracts under regulations, recruitment or admission decisions, for inspectors and professional staff, and diplomas and certificates of each individual;

c/ A checklist against regulations on physical foundations and inspection lines under national technical regulations;

d/ The overall layout plan and floor plans of workshops where inspection lines and equipment are installed;

dd/ The decision approving the investment policy of the local competent agency (certified copy or original for collation).

2. Order and method of grant of certificates of eligibility for motor vehicle inspection

a/ Within 3 working days from the date of dossier receipt, if the dossier is complete and valid under regulations, the provincial-level Transport Department shall notify the inspection unit founder of time of physical inspection and assessment of the inspection unit. In case the dossier is incomplete or invalid, the provincial-level Transport Department shall notify such in writing to the inspection unit founder, clearly stating the reason for refusal to accept the dossier;

b/ Within 5 working days from the date of grant of a notice of inspection and assessment, the provincial-level Transport Department shall carry out physical inspection and assessment. Assessment results shall be recorded in a minutes according to the form provided in Appendix I to this Decree. If inspection and assessment results are satisfactory, within 5 working days, the provincial-level Transport Department shall issue a certificate of eligibility for motor vehicle inspection, using the form provided in Appendix II to this Decree and the inspection unit code specified in Appendix VI to Decree; if inspection and assessment results are unsatisfactory, the provincial-level Transport Department shall notify the inspection unit founder thereof in writing within 5 working days for the latter to remedy and carry out the inspection and assessment again.

3. The receipt of dossiers and notification of results shall be carried out in person at the provincial-level Transport Department or through the postal system or online. The composition of the dossier corresponding to each form of dossier receipt must comply with Clause 1 of this Article.”.

9. To amend and supplement Article 9 as follows:

“Article 9. Procedures and order for re-grant of certificates of eligibility for motor vehicle inspection

1. The re-grant of a revoked certificate of eligibility for motor vehicle inspection must comply with the provisions of Article 8 of this Decree applicable to first-time certificate grant.

2. In case its certificate of eligibility for motor vehicle inspection is lost or damaged, an inspection unit shall send a written request for re-grant of the certificate to the provincial-level Transport Department. Within 5 working days from the date of receipt of the written request, the provincial-level Transport Department shall base itself on the stored records to re-grant such certificate (enclosed with a note that this certificate replaces the lost or damaged certificate).

3. In case a motor vehicle inspection unit changes its location, premises or inspection workshop or arranges its inspection lines in a way that is different from that declared in the dossier of application for certificate of eligibility for motor vehicle inspection, or changes its inspection equipment, thus changing the number of inspection lines in operation, it shall send a notice thereof to the provincial-level Transport Department (enclosed with a checklist against national technical regulations on physical foundations and inspection lines). Within 5 working days from the date of receipt of the notice, the provincial-level Transport Department shall inspect and assess the change. If inspection and assessment results are satisfactory, the provincial-level Transport Department shall grant a certificate of eligibility for motor vehicle inspection within 5 working days; if inspection and assessment results are unsatisfactory, the provincial-level Transport Department shall notify such in writing to the inspection unit within 5 working days for the latter to take remedial measures and carry out inspection and assessment again.”.

10. To amend and supplement Clauses 1 and 2, Article 10 as follows:

a/ To amend and supplement Clause 1, Article 10 as follows:

“1. An inspection unit shall be suspended from operation for 1 month if falling into one of the following cases:

a/ Failing to satisfy one of the conditions, requirements or regulations mentioned in this Decree and national technical regulations on registration units;

b/ Having its inspectors sanctioned twice in 12 consecutive months under Clause 1, Article 38 of the Government’s Decree No. 100/2019/ND-CP of December 30, 2019, on sanctioning of administrative violations in the field of road and railway traffic;

c/ Assigning inspectors to carry out inspection activities which are not conformable with their inspector’s certificates.”.

 b/ To amend and supplement Clause 2, Article 10 as follows:

“2. An inspection unit shall be suspended from operation for 3 months if falling into one of the following cases:

a/ Carrying out inspection and granting inspection certificates for motor vehicles at variance with regulations, standards and technical regulations;

b/ Having its inspectors sanctioned thrice or more times in 12 consecutive months under Clause 1, Article 38 of the Government’s Decree No. 100/2019/ND-CP or having 2 or more inspectors subject to revocation of inspector’s certificates, except cases of revocation of inspector’s certificates specified in Clause 6, Article 18 of this Decree;

c/ Setting requirements or issuing procedures that are not included in the Ministry of Transport’s regulations on inspection of technical safety and environmental protection of motor vehicles, thereby causing difficulties for organizations and individuals; refusing to provide motor vehicle inspection services in contravention of law;

d/ Repeating one of the violations specified in Clause 1, Article 10 of this Decree in 12 consecutive months.”.

11. To amend and supplement Clauses 1 and 2 of, and add Clause 6 to, Article 12 as follows:

 a/ To amend and supplement Clause 1, Article 12 as follows:

“1. Within 5 working days after detecting a violation or receiving a notice of violation from a competent agency, the provincial-level Transport Department shall issue a decision to suspend the operation of the inspection unit and revoke its certificate of eligibility for motor vehicle inspection and notify such to the Vietnam Register and related agencies for coordinated implementation.”.

b/ To amend and supplement Clause 2, Article 12 as follows:

“2. The inspection unit shall return its certificate of eligibility for motor vehicle inspection to the provincial-level Transport Department, in case it is subject to certificate revocation, and stop motor vehicle inspection activities as soon as the decision takes effect.”.

c/ To add Clause 6 to Article 12 as follows:

“6. The inspection unit shall correct the violation(s) stated in the operation suspension decision and may resume its operation only completing such correction, and at the same time notify its operation status to the provincial-level Transport Department and the Vietnam Register.”.

12. To amend and supplement Point c, Clause 3, Article 13 as follows:

 “c/ Transfer all records of motor vehicles currently under its management to another inspection unit according to instructions of the Department of Transport.”.

13. To amend and supplement Points a and b, Clause 1, Article 14 as follows:

a/ To amend and supplement Point a, Clause 1, Article 14 as follows:

“a/ Professional qualifications: Having graduated from a university providing training in the major of mechanical engineering of which the training program covers the subjects of automotive theory, automotive structure, automotive structure computation, automotive maintenance, internal combustion engines and automotive electricity or equivalent subjects. In case the training program does not cover all subjects mentioned above, additional training at higher education institutions may be accepted;”.

b/ To amend and supplement Point b, Clause 1, Article 14 as follows:

 “b/ Having at least 12 months of practice as inspectors under the Ministry of Transport’s regulations. For trainees who have been personally engaged in the automobile maintenance and repair at automobile warranty and maintenance facilities of automobile car manufacturers, assemblers and importers under the Government’s Decree No. 116/2017/ND-CP of October 17, 2017, providing conditions for automobile manufacturing, assembly and import and provision of automobile warranty and maintenance services for a total working period of between 12 months and 24 months or more than 24 months, the internship period must be 6 months or 3 months, respectively (automobile warranty and maintenance facilities shall base themselves on working contracts signed with trainees and social insurance records to confirm the working period of trainees at the facilities and shall be held responsible for their confirmation).

14. To amend and supplement Point d, Clause 1, and Point d, Clause 2, Article 15 as follows:

a/ To amend and supplement Point d, Clause 1, Article 15 as follows:

“d/ A written confirmation of practicing inspection operation, made by the inspection unit; a written confirmation of the automobile warranty and maintenance facility as specified at Point b, Clause 1, Article 14 of this Decree, if any;”.

b/ To amend and supplement Point d, Clause 2, Article 15 as follows:

 “The receipt of dossiers and notification of processing results shall be carried out in person at the provincial-level Transport Department or through the postal system or online. The composition of the dossier corresponding to each form of dossier receipt must comply with Clause 1 of this Article.”.

15. To amend and supplement Clause 1, Article 16 as follows:

“1. Within 30 days before an inspector’s certificate expires, the concerned inspection unit and inspector shall send a written request for re-grant of the inspector’s certificate (enclosed with a 4 cm x 6 cm color ID photo, taken in the last 6 months) to the Vietnam Register.

Within 5 working days after receiving a written request, the Vietnam Register shall notify the plan on time and venue of assessment of professional qualifications of the inspector at the inspection unit. The assessment shall be carried out within 5 working days from the date of notification. Within 3 working days from the date of assessment, if assessment results are satisfactory, the Vietnam Register shall issue an inspector’s certificate; if results are unsatisfactory, the reason for giving such results must be clearly stated in the inspector assessment minutes; the inspection unit and inspector may request the Vietnam Register to carry out the assessment again 1 month after the inspector’s professional qualifications are assessed as unsatisfactory.”.

 16. To amend and supplement Clauses 1, 3, 4, and 6 of, and add Clause 8 to, Article 18 as follows:

a/ To amend and supplement Clause 1, Article 18 as follows:

“1. Falsifying inspection results or failing to comply with inspection-related regulations, processes, standards, technical regulations and instructions to the extent of causing serious consequences related to vehicle safety.”.

b/ To amend and supplement Clause 3, Article 18 as follows:

“3. Having been handled twice in 12 consecutive months for a violation specified in Clause 1, Article 38 of Decree No. 100/2019/ND-CP.”.

c/ To amend and supplement Clause 4, Article 18 as follows:

“4. Having been convicted by a legally effective judgment of the court for violating regulations related to the field of motor vehicle inspection.”.

d/ To amend and supplement Clause 6, Article 18 as follows:

“6. Not having been personally engaged in inspection or provision of professional guidance to, and assessment of professional qualifications of, inspectors for 12 consecutive months or more.”.

dd/ To add Clause 8 to Article 18 as follows:

“ 8. Setting requirements that are not included in the Ministry of Transport’s regulations on inspection of technical safety and environmental protection of motor vehicles, thus causing difficulties for organizations and individuals.”.

17. To amend and supplement Article 19 as follows:

“Article 19. Procedures for revocation of inspector’s certificates

1. Within 5 working days after detecting a violation or receiving a notice of violation from a competent agency, the Vietnam Register shall issue a decision to revoke inspector’s certificate of the concerned inspector and notify the decision to related agencies for coordinated implementation and publish the decision on its website.

2. The inspector shall return his/her inspector’s certificate to the Vietnam Register, and stop motor vehicle inspection activities at the inspection unit as soon as the decision takes effect.

3. An inspector whose inspector’s certificate is revoked may only be assessed for re-grant of his/her certificate after 36 months from the date of revocation. In case his/her certificate is revoked under Clause 6, Article 18 of this Decree, the inspector will be re-assessed for grant of an inspector’s certificate when he/she so requests.

18. To amend and supplement Article 20 as follows:

“Article 20. Professional staff

1. Possessing an intermediate or higher degree.

2. Having been trained in inspection operations under regulations of the Ministry of Transport.”.

19. To amend and supplement Article 24 as follows:

“Article 24. Conditions for inspection unit leaders assigned to sign inspection certificates

1. Being appointed in accordance with law and held responsible for motor vehicle inspection activities at their units.

2. Being senior motor vehicle inspectors or having been worked as inspectors for at least 36 months.

20. To amend and supplement Clause 2, Article 25 as follows:

“2. To maintain the conditions on physical foundations, organizational structure and human resources under this Decree; to ensure that inspection equipment and tools normally work; to comply with regulations on inspection and calibration of inspection equipment and tools in accordance with the measurement law. In the course of inspection, inspection units shall comply with the laws on environmental protection, occupational safety and health, and fire prevention and fighting.”.

21. To add Clause 7 to Article 25 as follows:

“7. To manage and issue inspection seals and certificates of all kinds in accordance with law.”.

22. To amend and supplement Article 27 as follows:

“Article 27. Organization of implementation

1. Responsibilities of the Ministry of Transport:

a/ To perform the unified state management of motor vehicle inspection and organize the implementation of this Decree;

b/ To promulgate legal documents detailing the implementation of this Decree;

c/ To promulgate national technical regulations on motor vehicle inspection units;

d/ To inspect, examine and handle violations in accordance with law;

dd/ To coordinate with the Ministry of Public Security and Ministry of National Defense in implementing Clause 3, Article 4 of this Decree;

e/ To assume the prime responsibility for formulating and reach agreement with the Ministry of Finance before promulgating regulations on motor vehicle inspection service prices in accordance with the law on prices.

2. Responsibilities of the Ministry of Finance:

To coordinate with the Ministry of Transport in promulgating regulations on motor vehicle inspection service prices in accordance with the law on prices.

3. Responsibilities of the Ministry of Science and Technology:

a/ To promulgate according to its competence legal documents on measurement for measuring devices used in motor vehicle inspection activities;

b/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, organizing inspection, examination and calibration of measuring devices used in motor vehicle inspection activities in accordance with the measurement law.

4. Responsibilities of provincial-level People’s Committees:

a/ To coordinate with the Ministry of Transport in organizing the implementation of this Decree;

b/ To direct provincial-level Transport Departments and local authorities in performing the state management of the provision of motor vehicle inspection services in their localities; to strictly control the establishment of inspection units in accordance with law and this Decree.

5. Responsibilities of the Vietnam Register:

a/ To inspect the provision of motor vehicle inspection services nationwide; to handle or propose the handling of violations according to its competence;

b/ To develop and manage, and guide uniform use of, inspection management software, inspection database, data transmission, management of data on inspected motor vehicles, and database on inspectors nationwide; to connect and share data on inspected motor vehicles with functional agencies for coordination in state management; to give warnings about violating vehicles on the Inspection Management Program at the request of functional agencies;

c/ To compile documents and organize professional training for inspectors and professional staff at the request of motor vehicle inspection units, organizations and individuals; to disseminate legal documents, update and add inspection activities; to guide provincial-level Transport Departments on management and inspection of motor vehicles;

d/ To post on its website the list of inspection units that are granted certificates of eligibility for motor vehicle inspection, those suspended from operation, and those having their certificates of eligibility for motor vehicle inspection revoked;

dd/ To continue performing the tasks specified in Articles 8 and 9 of this Decree when provincial-level Transport Departments remain unable to perform such tasks and request the Vietnam Register in writing to do so;

e/ To hand over dossiers for grant of certificates of eligibility for motor vehicle inspection (copies certified by the Vietnam Register or e-copies) to provincial-level Transport Departments for storage and management according to their competence.

6. Responsibilities of provincial-level Transport Departments:

a/ To manage motor vehicle inspection activities; to inspect, examine and handle violations in the implementation of this Decree’s provisions on provision of motor vehicle inspection services and other relevant regulations in their localities;

b/ To grant, re-grant, suspend and revoke certificates of eligibility for motor vehicle inspection; to inspect and evaluate the maintenance of conditions on physical foundations, human resources and inspection activities;

c/ To notify (in writing or via the network) results of the implementation of Points a and b of this Article to the Vietnam Register;

d/ Post on their websites lists of inspection units that are granted certificates of eligibility for motor vehicle inspection, those that are suspended from operation, and those whose certificates of eligibility for motor vehicle inspection are revoked; the list of inspectors and professional staff under their management.

7. Responsibilities of organizations establishing inspection units:

a/ To take responsibility for the lawfulness of dossiers of application for certificates of eligibility for motor vehicle inspection;

b/ To notify provincial-level Transport Departments before building inspection units.

c/ Not to interfere in motor vehicle inspection activities of affiliated inspection units in order to act in contravention of law;

d/ To take joint responsibility in case inspection units fail to comply with this Decree and relevant regulations.

8. Responsibilities of inspection units:

a/ To comply with this Decree’s provisions and relevant regulations on conditions for provision of motor vehicle inspection services and motor vehicle inspection activities; to ensure that measuring devices normally work; to comply with regulations on examination, inspection and calibration of measuring devices in accordance with the measurement law;

b/ To coordinate with competent state agencies in performing tasks related to the evaluation of motor vehicles’ technical state and satisfaction of environmental protection requirements.

c/ To carry out normal inspection activities at least 8 hours a day and 5 days a week; to publicly notify inspection time at their offices;

d/ To fully hand over stored dossiers of motor vehicles under guidance of provincial-level Transport Departments when being dissolved or having their certificates of eligibility for motor vehicle inspection revoked.

dd/ To submit to examination and inspection by competent agencies of conditions for provision of motor vehicle inspection services;

e/ To send qualified inspectors to attend training courses on updating and addition of motor vehicle inspection operations upon occurrence of a change in relevant standards, technical regulations and regulations and technical and scientific advances in motor vehicle inspection activities;

g/ To manage and supervise inspection activities at inspection units, take total responsibility for violations or negative acts occurring at their units;

h/ To notify the occurrence of changes in their inspectors which affect their operation to provincial-level Transport Departments and the Vietnam Register;

i/ To refuse to carry out inspection for cases of non-compliance with decisions on sanctioning of administrative violations in the field of road traffic; cases in which the time limit for settlement of violations recorded in administrative violation minutes or notices of persons competent to sanction violations has expired but vehicle owners or violators fail to show up at offices of competent persons for settlement and handling; and cases in which violators are warned on the Inspection Management Program. Inspection shall be carried out under regulations only after vehicle owners and violators fulfill the above obligations.”.

Article 2. To annul a number of clauses and articles; replace phrases; and replace and add a number of appendices to Decree No. 139/2018/ND-CP

1. To annul Clause 2, Article 2; Clause 5, Article 11; Articles 17, 21, 22, 23 and 26 of Decree No. 139/2018/ND-CP.

2. To replace the phrase “inspector’s certification” referred to in Clauses 1 and 2, Article 14; Clause 1, Points a and b of Clause 2, Clause 3 and the title of Article 15; Clause 2 and the title of Article 16; Clause 2 and the title of Article 18 of Decree No. 139/2018/ND-CP and Appendices III, IV and V to Decree No. 139/2018/ND-CP with the phrase “inspector’s certificate”.

3. To replace Appendices I, II and III to Decree No. 139/2018/ND-CP with Appendices I, II and IV to this Decree, respectively.

4. To add Appendices VI, VII and VIII to Decree No. 139/2018/ND-CP as Appendices III, V and VI to this Decree.

Article 3. Implementation provisions

1. This Decree takes effect on June 8, 2023.

2. Transitional provisions

a/ Certificates of eligibility for motor vehicle inspection granted before the effective date of this Decree continue to be valid and subject to the conditions specified in this Decree; inspector’s certifications granted before the effective date of this Decree continue to be valid until their expiration.

b/ From the effective date of this Decree, those who are working as intern inspectors shall comply with the provisions on internship duration at Point b, Clause 13, Article 1 of this Decree;

c/ The Vietnam Register will no longer grant training certificates for inspection service staff from the effective date of this Decree;

d/ Dossiers of application for certificates of eligibility for motor vehicle inspection submitted to the Vietnam Register before the effective date of this Decree must comply with Decree No. 139/2018/ND-CP;

dd/ From the effective date of this Decree, provincial-level Transport Departments that have not yet fully performed the tasks specified in Clauses 8 and 9, Article 1 of this Decree shall send written requests to the Vietnam Register for further performance. From January 1, 2026, provincial-level Transport Departments shall grant or re-grant certificates of eligibility for motor vehicle inspection under Clauses 8 and 9, Article 1 of this Decree;

e/ Inspection units may continue to apply current motor vehicle inspection service price brackets until the issuance of new ones;

g/ In case the legal documents referred to in this Decree are amended, supplemented or replaced, the amending, supplementing or replacing documents shall prevail.

3. 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


[1] Công Báo Nos 781-782 (26/6/2023)

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