Decree No. 139/2018/ND-CP requirements for motor vehicle inspection service business

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Decree No. 139/2018/ND-CP dated October 08, 2018 of the Government on requirements for motor vehicle inspection service business
Issuing body: Government Effective date:
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Official number: 139/2018/ND-CP Signer: Nguyen Xuan Phuc
Type: Decree Expiry date: Updating
Issuing date: 08/10/2018 Effect status:
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Fields: Commerce - Advertising , Transport

SUMMARY

Each inspector shall takes charge of no more than 20 vehicles/day

From January 01, 2019, requirements for motor vehicle inspection service business shall follow the Decree No. 139/2018/ND-CP of the Government.

According to the Decree, the number of motor vehicles to be eligible for issue of inspection certificates in a day (within eight working hours) should meet simultaneously following requirements:

- No more than 20 vehicles/day if each inspector takes charge of one vehicle; no more than 20 times the number of inspectors/day (number of inspector multiplying by 20) if more than one inspector takes charge of one vehicle;

- No more than 90 vehicles for one type I inspection line and no more than 70 vehicles for one type II inspection line. If the type II inspection line is only used to inspect a motor vehicle with weight distributed on each single axis up to 2,000 kg, the number of vehicles for inspection is the same as the type I inspection line.

This Decree also states that the motor vehicle inspection services must satisfy a number of requirements for personnel such as each inspection line must have at least three inspectors at least one of whom is high-class inspector, have inspection line captain and each captain shall take charge of two inspection lines at a maximum, have the head and professional staff of the registration unit meets requirements prescribed by laws…

This Decree is issued on October 08, 2018 and takes effect on January 01, 2019. 

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Effect status: Known

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 139/2018/ND-CP

 

Hanoi, October, 8, 2018

 

DECREE

Prescribing the provision of motor vehicle inspection services[1]  

 

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the November 26, 2014 Law on Enterprises;

Pursuant to the November 26, 2014 Investment Law and the November 22, 2016 Law Amending and Supplementing Article 6 of, and Appendix 4 on the List of Sectors and Trades Subject to Conditional Business Investment to, the Investment Law;

At the proposal of the Minister of Transport;

The Government promulgates the Decree prescribing the provision of motor vehicle inspection services.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes conditions for provision of the services of inspection of automobiles, trailers or semi-trailers towed by automobiles and similar vehicles (below referred collectively to as motor vehicles); and the management, provision, and grant of certificates of eligibility for provision of motor vehicle inspection services.

Article 2. Subjects of application

1. This Decree applies to agencies, organizations and individuals engaged in the management and provision of motor vehicle inspection services.

2. This Decree does not apply to agencies, organizations and individuals conducting inspection of motor vehicles of the army and public security force which are used for national defense or public security purposes.

Article 3. Interpretation of terms

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

1. Inspection of motor vehicles (below referred to as inspection) means the initial inspection and periodical inspection of motor vehicles’ compliance with quality, technical safety and environmental protection requirements.

2. Certificate of quality, technical safety and environmental protection inspection of motor vehicle (below referred to as certificate of inspection) means a document certifying that a motor vehicle has been inspected and satisfies standards and complies with technical regulations and regulations on quality, technical safety and environmental protection.

3. Motor vehicle inspection center (below referred to as inspection center) means a lawfully established organization providing the public service of inspecting motor vehicles and granting certificates of inspection.

4. Certificate of eligibility for provision of motor vehicle inspection services means a document certifying an inspection center’s eligibility to conduct motor vehicle inspection.

5. Inspector means a person who possesses sufficient professional qualifications and skills and an inspector’s certificate to conduct part or the whole of the motor vehicle inspection. Inspectors are divided into 2 grades: motor vehicle inspector and senior motor vehicle inspector.

6. Inspection service staff member means a person who possesses sufficient professional qualifications and skills and a service staff member’s certificate to perform the jobs of receiving, returning and filing dossiers, inputting data, looking up, checking and collating dossiers of to-be-inspected motor vehicles, and printing out certificates of inspection.

7. Inspection line manager means a person who possesses sufficient professional qualifications, skills and experience in motor vehicle inspection to ensure that the inspection of motor vehicles on the inspection line complies with relevant regulations, processes, standards, technical regulations and instructions.

8. Inspection facility means an area where inspection stands, inspection equipment, auxiliary equipment and inspection tools are installed and arranged.

9. Inspection line means the place where inspection stands are arranged and inspection equipment is installed. Inspection lines are classified into two types:

a/ Class-I inspection line is a line capable of inspecting motor vehicles with a single axle weight of up to 2,000 kg.

b/ Class-II inspection line is a line capable of inspecting motor vehicles with a single axle weight of up to 13,000 kg

Article 4. Principles of provision of motor vehicle inspection services

1. Only organizations possessing a certificate of eligibility for provision of motor vehicle inspection services may conduct motor vehicle inspection.

2. Organizations providing motor vehicle inspection services must be legally and financially independent from organizations and individuals dealing in automobile transport or motor vehicle maintenance and repair. The legal and financial independence is construed as follows:

a/ Not being directly managed by the same agency or organization;

b/ Organizations and individuals dealing in automobile transport or motor vehicle maintenance and repair do not hold more than 10% of shares of or contribute more than 10 % of capital to organizations providing motor vehicle inspection services.

 

Chapter II

CONDITIONS FOR GRANT OF CERTIFICATES OF ELIGIBILITY FOR PROVISION OF MOTOR VEHICLE INSPECTION SERVICES

Article 5. General conditions

Organizations that satisfy the conditions on physical foundations, inspection lines and human resources prescribed in this Decree and national technical regulations on inspection centers promulgated by the Ministry of Transport shall be granted certificates of eligibility for provision of motor vehicle inspection services.

Article 6. Conditions on physical foundations and inspection lines

1. The floor space where an inspection center arranges equipment serving the inspection of motor vehicles must lie within a single land plot and have an area as follows:

a/ For inspection centers having one class-I inspection line each, the floor space for inspection activities must be at least 1,250 m2;

b/ For inspection centers having one class-II inspection line each, the floor space for inspection activities must be at least 1,500 m2;

c/ For inspection centers having two inspection lines each, the floor space for inspection activities must be at least 2,500 m2;

d/ For inspection centers having three or more inspection lines each, the floor space for inspection activities will increase by at least 625 m2 for each inspection line from the 3rd line on.

2. Inspection facilities

a/ For an inspection facility with one class-I inspection line: The minimum clearance dimension (length x width x height) is 30 x 4 x 3.5 (meters);

b/ For an inspection facility with one class-II inspection line: The minimum clearance dimension (length x width x height) is 36 x 5 x 4.5 (meters);

c/ For an inspection facility with several inspection lines arranged side by side, the center-to-center distance between 2 inspection lines must be at least 4 meters and the distance from the center of the outermost inspection line to the inner side of the nearest wall of the inspection facility must be at least 2.5 meters;

d/ In case inspection lines are arranged at different inspection facilities, the total length of these inspection facilities must be at least equal to the length prescribed for such class of inspection line at Point a or b of this Clause.

3. Inspection lines must be equipped and fitted with inspection equipment and tools conformable to national technical regulations promulgated by the Ministry of Transport so as to enable the inspection of all systems, assemblies and components of motor vehicles, thus ensuring their quality, technical safety and environmental protection in accordance with the Law on Road Traffic

Article 7. Conditions on employees

An inspection center must:

1. Have at least 3 inspectors, including 1 senior inspector, for each inspection line.

2. Have inspection line managers each taking charge of at most 2 inspection lines.

3. Have managers and service staffs meeting the requirements prescribed in this Decree.

 

Chapter III

GRANT OF CERTIFICATES OF ELIGIBILITY FOR PROVISION OF MOTOR VEHICLE INSPECTION SERVICES, SUSPENSION FROM PROVISION OF MOTOR VEHICLE INSPECTION SERVICES, AND REVOCATION OF CERTIFICATES OF ELIGIBILITY FOR PROVISION OF MOTOR VEHICLE INSPECTION SERVICES

Article 8. Procedures for grant of certificates of eligibility for provision of motor vehicle inspection services

1. After completing the construction and installation of physical and technical foundations of its inspection center, an organization establishing the inspection center shall send to the Vietnam Register 1 set of dossier of application for a certificate of eligibility for provision of motor vehicle inspection services, comprising:

a/ An application for inspection and grant of a certificate of eligibility for provision of motor vehicle inspection services;

b/ A list of inspectors, inspection service staff members, inspection line managers and managers of the inspection center, enclosed with their resumes and certified copies of valid labor contracts or recruitment decisions, for inspectors and inspection service staff members; appointment decisions, for inspection line managers; and appointment decisions (if any), for managers of inspection centers;

c/ A checklist for compliance with regulations on physical foundations and inspection lines under national technical regulations;

d/ The overall layout plan and layout plan of facilities where inspection lines and equipment are arranged;

dd/ Documents on assurance of occupational safety and fire prevention and fighting in accordance with law.

2. Order and procedures for grant of a certificate of eligibility for provision of motor vehicle inspection services

a/ Within 3 working days, if the submitted dossier is complete and valid as prescribed, the Vietnam Register shall notify the organization establishing the inspection center of the time of on-site inspection and assessment at the inspection center. In case the dossier is incomplete or invalid, the Vietnam Register shall send a written notice clearly stating the reason to the organization;

b/ The Vietnam Register shall conduct the on-site inspection and assessment at the inspection center within 5 working days after the date of issuance of the notice of inspection. The assessment result shall be recorded in a minutes made according to the form provided in Appendix I to this Decree. If the inspection result is satisfactory, the Vietnam Register shall grant a certificate of eligibility for provision of motor vehicle inspection services within 5 working days; if the inspection result is unsatisfactory, the Vietnam Register shall issue a written notice within 5 working days for the organization to remedy before conducting re-inspection and assessment.

3. The dossier receipt and result notification may be conducted in person at the Vietnam Register or by postal service or another appropriate means. The composition of dossiers must satisfy the requirements for each mode of dossier submission prescribed in Clause 1 of this Article.

4. A certificate of eligibility for provision of motor vehicle inspection services shall be made according to the form provided in Appendix II to this Decree.

Article 9. Procedures for re-grant of certificates of eligibility for provision of motor vehicle inspection services

1. For inspection centers whose certificates of eligibility for provision of motor vehicle inspection services have been revoked, the procedures for re-grant of such certificates are the same for the first-time application prescribed in Article 8 of this Decree.

2. In case its certificate of eligibility for provision of motor vehicle inspection services is lost or torn, an inspection center shall send a written request for re-grant to the Vietnam Register. The Vietnam Register shall base itself on the archived dossier to re-grant the certificate within 5 working days after receiving the request, clearly inscribing in the certificate that it is a re-granted certificate and that the lost or damaged certificate is invalidated.

3. Upon occurrence of a change in the location, floor space, inspection facility(ies) or arrangement of inspection lines compared to the declared contents in the dossier of application for a certificate of eligibility for provision of motor vehicle inspection services based on which a certificate has been granted or of a change in inspection equipment, thus affecting the number of inspection lines permitted for operation, an inspection center shall notify such to the Vietnam Register (enclosed with a checklist for compliance with regulations on physical foundations and inspection lines under national technical regulations). Within 5 working days after receiving the notice, the Vietnam Register shall conduct inspection and assessment of the changed items. If the result is satisfactory, it shall issue a certificate of eligibility for provision of motor vehicle inspection services within 5 working days; if the result is unsatisfactory, it shall send a written notice to the inspection center for the latter to remedy before conducting re-inspection and assessment.

4. Upon occurrence of a change in its staff, affecting the number of inspection lines permitted for operation, an inspection center shall notify such to the Vietnam Register. The Vietnam Register shall base itself on the archived dossier to re-grant a certificate of eligibility for provision of motor vehicle inspection services within 5 working days after receiving a notice.

Article 10. Suspension from provision of motor vehicle inspection services for a definite period

1. An inspection center may have its inspection lines suspended from operation one after another for between 1 month and 3 months in one of the following cases:

a/ Failing to meet one of the conditions, requirements and regulations of this Decree or the national technical regulations on inspection centers;

b/ Having its inspectors suspended from practice twice in 12 consecutive months;

c/ Designating inspectors to conduct inspection at variance with the contents of their certificates.

2. An inspection center shall be suspended from provision of all motor vehicle inspection services for between 1 month and 3 months in one of the following cases:

a/ Conducting inspection and issuing certificates of inspection to motor vehicles in contravention of standards, technical regulations or regulations or ultra vires;

b/ Having its inspectors suspended from practice three or more times or two or more inspectors having their inspector’s certificates revoked in 12 consecutive months;

c/ Having its inspection line(s) suspended from operation twice or more in 12 consecutive months;

d/ Conducting inspection with broken inspection equipment which cannot ensure precision, or with inspection equipment which has not yet been inspected and assessed under regulations.

3. Depending on the nature and severity of their violations, inspection centers shall also be administratively sanctioned in accordance with law.

Article 11. Revocation of certificates of eligibility for provision of motor vehicle inspection services

An inspection center may have its certificate of eligibility for provision of motor vehicle inspection services revoked in one of the following cases:

1. The certificate is granted based on fraudulent or falsified papers or documents.

2. The certificate is intentionally erased or falsified.

3. The inspection center stops providing motor vehicle inspection servicces for more than 12 consecutive months.

4. The inspection center is suspended from provision of all motor vehicle inspection services more than twice in 12 consecutive months.

5.  The inspection center has its inspectors suspended from practice five or more times or 3 or more inspectors having their inspector’s certificates revoked in 12 consecutive months.

6. The inspection center is dissolved.

Article 12. Order of suspension from operation and revocation of certificates of eligibility for provision of motor vehicle inspection services

1.  The Vietnam Register shall issue decisions on operation suspection or revocation of certificates of eligibility for provision of motor vehicle inspection services, notify such to related agencies for coordinated implementation, and post these decisions on its website.

2. Inspection centers shall return their certificates of eligibility for provision of motor vehicle inspection services to the Vietnam Register (for those subject to revocation of certificates) and stop providing vehicle inspection services right after the revocation decisions take effect.

3. Inspection centers having their certificates of eligibility for provision of motor vehicle inspection services revoked may be considered for re-grant of certificates after 36 months from the date of revocation.

4. After an inspection center is suspended from operation or has its certificate of eligibility for motor vehicle inspection services revoked, the inspection center’s managers and inspectors who perform the inspection shall still be held responsible before law for  inspection results which remain valid.

5. After an inspection center is suspended from operation or has its certificate of eligibility for motor vehicle inspection revoked, related organizations and individuals shall still discharge other obligations and responsibilities in accordance with law.

Article 13. Procedures for halting the provision of motor vehicle inspection services

1. In case of suddenly halting operation for 1 or more than 1 day in a row, an inspection center shall notify such to the provincial-level Transport Department and the Vietnam Register, clearly stating the reason and remediation plan; post up an announcement at the inspection center’s waiting room for vehicle owners to know and maintain the operation of the section in charge of inspection dossier-related matters.

2. In case an inspection center wishes to halt operation for up to 12 consecutive months:

a/ The inspection center shall make and send a written report to the provincial-level Transport Department and the Vietnam Register, clearly stating the reason and time of halting operation at least 30 days in advance and, at the same time, post up an announcement at the inspection center’s waiting room and in the mass media for vehicle owners to know;

b/ The inspection center shall maintain the operation of the section in charge of inspection dossier-related matters.

3. In case an inspection center wishes to halt operation for more than 12 consecutive months:

a/ The inspection center shall make and send a written report to the provincial-level Transport Department and the Vietnam Register, clearly stating the reason and time of halting operation at least 30 days in advance and, at the same time, post up an announcement at the inspection center’s waiting room and in the mass media for vehicle owners to know;

b/ The inspection center shall return its certificate of eligibility for provision of motor vehicle inspection services;

c/ The inspection center shall transfer all dossers of motor vehicles under its management to another inspection center under the guidance of the Vietnam Register.

 

Chapter IV

MANAGEMENT AND OPERATION OF INSPECTION CENTERS

Article 14. Inspectors

1. Conditions for grant of motor vehicle inspector’s certificates

a/ Professional qualifications: Having graduated from a technical engineering university with the training program covering automobile theory, automobile design, automobile structure and computation, automobile maintenance, internal combustion engines, and automobile electric systems or equivalent contents. Those who have not yet been trained in these above-said subjects may take additional courses on these subjects at universities;

b/ Having worked as an intern inspector for at least 12 months under regulations of the Ministry of Transport;

c/ Being evaluated as satisfying professional requirements applicable to motor vehicle inspectors under regulations of the Ministry of Transport. Evaluation results shall be recorded in a minutes made according to the form provided in Appendix IV to this Decree;

d/ Having a valid driver’s license.

2. Conditions for grant of senior inspector’s certificates

a/ Professional qualifications: Having graduated from a technical engineering university with the training program covering automobile theory, automobile design, automobile structure and computation, automobile maintenance, internal combustion engines, and automobile electric systems or equivalent contents;

b/ Having at least 36 months’ experience of working as motor vehicle inspector;

c/ Being evaluated as satisfying professional requirements applicable to motor vehicle inspectors according to regulations of the Ministry of Transport. Evaluation results shall be recorded in a minutes made according to the form provided in Appendix IV to this Decree.

Article 15. Procedures for grant of inspector’s certificates

1. Those who meet the conditions prescribed in Article 14 of this Decree may request the Vietnam Register to grant an inspector’s certificate. A dossier of application for an inspector’s certificate must comprise:

a/ An application for an inspector’s certificate;

b/ A curriculum vitae made according to the form provided in Appendix III to this Decree (for cases of requesting grant of inspector’s certificates for the first time or requesting re-grant of inspector’s certificates after having such certificates revoked);

c/ Duplicates or certified copies or copies enclosed with the original for comparison of the university degree and transcript;

d/ A document certifying the period of working as an intern inspector, made by the inspection center (for motor vehicle inspectors);

dd/ An ID-styled 4cm x 6cm color photo, taken within last 6 months.

2. Order and procedures for grant of certificates

a/ The concerned organization or individual shall prepare a complete dossier according to Clause 1 of this Article and submit it to the Vietnam Register. For motor vehicle inspectors, the dossier shall be submitted within 12 months after the period of working as an intern inspector expires;

b/ The Vietnam Register shall check the dossier within 3 working days after receiving it. If all requirements are met, it shall notify the organization or individual of the time of practical evaluation of professional practice on inspection lines and theoretical evaluation of knowledge about standards, technical regulations and regulations; if the dossier is unsatisfactory, the Vietnam Register shall issue a written reply clearly stating the reason;

c/ The Vietnam Register shall evaluate the applicant’s satisfaction of professional requirements applicable to inspectors and evaluation results shall be recorded in a minutes of evaluation of the inspector, made according to the form provided in Appendix IV to this Decree; if the evaluation result is satisfactory, the Vietnam Register shall grant an inspector’s certificate within 5 working days from the date of evaluation. If the evaluation result is unsatisfactory, the evaluated organization or individual may request the Vietnam Register to conduct re-evaluation after 1 month from the date of evaluation;

d/ The receipt of dossiers and return of results shall be conducted in person or by post or another appropriate means.

3. The inspector’s certificate is valid for 36 months from the date of grant and shall be made according to the form provided in Appendix V to this Decree.

Article 16. Procedures for re-grant of inspector’s certificates

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

Within 5 working days after receiving the request, the Vietnam Register shall evaluate the inspector’s professional qualifications at the inspection center where the inspector is working. If the evaluation result is satisfactory, the Vietnam Register shall grant an inspector’s certificate within 3 working days from the date of evaluation. If the evaluation result is unsatisfactory, the Vietnam Register shall write the reason in the minutes of evaluation of the inspector; the inspection center or inspector may request the Vietnam Register to conduct re-evaluation after 1 month from the date of evaluation.

2. In case his/her inspector’s certificate is lost or damaged, an inspector shall send to the Vietnam Register a request for re-grant of the certificate. The Vietnam Register shall base itself on the archived dossier to re-grant the certificate within 5 working days after receiving the request, clearly stating in the certificate that it is a re-granted certificate and that the lost or damaged certificate is invalidated. The validity duration of the re-granted inspector’s certificate must not exceed that of the original certificate.

Article 17. Suspension of inspectors’ activities

An inspector may be suspended from inspection activities for between 1 month and 3 months in the following cases:

1. He/she falsifies inspection results;

2. He/she fails to comply with inspection regulations, processes, standards, technical regulations and instructions.

Article 18. Revocation of inspectors’ certificates

An inspector may have his/her inspector’s certificate revoked in the following cases:

1. Violating one of the clauses of Article 17 of this Decree to an extend that leads to serious consequences related to vehicle safety.

2. Falsifying documents so as to be granted an inspector’s certificate.

3. Having been suspended from inspection activities twice in 12 consecutive months.

4. Being convicted under a court’s legally effective judgment.

5. Having his/her civil act capacity lost or restricted.

6. Failing to directly participate in inspection or inspector tutoring or evaluation activities for more than 12 months.

7. Concurrently working for 2 or more inspection centers.

Article 19. Order of suspension from inspection activities and revocation of inspector’s certificates

1. The Vietnam Register shall issue decisions on suspension from inspection activities or revocation of inspector’s certificates and notify thereof to related agencies for coordinated implementation and publish such decisions on its website.

2. Inspectors shall return their inspector’s certificates to the Vietnam Register (for those subject to revocation of inspector’s certificates) and, at the same time, stop participating in motor vehicle inspection at their inspection center right after the decisions take effect.

3. Inspectors whose inspector’s certificates are revoked may be considered for re-grant of motor vehicle inspector’s certificates after 36 months from the date of revocation.

Article 20. Inspection service staff members

1. Possessing an intermediate or higher vocational training degree.

2. Having participated in a training course for inspection service staff members  and been granted a training certificate according to regulations of the Ministry of Transport.

Article 21. Suspension of inspection service staff members’ activities

An inspection service staff member may be suspended from inspection activities for between 1 month and 3 months in one of the following cases:

1. He/she falsifies dossiers of motor vehicle inspection.

2. He/she fails to comply with regulations, processes and instructions related to inspection work.

Article 22. Order of suspending inspection service staff members from participating in inspection activities

1. The Vietnam Register shall issue suspension decisions and notify such to related agencies to coordinated implementation.

2. Inspection service staff members shall stop participating in motor vehicle inspection at their inspection center right after suspension decisions take effect.

Article 23. Inspection line managers

1. Being senior motor vehicle inspectors.

2. Taking responsibility for motor vehicle inspection activities on the inspection lines under their management.

Article 24. Managers of inspection centers

1. Managers of inspection centers are responsible for organizing and administering inspection activities of inspection centers and sign inspection certificates.

2. Managers of inspection centers must be motor vehicle inspectors who have been worked as inspectors for at least 36 months and are appointed in accordance with law.

Article 25. Operation of inspection centers

1. To inspect and issue certificates of inspection to motor vehicles according to regulations, processes, standards, technical regulations and instructions related to inspection work.

2. To maintain the conditions on physical foundations, employees and inspection lines.

3. To collect service prices and other charges and fees related to motor vehicle inspection and other revenues (if any) and perform financial obligations in accordance with law.

4. Within 18 months after obtaining a certificate of eligibility for provision of motor vehicle inspection services, to develop, apply and maintain a quality management system of ISO 9001 standard.

5. To post up at waiting rooms and inspection facilities information on inspection processes and contents; service prices, charge and fee rates; inspection cycle, hotline number of the Vietnam Register and other contents as prescribed.

6. To transmit data and make reports according to regulations.

Article 26. Number of motor vehicles inspected by inspection centers

The number of motor vehicles which are issued certificates of inspection in a day (within 8 working hours) must satisfy all of the following requirements:

1. In case a vehicle is inspected on an inspection line by an inspector, the number of to-be-inspected motor vehicles must not exceed 20; in case a vehicle is inspected on an inspection line by more than one inspector, the number of to-be-inspected motor vehicles must not exceed 20 times the number of inspectors.

2. Not exceeding 90 vehicles per class-I inspection line and not exceeding 70 vehicles per class-II inspection line. For a class-II inspection line which is used only for inspection of motor vehicles with a single axle weight of up to 2,000 kg, the number of to-be-inspected motor vehicles is similar to that of a class-I inspection line.

 

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 27. Organization of implementation

1. The Ministry of Transport shall guide and organize the implementation of this Decree, inspect and examine the implementation and handle violations of this Decree; and promulgate technical regulations on motor vehicle inspection centers.

2. Provincial-level People’s Committees shall direct provincial-level Transport Departments and related local agencies to coordinate with one another in performing the state management of the provision of motor vehicle inspection services by inspection centers in their localities under this Decree.

3. Organizations establishing inspection centers

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

b/ To notify the Vietnam Register before building inspection centers.

4. The Vietnam Register:

a/ To inspect, supervise and perform tasks assigned under this Decree regarding conditions for and management of provision of motor vehicle inspection services, and inspection activities;

b/ Annually, to inspect and evaluate the maintenance of the conditions on physical foundations, employees and inspection lines and inspection activities; to inspect, assess and calibrate inspection equipment at inspection centers;

c/ To develop, manage and guide the use of inspection management software programs and inspection databases nationwide, to connect networks for transmission and management of data on inspected vehicles;

d/ To organize professional training for inspectors and inspection service staff members at the request of motor vehicle inspection centers, individuals and organizations establishing inspection centers; to provide professional training and training in inspection contents and processes under regulations of the Ministry of Transport;

dd/ To handle or propose the handling of violators of the provisions of this Decree according to regulations;

e/ To post on its website the lists of inspection centers that are granted certificates of eligibility for provision of motor vehicle inspection services, inspection centers suspended from provision of motor vehicle inspection services, and inspection centers whose certificates of eligibility for of motor vehicle inspection services are revoked.

5. Inspection centers:

a/ To comply with this Decree and relevant laws on conditions for provision of motor vehicle inspection services and motor vehicle inspection activities; to send inspectors to training courses on motor vehicle inspection operations when there are new standards, technical regulations and laws on and technical and scientific advances in motor vehicle inspection work;

b/ To coordinate with competent state agencies in performing tasks related to traffic safety assurance, evaluation of motor vehicles’ technical state and compliance with environmental protection requirements;

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

d/ To provide inspection services for at least 8 hours a day and 5 days a week; to display information on the time of provision of inspection services at their head offices;

dd/ To transfer archived dossiers of motor vehicles under instructions of the Vietnam Register when they are dissolved or their certificates of eligibility for provision of motor vehicle inspection services are revoked.

 

 

Chapter VI

IMPLEMENTATION PROVISIONS

Article 28. Transitional provisions

1. Certificates of eligibility for provision of motor vehicle services granted before the effective date of this Decree are still valid until the expiration of the validity duration stated therein.

2. Inspector’s certificates granted before the effective date of this Decree are still valid until the expiration of the validity duration stated therein. Those who are working as trainee inspectors shall be granted inspector’s certificates according to regulations applicable at the time their training period starts.

3. From July 1, 2019, motor vehicle inspection centers that have been granted certificates of eligibility for provision of motor vehicle services and inspectors who have been granted inspector’s certificates before July 1, 2016, must satisfy the conditions prescribed in this Decree, except those prescribed in Clauses 1 and 2, Article 6, and at Points a and b, Clause 1, Article 14, of this Decree.

Article 29. Effect and implementation responsibility

1. This Decree takes effect on July 1, 2019, and replaces the Government’s Decree No. 63/2016/ND-CP of July 1, 2016, prescribing conditions for provision of motor vehicle inspection services.

2. 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
Prime Minister
NGUYEN XUAN PHUC

* All appendices to this Decree are not translated.

 


[1] Công Báo Nos 1005-1006 (24/10/2018)

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