Circular 08/2023/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

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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) and the Minister of Transport's Circular No. 02/2023/TT-BGTVT dated March 21, 2023, amending and supplementing a number of articles of the Minister of Transport's Circular No. 16/2021/TT-BGTVT dated August 12, 2021 (hereinafter referred to as Circular No. 02/2023/TT-BGTVT)

1. To add Clause 13 Article 3 of Circular No. 16/2021/TT-BTC as follows:

“13. Exemption from initial inspection means the inspection center based on the factory quality inspection note for manufactured or assembled motor vehicles, or inspection certificate of compliance with technical safety and environmental protection requirements for imported motor vehicles, or notice of exemption from technical safety and environmental protection inspection for imported motor vehicles, and relevant papers as prescribed in this Circular for the preparation of vehicle dossiers, management and archival according to regulations and issuance of inspection certificates and inspection stickers without having to carry out the inspection and assessment of vehicles.”.

2. To amend and supplement Clause 5 Article 7 of Circular No. 16/2021/TT-BGTVT as follows:

“5. For a motor vehicle that is re-inspected on the same working day as the previous inspection by the same inspection center, the inspection center shall only conduct re-inspection for failed items. Particularly for items relating to brake or drive system, if one item fails the inspection, the whole items of the corresponding drive or brake system shall be re-inspected. In case where the vehicle is re-inspected on another day, or by another inspection center, all items shall be re-inspected.”

3. To amend and supplement Point d Clause 1 Article 8 of Circular No. 16/2021/TT-BGTVT (amended and supplemented under Point a Clause 3 Article 1 of Circular No. 02/2023/TT-BGTVT) as follows:

“d) For motor vehicles exempted from initial inspection, the inspection centers shall, based on the dossiers provided by the vehicle owners, inspect the completeness and validity under Clause 1 Article 6 of this Circular, check the vehicle information on the Vietnam Register's website. In case the motor vehicle has not yet been issued with an inspection certificate and inspection sticker for the first time, the registration center shall issue an inspection certificate and inspection sticker and update the data with the content “the vehicle has been granted the initial inspection exemption” on the Vietnam Register's website.  In case where the motor vehicle has been granted with the initial inspection certificate and inspection sticker, the inspection certificate and inspection sticker shall not be issued.

In case a motor vehicle, that is exempted from initial inspection, has only an appointment letter for the issuance of the vehicle registration certificate, the registration center shall issue an initial inspection sticker and concurrently issue an appointment letter to return the inspection certificate to the vehicle owner according to the form specified in Appendix VII to this Circular.  When the vehicle owner presents the 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), the registration center shall make a copy of the registration certificate or 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 to be kept in the vehicle and inspection dossiers, and return the inspection certificate. In case where the motor vehicle has been granted with the initial inspection certificate and inspection sticker, the inspection certificate and inspection sticker shall not be issued.

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 photograph of such motor vehicles for archiving (the time may be displayed on the photos) as follows: 02 overall photos clearly showing the number 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); photo of the vehicle's chassis number; 02 photos of the undercarriage (01 photo taken from the front of the vehicle, 01 photo taken from the back of the vehicle), except for vehicles carrying people with up to 9 seats.”.

4. To amend and supplement Point a Clause 1 Article 9 of Circular No. 16/2021/TT-BGTVT (amended and supplemented under Point b Clause 4 Article 1 of Circular No. 02/2023/TT-BGTVT); to amend and supplement Clause 6 Article 9 of Circular No. 16/2021/TT-BGTVT as follows:

a) To amend and supplement Point a Clause 1 Article 9 of Circular No. 16/2021/TT-BGTVT (amended and supplemented under Point b Clause 4 Article 1 of Circular No. 02/2023/TT-BGTVT) as follows:

“a) The inspection certificate and inspection sticker granted to a motor vehicle must have a same serial number, be printed from the Inspection Management Program, on the blank certificate issued by the Vietnam Register, with content consistent to the vehicle dossier and data on the Inspection Management Program. For motor vehicles with a yellow background plate, black letters and numbers, and its number plate series uses one of the letters A, B, C, D, E, F, G, H, K, L, M, N, P, S, T, U, V, X, Y, Z, it shall be granted with the inspection certificate and inspection sticker applicable to commercial motor vehicles. For other cases, the inspection certificates and inspection stickers shall be granted according to the vehicle owners’ declarations.”.

b) To amend and supplement Clause 6 Article 9 of Circular No. 16/2021/TT-BGTVT as follows:

“6. If the registration center detects that the inspection certificate or inspection sticker is forged, modified or erased, it shall make a record to revoke such inspection certificate or inspection sticker according to the form specified in Appendix XXI to this Circular, and transfer it to the police office for handling according to law provisions, concurrently, report to the Vietnam Register and update violations on the Vietnam Register's website.”.

5. To amend and supplement Clause 1 Article 13 of Circular No. 16/2021/TT-BGTVT as follows:

“1. During the period between two inspection intervals, the vehicle owner must maintain and repair the vehicle to ensure the maintenance of the technical condition of the vehicle, and take responsibility in accordance with the law for the act of bringing the vehicle to the vehicle failing to meet technical safety and environmental protection standards when participating in road traffic.”.

6. To add Clause 6 Article 14 of Circular No. 16/2021/TT-BGTVT as follows:

“6. Organize the search for information confirming the validity period of the inspection certificates and inspection stickers according to the form specified in Appendix XX to this Circular; provide an account to look up information confirming the validity period of the inspection certificates and inspection stickers on the Vietnam Register’s website for the functional forces to serve the patrol work, control, handle violations and settle cases related to road motor vehicles”.

7. To amend and supplement Clauses 9, 11 and add Clause 19 Article 16 of Circular No. 16/2021/TT-BGTVT as follows:

a) To amend and supplement Clause 9 Article 16 of Circular No. 16/2021/TT-BGTVT as follows:

“9. Use the inspection and initial inspection exemption management software, and software controlling devices announced by the Vietnam Register.”.

b) To amend and supplement Clause 11 Article 16 of Circular No. 16/2021/TT-BGTVT as follows:

“11. Receive the registration for inspection directly or via telephone, website, or online registration applications for motor vehicles.”.

c) To add Clause 19 Article 16 of Circular No. 16/2021/TT-BGTVT as follows:

“19. Warn in case the vehicle fails to pass the inspection, the cases specified in Clause 6 Article 9 of this Circular, and remove the warning in case the vehicle has been re-inspected and met the requirements on Vietnam Register's website.”.

Article 2. Repealing a number of clauses, and replacing a number of Appendices to Circular No. 16/2021/TT-BGTVT and Circular No. 02/2023/TT-BGTVT

1. To replace Appendices I, II, III, VI, XI to Circular No. 16/2021/TT-BGTVT (replaced with Appendices I, II, III, IV, and V of Circular No. 02/2023/TT-BGTVT) with Appendices I, II, III, IV, and V to this Circular.

2. To add Appendices XX and XXI to Circular No. 16/2021/TT-BGTVT dated April 27, 2015 in correspondence to Appendices VI and VII to this Circular.

3. To repeal Clause 2 Article 3 of Circular No. 02/2023/TT-BGTVT.

Article 3. Effect and implementation organization

1. This Circular takes effect from June 3, 2023.

2. Transitional provisions

a) 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, except for the cases specified at Point b of this Clause;

b) In case the inspection certificate and inspection sticker of a 9-seater non-commercial automobile (with the age of up to 7 years, and the age ranging from 13 years to 20 years) have been granted before March 22, 2023 and remains valid before July 1, 2024, they shall continue to be used until the expiry of the validity period calculated according to the inspection intervals specified in Appendix V of this Circular. The validity period of the inspection certificate and inspection sticker shall be confirmed by the Vietnam Register according to the form specified in Appendix VI to this Circular (an electronic version shall be digitally signed by the Vietnam Register, have a QR code and be connected with the Vietnam Register's website). The vehicle owners shall look up on the Vietnam Register's website (https://giahanxcg.vr.org.vn), print the confirmation of the validity period of the inspection certificate and inspection sticker. This confirmation is an attached document that is inseparable from the granted inspection certificate for the participation in road traffic according to regulations;

c) The provisions of Point b of this Clause do not apply to the cases of which the inspection certificates and inspection stickers expire before the effective date of this Circular.

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./.

* All Appendices are not translated herein.