Circular 16/2022/TT-BGTVT amend Circulars relating to inspection

CIRCULAR

Amending and supplementing a number of articles of
Circulars relating to inspection

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

Pursuant to the Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004;

Pursuant to the Law on Amending and Supplementing a Number of Articles of Law on Inland Waterway Navigation dated June 17, 2014;

Pursuant to the Law on Product and Goods Quality dated November 21, 2007;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 on functions, tasks, powers and organizational structure of the Ministry of Transport;

At the request of Director of Science and Technology Department and General Director of the Vietnam Register;

The Minister of Transport promulgates Circular amending and supplementing a number of articles of Circulars relating to inspection.

Article 1. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 30/2011/TT-BGTVT dated April 15, 2011, on the technical safety quality and environmental protection inspection in motor vehicle manufacture and assembly (hereinafter referred to as Circular No. 30/2011/TT-BGTVT) and the Minister of Transport’s Circular No. 54/2014/TT-BGTVT dated October 20, 2014, on amending and supplementing a number of articles of the Minister of Transport’s Circular No. 30/2011/TT-BGTVT dated April 15, 2011 on the technical safety quality and environmental protection inspection in motor vehicle manufacture and assembly (hereinafter referred to as Circular No. 54/2014/TT-BGTVT)

1. To amend and supplement Clause 1 Article 4 as follows:

 “a) An original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of written explanation of motor vehicle technical design defined in Section A of Appendix II to this Circular;

b) An original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of technical drawing defined in Section B of Appendix II to this Circular;

c) A copy certified by the designing establishment (in case the dossier is submitted directly or by post) or electronic copy (in case the dossier is submitted via the online public service system) of sheet of technical features and specifications of the chassis, design calculation content-related system.”

2. To amend and supplement Clause 4 Article 5 as follows:

 “4. A designing establishment shall receive the design appraisal results with the following documents:

a) 01 certificate of design appraisal; written explanation of technical design and technical drawing (01 copy, if the designing establishment is the manufacturing establishment or 02 copies - if the designing establishment is not the manufacturing establishment) of the design dossier, in case the establishment receives the results at the Quality management authority’s headquarter or by post.

b) The electronic form of certificate of design appraisal; electronic form of written explanation of technical design and technical drawing of the design dossier, in case the establishment receives the results via the online public service system.”

3. To amend and supplement the first bullet point at Point a, Clause 6, Article 5 as follows:

“- Designing establishments or manufacturing establishments for cases eligible to design the products themselves (hereinafter referred to as designing establishments) shall make and submit a dossier of request for design appraisal as defined to the Vietnam Register directly, by post or via the online public service system.”

4. To amend and supplement Points b, c and d, Clause 6, Article 5 as follows:

a) To amend and supplement Point b, Clause 6, Article 5 as follows:

 “b) Method of implementation: The designing establishment shall submit a dossier of request for design appraisal and receive the results at the Vietnam Register, by post or via the online public service system.”

b) To amend and supplement Point c, Clause 6, Article 5 as follows:

“A dossier of request for design appraisal comprises:

- 01 original or electronic form of written request for design appraisal;

- 01 design dossier defined in Clause 1, Article 4 of this Circular, in case the dossier is submitted via the online public service system. in case the dossier is submitted directly or by post, in addition to 01 design dossier defined in Clause 1, Article 4 of this Circular, 01 set of documents specified at Points a and b, Clause 1, Article 4 of this Circular (or 02 sets of documents applicable to cases where the designing establishment is not the manufacturing establishment) is required.”

c) To amend and supplement Point d Clause 6 Article 5 as follows:

 “d) Time limit for handling: The design appraisal shall be carried out within 08 working days after receiving a complete dossier as specified. In case the design dossier appraisal results is acceptable (the design dossier is satisfactory), the Vietnam Register shall grant a certificate of design appraisal, made using the form specified in Appendix III to this Circular within 03 working days from the date of issuing the satisfactory design dossier appraisal results.”

5. To amend and supplement Article 7 of Circular No. 30/2011/TT-BGTVT, that is amended by Clause 4, Article 1 of Circular No. 54/2014/TT-BGTVT as follows:

 “Article 7. Product inspection dossiers

1. A component inspection dossier (for components subject to testing defined in Appendix IV to this Circular) comprises:

a) A copy certified by the establishment (in case the dossier is submitted directly or by post) or electronic copy (in case the dossier is submitted via the online public service system) of report on component testing results;

b) An copy (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of technical drawing with the product’s specifications; An copy of application form (in case the dossier is submitted directly or by post) or electronic application form (in case the dossier is submitted via the online public service system) of technical specifications according to respective national standards and technical regulations;

c) A photo of the product certified by the establishment (in case the dossier is submitted directly or by post) or e-photo of the product (in case the dossier is submitted via the online public service system); an original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of written explanation of symbols and numbers written on the product (if any);

Documents defined at Points a and b are not required for imported components with a type approval certificate granted by a foreign competent agency, that is attached to a test report showing conformance of imported component type with UNECE (United Nations Economic Commission for Europe) regulations at a version equivalent to or higher than national technical regulation, and the document showing the results of Conformity of Production (COP) at the manufacturer that is still valid in accordance with regulations of ECE, EC, which is performed by a foreign competent agency or any independent appraisal organization recognized by a foreign competent agency.

2. A motor vehicle inspection dossier comprises:

a) A copy certified by the manufacturing establishment (in case the dossier is submitted directly or by post) or electronic copy (in case the dossier is submitted via the online public service system) of report on test results of technical safety quality and environment protection in accordance with current provisions and national technical regulations applicable to motor vehicles;

b) A copy certified by the manufacturing establishment (in case the dossier is submitted directly or by post) or electronic copy (in case the dossier is submitted via the online public service system) of certificate of design appraisal; written explanation of technical design and technical drawings of the design dossier appraised by the Quality management authority or substitute documents defined in Clause 2, Article 4 of this Circular;

c) A photo of design certified by the establishment (in case the dossier is submitted directly or by post) or e-photo of design (in case the dossier is submitted via the online public service system); an original of registration sheet of technical specifications made using the form defined in Appendix V to this Circular (in case the dossier is submitted directly or by post) or electronic form of registration sheet of technical specifications (in case the dossier is submitted via the online public service system);

d) An original of statistics sheet of chassis, imported and domestic manufacture systems used for manufacturing and assembling products, made using the form defined in Appendix VI to this Circular (in case the dossier is submitted directly or by post) or electronic form of statistics sheet of chassis, imported and domestic manufacture systems used for manufacturing and assembling products (in case the dossier is submitted via the online public service system);

dd) An original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of written explanation of methods and positions of making identification numbers (VIN) and engine numbers (for vehicles manufactured and assembled from chassis, systems and separate components);

3. A product inspection dossier must be stored at the Quality management authority and manufacturing establishment for at least 02 years from the time the  manufacturing establishment notifies the Quality management authority of suspension of the manufacture, assembly of the type of products for which the certificate has been granted.”

6. To amend and supplement the first bullet point at Point a, Clause 2, Article 9 as follows:

 “- Manufacturing establishments shall make product inspection dossiers in accordance with Clause 1 or Clause 2, Article 7 of this Circular and submit to the Quality management authority directly, by post, via the online public service system or by other methods.”

7. To amend and supplement Point b, Clause 2, Article 9 as follows:

 “b) Method of implementation: Manufacturing establishments shall submit their product inspection dossiers and receive the results at the Vietnam Register’s headquarters, by post, via the online public service system or by other appropriate methods.”

8. To amend and supplement Point d, Clause 2, Article 9 as follows:

 “d) Time limit for handling: a certificate shall be granted within 03 working days after completion of the inspection and assessment of completeness and validity of the dossier in accordance with regulations and receipt of satisfactory COP assessment results.”

Article 2. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 31/2011/TT-BGTVT dated April 15, 2011 on the technical safety quality and environmental protection inspection for imported motor vehicles (hereinafter referred to as Circular No. 31/2011/TT-BGTVT); the Minister of Transport’s Circular No. 55/2014/TT-BGTVT dated October 20, 2014 on amending and supplementing a number of articles of the Minister of Transport’s Circular No. 31/2011/TT-BGTVT dated April 15, 2011 on the technical safety quality and environmental protection inspection for imported motor vehicles (hereinafter referred to as Circular No. 55/2014/TT-BGTVT) and the Minister of Transport’s Circular No. 42/2018/TT-BGTVT dated July 30, 2018 on amending and supplementing a number of articles of Circulars relating to inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT)

1. To add Clause 8 to Article 6 of Circular No. 31/2011/TT-BGTVT which is amended by Clause 2, Article 1 of Circular No. 55/2014/TT-BGTVT as follows:

 “8. The components of dossier specified in Clauses 1, 2 and 3 of this Article in electronic form instead of the paper documents shall be used upon implementation of the procedure via the online public service system.”

2. To amend and supplement Points a and b, Clause 1, Article 10 of Circular No. 31/2011/TT-BGTVT which is amended and supplemented by Clause 2, Article 4 of Circular No. 42/2018/TT-BGTVT as follows:

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

 “a) An importer shall make a inspection registration dossier in accordance with Article 6 of this Circular and submit it to the inspection agency directly, by post or via the online public service system.”

b) To amend and supplement Point b, Clause 1, Article 10 as follows:

 “b) The inspection agency shall receive, inspect contents of inspection registration dossier and notify the results to the importer within 01 working day. If the inspection registration dossier is complete in accordance with regulations, the inspection agency shall certify in the written inspection registration. If the inspection registration dossier is not complete under regulations, the inspection agency shall return the dossier and guide the importer to supplement, complete it.

The inspection agency shall agree with the importer for the time and place of inspection. The inspection duration must not exceed 03 working days compared to the date of request for inspection by the importer.”

3. To add Clause 4, Article 10 as follows:

 “4. The importers shall receive the results at the inspection agency’s headquarters, by post or via the online public service system.”

Article 3. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 33/2011/TT-BGTVT dated April 19, 2011 on procedures of granting technical safety quality and environmental protection certificates for offshore oil and gas installations (hereinafter referred to as Circular No. 33/2011/TT-BGTVT)

1. To amend and supplement Clause 2, Article 5 as follows:

 “2. Method of implementation:

a) The designing establishments shall submit their dossiers at the Register Agency, by post, via the online public service system or by other appropriate methods.

b) The designing establishments shall receive the results at the inspection center appraising the designs, by post, via the online public service system or by other appropriate methods.”

2. To amend and supplement Clause 3, Article 5 as follows:

 “3. Regulations on design dossiers. A design dossier comprises:

a) In case the designing establishment submits the dossier directly, by post or other appropriate methods: 01 copy of written request for design appraisal, made using the form in Appendix III to this Circular; 03 copies of offshore unit design document;

b) In case the designing establishment submits the dossier via the online public service system: 01 electronic form of written request for design appraisal , made using the form in Appendix III to this Circular and 01 (one) electronic design document;

c) Volume and contents of offshore unit design document are detailed in the regulations, standards, technical regulations and relevant international conventions applicable to each type of offshore unit defined in Appendix I to this Circular and must be presented in accordance with current regulations.”

Article 4. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 45/2012/TT-BGTVT dated October 25, 2012 on the technical safety quality and environmental protection inspection in manufacture and assembly of motorcycles and mopeds (hereinafter referred to as Circular No. 45/2012/TT-BGTVT)

1. To amend and supplement Article 5 as follows:

 “Article 5. Dossiers of registration for type approval certification

A dossier of registration for type approval certification (hereinafter referred to as the certification registration dossier) comprises:

1. A certification registration dossier applicable to components (except for imported completely built-up engines) comprises:

a) An original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of registration sheet of technical specifications together with the technical drawing demonstrating the main dimensions, materials, and photo of the product; an original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of written explanation of symbols and numbers making on the product (if any);

b) A copy certified by the establishment (in case the dossier is submitted directly or by post) or electronic copy (in case the dossier is submitted via the online public service system) of the testing establishment’s test result report;

c) An original (in case the dossier is submitted directly or by post) of list of primary components used for engine assembly (in case the product is engine), made using the form in Appendix II to this Circular; or electronic list of primary components used for engine assembly (in case the dossier is submitted via the online public service system);

The document replace the document defined at Point b of this Clause if the imported components has the copy of the type approval certificate granted by the country of origin’s competent state agency as specified that is conformable with the current national technical regulation.

2. A certification registration dossier applicable to vehicles comprises:

a) An original of registration sheet of technical specifications made using the form in Appendix III to this Circular (in case the dossier is submitted directly or by post) or electronic registration sheet of technical specifications (in case the dossier is submitted via the online public service system);

b) A copy certified by the establishment (in case the dossier is submitted directly or by post) or electronic copy (in case the dossier is submitted via the online public service system) of the testing establishment’s vehicle test result report;

c) An original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of written explanation of method and location of making the vehicle identification numbers (VIN) and engine numbers, made using the form in Appendix IV to this Circular;

d) An original (in case the dossier is submitted directly or by post) of list of primary components used for vehicle assembly, made using the form in Appendix V to this Circular or electronic list of primary components used for vehicle assembly (in case the dossier is submitted via the online public service system);

dd) An original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of the manufacturing establishment’s written commitment that the type of the product does not violate the protected industrial property rights, and the enterprise shall be responsible for any violation (if any) in accordance with laws.”

2. To amend and supplement Clause 1, Article 7 as follows:

 “1. The manufacturing establishment shall make 01 certification registration dossier defined Clause 1 or Clause 2, Article 5 of this Circular and submit it to the Quality management authority in person, by post, via the online public service system or by other appropriate methods.”

3. To add Clause 4, Article 7 as follows:

 “4. The manufacturing establishment shall receive the certificate at the Quality management authority’s headquarters, by post, via the online public service system or by other appropriate methods.”

4. To replace Appendix I of Circular No. 45/2012/TT-BGTVT with Appendix I to this Circular.

Article 5. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 41/2013/TT-BGTVT dated November 05, 2013 on the technical safety quality inspection of electric bicycles (hereinafter referred to as Circular No. 41/2013/TT-BGTVT) and Circular No. 42/2018/TT-BGTVT

1. To amend and supplement Clause 1, Article 5 as follows:

 “1. A dossier of technical safety quality registration of manufactured or assembled vehicle comprises:

a) An original of registration sheet of technical specifications made using the form in Appendix I to this Circular (in case the dossier is submitted directly or by post) or electronic registration sheet of technical specifications (in case the dossier is submitted via the online public service system);

b) A copy certified by the manufacturing establishment (in case the dossier is submitted directly or by post) or electronic copy (in case the dossier is submitted via the online public service system) of the testing establishment’s vehicle test result report;

c) A vehicle’s user manual with main technical specifications, use instructions for equipment of the vehicle, fire safety and environmental protection instructions; warranty card (clearly stating warranty conditions and addresses of warranty service providers); or electronic documents as mentioned (in case the dossier is submitted via the online public service system);

d) An original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of the manufacturing establishment’s written commitment that the type of the vehicle does not violate the protected industrial property rights, and the enterprise shall be responsible for any violation (if any) in accordance with laws;

dd) An original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of  written description of dimensions, contents and location of vehicle’s label; The label must present at least the following contents: the manufacturing establishment's name and address; trade mark; model code; kerb mass; passenger capacity; engine’s output; number of approved type approval certificate; manufacture year; and origin.”

2. To amend and supplement Point a, Clause 1, Article 8 as follows:

 “a) The manufacturing establishment shall submit 01 dossier of registration for type approval certification (certification registration dossier) defined Clause 1, Article 5 of this Circular to the Quality management authority in person, by post, via the online public service system or by other appropriate methods.”

3. To add Point d, Clause 1, Article 8 as follows:

 “d) The manufacturing establishment shall receive the certificate at the Quality management authority’s headquarters, by post, via the online public service system or by other appropriate methods.”

4. To amend and supplement Points a, b, c, Clause 2, Article 8 of Circular No. 41/2013/TT-BGTVT, which are amended by Clause 3, Article 5 of Circular No. 42/2018/TT-BGTVT as follows:

a) To amend and supplement Point a, Clause 2, Article 8 as follows:

 “a) The importing establishment shall make 01 inspection registration dossier defined in Clause 2, Article 5 of this Circular and submit it to the Quality management authority directly, by post or via the online public service system.”

b) To amend and supplement Point b, Clause 2, Article 8 as follows:

 “b) The Quality management authority shall receive and examine contents of inspection registration dossier and notify the results to the importing establishment  within 01 working day. If the dossier is complete as specified, the Quality management authority shall certify in the written inspection registration. If the dossier is not completed as specified, the Quality management authority shall return and guide the importing establishment to supplement and complete it.

The Quality management authority shall agree with the importing establishment on the inspection time and place. The inspection must be conducted within 03 working days compared with the date of the importing establishment’s request for inspection.”

c) To amend and supplement Point c, Clause 2, Article 8 as follows:

 “c) The Quality management authority shall perform inspection and consider vehicle test results in accordance with Article 7 of this Circular. In case of unsatisfactory results, within 04 working days after completion of the inspection, the Quality management authority shall notify it to the importing establishment for remediation. After 30 days from the date of notification, if the importing establishment fails to implement remedial measures, the notice on ineligibility for import, made using the form in Appendix IIIc to this Circular shall be given. In case of satisfactory results, the Quality management authority shall grant the Certificate made using the form in Appendix IIIb to this Circular to the importing establishment within 04 working days after issuance of satisfactory results.”

Article 6. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 16/2014/TT-BGTVT dated May 13, 2014 on conditions for four-wheel cargo motor vehicles and their operators joining road traffic (hereinafter referred to as Circular No. 16/2014/TT-BGTVT)

1. To amend and supplement Article 5 as follows:

 “1. A certification registration dossier applicable to components (except for imported completely built-up engines) comprises:

a) An original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of registration sheet of technical specifications together with the technical drawing demonstrating the main dimensions, materials, and photo of the product; an original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of written explanation of symbols and numbers making on the product (if any);

b) A copy certified by the establishment (in case the dossier is submitted directly or by post) or electronic copy (in case the dossier is submitted via the online public service system) of the testing establishment’s test result report;

c) An original (in case the dossier is submitted directly or by post) of list of primary components used for engine assembly (for the products being engines), made using the form in Appendix III to this Circular; or electronic list of primary components used for engine assembly (for the products being engines) (in case the dossier is submitted via the online public service system).

2. A certification registration dossier applicable to vehicles comprises:

a) An original of registration sheet of technical specifications made using the form in Appendix IV to this Circular (in case the dossier is submitted directly or by post) or electronic registration sheet of technical specifications (in case the dossier is submitted via the online public service system);

b) A copy certified by the manufacturing establishment (in case the dossier is submitted directly or by post) or electronic copy (in case the dossier is submitted via the online public service system) of the testing establishment’s test result report;

c) An original (in case the dossier is submitted directly or by post) of list of primary components used for vehicle assembly, made using the form in Appendix V to this Circular or electronic list of primary components used for vehicle assembly (in case the dossier is submitted via the online public service system);

d) An original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of the manufacturing establishment’s written commitment that the type of the vehicle does not violate the protected industrial property rights, and the manufacturing establishment shall be responsible for any violation (if any) in accordance with laws.”

2. To amend and supplement Clause 1, Article 7 as follows:

 “1. The manufacturing establishment shall make a certification registration dossier defined in Clause 1 or Clause 2, Article 5 of this Circular and submit it to the Quality management authority directly, by post, via the online public service system or by other appropriate methods.”

3. To add Clause 4, Article 7 as follows:

 “4. The manufacturing establishment shall receive the certificate at the Vietnam Register’s headquarter, by post, via the online public service system or by other appropriate methods.”

Article 7. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 85/2014/TT-BGTVT dated December 31, 2014 prescribing the modification of road motor vehicles (hereinafter referred to as Circular No. 85/2014/TT-BGTVT)

1. To amend and supplement Article 5 as follows:

 “Article 5. Dossiers of design of modified motor vehicles

A dossier of design of modified motor vehicles comprises:

1. An original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of written explanation of motor vehicles’ technical design defined in Section A of Appendix I to this Circular;

2. An original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system)  of technical drawing defined in Section B of Appendix I to this Circular.”

2. To amend and supplement Clause 4, Article 7 as follows:

 “4. A dossier of request for design appraisal comprises:

a) A written request for design appraisal or an electronic form of request for design appraisal (in case the dossier is submitted via the online public service system) made using the form in Appendix III to this Circular;

b) 02 design dossiers (in case the dossier is submitted at the design appraisal agency’s headquarters or by post) or 01 dossier of electronic form (in case the dossier is submitted via the online public service system) with components defined in Article 5 of this Circular;

c) A copy certified by designing unit or electronic copy (in case the dossier is submitted via the online public service system) of document on technical specifications and features of modified motor vehicles and replaced or modified chassis and systems;

d) A copy certified by designing unit or electronic copy (in case the dossier is submitted via the online public service system) of car registration certificate; paper of vehicle title transfer and moving (in case the procedures for vehicle title transfer and moving are being implemented); technical safety quality and environmental protection certificate of imported motor vehicles; or certificate of import procedure fulfillment (in case the used motor vehicles are allowed to be imported but have not had registration plates).”

3. To amend and supplement Point d, Clause 5, Article 7 as follows:

 “d) Organizations or individuals may submit their dossiers and receive results at the design appraising agency’s headquarters, by post or via the online public service system.”

4. To amend and supplement Clause 6, Article 7 as follows:

 “6. The approved design dossier and design appraisal certificate (original) shall be stored at the design appraising agency (one set) and acceptance agency (one set); Copy of approved design dossier certified by the designing unit and original of design appraisal certificate shall be stored at the designing establishment (one set) and construction establishment (one set), in case the dossier is submitted and the result is provided directly or by post;”

5. To amend and supplement Point b, Clause 7, Article 10 as follows:

 “b) Original of the appraised design or electronic form of the appraised design (in case the design appraisal result is returned via the online public service system). In case of exemption from design defined in Clauses 3, 4 and 6, Article 6 of this Circular, a general drawing of the modified motor vehicle after modification formulated by the modifying establishment is required;”

6. To amend and supplement Point c, Clause 6, Article 11 as follows:

 “c) If the dossier is completed as defined, the acceptance agency shall perform the pre-acceptance test of modified motor vehicle. In case of satisfactory results, the organization or individual shall be granted the certificate of modification within 03 working days after completion of pre-acceptance test. In case of refusal of grant of the certificate, the acceptance agency shall send a written notice to the organization or individual, clearly stating reasons within the working day after the results are issued;”.

Article 8. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 86/2014/TT-BGTVT dated December 31, 2014 prescribing the conditions for four-wheel passenger motor vehicles and their operators joining traffic within a limited scope (hereinafter referred to as Circular No. 86/2014/TT-BGTVT) and Circular No. 42/2018/TT-BGTVT)

1. To amend and supplement Article 5 as follows:

 “Article 5. Dossiers of registration for type approval certification

A dossier of registration for type approval certification (hereinafter referred to as the certification registration document) comprises:

1. An original (in case the dossier is submitted directly or by post) of registration sheet for technical specifications of vehicle, made using the form in Appendix II to this Circular; or electronic form (in case the dossier is submitted via the online public service system) of registration sheet for technical specifications of vehicle.

2. A copy certified by the manufacturing establishment (in case the dossier is submitted directly or by post) or electronic copy (in case the dossier is submitted via the online public service system) of report on inspection and test results.

3. An original (in case the dossier is submitted directly or by post) or electronic form (in case the dossier is submitted via the online public service system) of the manufacturing establishment’s written commitment that the type of the vehicle does not violate the protected industrial property rights and the manufacturing establishment shall be responsible for any dispute relating to industrial property in accordance with laws.”

2. To amend and supplement Clause 1, Article 7 as follows:

 “1. The manufacturing establishment shall make a certification registration dossier defined in Article 5 of this Circular and submit it to the Vietnam Register directly, by post, via the online public service system or by other appropriate methods.”

3. To add Clause 4, Article 7 as follows:

 “4. The manufacturing establishment shall receive the certificate at the Vietnam Register’s headquarters, by post, via the online public service system or by other appropriate methods.”

4. To add Clause 4, Article 10 as follows:

 “4. In case the procedures are performed on the online public service system, electronic forms of the components of dossier defined in Clauses 1 and 2 of this Article are allowed to be used instead of paper documents.”

5. To amend and supplement Clauses 1 and 2, Article 12 of Circular No. 86/2014/TT-BGTVT, which are amended and supplemented by Clause 2, Article 3 of Circular No. 42/2018/TT-BGTVT as follows:

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

 “1. The importing establishment shall make an inspection registration dossier defined in Clause 1, Article 10 of this Circular and submit it to the Vietnam Register directly, by post or via the online public service system.”

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

 “2. The Vietnam Register shall receive and inspect inspection registration dossier, issue the results to notify to the importing establishment within 01 working day. If the inspection registration dossier is complete as defined, the Vietnam Register shall certify in the written registration for inspection. In case the dossier is not complete, the Vietnam Register shall return the dossier and guide the importing establishment to supplement and complete it.

The Vietnam Register shall agree with the importing establishment on the time and place of inspection. The inspection time must not exceed 03 working days compared to the inspection request date.”

5. To add Clause 4, Article 12 as follows:

 “4. The importing establishment shall receive the results at the inspection agency’s headquarters, by post, via the online public service system or by other appropriate methods.”

Article 9. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 48/2015/TT-BGTVT dated September 22, 2015 prescribing the inspection of inland waterway vessels (hereinafter referred to as Circular No. 48/2015/TT-BGTVT)

1. To amend and supplement Article 8 as follows:

 “Article 8. Dossiers of request for appraisal of design and instruction manuals:

1. A dossier of request for appraisal of building, transformation or repair design comprises:

a) An original or electronic form of written request for design appraisal, made using the form in Appendix II to this Circular;

b) A legally valid electronic copy (in case the dossier is submitted via the  online public service system) or three originals (in case the dossier is submitted directly, by post or other appropriate methods) of the following documents: calculation tables, drawings, explanations and technical documents (if any) under technical regulations and standards applicable to the vessel. In case a design dossier is designed by a foreign design unit or the vessel owner is a foreigner or the vessel is built in Vietnam for the purpose of export, Vietnamese explanation and calculation table, or English explanation and calculation table with Vietnamese translations, and Vietnamese or English drawing are required;

c) A certified copy or legally valid electronic copy of vessel building contract or documents on the lawful ownership of the vessel owner who takes the responsibility before laws for the legality of the vessel (for a design dossier of a vessel built in the country without the supervision of the inspection center).

2. A dossier of request for appraisal of shaping sample design comprises:

a) An original or electronic form of written request for shaping sample appraisal of inland waterway vessel, made using the form in Appendix III to this Circular;

b) A legally valid electronic copy of (in case the dossier is submitted via the  online public service system) or three originals (in case the dossier is submitted directly, by post or other appropriate methods) of the following documents: calculation tables, drawings, explanations under technical regulations and standards applicable to the vessel.

3. For copying and appraisal of shaping sample, a dossier comprises an original or electronic form of written request for use of shaping sample of an inland waterway vessel, made using the form in Appendix IV to this Circular.

4. A dossier of request for design appraisal of imported vessel comprises:

a) An original or electronic form of written request for design appraisal, made using the form in Appendix II to this Circular;

b) A legally valid electronic copy (in case the dossier is submitted via the online public service system) or three originals (in case the dossier is submitted directly, by post or other appropriate methods) of calculation tables, drawings, explanations, technical documents (if any) under technical regulations and standards applicable to the vessel, and technical documents granted by foreign organizations (if any). Vietnamese explanation and calculation table, or English explanation and calculation table with Vietnamese translations, and Vietnamese or English drawing are required;

c) A certified copy or legally valid electronic copy of dossier on age of the vessel;

d) A certified copy or legally valid electronic copy of declaration for imported goods of the importer (in case the vessel has been imported into Vietnam).

5. A dossier of request for industrial product design appraisal comprises:

a) In case the industrial product is manufactured domestically: an original or electronic form of written request for design appraisal, made using the form in Appendix II to this Circular; a legally valid electronic copy (in case the dossier is submitted via the online public service system) or three originals (in case the dossier is submitted directly, by post or other appropriate methods) of calculation tables, drawings, explanations and technical documents (if any) under technical regulations and standards applicable to the product;

b) In case the industrial product is imported: An original or electronic form of written request for design appraisal, made using the form in Appendix II to this Circular; a legally valid electronic copy (in case the dossier is submitted via the online public service system) or three originals (in case the dossier is submitted directly, by post or other appropriate methods) of calculation tables, drawings, explanations and technical documents granted by foreign organizations (if any) under technical regulations and standards applicable to the product. Vietnamese explanations and calculation tables, or English explanations and calculation tables with Vietnamese translations, and Vietnamese or English drawings, declaration for imported goods of the importer are required.

6. A dossier of request for design appraisal for conversion of a sea-going ship into an inland waterway vessel comprises:

a) An original or electronic form of written request for design appraisal, made using the form in Appendix II to this Circular;

b) A legally valid electronic copy (in case the dossier is submitted via the online public service system) or three originals (in case the dossier is submitted directly, by post or other appropriate methods) of calculation tables, drawings, explanations and technical documents (if any) under technical regulations and standards applicable to the vessel.

7. A dossier of request for instruction manual appraisal comprises:

a) An original or electronic form of written request for instruction manual appraisal, made using the form in Appendix II to this Circular;

b) A legally valid electronic copy (in case the dossier is submitted via the online public service system) or three originals (in case the dossier is submitted directly, by post or other appropriate methods) of instruction manual.”

2. To amend and supplement Clause 1, Article 9 as follows:

 “1. The organization or individual shall submit a dossier of request for appraisal of design or instruction manuals defined Article 8 of this Circular to the Vietnam Register or an inspection center authorized by the Vietnam Register in person, by post, via the online public service system or by other appropriate methods.”

3. To amend and supplement Clause 5, Article 9 as follows:

 “5. The organization or individual requesting the appraisal of design design or instruction manuals shall pay charges and fees in accordance with regulations and receive the results at Vietnam Register or the inspection center authorized by the Vietnam Register, by post, via the online public service system or by other appropriate methods.”

Article 10. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 40/2016/TT-BGTVT dated December 07, 2016 on inspection of Vietnamese sea-going ships (hereinafter referred to as Circular No. 40/2016/TT-BGTVT)

1. To amend and supplement Clause 2, Article 9 as follows:

 “2. An dossier of request for sea-going ship design appraisal comprises:

a) 01 (one) original or electronic form of written request, made using the form No. 02 in the Appendix to this Circular (original copy or electronic form);

b) 01 (one) legally valid electronic copy (in case the dossier is submitted via the online public service system) or three originals of design document (in case the dossier is submitted directly, by post or other appropriate methods).”

2. To amend and supplement Clause 3, Article 9 as follows:

 “3. The organization or individual shall complete the dossier defined in Clause 2 of this Article and submit it to the Vietnam Register directly, by post, via the online public service system or by other appropriate methods.”

3. To amend and supplement Clause 5, Article 9 as follows:

 “5. Within 18 (eighteen) days after receiving a complete dossier or within a duration as agreed but not exceeding 60 (sixty) days in case of complicated or new ship design, the Vietnam Register shall appraise the design. If the dossier is not satisfactory, it shall reply the organization or individual; if the dossier is satisfactory, it shall grant the organization or individual a design appraisal certificate and affix an appraisal seal in the design document.”

4. To amend and supplement Point b, Clause 2, Article 16 as follows:

 “2. A dossier of request for inspection comprises:

b) 01 (one) copy of technical dossier, including technical specifications and reports on inspection or test of containers, machines, materials, and equipment.”

5. To amend and supplement Point b, Clause 2, Article 18 as follows:

 “b) 01 (one) 3 x 4 cm color photo of the applicant for welder certificate that is taken within 06 months (with the applicant’s full name and date of birth on the back of the photo).”

6. To replace Form No. 11 in the Appendix to the Circular No. 40/2016/TT-BGTVT with Form No. 11 in Appendix II to this Circular.

Article 11. Implementation provisions

1. This Circular takes effect on August 15, 2022.

2. Chief of Ministry Office, Chief Inspector of Ministry, Directors of Departments, General Director of the Vietnam Register and Heads of agencies, organizations and relevant individuals shall take responsibility for the implementation of this Circular./.

* All Appendices are not translated herein.