THE MINISTRY OF TRANSPORT
_________ No. 43/2023/TT-BGTVT | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
_______________________ Hanoi, December 29, 2023 |
CIRCULAR
Amending and supplementing a number of articles of Circular No. 85/2014/TT-BGTVT dated December 31, 2014, of the Minister of Transport, on modification of road motor vehicles, Circular No. 42/2018/TT-BGTVT dated July 30, 2018, and Circular No. 16/2022/TT-BGTVT dated August 30, 2022, of the Minister of Transport, amending and supplementing a number of articles of Circulars relating to registration
_____________________
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 General Director of the Vietnam Register;
The Minister of Transport hereby promulgates the Circular amending and supplementing a number of articles of Circular No. 85/2014/TT-BGTVT dated December 31, 2014, of the Minister of Transport, on modification of road motor vehicles, Circular No. 42/2018/TT-BGTVT dated July 30, 2018, and Circular No. 16/2022/TT-BGTVT dated August 30, 2022, of the Minister of Transport, amending and supplementing a number of articles of Circulars relating to registration.
Article 1. Amending and supplementing a number of articles of Circular No. 85/2014/TT-BGTVT dated December 31, 2014, of the Minister of Transport, on modification of road motor vehicles (hereinafter referred to as Circular No. 85/2014/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 (hereinafter referred to as Circular No. 42/2018/TT-BGTVT), and Circular No. 16/2022/TT-BGTVT dated August 30, 2022, of the Minister of Transport, amending and supplementing a number of articles of Circulars relating to registration (hereinafter referred to as Circular No. 16/2022/TT-BGTVT)
1. To amend and supplement Article 3 of Circular No. 85/2014/TT-BGTVT as follows:
“Article 3. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Motor vehicles mean road vehicles as defined and classified in Technical Standards TCVN 6211 and TCVN 7271 (except for motorcycles and mopeds).
2. Complete components of a motor vehicle include: engine, chassis, cabin, body or trunk or special-use equipment fitted on a vehicle.
3. Systems of a motor vehicle include: transmission system; moving system; suspension system; braking system; steering system; fuel system; electrical system; and lighting and signaling system.
4. Pre-modified motor vehicle means a motor vehicle that has been granted with the certificate of quality, technical safety and environmental protection in manufacture, assembly and import; certificate of technical safety and environmental protection for the modified motor vehicle; certificate of technical safety and environmental protection for the motor vehicle by the competent agency.
5. Modification of a motor vehicle means the change of characteristics of a motor vehicle specified in Appendix XI to this Circular, so that it differs from type of the previously pre-modified motor vehicle.
6. Design facility means an organization that is established in accordance with law, and provides the services of designing motor vehicles.
7. Modification facility means an organization that is established in accordance with law, and provides the services of modifying motor vehicles.
8. Design appraisal means the review, comparison and assessment of contents of the dossier for the motor vehicle modification design, as well as the requirements on technical safety and environmental protection of motor vehicles as specified in this Circular.
9. Acceptance of a modified motor vehicle means the check of the satisfaction of prescribed requirements of a motor vehicle modified according to the appraised design dossier, in accordance with provisions of Appendix VI to this Circular.
10. Accepting agency means the motor vehicle registration unit that has been granted with a certificate of eligibility for motor vehicle registration operation as prescribed, conducts acceptance test of modified motor vehicles satisfying requirements specified in this Circular.”.
2. To amend and supplement the quote of Article 4; Clauses 3, 5, 8, 12, 16, 19, 20 and 21 Article 4 of Circular No. 85/2014/TT- BGTVT as follows:
a) To amend and supplement the quote of Article 4 as follows:
“Items to be modified must be in compliance with requirements on technical safety and environmental protection according to the corresponding National Technical Regulations and regulations on technical safety and environmental protection inspection of road motor vehicles. The modification of motor vehicles must comply with the following regulations:”.
b) To amend and supplement Clause 3 Article 4 as follows:
3. Not to modify the trunk of an unused truck that is imported, manufactured or assembled within 6 months from the date of issuance of the first inspection certificate and inspection sticker to the date of submitting the design dossier (except for the case of converting into a driving practice vehicle, a driving test vehicle; modifying and installing a covered roof for an open body truck).”.
c) To amend and supplement Clause 5 Article 4 as follows:
“5. Not to modify suspension systems, braking systems, and steering systems of motor vehicles, except for the following cases:
a) Installing or modifying auxiliary brake pedals on driving practice vehicles and driving test vehicles;
b) Modifying to provide power and control the braking system of trailers and semi-trailers;
c) Modifying right-hand drive motor vehicles;
d) Adapting control mechanisms and seats to suit the motor functions of people with disabilities driving vehicles;
dd) Modifying at the request of the vehicle manufacturer (with written confirmation from the vehicle manufacturer or legally authorized representative of the vehicle manufacturer, clearly stating the content of the requested modification along with instructional documents and list of components and component assemblies used for replacement) for some of the following cases:
For braking system: change some components and component assemblies of the braking system to eliminate potential safety risks or to improve braking efficiency;
For steering system: change some components and component assemblies of the steering system to eliminate potential safety risks or to improve comfort and safety;
For suspension system: change some components and component assemblies of the suspension system by installing components and component assemblies with equivalent load capacity (not for the purpose of increasing the volume of goods transported) to eliminate the risks potential loss of safety.”.
d) To amend and supplement Clause 8 Article 4 as follows:
“8. Not to modify or install double-deck beds on passenger vehicles, except in cases where the pre-modified car is a passenger double-decker.”.
dd) To amend and supplement Clause 12 Article 4 as follows:
“12. Not to modify or change the distance between the motor vehicle axles, except for the following cases: modifying into special-use vehicles and tractors; modifying to shorten the wheelbase when converting back to a motor vehicle before the first modification and modifying to reduce the overall length and trunk size of dump trucks, tanks, and trucks in accordance with regulations stipulated in the Minister of Transport's Circular No. 42/2014/TT-BGTVT dated September 15, 2014, regulating vehicle trunks of dump trucks, tanks, and trucks participating in road traffic.”.
e) To amend and supplement Clause 16 Article 4 as follows:
“16. The total mass, the total mass distributed on each axle allowing motor vehicles to participate in traffic after modification must not exceed the value of the total mass, the total mass distributed on each axle according to manufacturer's design and regulations on axle load limits and total vehicle weight limits.”.
g) To amend and supplement Clause 19 Article 4 as follows:
“19. Not to reuse motor vehicle engines that have been in use for more than 15 years from the year of manufacture for replacement or modification. The replacement engine has the largest capacity as announced by the manufacturer, ranging from 90% to 120% of the maximum capacity of the replaced engine.”.
h) To amend and supplement Clause 20 Article 4 as follows:
20. Cranes, tanks carrying dangerous goods, tanks carrying compressed air, liquefied petroleum gas when installed on modified motor vehicles must be inspected and certified for their features, quality and technical safety by organizations certified to be eligible for technical inspection of occupational safety in the field of transportation in accordance with the Government's Decree No. 44/2016/ND-CP dated May 15, 2016, detailing some articles of the Law on Occupational safety and sanitation, technical inspection of occupational safety, training of occupational safety and sanitation and monitoring of occupational environment.”.
i) To amend and supplement Clause 21 Article 4 as follows:
21. A motor vehicle shall have only one of the two main complete components, which is the engine or chassis, modified and replaced during the course of use.”.
3. To add Article 4a to Circular No. 85/2014/TT-BGTVT as follows:
“Article 4a. Cases where the motor vehicle has changes but is not considered a modification
1. Cases where the motor vehicle has changes but is not considered a modification:
a) Changing passenger compartment doors (excluding changing door position and size);
b) Changing some cargo container structures such as: sealing or changing the structure of the cargo door; replacing flat sheeting with corrugated iron or vice versa; covering the roof frame of a covered vehicle with additional corrugated iron without increasing the high-cube container (Hc) specified in Appendix I to Circular No. 42/2014/TT-BGTVT; installing or removing dust covers for dump truck cargo tanks;
c) Installing, replacing or removing the cargo and luggage compartment cover of the PICKUP car without changing the size of the cargo container and the vehicle's outer dimensions;
d) Installing extra separate fog lamps;
dd) Replacing the headlight cluster with a light cluster that has been certified or declared conformable according to the National technical regulation on optical characteristics of road vehicle headlamps, QCVN 35:2017/BGTVT without having to process or change the vehicle's structure to ensure installation;
e) Replacing the light bulbs in the headlight cluster with another type of light bulb with equivalent power consumption without having to intervene or change the structure of the light cluster;
g) Changing body parts and details being an option of the vehicle manufacturer without changing the vehicle's outer dimensions, except for the cases specified in Article 6 of this Circular. Installation shall be carried out according to the recommendations of the vehicle manufacturer or the vehicle manufacturer's legally authorized representative;
h) Changing the design of some details of the vehicle body such as: front grille, spoiler;
i) Installing extra hardtops on the roof of the truck cab, steps up and down, decorative exhaust pipes, decorative belts for lighting and signal lights without changing the outer dimension of the vehicle.
2. Changes to motor vehicles specified in Clause 1 of this Article without changing the vehicle type specified in Appendix XI to this Circular and meeting the requirements of technical safety and environmental protection in accordance with the respective National technical regulations, the technical safety and environmental protection of road motor vehicles shall be inspected for grant of inspection certificates and inspection stickers.”.
4. To amend and supplement Clauses 3 and 5 Article 6; to add Clauses 8, 9, 10, 11 and 12 Article 6 of Circular No. 85/2014/TT- BGTVT as follows:
a) To amend and supplement Clause 3 Article 6 as follows:
“3. Installing, replacing or removing the cargo and luggage compartment cover of the PICKUP car leading to changes to the size of the cargo container without changing the vehicle's outer dimensions.”.
b) To amend and supplement Clause 5 Article 6 as follows:
“5. Removing the fuel supply system using liquefied petroleum gas (LPG) or compressed natural gas (CNG) for the vehicle's engine for modified motor vehicles with additional fuel supply system (LPG, CNG) installed to use only the fuel supply system of motor vehicles before modifying the fuel supply system.”.
c) To add Clause 8 Article 6 as follows:
“8. Installing, replacing, or removing a passenger car roof rack in accordance with the manufacturer's instructions without changing the overall width of the vehicle.”.
d) To add Clause 9 to Article 6 as follows:
“9. Installing, replacing or removing the hardtop on the roof of the tractor's cab.”.
dd) To add Clause 10 Article 6 as follows:
“10. Installing, replacing or removing the pump, oil tank and hydraulic piping system of the tractor to drive the cargo lifting system of the dump semi-trailer.”.
e) To add Clause 11 Article 6 as follows:
“11. Changing the passenger seating arrangement or loading and unloading doors of the cargo container or the packaging and lining materials of the cargo container.”.
g) To add Clause 12 Article 6 as follows:
“12. Trucks with installed or replaced cargo lifting equipment of containers that have a safety certificate from a competent agency or trucks having this equipment removed.”.
5. To amend and supplement Clauses 5 and 6 Article 7 of Circular No. 85/2014/TT- BGTVT (amended and supplemented under Clause 2 Article 2 of Circular No. 42/2018/TT- BGTVT and Clause 4 Article 7 of Circular No. 16/2021/TT-BGTVT) as follows:
a) To amend and supplement Clause 5 Article 7 as follows: “5. Order and procedures for design appraisal
a) The design facility shall submit one set of application dossiers for design appraisal to the design-appraising agency;
b) The design-appraising agency shall receive and check the dossier components: If the application dossier is incomplete as prescribed, the design-appraising agency shall instruct an organization or individual to supplement and complete it within the same working day (in case of direct submission and submission via the online public service system) or issue a notification and instructions for completing the dossier within 2 working days (in case of submission via postal system). In case the application dossier is complete, the design-appraising agency shall issue a dossier receipt (original in case of direct submission and submission via postal system, or electronic copy if submission via online public service system), using the form specified in Appendix XVI to this Circular;
c) The design-appraising agency shall conduct the design appraisal as prescribed. In case the design is qualified, after 5 working days from the date of receiving the complete design dossier, it shall grant the design appraisal certificate. In case of refusal, it shall notify in writing and clearly state the reason for the design facility after 2 working days from the date of obtaining the appraisal result;
d) In case where the design dossier is complete, but there is a content that needs to be amended and supplemented, the design-appraising agency shall notify the design facility for amendment and supplementation to such dossier according to the form provided in Appendix XII to this Circular. The design facility shall complete such dossier and re-submit it within 30 days from the date of notification. Within 5 working days from the date of receiving the modified dossier, if it meets requirements, the design-appraising agency shall grant a design certificate. In case of failing to meet requirements, the design-appraising agency shall notify such failure according to the form provided in Appendix XIII to this Circular. Past the time limit of 30 days from the date of notification, if the design facility has not yet made any modification, the design-appraising agency shall issue a Notification of the motor vehicle design dossier's failure to meet requirements according to the form provided in Appendix XIII to this Circular;
dd) The design-appraising agency shall record in the control sheet for the entire design appraisal process in accordance with this Clause, using the form provided in Appendix XVIII to this Circular;
- The design facility may submit dossiers and receive results directly at the head office of the design-appraising agency, or via postal system, or online public service system.”.
b) To amend and supplement Clause 6 Article 7 as follows:
“6. One set of design dossiers that are appraised as qualified and granted with a design appraisal certificate shall be kept at the design-appraising agency, and another set shall be issued to the design facility in case of direct submission and result notification, or dossier submission via the postal system. In case the design facility submits the design through the online public service system, the results shall be returned on the online public service system.”.
6. To amend and supplement Article 8 of Circular No. 85/2014/TT-BGTVT as follows:
“Article 8. Responsibilities for design appraisal of modified motor vehicles
1. The Vietnam Register shall appraise the design of a motor vehicle in case of:
a) Modifying other types of vehicles into special-use vehicles and tractors;
b) Modifying right-hand drive motor vehicles;
c) The cases specified at Point dd Clause 5 Article 4 of this Circular.
2. The provincial-level Department of Transport shall appraise the motor vehicle's design, except for the cases specified in Clause 1 of this Article.”.
7. To amend and supplement Article 9 of Circular No. 85/2014/TT-BGTVT as follows:
“Article 9. Modification
1. The modification of motor vehicles must be completed at the workshop of the modification facility.
2. Motor vehicles after modification must conform to the design that has been appraised and met the requirements.
3. After modification, the motor vehicle must be inspected by the modification facility and a record of factory acceptance of the modified motor vehicle shall be prepared according to the form specified in Appendix IV to this Circular. The components for factory acceptance of a modified motor vehicles include the vehicle owner or authorized person as prescribed by law, technical staff and leader of the modification facility.
4. To ensure the proper and sufficient implementation of the contents specified in Clause 2 of this Article in cases of modifying the entire cockpit, body, and passenger compartment of passenger vehicles; modifying and installing a new truck body into a closed truck (with both sides of the truck body wall covered), an insulated truck, or a refrigerated truck, the modification facility shall coordinate with the vehicle owner to notify the accepting agency to check and pre-accept the skeletal structure of the vehicle body and trunk according to the design at the modification facility before completing all construction content according to the design dossier.”.
8. To amend and supplement Article 10 of Circular No. 85/2014/TT-BGTVT as follows:
“Article 10. Acceptance of modified motor vehicles
1. A dossier for acceptance of a modified motor vehicle must comprise:
a) Original or electronic copy (in case of submission through the online public service system) of the written request for acceptance of the modified motor vehicle, made according to the form specified in Appendix VII to this Circular;
b) Copies or electronic copies of the design appraisal certificate and appraised design dossier certified by the design facility or electronic copies in case of submission via online public service system, except for the case of exemption from preparing design dossiers for modified motor vehicles as prescribed in Article 6 of this Circular;
c) Original or electronic copies of an overall photo of approximately 45 degrees of front and rear opposite corners of the modified motor vehicle, taken at the workshop of the modification facility; detailed photos of systems and total modifications, except for cases exempted from preparing modified motor vehicle design dossiers as prescribed in Article 6 of this Circular;
d) The original or electronic copy of the factory acceptance record of the modified motor vehicle, except for cases of exemption from preparing the modified motor vehicle design dossiers as prescribed in Article 6 of this Circular;
dd) The original or electronic copy of the list of complete components and replacement systems, made according to the form specified in Appendix VIII to this Circular, except for cases where the preparation of modified motor vehicle design dossiers is exempted in accordance with Article 6 of this Circular;
e) Copies or electronic copies of documents on parameters and technical features of the modified motor vehicle and modification or replacement components and systems and documents certifying the origin of modification systems and components (with certification from the modification facility), except for cases of exemption from preparing modified motor vehicle design dossiers as prescribed in Article 6 of this Circular;
g) Copy or electronic copy of the technical safety inspection certificate for cranes, lifting equipment, tanks carrying dangerous goods, tanks carrying liquefied petroleum gas, pressure tanks and special-use equipment according to regulations (with certification from the modification facility);
h) Particularly in cases where modified motor vehicles have the same brand, type number, and technical specifications, the same design may be used. The dossiers for acceptance of motor vehicles using the same design, in addition to the components specified in Clause 1 of this Article, must comprise a written consent for sharing design dossiers from the design facility made according to the form provided in Appendix XVII to this Circular.
2. Order and procedures for acceptance:
a) The vehicle owner or authorized person as prescribed by law shall submit one set of dossiers for acceptance of the modified motor vehicle as prescribed in Clause 1 of this Article to the accepting agency directly or via the postal system or through the online public service system;
b) If the dossier is incomplete as prescribed, it shall instruct the organization or individual to supplement and complete the dossier immediately within the working day (in case of direct submission or submission via the online public service system), or notify and provide instructions on completion of the dossier within 2 working days (in case of submission of dossiers via postal system);
c) If the dossier is complete according to regulations, the accepting agency shall issue a dossier receipt (original in case of direct submission and submission via postal system or electronic copy in case of submission via online service system), using the form specified in Appendix XVI to this Circular. Within 3 working days from the date of issuance of the dossier receipt, the accepting agency shall conduct the acceptance of the modified motor vehicle and prepare a minutes of technical safety and environmental protection inspection of the modified motor vehicle according to the form specified in Appendix IX to this Circular. In case the acceptance results meet the requirements, the accepting agency shall issue a certificate of technical safety and environmental protection for the modified motor vehicle according to the form provided in Appendix V to this Circular (hereinafter abbreviated as modification certificate), inspection certificate, technical safety and environmental protection inspection stamp for the modified motor vehicle. In case the acceptance results fail to meet the requirements, the accepting agency shall issue a notification of failure according to the form specified in Appendix XV to this Circular to the vehicle owner or authorized person as prescribed by law to fix the unsatisfactory contents and re-accept from the beginning in accordance with Clause 2 of this Article;
d) The vehicle owner or authorized person as prescribed by law must pay relevant prices, fees and charges as prescribed by law;
dd) The accepting agency shall record in the control sheet for the entire acceptance process in accordance with Clause 2 of this Article, using the form provided in Appendix XIX to this Circular.
3. Acceptance content:
a) The registration unit shall, based on the content of the design dossier of the modified motor vehicle that has been appraised to meet the requirements and the general acceptance process for the modified motor vehicle specified in Appendix VI to the Circular, carry out the acceptance of motor vehicles;
b) The acceptance of modified motor vehicles must use appropriate testing equipment and tools to check items, systems, and complete components related to the modification content;
c) Components of acceptance of a modified motor vehicle include: The vehicle owner or authorized person as prescribed by law, the acceptance registrar, and the leader of the motor vehicle registration qualified to sign the inspection certificate.
4. The acceptance of modified motor vehicles currently in circulation that have been granted with inspection certificates and inspection stamps before February 15, 2024 shall be carried out as follows:
a) For motor vehicles currently in circulation with outer dimensions and images consistent with the most recently issued certificate of technical safety and environmental protection inspection but differ in unladen mass or container size, the design dossiers for modified motor vehicles are not required and the acceptance for the modified motor vehicles shall be conducted to record according to reality in accordance with applicable regulations for: dimensions of the container and unladen mass. The volume of goods allowed to be transported in traffic shall be calculated and recorded corresponding to the change in the actually changed unladen mass. The application dossier for acceptance only comprises the written request for acceptance of the modified motor vehicle, made according to the form specified in Appendix VII to this Circular;
b) For motor vehicles currently in circulation with one of the following factors: unladen mass, structure, container size, and outer dimensions that is different from the most recently issued certificate of technical safety and environmental protection inspection, a technical design dossier for the modified motor vehicle must be prepared to carry out design appraisal and acceptance procedures for the motor vehicle to record changes. The application dossier for acceptance only comprises the documents specified at Points a and b Clause 1 of this Article.”.
9. To amend and supplement Article 11 of Circular No. 85/2014/TT-BGTVT (amended and supplemented under Clause 6 Article 7 of Circular No. 16/2022/TT-BGTVT) as follows:
“Article 11. Grant of modification certificates
1. After being modified, the motor vehicle must be accepted and inspected in accordance with Appendix VI to this Circular. If the results are satisfactory, a modification certificate with 02 sheets shall be issued to complete the inspection procedures and granted to the vehicle owner to carry out procedures for renewing the vehicle registration certificate, and at the same time an inspection certificate, technical safety and environmental protection inspection stamp for road motor vehicles shall be granted according to regulations.
2. In case a motor vehicle is inspected at the next inspection from the time of satisfactory acceptance, if the vehicle owner has not yet renewed the vehicle registration certificate as prescribed, the motor vehicle registration unit shall refuse the inspection.
3. In case the modification certificate is lost, the vehicle owner or authorized person as prescribed by law must send a written notice to the registration unit that has conducted the acceptance test, with certification from the public security agency of the place where such certificate is lost, and carry out search notices on mass media. After 30 days from the date the registration unit receives the written notice, if the lost documents cannot be found, the vehicle owner or authorized person as prescribed by law shall make declaration according to the form specified in Appendix XIV to this Circular along with relevant documents and evidence of the search notice, written certification from the public security agency to the registration unit to have the modification certificate reprinted within 1 working day from the date of declaration. In case the modification certificate is damaged or torn, the vehicle owner or authorized person as prescribed by law shall make declaration according to the form prescribed in Appendix XIV to this Circular and return the damaged or torn modification certificate to the registration unit that has conducted the acceptance test to be reprinted within 1 working day from the date of declaration.
4. The modification certificate shall be printed from the motor vehicle modification management software program.”.
10. To amend and supplement Clauses 1 and 3 Article 12; to add Clauses 7 and 8 Article 12 of Circular No. 85/2014/TT- BGTVT as follows:
a) To amend and supplement Clause 1 Article 12 as follows:
“1. To organize inspection and provide professional support to organizations and individuals in implementing this Circular. To handle or recommend handling according to competence in case of detecting violations. To log warning information for organizations and individuals involved in motor vehicle modification activities that violate the provisions of this Circular into the motor vehicle modification management software program.”.
b) To amend and supplement Clause 3 Article 12 as follows:
“3. To appraise the design in accordance with this Circular.”.
c) To add Clause 7 Article 12 as follows:
7. To manage the list of organizations and individuals involved in motor vehicle modification activities nationwide.”.
d) To add Clause 8 to Article 12 as follows:
“8. To provide login accounts for the motor vehicle modification management software program for those who appraise the design and conduct the acceptance of modified motor vehicles in accordance with this Circular and publish the list of account holders on the website of the Vietnam Register.”.
11. To amend and supplement Clause 1 Article 13 and add Clause 5 Article 13 of Circular No. 85/2014/TT-BGTVT as follows:
a) To amend and supplement Clause 1 Article 13 as follows:
“1. To appraise the motor vehicle modification designs in accordance with this Circular. To carry out inspection and examination of organizations and individuals involved in motor vehicle modification activities in the locality. To upload warning information to the modified motor vehicle management software program for organizations and individuals with violations detected during the process of design appraisal, inspection and examination.”.
b) To add Clause 5 Article 13 as follows:
“5. To manage information of organizations and individuals related to motor vehicle modification activities under the management.”.
12. To amend and supplement Clause 1 Article 14; to add Clauses 7 and 8 Article 14 of Circular No. 85/2014/TT- BGTVT as follows:
a) To amend and supplement Clause 1 Article 14 as follows:
“1. To accept and issue modification certificates in accordance with this Circular. To post warning information for modification facilities and design facilities that violate the provisions of this Circular to the modified motor vehicle management software program.”.
b) To add Clause 7 Article 14 as follows:
“7. To appoint registrars to participate in professional training for registrars to perform acceptance of modified motor vehicles.”.
c) To add Clause 8 Article 14 as follows:
“8. When accepting the modified motor vehicle using the same design dossiers, the accepting registration unit shall check, compare and accept the modified motor vehicle only when the pre-modified motor vehicle has the same brand, type number, and technical specifications as the pre-modified motor vehicle according to the appraised design dossiers. In case the written consent for sharing design is found to be unsuitable for a modified motor vehicle, the accepting registration unit shall issue a notice of failure made according to the form specified in Appendix XV to this Circular to the vehicle owner or authorized person as prescribed by law, and at the same time post warning information for the violating design facility to the modified motor vehicle management software program and provide vehicle warning on the inspection management program.”.
13. To add Article 14a to Circular No. 85/2014/TT-BGTVT as follows:
“Article 14a. Responsibilities of the vehicle owner
1. To use the documents specified in Clauses 5 and 6 Article 14b to carry out the modification and acceptance of modified motor vehicles in accordance with this Circular.
2. To participate with the registration unit in the acceptance process including vehicle and driver preparation.
3. To use the vehicle for the correct purpose of modifying the motor vehicle.”.
14. To add Article 14b to Circular No. 85/2014/TT-BGTVT as follows:
“Article 14b. Responsibilities of design facilities
1. To carry out the design in compliance with the regulations in this Circular.
2. To be responsible for the accuracy, calculation methods, and calculation results in the design dossiers, and must fully sign the technical drawings of the design dossiers after completing the design, check, sign and stamp on the design dossiers.
3. To be responsible for the accuracy of technical dossiers and documents provided with design dossiers to the design-appraising agency; survey content on the current state of pre-modified motor vehicles; to edit and supplement design dossiers at the request of the design-appraising agency.
4. Not to prepare and submit more than one design dossier for a vehicle per modification.
5. To issue copies of the design appraisal certificate and appraised design dossiers or electronic copies for the online public service system to vehicle owners to serve the modification and acceptance of modified motor vehicles.
6. To provide the vehicle owner with a written agreement to use a copy of the design dossier that is designed by the design facility and has been appraised by the design-appraising agency, issue a design appraisal certificate in accordance with this Circular for motor vehicles with the same brand, type number, and technical specifications as the pre-modified motor vehicle, for use as a basis for modification and acceptance of modified motor vehicles in accordance with this Circular. The written consent shall be kept at the design facility and concurrently sent to the design-appraising agency for synthesis, monitoring, and management.”.
15. To add Article 14c to Circular No. 85/2014/TT-BGTVT as follows:
“Article 14c. Responsibilities of modification facilities
1. To carry out modification of motor vehicles according to the appraised design, ensuring that the modified motor vehicles meet the requirements for technical safety and environmental protection as prescribed in this Circular.
2. To take responsibility for the origin and quality of components, complete components, and materials for the modification.
3. To take responsibility for the ex-factory inspection of modified motor vehicles and preparing the factory acceptance record of the modified motor vehicles in accordance with Clause 3 Article 9 of this Circular.
4. To take responsibility for the accuracy of dossiers and documents as prescribed in Clause 1 Article 10 of this Circular to provide vehicle owners to submit the application dossiers for acceptance of modified motor vehicles to the accepting agency.
5. To use the results of weighing the mass of vehicles distributed on each axle by a unit with the function of weighing mass as prescribed by the law on measurement or by the modification facility that equips itself with weighing equipment meeting requirements of the law on measurement.”.
16. To amend and supplement Article 16 of Circular No. 85/2014/TT-BGTVT as follows:
“Article 16. Record-keeping
Design appraisal dossiers and acceptance dossiers for modified motor vehicles shall be fully archived in accordance with regulations.
1. Design appraisal dossiers shall be stored at the design-appraising agency and destroyed after 20 years, except for design appraisal certificates of modified motor vehicles. Archived design appraisal dossiers include the following:
a) 01 set of modified motor vehicle design dossiers in case of submitting dossiers and returning results directly or via postal system or electronic copies printed from the online public service system, design appraisal certificate of the modified motor vehicle design;
b) Documents specified at Points a, c, d Clause 4 Article 7 in case of submitting dossiers and returning results directly or via the postal system or electronic copies printed from the online public service system.
2. Acceptance dossiers shall be stored at the accepting agency and destroyed after 20 years, except for copies of the modification certificates. The archived acceptance dossiers include the following components:
a) Copy of Sheet 2 of the modification certificate;
b) Minutes of inspection of technical safety and environmental protection of the modified motor vehicle;
c) Documents and dossiers specified in Clause 1 Article 10 of this Circular in case of submitting dossiers and returning results directly or via the postal system or electronic copies printed from the online public service system.
d) Photos of the skeleton and other details and parts (in cases where the skeleton structure of the vehicle body and trunk must be pre-accepted).”.
Article 2. Supplementing, replacing and repealing a number of phrases, clauses and appendices to Circular No. 85/2014/TT-BGTVT
1. To replace the phrase “certificates of technical safety and environmental protection quality for modified motor vehicles” in the title of Chapter III, Clause 5 Article 14 of Circular No. 85/2014/TT-BGTVT with the phrase “certificates of technical safety and environmental protection for modified motor vehicles”.
2. To replace Appendices II, IV, V, VI, VII, IX, X to Circular No. 85/2014/TT-BGTVT with Appendices I, II, III, IV, V, VI, VII to this Circular.
3. To add Appendices XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX to Circular No. 85/2014/TT-BGTVT with Appendices VIII, IX, X, XI, XII, XIII, XIV, XV, XVI to this Circular.
4. To repeal Clauses 6, 7, 14, 15,17, 22 and 23 Article 4; Clauses 2, 6 and 7 Article 6; Clause 2 Article 7 of Circular No. 85/2014/TT-BGTVT.
Article 3. Effect and organization of implementation
1. This Circular takes effect from February 15, 2024.
2. Transitional provisions
a) Certificates of design appraisal for modified motor vehicles and design dossiers issued before the effective date of this Circular shall continue to be used for modification and acceptance;
b) In case legal normative documents, technical regulations and standards referred to in this Circular are amended, supplemented or replaced, the new ones shall prevail.
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./.
| FOR THE MINISTER
THE DEPUTY MINISTER
Le Dinh Tho |
Vietnamese