Decision 62/QD-BGTVT 2024 publication of amended registration-related administrative procedures

DECISION

On publication of amended and supplemented registration-related administrative procedures under the management of the Ministry of Transport

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THE MINISTER OF TRANSPORT

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

Pursuant to the Government’s Decree No. 63/2010/ND-CP dated June 08, 2010, on controlling administrative procedures;

Pursuant to the Government’s Decree No. 48/2013/ND-CP dated May 15, 2017, amending and supplementing a number of articles of Decrees concerning control of administrative procedures;

Pursuant to the Government’s Decree No. 92/2017/ND-CP dated August 7, 2017, amending and supplementing a number of articles of the decrees concerning control of administrative procedures;

At the proposal of the Chief of the Ministry’s Office and the General Director of the Vietnam Register.

DECIDES:

Article 1. To publicize together with this Decision amended and supplemented registration-related administrative procedures under the management of the Ministry of Transport.

Article 2. This Decision takes effect from February 15, 2024.

Article 3. The Chief of the Ministry’s Office, Chief Inspector of the Ministry, Directors, General Director of the Vietnam Register, Directors of the provincial-level Departments of Transport, heads of relevant agencies, units and individuals shall implement this Decision./.

AMENDED AND SUPPLEMENTED REGISTRATION-RELATED PROCEDURES UNDER THE MANAGEMENT OF THE MINISTRY OF TRANSPORT

(Attached to Decision No. 62/QD-BGTVT dated January 19, 2024, of the Minister of Transport)

PART I. LIST OF ADMINISTRATIVE PROCEDURES

1. List of amended and supplemented registration-related administrative procedures under the management of the Ministry of Transport

PART II. SPECIFIC CONTENTS OF EACH ADMINISTRATIVE PROCEDURES UNDER THE MANAGEMENT OF THE MINISTRY OF TRANSPORT

1. Grant of certificates of design appraisal of motor vehicles

1.1. Order of implementation:

a) Submission of administrative procedure dossiers:

- The design facility shall submit an application dossier for design appraisal to the Vietnam Register or provincial-level Department of Transport (design-appraising agency).

b) Settlement of administrative procedures:

- The design-appraising agency shall receive and check the dossier components: In case the dossier is incomplete as prescribed, it shall instruct the organization or individual to supplement and complete the dossier within the working day (for the case of direct submission of dossier, and submission of dossier via online public service system), or notify and provide instructions to complete the dossier within 2 working days (for the case of submission of dossier via postal system). In case the dossier is complete, it shall grant the receipt note (grant the original for the case of direct submission of dossier and submission of dossier via postal system, or grant an electronic copy for the case of submission of dossier via the online public service system);

- 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;

- 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. 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. 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;

- The design-appraising agency shall record in the control sheet for the entire design appraisal process as prescribed;

- 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;

- The design-appraising agency and acceptance agency shall archive one original copy of the approved design dossier and one original copy of the design appraisal certificate (the original); the design facility and construction facility shall archive one copy of the approved design dossier with the design facility’s certification, in case of submitting dossiers, and returning results directly or via postal system.

1.2. Method of implementation:

- Direct submission of dossiers at the head office of the design-appraising agency, or submission of dossiers via postal system, or online public service system.

1.3. A dossier components and number of dossiers:

a) A dossier must comprise:

- A written request for design appraisal, made according to the form (the original; or electronic form in case of submitting the dossier via online public service system);

- Design dossier (2 sets, in case of direct submission of dossiers at the head office of the design-appraising agency, or submission of dossiers via postal system; or 1 set of e-dossier, in case of submission of dossiers via online public service system). A design dossier for a modified motor vehicle must comprise:

+ An explanation of motor vehicle technical design according to regulations (original copy in case of direct submission or submission via postal system; or electronic document in case of submission via online public service system);

+ A technical drawing according to regulations (original copy in case of direct submission or submission via postal system; or electronic document in case of submission via online public service system);

- Documents on specifications and technical features of the modified motor vehicle and its components and systems for modification and replacement (copies certified by the design facility or electronic copies in case of submission of dossiers via online public service system);

- Any of the following papers: Automobile registration certificate; note of transfer of ownership or relocation (for cases where name transfer or relocation procedures are in progress); certificate of technical safety and environmental protection quality for an imported motor vehicle or documents certifying completion of import procedures (for used motor vehicles that are allowed to be imported without license plates) (Copy certified by the design facility or electronic copy in case of submitting documents via the online public service system).

b) Number of dossiers: 1 set.

1.4. Time limit for settlement:

- In case the design meets the requirements: After 5 working days, from the date of receiving the complete design dossier, the design-appraising agency 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.

- In case where the design dossier is complete but there is a content that needs to be modified: 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.

1.5. Administrative procedure-complying subjects: Organizations and individuals.

1.6. Administrative procedure-implementing agencies:

a) Agencies competent to make decisions: The Vietnam Register, provincial-level Department of Transport;

b) Competent agency or person authorized or decentralized for implementation: N/A;

c) Agency directly implementing administrative procedures: The Vietnam Register, provincial-level Department of Transport;

d) Coordinating agency: N/A.

1.7. Administrative procedure implementation results:

- Certificates of design appraisal for modified motor vehicles.

1.8. Charge, fee and price:

- Fee rate for grant of a certificate of design appraisal for a modified motor vehicle is VND 40,000 (for automobile with under 10 seats: VND 90,000/a certificate);

- Charge rate for appraisal of the design of a modified special-use motor vehicle or motorbike: VND 300,000.

1.9. Name of the form, administrative declaration:

- A written request for design appraisal.

1.10. Requirements and conditions for implementing administrative procedures: N/A.

1.11. Legal grounds for administrative procedures:

- The Minister of Transport's Circular No. 85/2014/TT-BGTVT dated May 13, 2014, on modification of road motor vehicles;

- The Minister of Transport's Circular No. 16/2022/TT-BGTVT dated June 30, 2022, amending and supplementing a number of articles of Circulars relating to registration;

- The Minister of Transport's Circular No. 43/2023/TT-BGTVT dated December 29, 2023, amending and supplement 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;

- The Minister of Finance's Circular No. 199/2016/TT-BTC dated November 8, 2016, prescribing the rates, collection, remittance, management of fees for grant of quality and technical safety assurance certificates for transport machinery, equipment, means with strict requirements on safety;

- The Minister of Finance's Circular No. 36/2022/TT-BTC dated June 16, 2022, amending and supplementing a number of articles of Circular No. 199/2016/TT-BTC dated November 08, 2016, prescribing the rates, collection, remittance, management of fees for grant of quality and technical safety assurance certificates for transport machinery, equipment, means with strict requirements on safety;

- The Minister of Finance's Circular No. 238/2016/TT-BTC dated November 11, 2016, prescribing prices for technical safety and environmental protection inspection services of currently circulating motor vehicles, special-use equipment and vehicles; assessment and calibration of equipment inspecting motor vehicles;

- The Minister of Finance's Circular No. 55/2022/TT-BTC dated August 24, 2023, amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 238/2016/TT-BTC dated November 11, 2016, prescribing prices for technical safety and environmental protection inspection services of currently circulating motor vehicles, special-use equipment and vehicles; assessment and calibration of equipment inspecting motor vehicles.

Form: Request for design appraisal

To: The Vietnam Register/Department of Transport of ........

Pursuant to the Minister of Transport's Circular No. ..../2014/TT-BGTVT dated .... ......, 2014, on modification of road motor vehicles.

(The design facility) with a business registration certificate No. ..... issued by (issuing agency) on ....., requests the Vietnam Register (provincial-level Department of Transport) to appraise the design of the modified motor vehicle as follows:

- Design name: .................. (design name) ................

- Design code: ..................... (design code) .................

1. Motor vehicle characteristics:

- License plate (if the license plate has been granted):

- Frame number:

- Engine number:

- Brand - type number:

2. Principal modifications:

 (Summary of modification design of the motor vehicle)

3. Specification before and after modification:

 (The design facility) shall take responsibility for the design and dossier of the modified motor vehicle.

2. Grant of certificates of quality, technical safety and environmental protection for modified motor vehicles

2.1. Order of implementation:

a) Submission of administrative procedure dossiers:

- An organization or individual shall submit an acceptance dossier of the modified motor vehicle to the motor vehicle registration unit.

b) Settlement of administrative procedures:

- The motor vehicle registration unit shall receive and check the dossier: 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 of dossiers), or notify and provide instructions on completion of the dossier within 2 working days (in case of submission of dossiers via postal system or other appropriate methods);

- If the dossier is complete as prescribed, it shall conduct the acceptance test of the modified motor vehicle. If the acceptance test result meets the requirements, it shall grant a modification certificate to such organization or individual within 3 working days from the date of ending the acceptance test. In case of refusal, it shall notify in writing and clearly state the reason to the organization or individual after 2 working days from the date of obtaining the acceptance test result;

- An organization or individual may submit dossiers and receive results directly at the head office of the motor vehicle registration unit, or via the postal system or other appropriate methods.

1.2. Method of implementation:

- Direct submission at the head office of the motor vehicle registration unit, or via the postal system or other appropriate methods.

1.3. A dossier components and number of dossiers:

a) A dossier must comprise:

- A written request for acceptance of the modified motor vehicle, made according to the prescribed form;

- An appraised original design or appraised electronic design (for design appraisal results returned via the online public service system). In case of exemption from design as prescribed in Clauses 3, 4 and 6 Article 6 of Circular No. 85/2014/TT-BGTVT, an overall drawing of the modified motor vehicle made by the modification facility is required;

- Overall photo taken at a 45-degree angle of the front and opposite rear corners of the modified motor vehicle; detailed photos of systems and total modification results;

- Factory acceptance record of the modified motor vehicle;

- List of components and new replacement systems, made according to the prescribed form;

- Certified copy of the modification facility's documents of specifications and technical features of the modified motor vehicle, components, systems of modification, replacement and documents confirming the origin of the systems, total modification;

- Certificate of quality and technical safety for cranes, tanks carrying dangerous goods, tanks carrying compressed air, liquefied petroleum gas and special-use equipment according to regulations (for modified motor vehicles with the same brand, type number, specifications and being modified by the same modification facility, the same design can be used; in case the acceptance test is performed by the same acceptance agency, such dossier components are not required);

- Document from the design-appraising agency agreeing to use the appraised design for modification (for modified motor vehicles with the same brand, type number, specifications and modified by the same modification facility, the same design shall be used, and the acceptance test shall be performed by the same acceptance agency).

b) Number of dossiers: 1 set.

1.4. Time limit for settlement:

- If the acceptance test result meets the requirements, it shall grant a modification certificate to such organization or individual within 3 working days from the date of ending the acceptance test. In case of refusal, the motor vehicle registration unit shall notify in writing and clearly state the reason to the organization or individual immediately within the working day after obtaining the acceptance test result.

1.5. Administrative procedure-complying subjects Organizations and individuals.

1.6. Administrative procedure-implementing agencies:

a) Agency competent to make decisions: Motor vehicle registration unit;

b) Competent agency or person authorized or decentralized for implementation: N/A;

c) Agency directly implementing administrative procedures: Motor vehicle registration unit;

d) Coordinating agency: N/A.

1.7. Administrative procedure implementation results:

- Certificates of quality, technical safety and environmental protection for modified motor vehicles.

1.8. Charge, fee and price:

- Fee rate for granting the certificate: VND 40,000/a certificate;

- Fee rate for granting the certificate for an automobile with under 10 seats: VND 90,000/a certificate;

- Charge rate for acceptance of change of use purposes (utilities) of a special-use motor vehicle or motorbike: VND 910,000/vehicle;

Charge rate for acceptance of change of systems or components of a special-use motor vehicle or motorbike: VND 560,000/vehicle.

1.9. Name of the form, administrative declaration:

- Request for acceptance of the modified motor vehicle.

1.10. Requirements and conditions for implementing administrative procedures: N/A.

1.11. Legal grounds for administrative procedures:

- The Minister of Transport's Circular No. 85/2014/TT-BGTVT dated May 13, 2014, on modification of road motor vehicles;

- The Minister of Transport's Circular No. 16/2022/TT-BGTVT dated June 30, 2022, amending and supplementing a number of articles of Circulars relating to registration;

- The Minister of Transport's Circular No. 43/2023/TT-BGTVT dated December 29, 2023, amending and supplement 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;

- The Minister of Finance's Circular No. 199/2016/TT-BTC dated November 8, 2016, prescribing the rates, collection, remittance, management of fees for grant of quality and technical safety assurance certificates for transport machinery, equipment, means with strict requirements on safety;

- The Minister of Finance's Circular No. 238/2016/TT-BTC dated November 11, 2016, prescribing prices for technical safety and environmental protection inspection services of currently circulating motor vehicles, special-use equipment and vehicles; assessment and calibration of equipment inspecting motor vehicles;

- The Minister of Finance's Circular No. 55/2022/TT-BTC dated August 24, 2023, amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 238/2016/TT-BTC dated November 11, 2016, prescribing prices for technical safety and environmental protection inspection services of currently circulating motor vehicles, special-use equipment and vehicles; assessment and calibration of equipment inspecting motor vehicles.

Form: Request for acceptance of the modified motor vehicle

REQUEST FOR ACCEPTANCE OF THE MODIFIED MOTOR VEHICLE

(The modification facility) requests (the acceptance agency ....) to carry out the quality test for the modified motor vehicle as follows:

1. Modified motor vehicle characteristics:

- License plate (if the license plate has been granted):

- Frame number:

- Engine number:

- Brand - type number:

2. Grounds for modification: The design code ...... of the (design facility) has been granted with the certificate of design appraisal for the modified motor vehicle No. ..... on ...... by the Vietnam Register, provincial-level Department of Transport.

3. Modifications:

 (Summary of modification design of the motor vehicle)

 (The modification facility) shall take responsibility for the modifications made to the modified motor vehicle.

Form: List of replacing systems and components

LIST OF REPLACING SYSTEMS AND COMPONENTS

License plate:                                               Brand - type number:

Frame number:                                                         Engine number:

Design code: …………………………………….

Note:

 (1) In case of reusing engines of used motor vehicles, the license plates/frame numbers of the vehicles of which the engines are used shall be recorded.

 (2) In case of using imported parts, the manufacturing country shall be recorded; in case of domestically purchasing parts, name and address of the manufacturer shall be recorded.

 (3) Applicable to the details, systems and components requiring certificates.