Circular 30/2024/TT-BGTVT amend Circular 16/2021/TT-BGTVT, Circular 03/2018/TT-BGTVT technical safety and environmental protection inspection of cars

CIRCULAR

Amending and supplementing a number of articles of the Minister of Transport's Circular No. 16/2021/TT-BGTVT dated August 12, 2021, providing regulations on technical safety and environmental protection inspection of road motor vehicles, and the Minister of Transport's Circular No. 03/2018/TT-BGTVT dated January 10, 2018, prescribing the technical safety quality and environmental protection inspection for imported automobiles regulated by Decree No. 116/2017/ND-CP

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

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

Pursuant to the Government’s Decree No. 116/2017/ND-CP dated October 17, 2017, prescribing the conditions for manufacture, assembly and import of automobiles and provision of automobile warranty and maintenance services;

Pursuant to the Government’s Decree No. 132/2008/ND-CP dated May 31, 2008, detailing a number of articles of the Law on Product and Goods Quality;

The Government’s Decree No. 86/2012/ND-CP dated October 19, 2012, detailing and guiding the implementation of a number of articles of the Law on Measurement;

Pursuant to the Government's Decree No. 69/2018/ND-CP dated May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management;

Pursuant to the Government's Decree No. 56/2022/ND-CP dated August 24, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Science, Technology and Environment Department and the Director of the Vietnam Register;

The Minister of Transport promulgates the Circular amending and supplementing a number of articles of the Minister of Transport's Circular No. 16/2021/TT-BGTVT dated August 12, 2021, providing regulations on technical safety and environmental protection inspection of road motor vehicles, and the Minister of Transport's Circular No. 03/2018/TT-BGTVT dated January 10, 2018, prescribing the technical safety quality and environmental protection inspection for imported automobiles regulated by Decree No. 116/2017/ND-CP.

Article 1. Amending and supplementing a number of articles of the Minister of Transport's Circular No. 16/2021/TT-BGTVT dated August 12, 2021, providing regulations on technical safety and environmental protection inspection of road motor vehicles (hereinafter referred to as Circular No. 16/2021/TT-BGTVT), the Minister of Transport's Circular No. 02/2023/TT-BGTVT dated March 21, 2023, amending and supplementing a number of articles of Circular No. 16/2021/TT-BGTVT (hereinafter referred to as Circular No. 02/2023/TT-BGTVT), Circular No. 08/2023/TT-BGTVT dated June 2, 2023, of the Minister of Transport, amending and supplementing a number of articles of Circular No. 16/2021/TT-BGTVT (hereinafter referred to as Circular No. 08/2023/TT-BGTVT)

1. To amend and supplement Clause 11, Article 3 of Circular No. 16/2021/TT-BGTVT as follows:

“11. Inspection Management Program include software programs that are developed by the Vietnam Register to manage the inspection database and motor vehicle inspection activities, and used by inspection units and the Vietnam Register.”.

2. To amend and supplement Point a, Clause 1, Article 6 of Circular No. 16/2021/TT-BGTVT (amended and supplemented under Clause 2, Article 1 of Circular No. 02/2023/TT-BGTVT) as follows:

“a) Produce vehicle registration paper: an original vehicle registration certificate granted by the competent state agency, or original receipt of keeping the original vehicle registration certificate (with a copy of the vehicle registration certificate) of a credit institution or copy of the vehicle registration certificate confirmed by a financial leasing or lending institution as prescribed by law or an appointment letter for issuance of the vehicle registration certificate;”.

3. To amend and supplement Clause 1, Article 7 of the Circular No. 16/2021/TT-BGTVT as follows:

“1. Inspection contents and methods, defects and evaluation criteria of motor vehicles are specified in Appendix II to this Circular.”.

4. To amend and supplement Point d, Clause 1, Article 8 of Circular No. 16/2021/TT-BGTVT (amended and supplemented under Clause 3, Article 1 of Circular No. 08/2023/TT-BGTVT) as follows:

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

In case a motor vehicle, that is exempted from initial inspection, has only an appointment letter for the issuance of the vehicle registration certificate, the registration center shall issue an initial inspection sticker and concurrently issue an appointment letter to return the inspection certificate to the vehicle owner according to the form specified in Appendix VII to this Circular. When the vehicle owner presents the vehicle registration paper (original vehicle registration certificate issued by a competent state agency, or a credit institution’s original copy of the written confirmation of keeping the original vehicle registration certificate (enclosed with a vehicle registration certificate copy), or a copy of the vehicle registration certificate certified by a financial leasing institution), the registration center shall make a copy of the registration certificate or credit institution’s original copy of the written confirmation of keeping the original vehicle registration certificate (enclosed with a vehicle registration certificate copy) of the mortgaged vehicle, or a copy of the vehicle registration certificate certified by a financial leasing institution to be kept in the vehicle and inspection dossiers, and return the inspection certificate. In case where the motor vehicle has been granted with the initial inspection certificate and inspection sticker, the inspection certificate and inspection sticker shall not be issued.

For motor vehicles subject to inspection, the inspection centers shall carry out the inspection in accordance with Clauses 2 and 3 of this Article, and take photograph of such motor vehicles for archiving (the time may be displayed on the photos): 02 overall photos clearly showing the number plate of the motor vehicle (01 photo at a diagonal angle of about 45 degrees from the front next to the vehicle and 01 photo from the back of the opposite corner).”.

5. To amend and supplement Point a, Clause 1, Points b and c, Clause 3, Clause 5, Article 9 of Circular No 16/2021/TT-BGTVT (amended and supplemented under Point a, Clause 4, Article 1 of Circular No. 08/2023/TT-BGTVT and Point c, Clause 4, Article 1 of Circular No. 02/2023/TT-BGTVT) as follows:

a) To amend and supplement Point a, Clause 1, Article 9 of Circular No. 16/2021/TT-BGTVT (amended and supplemented under Point a, Clause 4, Article 1 of Circular No. 08/2023/TT-BGTVT) as follows:

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

b) To amend and supplement Point b, Clause 3, Article 9 of Circular No. 16/2021/TT-BGTVT as follows:

“b) Motor vehicles undergoing the process of completing the region changing dossiers; motor vehicles granted with an certificate of technical safety and environmental protection quality for modified motor vehicles or certificate of technical safety and environmental protection for modified motor vehicles but undergoing the process of renewing the Vehicle Registration Certificate; newly assembled motor vehicles with a factory quality note; imported motor vehicles granted with an certificate of technical safety and environmental protection quality for imported motor vehicles.”.

c) To amend and supplement Point c, Clause 3, Article 9 of the Circular No. 16/2021/TT-BGTVT as follows:

“c) For unused motor vehicles wishing to join traffic for scientific research, research for production purposes or for testing before emission testing, when inspected, the vehicle owner must provide the following documents: Document requesting technical safety and environmental protection inspection of motor vehicles for research and testing purposes according to the form specified in Appendix XXII to this Circular and the manufacturer’s factory quality control slip (in case of imported motor vehicles, a notarized translation must be attached) or documents proving that the motor vehicle has been tested for at least 3,000 km, along with the results of the self-inspection of the vehicle after the test run to ensure technical safety.”.

d) To amend and supplement Clause 5, Article 9 of Circular No. 16/2021/TT-BGTVT (amended and supplemented under Point c, Clause 4, Article 1 of Circular No. 02/2023/TT-BGTVT) as follows:

“5. Handling cases where the inspection certificate and inspection sticker are still valid but are lost, damaged, torn or have incorrect information as follows:

a) In case the initial inspection certificate or initial inspection sticker of the motor vehicle exempted from inspection is lost, within 07 working days from the date on which the initial inspection certificate or initial inspection sticker is granted, the vehicle owner or his/her lawfully authorized person shall make declaration at an inspection center according to the form specified in Appendix I to this Circular to have only one re-printed inspection certificate or inspection sticker. The vehicle owner is not required to bring his/her vehicle to the inspection center but must pay the fee of re-printing the inspection certificate or inspection sticker in accordance with Circular No. 11/2024/TT-BGTVT dated April 26, 2024, of the Minister of Transport, on the service prices for preparation of vehicle dossiers for motor vehicles eligible for initial inspection exemption and re-printing of motor vehicle inspection certificates and stickers (hereinafter referred to as Circular No. 11/2024/TT-BGTVT). The vehicle owner is not required to pay the fee for grant of certificate of inspection of technical safety and environmental protection of motor vehicles under 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 (amended and supplemented under Circular No. 36/2022/TT-BTC);

b) In case where the inspection certificate or inspection sticker of the motor vehicle is lost (except for the cases where both the inspection certificate and inspection sticker of the motor vehicle are lost, or in cases as prescribed at Point a, Clause 5 of this Article), or damaged or torn, the vehicle owner must bring the remaining inspection certificate or inspection sticker (in cases of damage or tearing, both the inspection certificate or inspection sticker must be presented) to the inspection center that has issued the inspection certificate or inspection sticker. The vehicle owner must submit the inspection certificate or inspection sticker and make a declaration according to the form in Appendix I to this Circular to be re-printed the inspection certificate or sticker within 01 working day from the time of declaration. The vehicle owner is not required to bring his/her vehicle to the inspection center but must pay the cost of reprinting the inspection certificate or inspection sticker as prescribed in Circular No. 11/2024/TT-BGTVT and is not required to pay the fee for grating a certificate of inspection of technical safety and environmental protection of motor vehicles as prescribed in Circular No. 199/2016/TT-BTC (amended and supplemented under Circular No. 36/2022/TT-BTC);

c) If the inspection certificate and inspection sticker have information that is different from the vehicle dossier due to the incorrect printing by the vehicle registration center, the vehicle owner must return the inspection certificate and inspection sticker to the registration center that has issued them for reprinting within 01 working day from the time of submission. The vehicle owner is not required to bring his/her vehicle to the inspection center but must pay the cost of reprinting the inspection certificate or inspection sticker as prescribed in Circular No. 11/2024/TT-BGTVT and is not required to pay the fee for grating a certificate of inspection of technical safety and environmental protection of motor vehicles as prescribed in Circular No. 199/2016/TT-BTC (amended and supplemented under Circular No. 36/2022/TT-BTC); The inspection center shall take responsibility for revoking the previously granted inspection certificate and inspection sticker of the motor vehicle and notifying in writing to the Vietnam Register and provincial-level Department of Transport.”.

6. To amend and supplement Article 10 of Circular No. 16/2021/TT-BGTVT as follows:

“Article 10. Grant of inspection printouts

1. Inspection centers shall request the issuance of inspection printouts on the Public Service Portal and electronic single-window information system of the Ministry of Transport according to the form specified in Appendix XII to this Circular, between the 15^th and the 20^th of the last month of each quarter.

2. The Vietnam Register shall, based on the demand and inspection capacity of the inspection centers, send inspection printouts through the public postal service or deliver them directly to the inspection centers. The implementation period is from the 23^rd to the 30^th of the last month of each quarter.

3. In case of requesting for additional issuance, the inspection centers shall request for additional issuance of inspection printouts on the Public Service Portal and electronic single-window information system of the Ministry of Transport according to the form specified in Appendix XII to this Circular. The Vietnam Register shall send the inspection printouts through the public postal service or deliver them directly to the inspection enters within 15 days from the date of receiving the request for additional inspection printouts.”.

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

“Article 11. Inspection report

1. Report on inspection results

a) Name of the report: Report on inspection result;

b) Report requirements: according to the report form specified in Appendix XIII to this Circular;

c) Reporting subjects: registration centers;

d) Report-receiving agencies: Vietnam Register and provincial-level Departments of Transport;

dd) Methods of sending and receiving reports: Reports shall be sent directly or via public postal service or email system;

e) Deadline: Reports must be submitted before the 20^th of the last month of the quarter;

g) Frequency: Reports must be submitted quarterly;

h) Time for closing the reporting data: from the 15^th of the last month of the previous quarter to the 14^th of the last month of the quarter of the reporting period.

2. Reports on the list of automobiles of which the lifetime limits have been reached

a) Name of the report: reports on the list of automobiles of which the lifetime limits have been reached;

b) Report requirements: according to the report form specified in Appendix XIV to this Circular.

c) Reporting subjects: registration centers;

d) Report-receiving agencies: Vietnam Register and provincial-level Departments of Transport;

dd) Methods of sending and receiving reports: Reports shall be sent directly or via public postal service or email system;

e) Deadline: before the 20^th of January every year for reports on the list of automobiles of which the lifetime limits have been reached;

g) Frequency: Reports must be submitted annually;

h) Time for closing the reporting data: Number of automobiles of which the lifetime limits have been reached from January 1^st of the reporting year, for reports on the list of automobiles of which the lifetime limits have been reached.

3. Irregular reports at the request of competent agencies.”.

8. To amend and supplement Point c, Clause 6, Article 12 of Circular No. 16/2021/TT-BGTVT as follows:

“c) Motor vehicles to be inspected must be recorded during the inspection process on the line and stored at the inspection centers. Video of IP cameras monitoring the inspection process on the line must be stored at the inspection centers in the form of video for at least 30 days from the date of inspection.”.

9. To amend and supplement Clause 5, Article 14 of Circular No. 16/2021/TT-BGTVT as follows:

“5. Planning, printing, managing, granting and providing printouts.”.

10. To amend and supplement Clause 18, Article 16 of Circular No. 16/2021/TT-BGTVT (amended and supplemented under Clause 7, Article 1 of Circular No. 02/2023/TT-BGTVT) as follows:

“18. Coordinate in reprinting and re-granting inspection certificates and inspection stickers if the initial certificates and stickers are lost, but still remain valid as specified at Point a, Clause 5, Article 9 of this Circular.”.

Article 2. Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 03/2018/TT-BGTVT dated January 10, 2018, prescribing the technical safety quality and environmental protection inspection for imported automobiles regulated by Decree No. 116/2017/NDCP

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

“2. For imported automobiles which are damaged during the transportation from abroad to Vietnam, importing enterprises may repair as follows:

a) Repair or replace with unused spare parts and components of the same type in cases where the vehicle body, cabin, or cargo hold is dented, has scratched paint, or shows localized oxidation but is not worm-eaten or punctured;

b) Replace with unused and spare parts and components of the same type in cases where: windshields, door glass, and windows glass are cracked or broken; lighting system and signal are cracked or broken; control relays are missing; rearview mirrors are cracked or broken; wipers are damaged or not working properly; engine starting battery does not work; tires are punctured or torn.”.

Article 3. Annulling, replacing and supplementing a number of points, clauses, articles and Appendices to Circular No. 16/2021/TT-BGTVT and Circular No. 08/2023/TT-BGTVT

1. To annul Point a, Clause 3, Article 9 of Circular No. 16/2021/TT-BGTVT.

2. To replace Appendices I and II (replaced by Appendices I and II to Circular No. 08/2023/TT-BGTVT), Appendices XIII, XIV, XV and XVIII with Appendices I, II, III, IV, V, and VI to this Circular.

3. To add Appendix XXII to Circular No. 16/2021/TT-BGTVT with Appendix VII to this Circular.

4. To replace the phrase “vehicle registration paper” with the phrase “vehicle registration certificate” at:

a) Point b, Clause 6, Article 8, Clause 2, Article 9, Point e, Clause 1, Article 12 and Appendix IV of Circular No. 16/2021/TT-BGTVT;

b) Appendix III of Circular No. 16/2021/TT-BGTVT (replaced by Appendix III to Circular No. 08/2023/TT-BGTVT).

5. To replace the phrase “Certificate of technical safety and environmental protection quality for converted motor vehicles” with the phrase “Certificate of technical safety and environmental protection quality for modified motor vehicles or certificate of technical safety and environmental protection for modified motor vehicles” at:

a) Point c, Clause 1, Article 6 of Circular No. 16/2021/TT-BGTVT (amended and supplemented under Clause 2, Article 1 of Circular No. 02/2023/TT-BGTVT);

b) Point b, Clause 5, Article 8, Point c, Clause 1, Article 12 and Appendix IV of Circular No. 16/2021/TT-BGTVT.

Article 4. Implementation provisions

1. This Circular takes effect from October 1, 2024.

2. Chief of the Ministry Office, Chief of the Ministry Inspector, Directors of Departments, Director of the Vietnam Register, Director of the Department for Roads of Vietnam, Directors of Departments of Transport of provinces and centrally-run cities, Heads of relevant agencies, organizations and individuals shall implement this Circular./.