Thông tư 42/2018/TT-BGTVT sửa đổi Thông tư trong lĩnh vực đăng kiểm

CIRCULAR

AMENDING A NUMBER OF ARTICLES OF CIRCULARS ON REGISTRATION

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

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

Pursuant to the Law on amendments to a number of Articles of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to the Maritime Code dated November 25, 2015;

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

Pursuant to the Law on Environmental Safety dated June 23, 2014;

Pursuant to Decree No.132/2008/ND-CP dated December 31, 2008 of the Government on elaboration of a number of Articles of the Law on Product and Goods Quality and Decree No.74/2018/ND-CP dated May 15, 2018 on amendments to Decree No.132/2008/ND-CP;

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

At the request of Directors of Department of Science and Technology and Vietnam Register;

The Minister of Transport promulgates a Circular amending a number of Articles of Circulars on registration.

Article 1. Amending and annulling a number of Articles of Circular No.89/2015/TT-BGTVT dated December 31, 2015 of the Minister of Transport on technical safety and environmental safety inspection for heavy-duty vehicles (hereinafter referred to as “Circular No.89/2015/TT-BGTVT”)

1. Clause 1 Article 1 shall be amended as follows:

“1. This Circular provides for inspection of technical safety and environmental safety of imported, modified and in-use heavy-duty vehicles".

2. Article 2 shall be amended as follows:

“This Circular applies to agencies, organizations and individuals involved in management and inspection of import, modification and use of heavy-duty vehicles."

3. Article 3 shall be amended as follows:

“Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “heavy-duty vehicles” (hereinafter referred to as “vehicles”) refer to types of vehicles defined in Vietnam Standards TCVN 7772:2007 “Moving engineering construction vehicles and equipment - Classification" and those specified in Circular No.39/2016/TT-BGTVT dated December 06, 2016 of the Minister of Transport on the list of potentially unsafe commodities under management of the Ministry of Transport.

2. “vehicles of the same type” refer to vehicles of the same industrial property rights, trade mark, design, major technical specifications and production country.

3. “quality certificate" refers to one of the following documents: Notice of exemption from technical safety and environmental safety inspection, certificate of technical safety and environmental safety of imported vehicle, notice of non-conformity of imported vehicle with technical safety and environmental safety requirements (hereinafter referred to as “notice of non-conformity”), certificate of appraised modification; certificate of technical safety and environmental safety of modified vehicle.

4. “ safety inspection certificate" refers to a document indicating that the vehicle has been tested and found to satisfy standards, technical regulations and regulations on technical safety and environmental safety.

5. “safety inspection stamp” refers to a symbol granted to a vehicle that has been issued with a safety inspection certificate and permitted on public roads for the period provided in the stamp.

6. “importer” refers to any organization or individual importing the heavy-duty vehicles.

7. “modification design appraisal” refers to considering and verifying whether the information provided in the design dossier conforms to current standards, technical regulations in order to ensure that the modified heavy-duty vehicle satisfies requirements for technical safety quality and environmental inspection.

8. “inspection authority” refers to any center for road motor vehicle registration or sub-department of registration that has sufficient material facilities, equipment and human resources for heavy-duty vehicle inspection as regulated and posted on the website of Vietnam Register.

9. “vehicle owner” refers to any organization or individual owning the heavy-duty vehicle; or the person driving or taking the heavy-duty vehicle to the inspection authority.

10. National technical regulations and standards mentioned herein include:

a) QCVN 13 2011/BGTVT: National technical regulation on quality, safety and environmental safety for heavy-duty vehicles;

b) QCVN 22: 2010/BGTVT: National technical regulation on construction and survey of lifting appliances;

c) QCVN 12 2011/BGTVT: National technical regulation on permitted tolerance and rounding of vehicle dimension and mass;

d) TCVN 7772: National standard on moving engineering construction vehicles and equipment – Classification;

dd) TCVN 4244: National standard on lifting appliances – Design construction and survey.

4. Point b and c Clause 1 Article 4 shall be annulled.

5. Clause 4 Article 5 shall be amended as follows:

“4. Within 04 working days from the receipt of sufficient application and completion of physical inspection, Vietnam Register shall issue a quality certificate.”

6. Point a Clause 1 Article 6 shall be annulled.

7. Clause 3 Article 7 shall be annulled.

8. Chapter III shall be annulled.

9. Clause 3 Article 18 shall be amended as follows:

“3. Time limit for issuance of certificate of quality of modified vehicle: Within 3 working days from the day on which the modified vehicle undergoes acceptance and is found conformable."

10. Clause 4 Article 21 shall be amended as follows:

“4. Issuance of safety inspection certificate and safety inspection stamp

a) The vehicle that meets defined requirements as shown in the inspection result shall be issued with the following documents: Safety inspection certificate and safety inspection stamp according to Forms provided in Appendix XXII and XXII issued together with this Circular. Safety inspection certificate and safety inspection stamps shall be printed out from the heavy-duty vehicle management software;

b) The safety inspection certificate and safety inspection stamp mentioned in Point a this Clause shall be valid for 12 months. The safety inspection certificate and safety inspectional stamp shall have the same serial number;

c) The safety inspection certificate and safety inspection stamp specified in Point a this Clause shall be expired if: the information provided in the safety inspection certificate is inconsistent with actual technical specifications of the vehicle; the vehicle is issued with a new safety inspection certificate; the certificate/stamp is declared to be lost by the vehicle owner; the notice of certificate/stamp revocation is issued by the inspection authority; the vehicle suffers from an accident to the extent that it fails to satisfy requirements for technical safety and environmental safety as regulated or the certificate/stamp gets lost or torn;

d) The safety inspection certificate or safety certificate stamp specified in Point a this Clause that get lost or damaged may be re-issued only if the inspection result shows that the vehicle meets requirements specified in Article 20 of this Circular. The effective period of the safety inspection certificate and safety inspection stamp shall remain unchanged irrespective of change in vehicle owner or operation area.

11. Article 23 shall be amended as follows:

“Article 23. Responsibilities of Vietnam Register

Vietnam Register shall manage, organize and conduct inspection, testing and certification of technical safety and environmental safety of imported; in-use and modified heavy-duty vehicles. Vietnam Register shall take responsibility to:

1. implement this Circular.

2. develop the software for management of imported, modified and in-use heavy-duty vehicle, unify printing and management of specimens of safety inspection certificate, safety inspection stamp and quality certificates specified in this Circular."

12. Article 27 shall be amended as follows:

“Article 27. Responsibility of modifying facilities

1. Comply with current standards and technical regulation when modifying the vehicles and take responsibility for the quality of modified vehicles.

2. Retain the modification dossier for at least 2 years from the day on which the certificate of quality of modified vehicle is issued by Vietnam Register.”

13. Article 30 shall be annulled.

14. Appendix I issued together with Circular No.89/2015/TT-BGTVT shall be replaced with Appendix I issued thereto.

15. Appendix VIII, IX, X, XI, XIII, XIV and XXI issued together with Circular No.89/2015/TT-BGTVT shall be annulled.

Article 2. Amending a number of Articles of Circular No.85/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport providing for modification of road motor vehicles (hereinafter referred to as “Circular No.85/2014/TT-BGTVT”)

1. Clause 4 Article 4 shall be amended as follows:

“4. It is prohibited to modify other types of motor vehicles to passenger vehicles and vice versa, except modification of vehicles for the transport of up to 16 people (including the driver’s seat) to specialized vehicles or vans.”

2. Point c Clause 5 Article 7 shall be amended as follows:

“c) The design appraising agency shall carry out the appraisal as follows: If the design is found conformable, the design appraising agency shall issue a Certificate of design appraisal within 5 working days from the day on which sufficient design documents are received. If no certificate is issued, the design appraising agency shall notify in writing with clear explanation within 2 working days from the day on which the appraisal result is available."

3. Clause 6 Article 12 shall be annulled.

Article 3. Amending and annulling a number of Articles of Circular No.86/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport on conditions applied to low-speed vehicles operating in restricted areas and operators thereof (hereinafter referred to as “Circular No.86/2014/TT-BGTVT”)

1. Point b and c Clause 1 Article 10 shall be annulled.

2. Clause 1 and 2 Article 12 shall be amended as follows:

‘1. The importer shall send an application for inspection specified in Clause 1 Article 10 herein to Vietnam Register directly or by post or via the national single-window system.

2. Vietnam Register shall receive the application and verify information provided therein and notify the result to the importer within 1 working day.

If the application is found satisfactory, Vietnam Register shall specify that in the application form. If the application is found unsatisfactory, Vietnam Register shall instruct the importer to provide additional information.

Vietnam Register and the importer shall mutually agree on the time and place of inspection. The inspection shall be carried out within 5 working days from the date proposed by the importer.”

3. Appendix VI issued together with Circular No.86/2014/TT-BGTVT shall be replaced with Appendix II issued thereto.

4. Clause 8 shall be added after Article 25 as follows:

 “8. Retain the finished product inspection checklist and product quality inspection dossier for at least 3 years from the production of finished vehicles. When destroying such documents, the producer shall do it in such a way that digital data may be accessed for recall purpose."

Article 4. Amending and annulling a number of Articles of Circular No.31/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on technical safety and environmental safety inspection of imported motor vehicles (hereinafter referred to as “Circular No.31/2011/TT-BGTVT”)

1. Copies of the following import documents that are certified by importers are no longer requirements. Sale invoices or equivalent documents; import declaration provided in the application for inspection specified in Point b Clause 1 Article 6 of Circular No.31/2011/TT-BGTVT which is amended in Clause 2 Article 1 of Circular No.55/2014/TT-BGTVT.

2. Point a and b Clause 1 Article 10 shall be amended as follows:

“a) The importer shall send an application for inspection specified in Article 6 hereof to the inspection authority directly or by post or via the national single-window system.

b) The inspection authority shall receive the application and verify information provided therein and notify the result to the importer within 1 working day. If the application is found satisfactory, the inspection authority shall specify that in the application form. If the application is found unsatisfactory, the inspection authority shall instruct the importer to provide additional information.

The inspection authority and the importer shall mutually agree on the time and place of inspection. The inspection shall be carried out within 5 working days from the date proposed by the importer.”

3. Point b Clause 3 Article 10 shall be amended as follows:

 “b) The quality certificate shall be issued within 4 working days from the day on which the vehicle passes the inspection and adequate documents are received."

4. Appendix I issued together with Circular No.31/2011/TT-BGTVT shall be replaced with Appendix III issued thereto.

Article 5. Amending and annulling a number of Articles of Circular No.41/2013/TT-BGTVT dated November 05, 2013 of the Minister of Transport on technical safety quality and environmental safety inspection for electric bicycles (hereinafter referred to as "Circular No.41/2013/TT-BGTVT”)

1. Point b Clause 2 Article 5 shall be annulled.

2. Point c Clause 1 Article 8 shall be amended as follows:

“c) The quality management authority shall check the application for inspection and conformity of production (COP) assessment as specified in Article 6 hereof. If the application is found unsatisfactory, notify the producer for information addition; If the application is found satisfactory, issue a certificate made according to the form provided in Appendix III a issued thereto within 3 working days from the end of the inspection and assessment."

3. Point a, b and c Clause 2 Article 8 shall be amended as follows:

“a) The importer shall send an application for inspection specified in Clause 2 Article 5 hereof to the quality management authority directly or by post or via the national single-window system.

b) The quality management authority shall receive the application and verify information provided therein and notify the result to the importer within 1 working day. If the application is found satisfactory, the quality management authority shall specify that in the application form. If the application is found unsatisfactory, the quality management authority shall instruct the importer to provide additional information.

The quality management authority and the importer shall mutually agree on the time and place of inspection. The inspection shall be carried out within 5 working days from the date proposed by the importer.”

c) The quality management authority shall conduct inspection of electric bicycles and consider the result of electric bicycle testing as specified in Article 7 hereof. If the result shows that the bicycle fails to conform to the requirements, the quality management authority shall notify the importer for them to handling the problem of non-conformity within 4 working days from the end of the inspection; If the importer fails to handle the problem of non-conformity within 30 working days, he/she shall send a notice of non-conformity of quality for imported electric bicycles as specified in Appendix III c issued thereto. If the application is found satisfactory, issue the certificate made according to the form provided in Appendix III b issued thereto within 4 working days from the day on which the inspection result is available."

4. Appendix II issued together with Circular No.41/2013/TT-BGTVT shall be replaced with Appendix IV issued thereto.

Article 6. Amending a number of Articles of Circular No.44/2012/TT-BGTVT dated October 23, 2012 of the Minister of Transport on inspection of quality, technical safety and environmental safety for imported motorcycles, mopeds and engines used for motorcycle manufacture and assembly (hereinafter referred to as "Circular No.44/2012/TT-BGTVT”)

1. Point b Clause 1 Article 4 shall be annulled.

2. Clause 1 and 2 Article 6 shall be amended as follows;

“a) The importer shall send an application for inspection specified in Article 4 hereof to the quality inspection authority directly or by post or via the national single-window system.

b) The quality inspection authority shall receive the application and verify information provided therein and notify the result to the importer within 1 working day. If the application is found satisfactory, the quality inspection authority shall specify that in the application form. If the application is found unsatisfactory, the quality inspection authority shall instruct the importer to provide additional information.

The quality inspection authority and the importer shall mutually agree on the time and place of inspection. The inspection shall be carried out within 5 working days from the date proposed by the importer.”

3. Point a and b Clause 3 Article 6 shall be amended as follows:

“3. The quality inspection authority shall carry out inspection of imported motorcycles, mopeds or engine thereof at the site agreed with the importer. The quality inspection authority shall issue the certificate of quality conformity or notice of non-conformity of quality as follows within 4 working days from the day on which the inspection is ended and the satisfactory application is received:

a) For quality motorcycles, mopeds and engine thereof that have sufficient documents, the quality inspection authority shall issue the certificate of quality conformity for import made according to forms specified in Appendix IV a and IV b issued thereto.

During the inspection, if the quality inspection authority is officially informed by the producer or the local vehicle management agency that the motorcycle is required to be recalled for repairing and rectifying the defects, the quality inspection authority shall only issue the certificate of quality conformity for import after the importer makes a written commitment enclosed with the written certification of the producer or an agency authorized by the producer that the imported motorcycle has been repaired and is safe.

b) For motorcycles, mopeds and engine thereof that fails to conform to current regulations and national technical regulations, the quality inspection authority shall request the importer to make rectification within 30 days from the notice day. If the importer fails to rectify within the time limit mentioned above, the quality inspection authority shall issue the notice of non-conformity of quality for import made according to the form provided in Appendix V a or V b issued thereto. ";

3. Appendix I issued together with Circular No.44/2012/TT-BGTVT shall be replaced with Appendix V issued thereto.

Article 7. Amending a number of Articles of Circular No.45/2012/TT-BGTVT dated October 23, 2012 of the Minister of Transport on inspection of quality, technical safety and environmental safety in manufacture and assembly of motorcycles (hereinafter referred to as "Circular No.45/2012/TT-BGTVT”)

1. Clause 3 Article 7 shall be amended as follows:

“3. The quality management authority shall examine the application and carry out COP assessment as specified in Clause 2 Article 6 hereof: If the application is found unsatisfactory, request the manufacturer to provide additional information; If the application is found satisfactory, issue the type approval certificate made according to the form provided in Appendix VII a or VII b issued thereto within 4 days from the day on which the satisfactory application is received and the result of COP assessment is available."

2. Clause 4 shall be added after Article 16 as follows:

“4. Retain the finished product inspection sheet and product quality inspection dossier for at least 3 years from the manufacture of finished motorcycles. When destroying such documents, the manufacturer shall do it in such a way that the digital data can be accessed for recalling purpose.”

Article 8. Amending a number of Articles of Circular No.16/2014/TT-BGTVT dated May 13, 2014 of the Minister of Transport on conditions applied to four-wheeled motor vehicles for cargo transport on roads and operators thereof (hereinafter referred to as “Circular No.16/2014/TT-BGTVT”)

1. Clause 3 Article 7 shall be amended as follows:

“3. Vietnam Register shall examine the application and carry out COP assessment as specified in Clause 2 Article 6 hereof within 10 working days. If the application is found unsatisfactory, request the manufacturer to provide additional information; If the application is found satisfactory, issue the certificate made according to the form provided in Appendix VII a or VII b issued thereto within 3 working days from the end of the inspection and assessment."

2. Clause 6 shall be added after Article 21 as follows:

“6. Retain the finished product inspection sheet and product quality inspection dossier for at least 3 years from the manufacture of finished vehicles. When destroying such documents, the manufacturer shall do it in such a way that the digital data can be accessed for recalling purpose.”

Article 9. Amending a number of Articles of Circular No.49/2015/TT-BGTVT dated September 22, 2015 of the Minister of Transport on standards, duties and rights of heads, surveyors and staffs of inland waterway vehicle registration agencies (hereinafter referred to as "Circular No.49/2015/TT-BGTVT”)

1. Point c Clause 1 Article 5 shall be amended as follows:

“c) Have an intermediate degree in one of the following majors: ship navigation, internal combustion engine, ship's electrical engineering, mechanics, mechanical engineering dynamics or automotive mechanics and have been provided with in advanced training in overview of ship's engine or hull according to program no.1 or no.3 specified in Section III Appendix I issued thereto." 2. Clause 3 Article 5 shall be amended as follows: “3. The period of probation in registration agencies shall be:

a) for persons having qualifications specified in Point a and b Clause 1 this Article who perform duties prescribed in Point a Clause 2 Article 11: at least 24 months for persons with intermediate degree or college decree or 12 months for persons having university decree or higher.

b) for persons having qualifications specified in Point c Clause 1 this Article who perform duties prescribed in Point b Clause 2 Article 11: at least 12 months."

3. Point b Clause 4 Article 27 shall be amended as follows:

“b) In case of request for raising the rank of surveyors specified in Clause 3 this Article, the procedure for request shall comply with regulations in Point a, b and c Clause 3 Article 23 and Article 24 hereof."

4. Clause 1 Article 33 shall be amended as follows:

“1. Vietnam Register shall carry out review of surveyors ranked according to Decision No.2687/2000/QD-BGTVT, who have conducted inspection of vehicles as specified in Article 11 of Decision No.25/2004/QD-BGTVT for the purpose of certifying ranked surveyors performing the duty of inspection mentioned in Circular No.49/2015/TT-BGTVT as follows:

“a) Certified surveyors as specified in Decision No.2687/2000/QD-BGTVT, who have conducted inspection of vehicles equivalent to types of vehicles undergoing inspection by surveyors specified in Clause 2 Article 12 of Circular No.49/2015/TT-BGTVT, shall be certified to be second rank surveyors Circular No.49/2015/TT-BGTVT; who have conducted inspection of vehicles equivalent to the ones undergoing inspection by surveyors specified in Clause 2 Article 13 of Circular No.49/2015/TT-BGTVT, shall be certified to be first rank surveyors of Circular No.49/2015/TT-BGTVT. Various ranked surveyors prescribed in this Clause shall be exempt from requirements specified in Clause 3 and 5 Articles 6 or Clause 3 and 5 Article 7 of Circular No.49/2015/TT-BGTVT.

b) Surveyors certified as specified in Decision No.2687/2000/QD-BGTVT, who are over the age of 50 and have graduated from intermediate schools or colleges in ship's engine and hull shall be certified to be first or second rank surveyors and exempt for requirements mentioned in Clause 1 Article 6 and Clause 1 Article 7 of Circular No.49/2015/TT-BGTVT.

c) Surveyors aged over 50 who are currently first or second rank surveyors and design surveyors from October 01, 2018 shall be exempt from foreign language certificates in case of transition.

d) The review and certification shall be done before December 31, 2019.”

Article 10. Entry into force

1. This Circular comes into force from October 15, 2018.

2. Chief of the Ministry Office, Chief Ministry Inspectorate, Directors of Vietnam Register and agencies and relevant organizations and individuals shall take responsibility to implement this Circular./.