Tìm kiếm
Chương I: Quy định chung
| Số hiệu: | 46/2024/TT-BGTVT | Loại văn bản: | Thông tư |
| Nơi ban hành: | Bộ Giao thông vận tải | Người ký: | Nguyễn Duy Lâm |
| Ngày ban hành: | 15/11/2024 | Ngày hiệu lực: | 01/01/2025 |
| Ngày công báo: | 05/01/2025 | Số công báo: | Từ số 13 đến số 14 |
| Lĩnh vực: | Giao thông - Vận tải | Tình trạng: | Còn hiệu lực |
TÓM TẮT VĂN BẢN
Hồ sơ đề nghị cấp mới giấy chứng nhận đủ điều kiện hoạt động kiểm định khí thải xe mô tô, xe gắn máy
Ngày 15/11/2024, Bộ trưởng Bộ Giao thông vận tải ban hành Thông tư 46/2024/TT-BGTVT quy định trình tự, thủ tục cấp mới, cấp lại, tạm đình chỉ hoạt động, thu hồi giấy chứng nhận đủ điều kiện hoạt động kiểm định xe cơ giới của cơ sở đăng kiểm xe cơ giới, cơ sở kiểm định khí thải xe mô tô, xe gắn máy. Trong đó, quy định hồ sơ đề nghị cấp mới giấy chứng nhận đủ điều kiện hoạt động kiểm định khí thải xe mô tô, xe gắn máy.
Hồ sơ đề nghị cấp mới giấy chứng nhận đủ điều kiện hoạt động kiểm định khí thải xe mô tô, xe gắn máy
Theo đó, hồ sơ đề nghị cấp mới giấy chứng nhận đủ điều kiện hoạt động kiểm định khí thải xe mô tô, xe gắn máy gồm:
- Văn bản đề nghị theo mẫu quy định tại Phụ lục I ban hành kèm theo Thông tư 46/2024/TT-BGTVT kèm theo bản thông tin về cơ sở kiểm định khí thải;
- Bản vẽ bố trí chung của cơ sở kiểm định khí thải thể hiện được vị trí kiểm tra;
- Danh sách trích ngang nhân lực theo mẫu quy định tại Phụ lục II ban hành kèm theo Thông tư 46/2024;
- Danh sách thiết bị kiểm tra theo mẫu quy định tại Phụ lục III ban hành kèm theo Thông tư 46/2024.
Bên cạnh đó, Thông tư 46/2024/TT-BGTVT còn quy định việc tiếp nhận hồ sơ đề nghị cấp mới giấy chứng nhận đủ điều kiện hoạt động kiểm định khí thải xe mô tô, xe gắn máy như sau:
Tổ chức thành lập cơ sở kiểm định khí thải xe mô tô, xe gắn máy (sau đây gọi tắt là cơ sở kiểm định khí thải) nộp 01 bộ hồ sơ đề nghị cấp mới giấy chứng nhận đủ điều kiện hoạt động kiểm định khí thải xe mô tô, xe gắn bằng hình thức trực tiếp hoặc qua hệ thống bưu chính hoặc qua hệ thống dịch vụ công trực tuyến tới Sở Giao thông vận tải địa phương.
- Trường hợp nộp trực tiếp: Sở Giao thông vận tải kiểm tra thành phần hồ sơ trong ngày làm việc; nếu chưa đầy đủ theo quy định thì hướng dẫn tổ chức thành lập cơ sở kiểm định khí thải hoàn thiện hồ sơ; nếu đầy đủ theo quy định, lập phiếu kiểm soát theo quy định tại Phụ lục IV, trong thời hạn 03 ngày làm việc kể từ ngày nhận được hồ sơ, lập thông báo tiếp nhận hồ sơ theo mẫu quy định tại Phụ lục V ban hành kèm theo Thông tư 46/2024, trong đó ghi rõ thông tin về lịch kiểm tra, đánh giá thực tế;
- Trường hợp nộp qua hệ thống bưu chính hoặc qua hệ thống dịch vụ công trực tuyến: trong thời hạn 01 ngày làm việc kể từ thời điểm nhận hồ sơ, Sở Giao thông vận tải kiểm tra thành phần hồ sơ; nếu chưa đầy đủ theo quy định, thông báo theo mẫu quy định tại Phụ lục VI ban hành kèm theo Thông tư 46/2024 cho tổ chức thành lập cơ sở kiểm định khí thải; nếu đầy đủ theo quy định, lập phiếu kiểm soát theo mẫu quy định tại Phụ lục IV, trong thời hạn 03 ngày làm việc kể từ ngày nhận được hồ sơ, lập thông báo tiếp nhận hồ sơ theo mẫu quy định tại Phụ lục V ban hành kèm theo Thông tư 46/2024 trong đó ghi rõ thông tin về lịch kiểm tra, đánh giá thực tế.
Xem chi tiết tại Thông tư 46/2024/TT-BGTVT có hiệu lực từ ngày 01/01/2025.
Văn bản tiếng việt
Văn bản tiếng anh
Thông tư này quy định về trình tự, thủ tục cấp mới, cấp lại, tạm đình chỉ hoạt động, thu hồi giấy chứng nhận đủ điều kiện hoạt động kiểm định xe cơ giới của cơ sở đăng kiểm xe cơ giới, cơ sở kiểm định khí thải xe mô tô, xe gắn máy.
1. Thông tư này áp dụng đối với các tổ chức, cá nhân có liên quan đến hoạt động kiểm định xe cơ giới, hoạt động kiểm định khí thải xe mô tô, xe gắn máy.
2. Thông tư này không áp dụng đối với các tổ chức, cá nhân có liên quan đến hoạt động kiểm định xe cơ giới, hoạt động kiểm định khí thải xe mô tô, xe gắn máy thuộc phạm vi quản lý của Bộ Quốc phòng, Bộ Công an.
|
THE MINISTRY OF TRANSPORT OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
|
No: 46/2024/TT-BGTVT |
Hanoi, November 15, 2024 |
CIRCULAR
ON DOCUMENTATION, PROCEDURES FOR ISSUANCE, REISSUANCE, SUSPENSION, REVOCATION OF CERTIFICATES OF ELIGIBILITY TO CONDUCT MOTORIZED VEHICLE INSPECTION OF MOTORIZED VEHICLE REGISTRATION AND INSPECTION FACILITIES, MOTORBIKE, MOPED EXHAUST REGISTRATION AND INSPECTION FACILITIES
Pursuant to Law on Road traffic order and safety dated June 27, 2024;
Pursuant to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government on functions, tasks, powers and organizational structure of the Ministry of Transport;
At the request of Director General of Department of Science - Technology and Environment and Director General of Vietnam Register;
The Minister of Transport issues a Circular on documentation, procedures for issuance, reissuance, suspension, revocation of certificates of eligibility to conduct motorized vehicle inspection of motorized vehicle registration and inspection facilities, motorbike, moped exhaust registration and inspection facilities.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular provides documentation, procedures for issuance, reissuance, suspension, revocation of certificates of eligibility to conduct motorized vehicle inspection of motorized vehicle registration and inspection facilities, motorbike, moped exhaust registration and inspection facilities.
Article 2. Regulated entities
1. This Circular applies to organizations and individuals related to motorized vehicle inspection, exhaust inspection of motorbikes, mopeds.
2. This Circular shall not apply to organizations and individuals related to motorized vehicle inspection, exhaust inspection of motorbikes, mopeds under management of the Ministry of National Defense, the Ministry of Public Security.
Chapter II
DOCUMENTATION, PROCEDURES FOR ISSUANCE, REISSUANCE, SUSPENSION, REVOCATION OF CERTIFICATES OF ELIGIBILITY TO CONDUCT MOTORIZED VEHICLE INSPECTION
Article 3. Application for issuance of certificates of eligibility to conduct motorized vehicle inspection
The application for issuance of certificates of eligibility to conduct motorized vehicle inspection includes:
1. Application as per the form specified in Appendix I attached to this Circular, together with the information on the motorized vehicle registration and inspection facility;
2. Layout of overall ground and buildings with inspection lines fully showing inspection area, inspection equipment, and support devices;
3. The results of assessment and certification of motorized vehicle registration and inspection facilities conforming to National Technical Regulations on technical infrastructure and the location of motorized vehicle registration and inspection facilities, motorbike, moped exhaust registration and inspection facilities, from the accredit conformity assessment organizations (this document component is applicable when there is a conformity assessment organization);
4. List of personnel as per Form specified in Appendix II attached to this Circular;
5. List of personnel as per Form specified in Appendix II attached to this Circular;
Article 4. Procedures for issuance of certificates of eligibility to conduct motorized vehicle inspection
1. The organization establishing a motorized vehicle registration and inspection facility shall submit 01 set of application for issuance of certificate of eligibility to conduct motorized vehicle inspections as prescribed in Article 3 of this Circular directly or via the postal system or via the online public service system to the local Departments of Transport.
2. Application receipt:
a) For in-person submissions: Within the working day, the Vietnam Register shall inspect the application’s adequacy: if the application is inadequate, instruct the applicant to complete it; if the application is adequate, prepare a control form for the inspection and assessment process as per the form specified in Appendix IV. Within 03 working days from the date of receiving the application, the Vietnam Register shall prepare a notification of application receipt as per the form specified in Appendix V attached to this Circular, clearly stating information about the actual inspection and assessment schedule;
b) For other forms of submission: Within 1 working day from the date of receiving the application: if the application is inadequate, notify the applicant using the form specified in Appendix VI attached to this Circular; if the application is adequate, prepare a control form for the inspection and assessment process as per the form specified in Appendix IV. Within 03 working days from the date of receiving the application, the Vietnam Register shall prepare a notification of application receipt as per the form specified in Appendix V attached to this Circular, clearly stating information about the actual inspection and assessment schedule.
3. Inspection and assessment at the premises:
Inspection and assessment at the premises shall be carried out within 15 days from the date of preparing the notification of receipt of application. To be specific:
a) The Departments of Transport shall (i) inspect and assess the requirements for motor vehicle inspection service business of motorized vehicle inspection in accordance with the Decree on requirements for motor vehicle inspection service business; the organization and operation of the registration and inspection facility; the service life of motorized vehicles (ii) and prepare records as per the form in Appendix VII attached to this Circular.
b) The Departments of Transport shall request the Vietnam Register to participate in inspecting and assessing the motorized vehicle registration and inspection facility in accordance with the technical requirements specified in the National technical regulation on technical infrastructure and the location of motorized vehicle inspection facilities, motorbike, moped exhaust registration and inspection facilities. The inspection and assessment details are recorded as per Form No. 01 specified in Appendix VIII and other Forms in Appendix IX attached to this Circular. When there is a conformity assessment organization, the inspection and assessment at the premises shall be replaced by the results of assessment and certification of motorized vehicle registration and inspection facilities conforming to National Technical Regulations on technical infrastructure and the location of motorized vehicle registration and inspection facilities, motorbike, moped exhaust registration and inspection facilities;
c) Summarizing the results and recording the corresponding contents in form No. 01 specified in Appendix X attached to this Circular.
4. Handling of results of inspection and assessment at the premises
a) Cases of meeting the requirements: The Departments of Transport shall issue certificates of eligibility to conduct motorized vehicle inspections;
b) Cases of not meeting the requirements: The Departments of Transport shall clearly state the reasons in the report as per form No. 01 specified in Appendix X attached to this Circular and send it to the organization establishing the motorized vehicle registration and inspection facility to address the unsatisfactory aspects.
5. Issuance of certificates of eligibility to conduct motorized vehicle inspection
Within 5 working days from the date passing the inspection and assessment at the premises, the Departments of Transport shall issue the certificate of eligibility for motorized vehicle inspection as per form No. 01 specified in Appendix XI attached to the Circular; registration and inspection facility code in accordance with regulations of Appendix XII attached to this Circular.
6. Addressing cases of not passing the inspection and assessment at the premises
a) Resolution of unsatisfactory aspects and re-inspection and assessment shall be conducted within a period of 6 months from the date of notification of unsatisfactory aspects. Passing this time limit, the organization establishing motorized vehicle registration and inspection facility shall have to start over with the procedures specified in this Article;
b) After addressing those matters, the organization establishing motorized vehicle registration and inspection facility shall submit an application for re-inspection and re-assessment as per the form in Appendix I attached to this Circular to the Department of Transport. Within 3 working days from the date of receiving the application, the Department of Transport shall carry out the regulations outlined in clauses 3, 4, and 5 of this Article. In cases of not passing the re-inspection, re-assessment, the facility is deemed not satisfying the requirements for operation, and the procedures shall be cancelled.
Article 5. Documentation and procedures for reissuance of certificates of eligibility to conduct motorized vehicle inspection
1. The application for reissuance of certificates of eligibility to conduct motorized vehicle inspection includes:
a) Application as per the form specified in Appendix I attached to this Circular, together with the information on the motorized vehicle registration and inspection facility;
b) Layout of overall ground and buildings with inspection lines fully showing inspection area, inspection equipment, and support devices;
c) The results of assessment and certification of motorized vehicle registration and inspection facilities conforming with National Technical Regulations on technical infrastructure and the location of motorized vehicle registration and inspection facilities, motorbike, moped exhaust registration and inspection facilities, from the accredit conformity assessment organizations (this document component is applicable from January 01, 2026);
d) List of personnel as per Form specified in Appendix II attached to this Circular;
dd) List of inspection equipment as per Form specified in Appendix III attached to this Circular;
e) Relevant documents in case of changes in administrative boundary information.
2. The motorized vehicle registration and inspection facility shall submit 01 set of application for reissuance of certificate of eligibility to conduct motorized vehicle inspections as prescribed in Article 3 of this Circular directly or via the postal system or via the online public service system to the local Departments of Transport. To be specific:
a) The application for reissuance of certificate due to the loss of the certificate of eligibility for motorized vehicle inspection or a reduction in the number of inspection lines compared to the certified content, but the remaining inspection lines still meet the operational requirements shall include documents specified in point a of clause 1 of this Article;
b) The application for reissuance of the damaged certificate of eligibility for motorized vehicle inspection shall includes Documents specified in point a of clause 1 of this Article along with the damaged certificate;
c) The application for reissuance of the certificate of eligibility for motorized vehicle inspection due to changes in administrative geographical information recorded on the certificate shall include: Documents specified in points a, e of clause 1 of this Article;
c) The reissuance application for cases of having changes in location (address) of the motorized vehicle registration and inspection facility; having additional inspection lines; having changes in the type of inspection lines; having changes in inspection equipment leading to a change in the type of vehicles inspected; having the certificate of eligibility for motorized vehicle inspection revoked shall include documents specified in points a, b, c, d, and e of clause 1 of this Article.
3. Reissuance of certificate of eligibility for motorized vehicle inspection in cases specified in points a, b, and c of clause 2 of this Article:
a) For in-person submissions: Within a working day, the Department of Transport shall inspect the application’s adequacy: if the application is inadequate, instruct the applicant to complete it in accordance with applicable regulations. Within 05 working days from the date of receiving the application, based on archived documents, the Department of Transport shall reissue the certificate of eligibility for motorized vehicle inspections;
b) For other forms of submission: Within 1 working day from the date of receiving the application, the Department of Transport shall inspect the application’s adequacy; if the application is inadequate, notify the applicant using the form specified in Appendix VI attached to this Circular; if the application is adequate, within 05 working days from the date of receiving the application, based on archived documents, reissue the certificate of eligibility for motorized vehicle inspections.
4. Reissuance of certificate of eligibility for motorized vehicle inspection in cases specified in point d of clause 2 of this Article:
a) For in-person submissions: Within a working day, the Department of Transport shall inspect the application’s adequacy: if the application is inadequate, instruct the applicant to complete it; if the application is adequate, carry out procedures specified in clauses 3, 4, 5 and 6 of Article 4 of this Circular. The facility code recorded in the eligibility certificate of is the code previously issued;
b) For other forms of submission: Within 1 working day from the date of receiving the application, the Department of Transport shall inspect the application’s adequacy; if the application is inadequate, notify the applicant using the form specified in Appendix VI attached to this Circular; if the application is adequate, carry out procedures specified in clauses 3, 4, 5 and 6 of Article 4 of this Circular. The facility code recorded in the eligibility certificate of is the code previously issued.
Article 6. Procedures for suspension of motorized vehicle registration and inspection facilities
1. Within 5 working days from the date discovering or receiving notification from the competent authorities of the registration and inspection facility subject to operation suspension, the Departments of Transport shall issue a suspension decision as per form No. 01 specified in Appendix XIII attached to the Circular.
2. The motorized vehicle registration and inspection facility must suspend their operation upon the suspension decision taking effect; and publicly disclose their operation suspension.
3. Within 03 working days from the effective date of the suspension decision, the motorized vehicle registration and inspection facility shall prepare and send a report as per form No. 01 specified in Appendix XIV attached to the Circular to the Department of Transport.
Article 7. Procedures for revocation of certificates of eligibility to conduct motorized vehicle inspection
1. Within 5 working days from the date of discovering or receiving notification from the competent authority of the registration and inspection facility subject to revocation of the certificate of eligibility to conduct motorized vehicle inspection, the Department of Transport shall (i) issue a revocation decision as per the form specified in Appendix XV attached to this Circular, (ii) based on the inspection operations of other motorized vehicle registration and inspection facilities in the area, prepare a notification as per the form specified in Appendix XVI attached to this Circular to designate another motor vehicle inspection facility to receive the handed over documents and inspection certificates or stamps from the facility whose certificate is revoked.
2. The motorized vehicle registration and inspection facility must suspend their operation upon the revocation decision taking effect; and publicly disclose their operation suspension.
3. Within 03 working days from the effective date of the decision on revocation of the certificate of eligibility for motorized vehicle inspection, the motorized vehicle registration and inspection facility must return their certificate to the Department of Transport.
4. Within 15 working days from the effective date of the decision on revocation of the certificate of eligibility for motorized vehicle inspection, the motorized vehicle registration and inspection facility must return their certificate to the Department of Transport.
Article 8. Documentation storage
Applications (both hard copies and electronic copies) for issuance, reissuance, suspension, and revocation of certificates of eligibility for motorized vehicle inspection are permanently stored at the Department of Transport and motorized vehicle registration inspection facilities. These documents must be stored safely, arranged in a scientific method, and be easy to search.
Chapter III
DOCUMENTATION, PROCEDURES FOR ISSUANCE, REISSUANCE, SUSPENSION, REVOCATION OF CERTIFICATE OF ELIGIBILITY TO OPERATE OF MOTORBIKE, MOPED EXHAUST REGISTRATION AND INSPECTION FACILITIES
Article 9. Application for issuance of certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities
The application for issuance of certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities includes:
1. Application as per the form specified in Appendix I attached to this Circular, together with the information on the motorbike, moped exhaust registration and inspection facility;
2. General layout plan of the exhaust registration and inspection facility that clearly present the inspection area;
3. List of personnel as per Form specified in Appendix II attached to this Circular;
4. List of inspection equipment as per Form specified in Appendix III attached to this Circular.
Article 10. Procedures for issuance of certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities
1. The organization establishing a motorbike, moped exhaust registration and inspection facility (hereinafter referred to as “exhaust registration and inspection facility") shall submit 01 set of application for issuance of certificate of eligibility to operate of exhaust registration and inspection facilities as prescribed in Article 9 of this Circular directly or via the postal system or via the online public service system to the local Departments of Transport.
2. Application receipt:
a) For in-person submissions: Within the working day, the Department of Transport shall (i) inspect the application’s adequacy: if the application is inadequate, instruct the applicant to complete it; if the application is adequate, prepare a control form for the inspection and assessment process as per the form specified in Appendix IV, (ii) within 03 working days from the date of receiving the application prepare a notification of application receipt as per the form specified in Appendix V attached to this Circular, clearly stating information about the actual inspection and assessment schedule;
b) For other forms of submission: Within 1 working day from the date of receiving the application, the Department of Transport shall (i) inspect the application’s adequacy: if the application is inadequate, notify the applicant using the form specified in Appendix VI attached to this Circular; if the application is adequate, prepare a control form for the inspection and assessment process as per the form specified in Appendix IV, (ii) within 03 working days from the date of receiving the application, prepare a notification of application receipt as per the form specified in Appendix V attached to this Circular, clearly stating information about the actual inspection and assessment schedule.
3. Inspection and assessment at the premises:
Inspection and assessment at the premises shall be carried out within 15 days from the date of preparing the notification of receipt of application. To be specific:
a) Inspecting and assessing exhaust registration and inspection facilities conforming with National Technical Regulations on technical infrastructure and the location of motorized vehicle registration and inspection facilities, motorbike, moped exhaust registration and inspection facilities to record as per form No. 02 specified in Appendix VIII attached to this Circular;
b) Inspecting and assessing (i) exhaust registration and inspection facilities in accordance with the Decree on Decree on requirements for motor vehicle inspection service business, (ii) the organization and operation of the registration and inspection facility, (iii) the service life of motorized vehicles; and summarizing the results of the inspection and assessment mentioned in Point a of this Clause, recording the corresponding contents as per Form No. 02 specified in Appendix X attached to this Circular.
4. Handling of results of inspection and assessment at the premises
a) Cases of meeting the requirements: The Departments of Transport shall issue the certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities;
b) Cases of not meeting the requirements: The Departments of Transport shall clearly state the reasons in the report as per form No. 02 specified in Appendix X attached to this Circular and send it to the organization establishing a exhaust registration and inspection facility to address the unsatisfactory aspects.
5. Issuance of certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities
Within 5 working days from the completion of the inspection and assessment at the premises with the result of meeting the requirements, the Departments of Transport shall issue the certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities as per form No. 02 specified in Appendix XI attached to the Circular; Inspection facility code in accordance with regulations of Appendix XII attached to this Circular.
6. Addressing cases of not passing the inspection and assessment at the premises
a) Resolution of unsatisfactory aspects and re-inspection and assessment shall be conducted within a period of 03 months from the date of notification of unsatisfactory aspects. Passing this time limit, organization establishing exhaust registration and inspection facility shall have to start over with the procedures specified in this Article;
b) After addressing those matters, the organization establishing a exhaust registration and inspection facility shall submit a request for re-inspection and re-assessment as per the form in Appendix I attached to this Circular to the Department of Transport. Within 03 working days from the date of receiving the application, the Department of Transport shall carry out the regulations outlined in clauses 3, 4, and 5 of this Article. In cases of not passing the re-inspection, re-assessment, the facility is deemed not satisfying the requirements for operation with reasons clearly stated, and the procedures shall be cancelled.
Article 11. Documentation and procedures for issuance of certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities
1. The application for reissuance of certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities includes:
a) Application as per the form specified in Appendix I attached to this Circular, together with the information on the exhaust registration and inspection facility;
b) General layout plan of the exhaust registration and inspection facility that clearly present the inspection area;
c) List of personnel as per Form specified in Appendix II attached to this Circular;
d) List of inspection equipment as per Form specified in Appendix III attached to this Circular.
dd) Relevant documents in case of changes in administrative boundary information.
2. The exhaust registration and inspection facility shall submit 01 set of application for reissuance of certificate of eligibility to conduct motorbike, moped exhaust inspections as prescribed in Article 3 of this Circular directly or via the postal system or via the online public service system to the local Departments of Transport. To be specific:
a) The application for reissuance of lost certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities includes: documents specified in point a of clause 1 of this Article;
b) The application for reissuance of the damaged certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities includes: Documents specified in point a of clause 1 of this Article along with the damaged certificate;
c) The application for reissuance of certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities due to changes in administrative geographical information recorded on the certificate shall include: Documents specified in points a, e of clause 1 of this Article;
d) The reissuance application for cases of having changes in location (address) of the exhaust registration and inspection facility; having additional testing equipment; having the certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities revoked shall include documents specified in points a, b, c, and d of clause 1 of this Article.
3. Reissuance of certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities in cases specified in point a, b, and c of clause 2 of this Article:
a) For in-person submissions: Within a working day, the Department of Transport shall inspect the application’s adequacy: if the application is inadequate, instruct the applicant to complete it in accordance with applicable regulations. Within 05 working days from the date of receiving the application, based on archived documents, the Department of Transport shall reissue the certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities;
b) For other forms of submission: Within 1 working day from the date of receiving the application, the Department of Transport shall inspect the application’s adequacy; if the application is inadequate, notify the applicant using the form specified in Appendix VI attached to this Circular; if the application is adequate, within 05 working days from the date of receiving the application, based on archived documents, reissue the certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities..
4. Reissuance of certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities in cases specified in point d of clause 2 of this Article:
a) For in-person submissions: Within a working day, the Department of Transport shall inspect the application’s adequacy: if the application is inadequate, instruct the applicant to complete it; if the application is adequate, carry out procedures specified in clauses 3, 4, 5 and 6 of Article 10 of this Circular. The facility code recorded in the eligibility certificate of is the code previously issued.
b) For other forms of submission: Within 1 working day from the date of receiving the application, the Department of Transport shall inspect the application’s adequacy; if the application is inadequate, notify the applicant using the form specified in Appendix VI attached to this Circular; if the application is adequate, carry out procedures specified in clauses 3, 4, 5 and 6 of Article 4 of this Circular. The facility code recorded in the eligibility certificate of is the code previously issued.
Article 12. Procedures for suspension of motorbike, moped exhaust registration and inspection facilities
1. Within 5 working days from the date discovering or receiving notification from the competent authorities of the exhaust registration and inspection facility subject to operation suspension, the Departments of Transport shall issue a suspension decision as per form No. 01 specified in Appendix XIII attached to the Circular.
2. The exhaust registration and inspection facility must suspend their operation upon the suspension decision taking effect; and publicly disclose their operation suspension.
3. Within 03 working days from the effective date of the suspension decision, the exhaust registration and inspection facility shall prepare and send a report as per form No. 01 specified in Appendix XIV attached to the Circular to the Department of Transport.
Article 13. Procedures for revocation of certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities
1. Within 5 working days from the date discovering or receiving notification from the competent authorities of the exhaust registration and inspection facility whose certificate is revoke, the Departments of Transport shall issue a revocation decision as per form No. 01 specified in Appendix XIII attached to the Circular.
2. The exhaust registration and inspection facility must suspend their operation upon the revocation decision taking effect; and publicly disclose their operation suspension.
3. Within 03 working days from the effective date of the revocation decision, the exhaust registration and inspection facility must return their certificate and transfer the exhaust inspection data to the Department of Transport.
Article 14. Documentation storage
Applications (both hard copies and electronic copies) for issuance, reissuance, suspension, and revocation of certificates of eligibility to operate of motorbike, moped exhaust registration and inspection facilities are permanently stored at the Department of Transport and exhaust registration inspection facilities. These documents must be stored safely, arranged in a scientific method, and be easy to search.
Chapter IV
IMPLEMENTATION
Article 15. Responsibilities of Vietnam Register
1. Provide guidance on implementation of this Circular.
2. Inspect the issuance, reissuance, suspension, revocation of certificates of eligibility to conduct motorized vehicle inspection of motorized vehicle registration and inspection facilities, certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities of Departments of Transport.
Article 16. Responsibilities of Departments of Transport
1. Organize implementation of this Circular in their area.
2. Issue, reissue, suspend, revoke certificates of eligibility to conduct motorized vehicle inspection of motorized vehicle registration and inspection facilities, certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities in their area in accordance with this Circular.
Article 17. Responsibilities of registration and inspection facilities
Comply with decision of suspension or revocation of certificates of eligibility to conduct motorized vehicle inspection of motorized vehicle registration and inspection facilities, certificate of eligibility to operate of motorbike, moped exhaust registration and inspection facilities.
Chapter V
IMPLEMENTATION CLAUSE
Article 18. Effect
1. This Circular comes into force from January 01, 2025.
2. This Circular annuls Circular No. 44/2023/TT-BGTVT dated December 29, 2023 of the Minister of Transport on guidelines on the implementation of Decree No. 139/2018/ND-CP dated October 8, 2018 of the Government of Vietnam on motor vehicle inspection service business and Decree No. 30/2023/ND-CP dated June 8, 2023 of the Government of Vietnam on amendments to Decree No. 139/2018/ND-CP dated October 8, 2018 of the Government of Vietnam on motor vehicle inspection service business.
3. The regulations of legislative documents that amend or replace the documents cited in this Circular shall apply./.
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