Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular provides for technical safety quality and environmental protection inspection of imported transport construction machinery, those manufactured or assembled from unused components or unused chassis without registration plates issued, and those modified for use.
2. Transport construction machinery which is manufactured, assembled or imported by Ministry of National Defence or Ministry of Public Security to serve national defense and security purposes shall not be governed by regulations herein.
Article 2. Regulated entities
This Circular applies to competent authorities, organizations and individuals involved in management and inspection of import, manufacturing or assembly of transport construction machinery from unused components or unused chassis without registration plates issued, or modification of transport construction machinery for use.
Article 3. Interpretation of terms
The following terms, technical standards and regulations are used to serve the purposes of this Circular.
1. “transport construction machinery” (hereinafter referred to as "TCM”) refers to types of construction vehicles defined in TCVN 7772:2007 “Moving engineering construction machinery and equipment – Classification” and those specified in the Appendix II of the Circular No. 13/2015/TT-BGTVT dated April 21, 2015 by Minister of Transport on promulgation of lists of imports subject to specialized management by the Ministry of Transport under the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013.
2. “TCM of the same type” means TCM of the same industrial property rights, trade mark, design, major technical specifications and production country.
3. “typical sample” refers to the TCM which is tested and examined so as to issue a type approval certificate.
4. “quality certificate” refers to one of the following documents: Notice of exemption from inspection of technical safety quality and environmental protection for imported transport construction machinery-TCM (hereinafter referred to as "Notice of exemption”), Certificate of conformity from inspection of technical safety quality and environmental protection for imported transport construction machinery-TCM (hereinafter referred to as “Certificate of conformity”), Notice of non-conformity from inspection of technical safety quality and environmental protection for imported transport construction machinery-TCM (hereinafter referred to as “Notice of non-conformity”), Certificate of design approval, Type approval certificate for transport construction machinery (hereinafter referred to as “Type approval certificate”), Certificate of modified design approval and Certificate of conformity from inspection of technical safety quality and environmental protection for modified transport construction machinery.
5. “type approval certificate” means the process of inspection, testing, review, assessment and certification of conformity of a TCM type with the Ministry of Transport’s technical standards and regulations on technical safety quality and environmental protection.
6. “inspection certificate of technical safety and environmental protection for used TCM” (hereinafter referred to as “inspection certificate ") refers to the document indicating that TCM has been tested and found to fulfill technical standards and regulations on technical safety quality and environmental protection.
7. “inspection stamp of technical safety and environmental protection for used TCM” (hereinafter referred to as “inspection stamp") refers to an emblem mounted onto the TCM which has been accredited by a inspection certificate and licensed to participate in road transportation for the validity term provided in the inspection stamp.
8. “importer” refers to any organization or individual that imports TCM.
9. "design appraisal” means the process of examining and reviewing contents of a design of the TCM to determine its compliance with applicable technical standards and/or regulations so as to ensure that manufactured/ assembled TCM will fulfill all technical safety quality and environmental protection requirements.
10. “designing party” refers to an organization that processes a valid business registration certificate and engages in design of TCM or a manufacturer or modification services provider that produces its own design of TCM.
11. “manufacturer” refers to an enterprise that manufactures and assembles TCM in accordance with applicable regulations.
12. “modifying party” refers to an organization that provides TCM modification services.
13. “inspecting units" include motor vehicle inspection centers and Vietnam Register Offices that have fulfilled all equipment and personnel requirements to conduct vehicle inspection in accordance with regulations and have their names published on the website of Vietnam Register.
14. “TCM owner” means the organization or individual owning the TCM, or the person who drives or takes the TCM to the inspection.
15. “Conformity of Production (CoP) assessment” refers to the process of reviewing and assessing the conformity of the manufacturer’s production or assembly line with technical safety and environmental protection requirements.
16. Technical standards and regulations referred to in this Circular include:
a) QCVN 13:2011/BGTVT: National technical regulation on quality, safety and environmental protection for construction machinery;
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; on permitted tolerance and rounding of dimension and mass of vehicles used as heavy-duty vehicles;
d) TCVN 7772: Moving engineering construction machinery and equipment – Classification;
dd) TCVN 4244: Lifting appliances – Design construction and survey.
Tìm kiếm
Thông tư 89/2015/TT-BGTVT (Bản Word)
Thông tư 89/2015/TT-BGTVT (Bản Pdf)