Chapter II
TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL PROTECTION INSPECTION OF IMPORTED TRANSPORT CONSTRUCTION MACHINERY
Article 4. Application for inspection
1. The application for inspection shall include the following documents:
a) The application form using the form stated in the Appendix I enclosed herewith;
b) The copy of commerce invoice or equivalent document;
c) The copy of customs declaration form (if the imported TCM is located outside the supervision areas of customs authorities and this document must be submitted before the date of physical inspection);
d) The document indicating features and technical specifications of TCM or the information sheet of imported TCM made using the form stated in the Appendix II enclosed herewith;
dd) The original of the manufacturer’s final inspection certificate or certificate of quality. These documents shall be submitted for TCM type approval inspection as prescribed in Clause 1 Article 6 herein.
2. The document indicating features and technical specifications of TCM stated in Point d Clause 1 of this Article is not required in the application for inspection of TCM of the same type with the one granted a Certificate of conformity. Types of TCM having Certificate of conformity issued are published on the website of Vietnam Register.
Article 5. Inspection procedures
1. The importer shall submit an application, which comprises the documents mentioned in Article 4 herein, by hand or by post or by another appropriate means to the Vietnam Register.
2. Upon the receipt and examination of an application for inspection, Vietnam Register shall:
a) give confirmation to the application form for technical safety quality and environmental protection inspection of imported transport construction machinery within 01 working day from the receipt of a valid application. The importer must take the TCM to the inspection site within 15 working days from the date on which a confirmation is given.
In case the importer fails to take the TCM to the anticipated inspection site within 15 working days from the date of goods release, a written explanation about such lateness must be submitted to Vietnam Register.
b) If the application is invalid, Vietnam Register shall instruct the importer to supplement the application within 01 working date from the receipt of the application.
3. Vietnam Register shall conduct a physical inspection of TCM on the inspection date and at the inspection site agreed upon with the importer. Such physical inspection must be completed within a day.
4. Within 05 working days from the receipt of sufficient application and completion of physical inspection, Vietnam Register shall issue a quality certificate to the qualified importer.
5. Such quality certificate is issued to the importer who presents tax and fee receipts only.
Article 6. Inspection methods
1. Type approval inspection:
a) This method of inspection is employed to inspect a brand new TCM which is less than 03 years old counted from the date of manufacture, has sufficient documents as prescribed in Clause 1 Article 4 herein, and satisfies one of the following conditions: TCM has been inspected in accordance with the mutual recognition agreement to which Vietnam is a signatory; or TCM is manufactured by a foreign manufacturer that has passed CoP assessment by Vietnam Register in accordance with regulations in Clause 2 Article 12 herein and is the same type as the one accredited by Certificate of conformity granted by Vietnam Register.
b) Inspection tasks: Examine the conformity of type of the TCM which is selected at random from the production line of a specific TCM type as specified in the application for inspection to the type of TCM accredited by Certificate of conformity; visually inspect the chassis number and engine number of each imported TCM of the same type as that specified in the application for inspection.
2. Random inspection:
a) This method is employed to inspect a brand new TCM which is less than 03 years old counted from the date of manufacture, has sufficient documents as prescribed in Clause 1 Article 4 herein, and is not subject to the type approval inspection prescribed in Clause 1 of this Article.
b) Inspection tasks: Select a piece of TCM of a specific type at random to inspect the following items: general inspection of braking system (brake functions are not inspected), control system, operating system (load testing is not conducted), lighting and signaling system, emission and noise inspection made in accordance with applicable technical standards and regulations; visual inspection of chassis number and engine number of every imported TCM of the same type as that specified in the application for inspection.
3. Individual inspection of TCM:
a) This method is employed to inspect TCM which is not subject to the methods of inspection prescribed in Clause 1 and Clause 2 of this Article but has sufficient documents as prescribed in Clause 2 Article 1 herein;
b) Inspection tasks: individually inspect items as prescribed in applicable technical standards and regulations (load testing and brake functions are not inspected).
Article 7. Handling of inspection results
1. Based on inspection results and TCM documentation, Vietnam Register shall issue Certificate of conformity. To be specific:
a) If TCM fulfills all of requirements upon the type approval inspection results, Vietnam Register shall issue a Notice of exemption using the form stated in the Appendix III enclosed herewith;
b) If TCM fulfills all of requirements upon the results of random inspection or individual inspection of TCM, Vietnam Register shall issue a Certificate of conformity using the form stated in the Appendix IV enclosed herewith;
c) If inspection results indicate that TCM fails to satisfy requirements, Vietnam Register shall issue a Notice of non-conformity using the form stated in the Appendix V enclosed herewith;
d) If the chassis number and/or engine number of inspected TCM is found to be altered or re-stamped, Vietnam Register shall: Suspend inspection works and make record of imported TCM’s violation of Decree No. 187/2013/ND-CP using the form stated in Appendix VI enclosed herewith. Within 03 working days from the detection of violation, Vietnam Register shall make and send the Notice of imported transport construction machinery’s violation of Decree No. 187/2013/ND-CP using the form stated in Appendix VII enclosed herewith to the importer and the customs authority (at the place where import procedures are conducted).
2. Actions taken in certain special cases of inspection:
a) If major technical specifications stated in technical documents of the used TCM are insufficient as required, remaining major technical specifications shall be recorded according to physical inspection results;
b) In case TCM of large dimension and weight must be disassembled for shipment to Vietnam, Vietnam Register shall conduct the inspection of imported TCM only after it has been reassembled;
c) If imported TCM has been damaged during the shipment from the port of loading to Vietnam, importer shall be allowed to replace or repair paint scratches, broken windshields or window, cracked or broken lighting or signaling systems, cracked or broken rear-view mirror, damaged or ineffective windscreen wipers, or damaged battery;
d) If imported TCM is not used to participate in road traffic network, the phrase " Xe này không tham gia giao thông Đường bộ” must be specified in the issued Certificate of conformity;
dd) In case of right-hand drive TCM imported in accordance with regulations in Item 6a Part II Appendix 1 enclosed with the Decree No. 187/2013/ND-CP dated November 20, 2013, if inspection result indicates that such imported right-hand drive TCM satisfies all technical safety and environmental protection requirements, certificate of conformity shall be granted provided that the note “Operation of this TCM is limited and this TCM may not participate in traffic network” must be specified in the certificate of conformity.
e) In case TCM is equipped with adaptive cruise control system or specially designed exhaust pipe, emission inspection shall not conducted because it is unable to put the sampling probe into the exhaust pipe;
g) With regard to TCM with multiple chassis numbers or engine numbers, Vietnam Register shall specify the status of TCM’s chassis number or engine number in the Certificate of conformity and make note of location of every number in special cases;
h) When there is some doubt about TCM's chassis numbers or engine numbers, Vietnam Register shall has it assessed by a competent examination authority;
i) Production year shall be determined according to the following grounds: PIN number, chassis number, documents issued by manufacturer such as catalogue, technical specification manual, TCM-related information searched by employing software of international organizations or associations, information shown in the manufacturer’s trade mark mounted onto or stamped on TCM, and information shown in the copy of TCM’s registration certificate or certificate of deregistration issued by a competent foreign authority.
3. Method and contents of CoP assessment of band new TCM are available in Article 12 herein.
Tìm kiếm
Thông tư 89/2015/TT-BGTVT (Bản Word)
Thông tư 89/2015/TT-BGTVT (Bản Pdf)