Circular No. 23/2009/TT-BGTVT providing for the quality, technical safety and environmental protection inspection of special use vehicles

54 OFFICIAL GAZETTE Issue nos 01·02JNovember 2009 (Cong Baanos 503-504/November 3,2009) THE MINISTRIES THE MINISTRY OF TRANSPORT Circular No. 2312009/TT-BGTVT of October 15, 2009, providing for the quality, technical safety and environmental protection inspection of special..use vehicles Purstxmt to the November 13, 2008 Law on Road Traffic; Pursuant to the July 2J, 2007 Law all Product and Goods Quality; Pursuant to the Government's Decree No. 132/2008lND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality; Pursuantto the Government's Decree No. 51/ 2008lND-CP of April 22, 2008, defining the functions, tasks, powers and organizational structure oj the Muustry of Transport; The Minister of Transport provides for the quality, tschnical safety and environmental protection inspection of special-use vehicles as follows: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation and subjects of application 1. This Circular provides for the quality. technical safety and environmental protection inspection (below referred to as inspection) of special-use vehicles upon their importation. manufacture, assembly, transformation and use for transport purposes. 2. This Circular applies to organizations and individuals engaged in the management, importation, manufacture, assembly. transfonna tion and use of special-use vehicles nationwide. 3. This Circular does not apply to special-use vehicles of the anny and police forces which are used for defense and security purposes. Article 2. Inspection grounds Inspection grounds include: 1. Regulations, technical regulations and standards. 2. Design dossiers or technical dossiers. Article 3. Special-use vehicles subject to inspection 1. Imported or domestically manufactured or assembled special-use vehicles subject to inspection are those on the list of products and goods subject to quality inspection issued together with the Prime Minister's Decision No. 50!2006!QD-ITg of March 7, 2006. 2. Special-use vehicles currently in use subject to inspection are those on the list of special-use vehicles subject to inspection prescribed in Appendix 1 to this Circular. Chapter /I INSPECTION OF SPECIAL-USE VEHICLES Section 1. INSPECTION OF SPECIAL-USE VEHICLES UPON IMPORTATION © VIETNAM LAW & LEGAL FORUM Issue nos 01-02JNOVlember 2009 (Gong BaD nos 503-504/November 3, 2009) OFFICIAL GAZETTE 55 Article 4. Inspection dossiers A dossier of inspection of imported special use vehicles will be made in 1 set comprising the following documents: 1.A written registration for quality. technical safety and environmental protection inspection of special-use vehicles, made un;wdillg to the form provided in Appendix 2 to this Circular (not printed herein), clearly indicating the chassis number. engine number and year of manufacture of each special-use vehicle; 2. A copy of the imported goods declaration; 3. A copy of the invoice or equivalent document; 4. Documents introducing basic technical properties of each type of imported special-use vehicles (original or copy) or the registration of technical parameters of imported special-use vehicles, made by the importer; 5. The original certificate of quality (CIQ) issued by the manufacturer, for imported brand new special-use vehicles (if any); 6. For special-use vehicles which, after being inspected. are certified as satisfying requirements, documents specified in Clause 4 of this Article are not required. Article 5. Inspection methods, contents and places 1. Brand-new special-use vehicles with valid dossiers as prescribed inArticle 4 of this Circular will be inspected and certified with regard to parameters of their shapes, dimensions. general structures, chassis numbers and engine numbers. 2. Used special-use vehicles with valid dossiers as prescribed in Article 4 of this Circular or brand-new special-use vehicles without ClQ will be inspected unit by unit according to standards and technical regulations on quality, technical safety and environmental protection of special-use vehicles. 3.In case chassis numbers or engine numbers of imported special-use vehicles are modified due to technical errors of manufacturers, the written certification of the manufacturers is required. If there is any doubt about chassis numbers or engine numbers of special-use vehicles. quaIity inspecting agencies may request a ~cia1ized agency to conduct assessment. 4. Special-use vehicles will be inspected at any places at the request of the importers. Article 6. Certification of inspection results 1. Imported brand-new special-use vehicles which satisfy the requirements prescribed in Clause 1, Article 5 of this Article will be issued a notice of exemption from quality, technical safety and environmental vwtt:ctl01! inspection of imported special-use vehicles (belowreferred to as inspection exemption notice). made according to the form provided in Appendix 3 to this Circular (not printed herein). 2. Imported special-use vehicles Wh1Ch, after being inspected, are certified as satisfying the requirements prescribed in Clause 2, Article 5 of this Circular will be issued a certificate.of quality, technical safety and environmental protection of imported special-use vehicles (below referred to as certificate of imported vehicles), made according to the form provided in Appendix 4 to this Circular (not printed herein). 3. Imported special-use vehicles which, after being inspected, are certified as no! satisfYing © VIETNAM lAW & lEGAL FORUM 56 OFFICIAL GAZETTE Issuenos 01·02fNovember 2009 (Gong Bee nos 503-504/November 3, 2009) the requirements prescribed in Clause 2, Article 5 of this Circular will be issued a notice of non sati sfaction of quality, technical safety and environmental protection requirements for imported special-use vehicles (below referred to as notice of non-satisfaction of quality requirements), made according to the form provided In Appendix 5 to this Circular (not printed herein). Section 2. EVALUATION OF DESIGNS AND INSPECTJON OF SPECIAL-USE VEHICLES UPUN MANUMcrURL~ASSEMBLYAND TRANSFORMATION Article. 7. Design dossiers A design dossier will be made in 3 sets and sent to reg\stry agencies for evaluation. 1.For manufactured or assembled special-use vehicles, a design dossier comprises: aJTechnical drawings: The general drawing of special-use vehicles; Technical drawings and parameters of home made complete parts and systems; Technical documents of imported complete parts and systems. bl Explanations and calculations: Explanations about basic technical properties of special-use vehicles; Calculations on the design of special-use vehicles. 2. For transformed special-use vehicles. a design dossier comprises: a/The general drawing of special-use vehicles before and after transformation; bl Technical drawings and documents of complete parts and systems used for transformation; cl Explanations about and calculations on the Eransformation. Article 8. Evaluation of designs 1. The evaluation of design dossiers (below referred to as evaluation) will be carried out before special-use vehicles are manuractured or assembled for the first time or upon their transformation. 2. Evaluation means the consideration and assessment of the conformity of design dossiers of special-use vehicles with current regulations, technical regulations and standards. The evaluation will be carried out within 15 working days after the receipt of a competent and valid dossier. In case the evaluation needs to be prolonged because the design dossier must be supplemented or modified, the registry agency shall notify the designer of the prolongation in writing. 3, After being evaluated, 2 sets of the design dossier shall be transferred to the manufacturer Or the designer and I set shall be kept at the registry agency. Article 9. Inspection of manufactured or assembled special-use vehicles 1. Dossiers used in the inspection process include: aJ The design dossier of special-use vehicles already evaluated by a registry agency; b/The dossier on the inspection and take-over test of products, made by the manufacturer. 2, Inspection covers considering and © VIETNAM LAW &LEGAL FORUM 0 Issuenos 01-02/November 2009 (Gong Beonos 503-504/November 3,2009) OFFICIAL GAZETTE 57 assessing the quality of special-use vehicles according to current regulations, technical I egulations and standards and evaluated design dossiers. 3 Inspection method: unit-by-unit inspection. Article 10. Inspection oftransfonned special use vehicles 1. Dossiers used in the inspection process include: a/ The design dossier of transformed special use vehicles already evaluated by a registry agency; bl The dossier on the inspection and take-over test of special-use vehicles, made by the manufacturer. 2. Inspection covers considering and assessing the quality of special-use vehicles according to current regulations, technical regulations and standards and the evaluated design dossier. 3. Inspection method: unit-by-unit inspection. Artidp 11. Cerri f cari on of design evaluation results and inspection results 1.Special-use vehicles whose design dossiers are evaluated as satisfying the requirements prescribed in Article 8 of this Circular will be issued a certificate of evaluation of designs of special-use vehicles, made according to the form provided in Appendix 6 of this Circular (not printed herein). 2. Manufactured, assembled or transformed special-use vehicles which, after being inspected, are certified as satisfying the requirements prescribed in Articles 9 and 10 of this Circular will be issued a certificate of quality, technical safety and environmental protection of manufactured. assembled or transformed special use vehicles (below referred to as certftlcate of manufactured. assembled or transformed vehicles), made according to the form provided in Appendix 7 to this Circular (not printed herein). Section 3. INSPECTION OF SPECIAL-USE VEHICLES FOR USE Article 12. Inspection dossiers 1. A dossier of first-time inspection comprises: al An application for a book of quality, technical safety and environmental protection inspection of special-use vehicles (below referred to as inspection book), made by the owner of the special-use vehicle. bl Any of the following documents: Copy of technical documents, enclosedwith the introduction of the general drawillMs am] basic technical properties of the special-use vehicle; the registration of technical parameters of the special-use vehicle, made by the organisation or individual: the inspection exemption notice; the certificate of imported special-use vehicles; or the certificate of manufactured, assembled or transformed special-use vehicles. 2.A dossier ofperiodical inspection comprises: a/ An application for inspection. for cases of request for inspection outside the location of the registry unit; bl The inspection book (for presentation); cl The certificate of registration of special usc vehicles issued by a competent state asency (for presentation). © VIETNAM LAW &LEGAL FORUM 58 OFFICIAL GAZETTE Issue nos 01-D2/November 2009 (Gong BaD nos 503-504/November 3, 2009) Article 13. Inspection contents and places 1. Special-use vehicles will be inspected according to standards and technical regulations on quality, technical safety and environmental protection of special-use vehicles. 2. Special-use vehicles will be inspected at any places requested by their owners which. however, must satisfy inspection conditions prescribed in relevant technical regulations. Article14. Certification of inspection results 1. Special-use vehicles which, after being inspected for the first time. are certified as satisfying the requuerneuts prescribed in Clause 1, Article. n of this Circular, will be issued an inspection book, made according to the form provided in Appendix 8 (not printed herein), a certificate of inspection of technical safety and environmental protection of special-use vehicles (below referred to as inspection certificate), made according to the form provided in Appendix 9 (not printed herein) and a stamp of technical safety and environmental protection inspection (below referred to as inspection stamp), made according (0 the form provided in Appendix 10 to this Circular (not printed herein). 2. Special-use vehicles which, after being periodically inspected. are certified as satisfying the requirements prescribed in Clause 1, Article 13 of this Circular, will be issued an inspection certificate and an inspection stamp. Article 15. Inspection cycle 1. For brand-new special-use vehicles, the cycle of first-time inspection is 24 months. 2. For used special-use vehicles, the inspection cycle is 12 months. Section 4. TIME LIMITS FOR CERTIFICATION OF INSPECTION RESULTS AND ARCHIVE OF DOSSIERS Article 16. Time limits for certification of inspection results 1. The lime limit for issuance of an inspection exemption notice. certificate of imported special use vehicles, notice of non-satisfaction ofquality requirements and certificate of manufactured, assembled or transformed special-use vehicles IS J working days after the inspection IS timshed. 2. The time limit for issuance of a design evaluation certificate, inspection book and inspection certificate is 3 working days after the inspection is finished. 3. Inspection stamps will be stuck on special use vehicles which. after being inspected, are certified as satisfying technical requirements. Article 17. Archive of dossiers 1. Inspection dossiers specified in Article 4, Clause 1. Article 9; am! Clause 1. Article 10, of this Circular and inspection records and documents made in the inspection process will be archived at registry agencies for 3 years after the issuance of the written certification of inspection results. 2. Design dossiers specified in Article 7 of this Circular, after being evaluated, will be archived at registry agencies for 3 years after of the date of termination of manufacture of special use vehicles. 3. Inspection dossiers specified in Article 12 of this Circular will be archived throughout the life of special-use vehicles. © VIETNAM LAW & LEGAL FORUM Issue nos 01·02lNowember 2009 (Cong Beo nos 503~504JNovember 3, 2009) OFFICIAL GAZETTE 59 Chapter III RESPONSIBILITIES OF STATE MANAGEMENTAGENCreS Article 18. The Vietnam Register I . To manage and organize the inspection of special use vehicles nationwide. 2. To elaborate and promulgate documents providingprofessional guidelines on the registry of special-use vehicles according to itscompetence. 3. To train. appoint and dismiss special-use vehicle registrars. 4. Toprint.manage and issueforms to be used in the inspectionof special-usevehiclesprovided in this Circular. 5. To provide professional instructions to. and manageprofessionaloperations of, registryunits which conduct periodical inspection of special use vehicles currently in use. 6. To make annual reports to the Ministry of Transport on the quality, technical sarety and environmental protection inspection of special use vehicles. Article 19. Provincial-level Transport Departments To organize the periodical inspection of special-use vehicles at theirattachedregistry units. Chapter IV RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS THAT MANUFACTURE, ASSEMBLE. TRANSFORM, IMPORT OR USE SPECIAL USE VEHICLES Article 20.Responsibilities of organizations and individuals that manufacture. assemble, transform or import special-use vehicles 1. To observe current regulations, technical regulations and standards when importing, manufacturing, assembling, repairing or transforming special-use vehicles. 2. To elaborate a process of product quality inspection and invest in inspection equipment in conformity with the manufacture process; to conductperiodical tests of inspection ~uipment; to inspect the quality of each product and take responsibilities for the quality of products upon their ex-works. 3. To take responsibility for the origin and quality of imported special-use vehicles. Article 21. Responsibilities of organizations and individuals that use special-use 'w:dlicles To conduct repair and maintenance in order to ensure special-use vehicles' conformity with standards on technical safety and environmental protectionin the intervalbetweentwo icspections by registry units. Article 22. Responsibilities of orgssizations and individuals that manufacture. assemble, transform, import and use special-use vehicles To preserve, maintain and refrain from modifying or erasing issued written certification of inspection results and produce them at the request of competent persons on-duty. Chapter V EFFECT AND ORGANIZATION OF IMPLEMENTATION Article 23. Effect © VIETNAM LAW &LEGAL FORUM 60 OFFICIAL GAZETTE Issuenos 01·02fNovember 2009 (Gong BaD nos 503·504lNovember 3, 2009) 1.This Circular takes effect 45 days from the date of its signing. To annul Section 3 of the Regulation on the grant of registration certificates and number plates and technical safety and environmental protection inspection of roadworthy special-use vehicles. issued together with the Transport Minister's Decision NO.4381/ 200llQD-BGTVT of December 19, 200l. 2. Written certifications of inspection results issued to :;peciai-use vehicles before the effecti vc date of \:his Circular remain valid until the expiration date prescribed therein. Artic::Ie. 24. Organization of implementation L The. Vietnam Register shall organize the implementation of this Circular. 2. The chief of the Ministry Office, the Chief Inspector, directors of departments, the director of the Vietnam Register. the General Director of the Vietnam Road Administration, directors of provincial level Transport Departments, heads of concerned agencies and organizati on sand concerned indi viduals shall implement thi s Circular. Minister of Transport IIO NOllIA DUNG Appendix I LIST OF SPECIAL-USE VEHICLES SUBJECT TO INSPECTION 1. Construction vehicles 1.1. Earthworking vehicles aJ Bulldozers; bl Shovels. including shoveling bulldozers; cl Excavators. including excavatingbulldozers: ell Scrapers; el Leveling machines; fl Ditch excavators: gl Pipe-placing machines. 1.2. Foundation construction machines: aJ Pile drivers; bl Drillers; c/ Road rollers. 1.3. Vehicles and machines used for making concrete and concrete materials: a/ Stone mills; bl Stone screcners: cl Stone mills-screeners; dl Concrete pumps. 1.4. Elevating vehicles. machines and equipment: aJRubber-tire cranes (excludingcrane trucks); bl Caterpillar cranes; c/ Lift trucks. 1.5. Road construction machines: aJ Paving machines; bl Road construction machines; cl Asphalt sprinklers; d/ Road cleaners; el Machines used for road maintenance and repair. 1.6. Other self-propelled construction machines. 2. Special-use vehicles for agriculture and forestry 2.1. Rubber-tire tractors. 2.2. Caterpillar tractors © VIETNAM LAW & LEGAL FORUM