Bản dịch văn bản 45/2005/QĐ-BGTVT
Decision 45/2005/QĐ-BGTVT
Cơ quan ban hành: Bộ Giao thông vận tải
Ngày ban hành: 2005-09-23

DECISION On the regulation on conditions for establishment and operation of motor vehicle Register Centers THE MINISTER OF TRANSPORT Pursuant to the June 29, 2001 Road Traffic Law; Pursuant to the Government's Decree No. 34/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Transport Ministry; At the proposals of the director of the Vietnam Register, the director of the Science and Technology Department, the director of the Organization and Personnel Department, and the director of the Legal Department, DECIDES: Article 1.- To promulgate together with this Decision the Regulation on conditions for establishment and operation of motor vehicle register centers. Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO." Article 3.- The head of the Office, the directors of the Organization and Personnel; Legal; Science and Technology; and Transport Departments, the director of the Vietnam Register, the director of the Vietnam Road Administration, directors of provincial/municipal Transport Services and Traffic and Public Work Services, heads of relevant agencies and units, and concerned individuals shall have to implement this Decision. Minister of Transport DAO DINH BINH REGULATION on conditions for establishment and operation of motor vehicle register centers (Promulgated together with the Transport Minister’s Decision No. 45/2005/QD-BGTVT of September 23, 2005) Chapter I GENERAL PROVISIONS Article 1.- Governing scope This Regulation provides for conditions on establishment and operation of motor vehicle register centers. Article 2.- Subjects of application This Regulation applies to organizations and individuals involved in the inspection of motor vehicles. Article 3.- Interpretation of terms In this Regulation, the following terms are construed as follows: 1. Motor vehicle register centers (hereinafter referred to as centers) mean units providing public technical services in inspecting, evaluating and certifying technical safety and environmental protection for motor vehicles in circulation. 2. Inspection means periodical technical checks in order to ascertain technical safety and environmental protection conditions of motor vehicles according to current standards, processes and regulations before such motor vehicles are certified to be fully roadworthy. 3. The specialized state management agency in charge of inspection of motor vehicles in circulation means the Vietnam Register (hereinafter referred to as the specialized management agency). 4. Inspection printed forms mean assorted certificate forms, inspection stamps, inspection certification books, and circulation suspension papers, which are uniformly issued and managed by the Vietnam Register. Chapter II REGISTRATION OF ESTABLISHMENT AND GRANT OF OPERATION CERTIFICATES Article 4.- Conditions for participation in motor vehicle inspection Non-business organizations and enterprises established under the Law on Enterprises, the Law on State Enterprises or the Law on Foreign Investment in Vietnam and having areas for building centers which are consistent with the planning and up to the standards of motor vehicle register centers promulgated by competent state agencies may register for establishment of such centers. Article 5.- Registration of establishment of centers 1. Organizations and individuals wishing to participate in motor vehicle inspection shall compile and send dossiers to the Vietnam Register. A dossier comprises: a/ An application of registration for establishment of the center; b/ The scheme on establishment of the center, clearly presenting capabilities in land, capital source, human resource, and equipment to be invested for the center establishment. Where many organizations or individuals register for establishing centers in an area under a publicized planning, a bidding shall be held according to regulations. 2. Basing itself on current standards, the Vietnam Register shall consider and issue a written approval and give an identification number to the center. Six months after the written approval is made, if the applying organizations or individuals fail to invest in construction of the center, such written approval shall cease to be valid. Article 6.- Grant of operation certificates 1. After completing the investment, organizations or individuals shall notify in writing (according to the set form in Appendix 1, not printed herein) to the Vietnam Register for organization of inspection and grant of certificates of motor vehicle inspection. 2. Certificates of motor vehicle inspection shall be valid for 5 years after the date of their signing. Annually, the Vietnam Register shall conduct examination, inspection of standard conformity and appraisal of compliance with current regulations. Chapter III INSPECTION OPERATION Article 7.- Responsibilities of centers 1. To conduct inspection and grant certificates of technical safety and environmental protection for motor vehicles for joining road traffic according to regulations. Heads of inspection units and persons directly conducting inspection shall bear responsibility for inspection results; 2. To check, maintain and repair to maintain the precision of inspection equipment and devices in the interval between two standard conformity inspections according to regulations. 3. To make written records on unexpected incidents which cause the suspension of inspection operation and report thereon to its specialized management agency; 4. To obtain the certificate of application of the quality management system ISO 9000 : 2000 within 12 months after being granted the operation license; 5. To evaluate technical conditions of motor vehicles at the request of competent state agencies or vehicle owners; 6. To participate in the investigation of incidents or traffic accidents which are related to technical safety of motor vehicles at the request of functional agencies, and propose preventive measures; 7. To provide other technical consultancy services according to regulations; to execute scientific research projects and participate in other relevant activities at the request of state management agencies; 8. To abide by inspection decisions and create favorable conditions for inspection, examination and supervision by functional agencies. To observe the archival and reporting regulations; 9. To publicize inspection contents, procedures, standards, regulations, fees and charges, and everyday inspection time; 10. To pay dues for its membership in associations and societies, and training fees according to regulations; 11. The organization or individual that has established a center but no longer wishes to participate in inspection operation shall have to send a written notice to the specialized management agency 30 days before terminating the operation. After the date of operation termination, the center shall have to return its seal, inspection operation certificate, unused and damaged printed forms, and archived dossiers to the specialized management agency. The organization or individual that has established the center, the head of the inspection unit and persons directly conducting inspection shall, in spite of operation termination, still bear responsibility for motor vehicles within the valid duration of inspection certificates issued by the center. Article 8.- Powers of centers 1. To collect and use fees and charges according to regulations; 2. To withdraw printed forms already issued upon detection of violations or expiration of use duration of motor vehicles; 3. To request law protection agencies to handle acts of impeding its operation. Article 9.- Prohibited acts 1. Conducting inspection not in compliance with the prescribed inspection contents, procedures and regulations; failing to ensure minimum inspection time for each vehicle; 2. Conducting inspection when the precision of inspection equipment is not assured, the internal computer network is out of order; or conducting semi-mechanical inspection when power fails; 3. Designating inspectors who do not meet the set criteria; 4.Providing services of renovating, maintaining and repairing motor vehicles at the center; 5. Collecting fees or charges not in accordance with regulations; committing negative acts of harassing for bribes or receiving money or gifts in any form; 6. Inspecting and granting inspection certificates for motor vehicles after receiving written requests for non-inspection made by competent state management agencies; 7. Using inspection printed forms not issued by the Vietnam Register. Article 10.- Inspection and supervision of inspection operation 1. Heads of centers shall have to inspect by themselves their centers' operation according to the current standards, procedures and regulations. 2. Centers are subject to regular or irregular inspection and supervision of their inspection operation by relevant state management agencies according to the provisions of law. Article 11.- Definite cessation of inspection operation 1. A center shall be subject to one-month cessation of inspection operation if it lets the following violations occur: a/ Violation of the standards of motor vehicle register center; b/ Second-time violation of Clause 1, 2, 3 or 4 or first-time violation of Clause 5, 6 or 7, Article 9 of this Regulation within 3 months. 2. A center shall be subject to three-month cessation of inspection operation if it lets the following violations occur: a/ Second-time violation of Clause 5, 6 or 7, Article 9 of this Regulation within 12 months; b/ Commission of prohibited acts specified in Article 9 of this Regulation, for which it is subject to second-time one-month cessation within 12 months. 3. When a center is subject to definite cessation of inspection operation, the specialized management agency shall have the responsibility: a/ To issue a decision on definite cessation of inspection operation of the register center, and temporarily stop the supply of inspection printed forms and inventory printed forms supplied to the center up to date of cessation; b/ To announce its decision on the website of the Vietnam Register at the address: http://www.vr.org.vn/, the mass media and at the center. c/ The center can resume its operation only when the Vietnam Register so permits. Article 12.- Withdrawal of certificate of inspection operation 1. A center shall have its certificate of inspection operation withdrawn when: a/ It fails to remedy violations of the standards of motor vehicle register center within 6 months; b/ It commits prohibited acts specified in Article 9 of this Regulation and is therefore subject to second-time three-month cessation within 12 months. 2. The organization or individual that has established the center which has its operation certificate withdrawn shall not be allowed to engage in motor vehicle inspection for at least three years. When wishing to resume the center's operation, such organization or individual shall have to compile a dossier according to procedures for establishment of a new center. 3. When a center commits a violation which is serious enough to have its operation certificate withdrawn, the specialized management agency shall have the responsibility: a/ To issue a decision on withdrawal of the certificate of motor vehicle inspection operation; b/ To stop the supply of inspection printed forms and withdraw unused or damaged printed forms and inspection dossiers archived up to the date of withdrawal of the certificate of inspection operation. c/ To announce its decision on the website of the Vietnam Register at the address: http://www.vr.org.vn/, the mass media and at the register center. Chapter IV ORGANIZATION OF IMPLEMENTATION Article 13.- Responsibilities of the Vietnam Register The director of the Vietnam Register shall have to organize the guidance, inspection and supervision of the implementation of this Regulation. Article 14.- Responsibilities of provincial/municipal Transport Services and Traffic and Public Work Services Directors of provincial/municipal Transport Services and Traffic and Public Work Services shall have to perform according to their competence the state management over register centers in localities under their management.