Circular 86/2014/tt-Bgtvt: Regulation On The Conditions For The Vehicle Has Four Wheels And The Engine, The Driver Involved In The Traffic Of Limited Scope

Original Language Title: Thông tư 86/2014/TT-BGTVT: Quy định về điều kiện đối với xe chở người bốn bánh có gắn động cơ và người điều khiển tham gia giao thông trong phạm vi hạn chế

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The CIRCULAR regulates the conditions for the vehicle has four wheels and the engine, the driver involved in the traffic of limited range _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on road traffic, November 13, 2008;
Pursuant to the law of product quality, the goods on November 21, 2007;
Pursuant to the law protecting consumer rights on November 17, 2010;
Pursuant to Decree No. 132/2008/ND-CP on December 31, 2008 detailing the Government's implementation of some articles of the law on product quality, the goods;
Pursuant to Decree No. 171/2013/ND-CP on November 13, 2013 of government sanctioning administrative violations in the field of road and railway transport;
Pursuant to Decree No. 107/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
At the suggestion of the Director of science-technology and Director of the Vietnam register, the Minister of transport issued a circular regulating the conditions for the vehicle has four wheels and the engine, the driver involved in the traffic of limited scope.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular prescribed for four wheel vehicle engines (hereinafter referred to as the car) about: a) check the quality of the technical safety and environmental protection in the production, Assembly and imports;
b) check the technical safety and protect the environment by participating in the limited scope;
c) conditions in traffic within the limit for the car and the driver of the car.
2. This circular does not apply to Vehicles used for defense purposes, security of the Ministry of defence, the Ministry of public security. 2. The object that applies to this circular apply to agencies, organizations, individuals related to the management, manufacture, assemble, import, testing, quality control, certification and quality used Cars.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. the vehicle has four wheels with motor transport is the road that runs by the engine, structured to cargo, two axis, at least four wheels, the largest design speed of no more than 30 km/h , seating a maximum of no more than 15 seats (including the driver's seat).
2. the same type of Car is the vehicle of the same owner, same marks, the design and the specifications, produced on the same production line technology.
3. vehicles type quality certification is the process of checking, test, review, evaluation and certification of the conformity of a vehicle type with the requirements specified in this circular for quality technical safety and environmental protection.
4. Prototype pattern is typically due to the manufacturing order options or model by the Vietnam register retrieved at random to perform the test.
5. the test facility is the Organization of activities in the field of testing of motor vehicle components or to perform testing of components or vehicles according to standards, technical regulation and the respective national legal texts concerned.
6. Manufacturing facilities are the business production, Vehicle Assembly, have qualified technical infrastructure according to the regulations.
7. the import facility is the Organization, individuals perform the import of Cars.
8. faulty Vehicles are vehicles with technical errors in the process of design, production, Assembly is likely to cause danger to life and property safety of the user as well as the bad influence to environment and safety of the community.
9. Summon the car is the production base recovered the Car in the lot, faulty vehicles type technique that production facilities were provided to the market in order to repair, replacement parts or replace it with another product to prevent the dangers can occur due to an error in the design process , production, Assembly of the vehicle.
10. The car in traffic is limited in scope to the car only works on the route and time according to the regulations of the people's committees of provinces and cities under central.
11. Vehicles not in traffic the car is only active on the internal use of the units.
12. Check the technical safety and environment protection for vehicle traffic involved in the of limited scope (hereinafter referred to as the checked circulation) is conducting tests, reviews the status of technical safety and environmental protection of the vehicle to the vehicle certification are eligible to participate in the limited range.
Chapter II PROVISIONS on QUALITY CONTROL of TECHNICAL SAFETY and ENVIRONMENTAL PROTECTION of CAR manufacturing, ASSEMBLY of article 4. Test, test 1. Test items, test a) for vehicle traffic involved in the of limited scope: testing, testing the items specified in Appendix I attached to this circular;
b) for Vehicles not in traffic: checked the specifications stipulated in annex II attached to this circular.
2. Testing Facility conducted the test, the test sample according to the process corresponding to the requirements specified in this circular; reporting test results, test according to the form prescribed. In case of need, the Vietnam register directly supervised the test, test.
3. number of test samples: 1 complete model Car (more 1 the battery was fully fueled for the Electric Cars using electric motors).
4. After checking, testing and reporting test results, the test, the test facility to pay the car model and reporting test results, test for production, import facility.
Article 5. Registered quality certification record Iượng vehicles registered record type quality certificates type vehicles (hereinafter referred to as the certification registration profile) include: 1. A sign specifications according to the form prescribed in annex II attached to this circular.
2. Report the test results, the test car.
3. A description of the manufacturing process technology, Assembly and quality control of the vehicle.
4. Instructions for use of the car in which the main specifications, how to use the equipment of the vehicle, instructions on safety, explosion protection and the protection of the environment; The warranty (specify conditions of warranty and maintenance base address).
5. Copy of business registration certificate or investment for the first production facility to produce, assemble the car.
6. Commitment of the production facilities of the type proposed vehicles certified to not infringe industrial property rights are protected and the production facility take responsibility according to the provisions of the law if there occurs a dispute about the ownership of industry.
Article 6. Reviews of conditions of quality assurance at the manufacturing facilities 1. To ensure the maintenance of quality of production vehicles, manufacturing facilities must meet the following requirements: a) regulations and guidance quality control for each type of product from the quality control of the input components, quality control on each stage to control the warranty maintenance;
b) Have the testing equipment needed for each stage of production. List the minimum equipment necessary to check the quality of the produced Vehicles in traffic within the limit prescribed in annex III attached to this circular; every year, the quality control device must be factory-Vietnam register check and confirm the active status;
c) have sufficient human resources to implement the production and quality control of match production process, Assembly. Have the technician responsible for the quality of factory-trained and professional mastery of quality control.
2. Register Vietnam conducted reviews of conditions of quality assurance at the manufacturing facility (hereinafter referred to as COP reviews) on the basis of ISO/TS 16949 "quality management systems-particular requirements in ISO9001:2008 application for businesses that manufacture and Assembly of motor vehicles and motor vehicle parts" under the following : a) process and guidance for production, Assembly and quality control: check the input components, checking on each stage, test marketed;
b) quality control equipment;
c) human resources to perform quality control.
3. The form of reviews of COP: a) reviews of COP was first made when quality certificate types;
b) reviews the annual COP are performed periodically each year;
c) reviews COP irregularly made when production facilities signs breach the rules regarding quality control, use of factory quality control Slip or when there are complaints about the quality of the car.
4. for the same type of car model, no basic change of technological processes of manufacture, assemble and test the quality of the car, you can use the results of reviews of COP before.
Article 7. Certification of the quality of The type certification of the quality of the type of vehicles (hereinafter referred to as the certificate) made under the order and manner as follows: 1. set up production facilities 1 record registration certificates as defined in article 5 of this circular and the submission directly or through the postal system to the Vietnam register.
2. Vietnam register receipt, check the registration certificate and treated as follows: a) If incomplete profile components according to regulations, the instructions complete production facilities back within 7 working days for the submission of the certificate of registration records directly or within 3 working days for the submission of certification registration profile through the postal system.
b) If full profile components according to rules consistent with production facilities on time and venue reviews of COP 3. Within 10 working days from the date of receiving the application, the Vietnam register regulations implement reviews of COP as defined in article 6 of this circular.
a) If not yet satisfactory, notice to complete production facilities back immediately when the test ends, reviews.
b) if the certificate according to the model specified in annex IVa attached to this circular within 3 working days from the date of the end of test, reviews.
Article 8. Check out the production process, Assembly

1. the only manufacturing facility was conducted to produce, assemble and ship the next car after the vehicle type has been certified and must ensure the car fits the profile registration certificate, the specimen was tested. Production facilities are responsible for the source, origin, the quality of the Car factory.
2. Each vehicle production, the Assembly must be the basis of the production factory quality control (hereinafter referred to as the test factory).
3. Based on the issued certificate and the inspection results, Vehicle production base in traffic within the limit will be getting the embryo quality test Votes issued in the form prescribed in Appendix V attached to this circular for the vehicle production Assembly.
4. Production facility-level quality control Slip issued to each airport unsatisfactory. Slip the factory quality control as specified in paragraph 3 of this article must by authorized person (the level head, Deputy or direct subordinate level is authorized in writing by the head of the manufacturing base) signed and stamped.
5. Production facilities are responsible for set up and level for each Car produced records with the following minimum categories: factory quality control; Instructions for use; The warranty of the car.
6. Vietnam register can conduct unscheduled inspections. The case of the test results showed that the production facility violated the provisions in clause 3 article 9 of this circular, the will is revoked the certificate. Violations have not recovered to the extent that the certificate shall supervise the inspection made in accordance with paragraph 2 of this Article.
Article 9. Annual reviews, reviews the Certificate Supplement 1. Vietnam register, annual progress reviews of the type of vehicles has been certified on the basis of the results of reviews of the COP in accordance with point b paragraph 3 article 6 of this circular.
2. Production facilities must conduct additional certification procedures when the regulations related to the type of vehicles have been certified for change or when the car has the change affect the fit of the model that vehicles compared with the requirements specified in this circular. Production base to be paid extra for register Vietnam following materials: a) the documents relating to the change of the vehicle;
b) report inspection results, Vehicle testing according to new regulations or to report test results, additional testing items of the car changes according to the current rules.
3. vehicles type certificate will not be valid, revoked in the following cases: a) the car no longer satisfies the rules or change the car did not match the records of registration certificates, the certificates were issued that production facilities does not make the additional certification according to the provisions in paragraph 2 of this Article;
b) production facilities violated rules: do not perform the factory quality control according to the regulations, use factory-quality control for vehicles not yet certified, the type of vehicles in violation of industrial property rights;
c) production facilities does not make the summons for vehicle technical failures as defined in paragraph 3 of article 25 of this circular.
The certificate is no longer of value to be reported to the manufacturing facility in writing and published on the website of the Vietnam register.
Chapter III RULES on QUALITY CONTROL of TECHNICAL SAFETY and ENVIRONMENTAL PROTECTION of CAR IMPORTS article 10. Registration records check 1. Check Car registration documents including the following documents: a) the original registration quality control of technical safety and environmental protection of imported Cars (hereinafter referred to as A check register) according to the form prescribed in Appendix VI attached herewith;
b) import copies of the import facility includes: commercial invoices or equivalent documents; Import goods declaration;
c) A copy of the import facility brochure features and technical specifications of the car in which the following basic content: the parameters of the basic dimensions; the parameters of the volume (the volume itself, the entire volume); the number of passengers; top speed; tire size; the way is constantly of the vehicle on a single charge (for vehicle using electric motors); Introduction to the main system, includes: transmission system, brake system, steering system, suspension system, signal lights and the basic specifications of the engine (for internal combustion engines: largest capacity corresponding to the rotation speed, the volume of work, the type of fuel used; for electric motor : largest capacity, nominal voltage, the amount of batteries);
The case does not provide brochure features and technical specifications of the car or this document not yet enough content specified in point c of this paragraph, the basis of the import using A register specifications according to the form prescribed in annex II attached to this circular instead.
2. Declarations of goods imported under the provisions of point b and the profile components specified in point c of paragraph 1 of this article may be filed later than the registration check but must file before proceed to check the car.
3. The same type of Car with a vehicle type has been Vietnam register inspection and certification are exempted categories of records documents specified in point c of paragraph 1 of this article.
Article 11. Check the car 1. Test method: a) check the fit of the model type of the car in the lot the same car.
b) check of the frame, the number of motor vehicles in the car lot.
c) Retrieved January Car lot in form of random Cars the same types to test, test. Particularly for used Vehicles, the test, the test is performed for each car.
2. the test content, test: The test, sample testing referred to in point c of paragraph 1 of this article is made according to the provisions of article 4 of this circular.
3. Long test, the test sample in the following cases: a) the types of vehicles have been checked according to the agreement or mutual recognition agreements on standards, and standards conformance that Vietnam join signed;
b) car through using the same type of style with the kind of car that was Vietnam register certificate and of the same import facility.
The case of long objects in the Car lot testing, testing the car above signs form does not guarantee the quality, it will have to perform the test, the test sample according to the provisions in paragraph 2 of this Article.
Article 12. Quality certification of imports 1. Import base set 1 set of registration documents in accordance with article 10 paragraph 1 of this circular and submit it directly to the Vietnam register.
2. after receiving the registration records check, considering Vietnam register, registration records check with the provisions in clause 1 of article 10 of this circular and processed as follows: a) If registration records check incomplete according to the regulations on the work the Guide, additional import facility, perfect;
b) If registration documents fully tested as prescribed, then within 7 working days, confirmed on the registration test, at the same time consistent with the basis of imports in terms of time and location check.
3. Register Vietnam conducted the test and the test results review the vehicle as defined in article 11 of this circular, proceed to announce results within 3 working days (from the date of the end of the test, receive test results) are as follows: a) If not satisfactory then announced to fix import facility; Exceeding the time limit 10 working days from the date of the notice, if the import facility does not yet have the remedy, then the notification level quality according to the form prescribed in Annex IVc attached to this circular.
b) if the certificate according to the model specified in Annex IVb attached to this circular.
During the test, if Vietnam register received information producer or media agency Car notice foreign objects must summon (recall) to repair, fix the bug, then the Vietnam register certification only after the import facility has written commitment accompanied by the text of the manufacturer or of the the base was authorized by the manufacturer certifying Vehicle imports have done repairs to fix errors and ensure safety.
Chapter IV PROVISIONS on TECHNICAL SAFETY INSPECTION and ENVIRONMENTAL PROTECTION for VEHICLE TRAFFIC INVOLVED in the LIMITED SCOPE of article 13. Profile check the circulation of 1. The papers are filed: a) the suggested text check of individual organizations as specified in annex VII attached to this circular for cases not brought the car to the check post unit;
b) copy of factory quality control Slip (for the case of car production, assembling in the water check the first circulation of the Vehicle first registration after the date of this circular effect).
2. The papers have to present: a) the original or a copy of vehicle registration vehicle registration Certificate certified by the Bank is holding the original vehicle registration Certificate or a copy of the Registration Certificate of the vehicle leasing agencies are keeping the original vehicle registration Certificate;
b) original certificate of liability insurance is valid;
c) text approved by the local competent authority about the designated Airport of individual organizations operate.
Article 14. Register performs unit testing in circulation 1. The car acted locally, because the check post in the same local Active Car check.
2. check the circulation data are stored in the registry unit and on the basis of the data of the Vietnam register.
Article 15. The order and the way done when checking the circulation of 1. Car owner or a person authorized (hereinafter referred to as the owner) filing in accordance with article 13 of this circular directly to register to register your unit test.
2. the receiving register units, check the profile. If not full as specified, the complete vehicle guide back in the days. If full, valid on appointments, then check the following location registered vehicle owner (where the check must meet the conditions specified in annex VIII, attached to this circular).

3. vehicle inspection is conducted according to the categories, test methods are defined in annex VIII, attached to this circular.
4. For the first test cases, test register unit and created a first check of the vehicle according to the form prescribed in annex IX attached to this circular. Registration import car case following on this circular effect, the unit posted a check based on the number of lookup data frame import car on electronic information page of the Vietnam register and check the car to set the record.
5. Test Vehicle requirements, register unit certificates and Stamps issued after 2 working days from the date of the end of test requirements. Certificate of circulation and commemorative stamps in circulation according to the form prescribed in annex X attached to this circular.
6. Vehicle test results do not meet the notification register units, the category does not meet the test of the car for car owners know to repair, troubleshoot and check again.
Article 16. Certificate of circulation Stamps in circulation 1. Validity period of the certificates circulated a) first test cases: 18 months for a new Car, not through the use of up to 2 years, since the year of manufacture; 12 months for the rest of the case (including the car does not identify the year of manufacture);
b) The next check time: 12 months;
c) validity period of certificates issued do not exceed term of Vehicle registration certificate (if available).
2. Certificate of circulation, circulation of Stamps must have the same series and having the content fit the specifications of the vehicle; Certificate of circulation is delivered to the vehicle owner to carry when circulating on the road, the stamps in circulation are pasted in the corner on the right front windshield of the car. Case of a certificate of circulation, circulation Stamps are lost, damaged, torn, then car owners have to take the car, check the circulation to level again.
3. When discovered by profile owners being provided, corrected, erased or certificate of circulation, circulation Stamp was issued does not match the car checked, the register unit must notify the competent authorities to take measures to handle in accordance with the law and is responsible for revoking certificates in circulation , Stamps in circulation was issued (if valid).
4. Certificate of circulation, circulation Stamps expire when: a) the vehicle has been issued the certificate of circulation and the circulation of new Stamps;
b) had reported the loss of car owners;
c) has announced the revocation of the register unit;
d) car accident to ensure technical safety and environmental protection.
Article 17. Reports and records 1. The register unit submit inspection reports circulating about the Vietnam register along with inspection reports circulation of motor vehicles.
2. irregular report when required by the competent authority.
3. Host a) profile of the car, check the records and documents are stored in the unit register;
b) records check circulation, noted the results of the checks in circulation must be stored within a period of 3 years from the date of check in circulation;
c) Vietnam Register register units guide about hosting the profile and the profile check circulation.
Chapter V PROVISIONS on ELIGIBILITY to PARTICIPATE in the LIMITED SCOPE of Article 18. Conditions for the driver of the truck drivers must have a licence from B2 upwards and must comply with the provisions of article 58-2008 Road Traffic Law.
Article 19. Conditions for participation 1. Car number plate and registration certificate by the competent State bodies.
2. Certificate of circulation.
3. The certificate of insurance of civil liability.
Article 20. Executive regulations when in traffic 1. The observance of road traffic rules, the level of sanctions and remedial measures of administrative violations in the field of road traffic according to government regulations and apply according to the same media type, freight cars from 15 seats down.
2. The scope, activities and time lines for four-wheel vehicle has engine due to the people's committees of provinces and cities under central rule.
Chapter VI article 21 ENFORCEMENT TERMS. The responsibility of the Vietnam register 1. Vietnam register is the State administration of quality technical safety and environment protection for buses in the scope of this circular; responsible for organizing Guide, professional direction of quality control in the manufacture, Assembly, import, check and test the implementation of this circular.
2. Uniform issuing, managing and guiding the use of the certificate; embryo quality test Voucher issued, certificates and Stamps released under the provisions of this circular.
3. Announcement lists the facilities tested do experiment serves for quality certification technical safety and environmental protection on the page of electronic information Vietnam register.
4. Inspect periodically or irregularly for the implementation of quality assurance of the production base, check the circulation of the register unit.
5. report the implementation of quality control, checking the circulation of technical safety and environment protection for the vehicle type according to regulation.
Article 22. The responsibility of test facility 1. Fully the conditions to perform the test, the test according to the provisions of this circular and the legal texts concerned.
2. Perform the test, testing and reporting test results in accordance with the regulations and is responsible for testing, test results.
Article 23. The responsibility of the Department of transportation 1. The report, the building and the people's committees of provinces and cities under central regulation range, routes and time of operation for vehicle according to the provisions of article 20 of this circular and fit the actual situation of the locality.
2. Checking and handling of violations of the laws of the individual unit, motor vehicle register locally in active circulation test car.
Article 24. The responsibilities of the registry of motor vehicles 1. Implementation of the inspection and certification of circulating, commemorative stamps issued for the vehicle. The head of the unit register and register live staff made check circulation must take responsibility for the test results.
2. Public order, procedures, content, processes, standards, regulations, fees and working time.
3. Make the storage mode, the report according to the regulations. Check daily data transmission, storage and password updated warning data from Vietnam register data network.
4. the previous periodic report monthly on the 5th test Car circulation about the Vietnam register and Department of transportation.
5. Executive and create favorable conditions for the inspection, testing, check activity monitor circulation of relevant authorities.
Article 25. The responsibility of the production base, the base imports 1. Responsible for the accuracy, honesty document profile was provided for the Vietnam register.
2. full cooperation with the Vietnam register during the inspection, checking on the quality of the product.
3. Make the recalled products as defined in Article 22 of the law on protecting consumers rights when detecting faulty product engineering.
4. Be responsible before the law if it violated the regulations on industrial property rights are protected.
5. Is responsible for moving the car prototype to test locations.
6. Manufacturing facilities to build a quality management system to ensure the maintenance of the quality of the products of mass production.
7. the importing facility must present original cars to Vietnam register performs the test, test at the venue were consistent with the Vietnam register.
Article 26. The responsibility of the vehicle in addition to the implementation of the rules on content check circulation, car owners also have the responsibility to implement the following provisions: 1. Not be faked, peeling, paste, erase, modify the content of the certificates circulated, stamps in circulation.
2. Provide exactly the information needed related to content check circulation, content administration, specifications of the vehicle, including the provision of records and documents relevant to the register.
3. Perform maintenance and repair in order to maintain the car's technical condition between two States examined.
4. Return certificate of circulation and commemorative stamps in circulation when it was reported the unit's recovery.
Article 27. Charges and fees for the Vietnam register, test facility and register unit are collecting fees and charges prescribed by the Ministry of finance.
Article 28. Effect 1. This circular is effective from July 15, 2015.
2. for the Vehicle in traffic within the limited circulation before the date of effect of this circular is to perform checks in circulation before September 15, 2015.
3. for Vehicles were checked, no certification in traffic if there is demand to participate in the limited range, the need to test, test and certification as to the car in traffic within the limit.
4. In the case of the text, reference document in this circular changes, additions, conversion shall apply according to the new text.
Article 29. The Organization made The Chief, Chief Inspector, the Director, General Director of the Bureau of roads in Vietnam, Director of the Vietnam register, Director of the Department of transport of the province or city level, heads of agencies, organizations and individuals concerned is responsible for the implementation of this circular.