Circular 16/2014/tt-Bgtvt: Regulations On Conditions For Freight Car Four Wheels Have The Engine And The Driver Of The Road Traffic Participants

Original Language Title: Thông tư 16/2014/TT-BGTVT: Quy định về điều kiện đối với xe chở hàng bốn bánh có gắn động cơ và người điều khiển tham gia giao thông đường bộ

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TRANSPORT DEPARTMENT
Number: 16 /2014/TT-BGTVT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 13, 2014

IT ' S SMART

Regulations on the conditions for the four-wheel cargo vehicle fitted with engine

And the driver of the road traffic.

_____________

The Road Traffic Law Base November 13, 2008;

The Product Quality Law Base, which was manufactured on November 21, 2007;

The Consumer Rights Protection Act on November 17, 2010;

Base of Protocol 132 /2008/NĐ-CP December 31, 2008, of the Government Regulation of the Blueprint of certain provisions of the Law Quality Law, goods;

Base of Protocol 171 /2013/NĐ-CP November 13, 2013 of the Government rules sanctions on the administrative breach in the field of road and rail transport;

Base of Protocol 107 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Transport;

At the suggestion of the Chief of Science-Technology and the Director of the Bureau of Vietnam,

The Minister of Transport issued a regulatory advisory on the condition of the four-wheel cargo vehicle with an engine attached and the operator involved in the road traffic as follows:

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information is about:

a) Technical safety quality and environmental protection in manufacturing, assembly, mining use of four-wheel cargo vehicles;

b) The condition for the four-wheel cargo vehicle has an engine attached and the operator when engaging in traffic;

2. This information is not specified for a four-wheel cargo vehicle that is manufactured, assembled and exploited for use in defence purposes, the security of the Ministry of Defence, the Ministry of Public Security.

What? 2. Subject applies

This information applies to organizations, individuals with regard to management, manufacturing, assembly, testing, quality testing, quality certification, and mining using four-wheel cargo vehicles with an engine.

What? 3. Explain words

In this Information, the words below are understood as follows:

1. The four-wheel cargo vehicle (later known as the Vehicle) is a motor-powered road-powered vehicle, with two axle, four wheels, with an engine and a cargo tank on the same rub (similar to a payload vehicle under 3,500). ). The car uses a gasoline engine, which has the largest engine capacity no larger than the 15 kW, the largest design velocity no larger than 60 km/h and the mass of self no larger than 550 kg.

2. System is the transmission system, the moving system, the suspension system, the brakes system, the steering system, the power system, the lighting system and the signal.

3. The Spirit is the systems, engines, frames, clusters, and details used to assemble the vehicle.

4. Product is the car and the car's components.

5. Product of the same type is the products of the same industrial owners, the same brand, design and specifications, which are produced on the same technology line.

6. Product type certification is the process of testing, testing, review, evaluation, and certification of the suitcases of a type of product with the current national technical process in terms of technical safety and environmental protection.

7. Test template is the type specimen created by the Free Manufacturing Facility or the Vietnam Registry for random-use testing.

8. Testing facility is the organization that is eligible and designated for the implementation of product testing according to the respective national technical standard and related legislation.

9. Manufacturing facility is the manufacturing business, the car assembly, and the car components that are eligible for technical facilities by regulation.

10. Product Error is the product of an error in the design, manufacturing, assembly that is capable of potentially endangering the lives and property of its users as well as adversely affecting the safety and environment of the community.

11. Product recall is the basis of the production of the production of batch products, the type of faulty product that the manufacturing facility has provided to the market for repairs, spare parts, or other products to prevent possible dangers due to faulty errors. in the process of designing, producing, assembling products.

12. Check out the quality of technical safety and environmental protection in use of use (the following call for a circulation check). is the conduct of inspections, assessment of the technical safety and environmental protection of the four-wheel cargo vehicle with an engine attached to the certification of vehicles that are eligible to participate in traffic within the range, the operating route and the operating time under regulation. The Committee of the People's Committee of the Central Committee of the Central Committee.

Chapter II

THE REGULATION OF TECHNICAL SAFETY CHECKS

AND PROTECT THE ENVIRONMENT IN MANUFACTURING, CAR ASSEMBLY.

What? 4. Prototype Test

1. The audit categories, testing and certification practices at Annex I and Appendix II issued this message.

2. The production facility is responsible for the testing of the test sample to the test site. The test facility is responsible for testing the sample in accordance with the processes that correspond to the national technical standards; reports the results of the test results according to the prescribed pattern and is responsible for its test results. In case of necessity, the Vietnamese Bureau directly oversees the testing.

3. Test Number

a) For the car: the sample number is 1 sample.

b) For the condition: the number of test samples prescribed at Annex II issued with this message.

4. Test template management

a) After testing and reporting the test results report, the Sampling Testing Facility and the test results report for the Production Facility.

b) The production base must perform a typical sample of no less than 01 years, since the production base date does not continue to produce, assemble the vehicles of the same type. The production facility is responsible for the management of the typical star model not to affect the environmental factors that damage the sample and may be present when required by the Vietnam Department of Registration.

What? 5. The registration records show the quality of the product type

The registration records for the quality of the type of product (later known as the certificate register record) include:

1. Record registration records for the condition (except for the engine of the imported):

a) A digital digital register with a technical drawing showing the main size, fabrication material, and product photos; the theory of symbols, the number of products on the product (if any);

b) The main test results report of the Test Facility;

c) The description of the process of manufacturing technology, assembly and testing of product quality;

d) The primary components used to assemble the engine (for the case of a product are the motor) according to the prescribed pattern at Annex III issued by this message.

2. Registration Profile for Car:

a) The registration of specifications in accordance with the prescribed pattern at Annex IV issued by this message;

b) The main report results Car test of the Test Facility;

c) The primary components used to assemble the Model Model Car at Annex V issued with this message;

d) The description of the manufacturing technology process, assembly and quality of vehicle quality;

The guide uses vehicles including the main specifications, the way the vehicles use the vehicles, the guidelines for fire safety and environmental protection; the Vehicle warranty (which notes the conditions and addresses of the warranty facilities);

e) A copy of the Business Registration Certificate or Investment in accordance with the Production Facility for the first time production, vehicle assembly;

g) The commitment of the Manufacturing Facility to the Type of Vehicle Type of Certification Certification does not infraction on the property ownership is being protected and the Manufacturing Facility is responsible for the provisions of the law if there is an invasion.

What? 6. Evaluation of Quality assurance conditions at the Production Facility

1. To ensure the maintenance of the quality of mass production products, the Manufacturing Facility must meet the following requirements:

a) The process and direction of the production, assembly, quality examination for each type of product type from the input of the input components quality control, the quality examination on each of the work and the workshop to ensure the safety of safety, the environment. and the technical features of the product;

b) There are enough of the necessary test devices for each production phase in accordance with the production process, the assembled assembly. A minimum catalog of the equipment required to carry out the inspection of the Prescribed Car production at Appendix VI accompanied by this message. This annual workshop quality test equipment must be checked by the Vietnam Bureau of Control and confirmed the status of operation;

c) There is sufficient human resources to carry out the production and quality examination in accordance with the production process, the assembly has proposed. Technicians are responsible for the quality of the manufacturer of the offshore manufacturer (the technology transfer party) or the Vietnam Bureau of Registration which is certified for the quality of the production of the production car, assembled.

2. The Vietnam Bureau of Registration conducts the quality assurance conditions at the Manufacturing Base (later called the COP review) according to the following contents:

a) Process and career guidelines for manufacturing, assembly and quality testing: input-of-input, test-on-stage testing, workshop checkup;

b) Quality inspection equipment;

c) The human resource is carrying out the quality examination.

3. COP review forms:

a) Evaluation of COP was first made when granting the Certificate of Engineering Safety and Environmental Protection to the type of product type.

b) The annual COP rating is made periodically annually.

c) The breakthrough COP assessment is made when the Manufacturing Facility has a sign of violating the regulations regarding the quality examination or when there are complaints about the quality of the product.

4. For similar types of products, there is no fundamental change in the process of manufacturing technology, assembly and product quality testing, and can use the previous COP review results.

5. For imported items under the mandatory subject inspection, if not conducting the COP assessment, the quality certificate is valid only for each of the imported shipments.

What? 7. Level certificate quality

The granting of the license to the quality of the type of product (later called the Certificate Certificate) is performed in the order and the manner is as follows:

1. The manufacturing facility sets up a certificate in accordance with the regulation at Article 5 of this Smart and directly submit or through the postal system to the Vietnam Register;

2. Vietnam Department of Registration received and checked the certification registration records. If the file component is incomplete by regulation, the production base guide is completed; if the full profile component is specified then unified on the time and location to perform the COP;

3. For a 10-day period of work, since the date of the adoption of the specified filing, the Vietnam Bureau of Registration is examining the filing of the certification registration records and the implementation of the COP assessment in accordance with Article 6 of this Information. If the requirement is not reached, the production base is to be completed; if required, the Certificate Level is provided by the prescribed pattern at Valla Annex and Vllb issued by this message during the 5-day period of work, since the date of the end of the examination, assessment. It's a request.

What? 8. Check in the production, assembly.

1. The production facility is only conducted in production, assembly of subsequent products after it has been issued certification and must ensure that these products are consistent with the certification registration record, the type specimen has been tested. The production facility is responsible for its origin, origin, quality of the products of the workshop.

2. Each of the mass production products must be produced by the production facility (after this is called the Dockyard).

The Vietnamese Bureau of Control may conduct a breakthrough examination. The case of a sudden test results indicate that the production facility violates regulations regarding the examination of the quality of the product, depending on the extent of the breach that will recover the certificate or apply the form of the examination of the workshop.

3. Based on the Class-type Quality Certificate Certificate and the implementation of the Export Inspection, the Production Facility will receive an embryo checking the quality of the workshop in accordance with the prescribed pattern at Annex VIII attached to this Smart batch for each batch of cars. Come on, come on.

4. Base to the test results of each of the vehicles, the Product Level Production Facility checks the quality of the workshop. A check on the quality of the workshop must be due to a competent person (the rank of deputy, deputy or subordinate directly authorized by the Office of the Head of Production) sign and stamp. Check out the quality of the export of the car for the car to register the car.

5. export profile

The manufacturing facility is responsible for setting up and granting each of the following Dockyard cars: The charge for the quality of the workshop is prescribed at paragraph 3 and paragraph 4; Manual for use; Bus warranty.

What? 9. Annual review, review of the Certificate of Receiving Certificates

1. Every year, based on the needs of the Manufacturing Base, the Vietnam Department of Registration conducts evaluation of the certificates issued according to the following content:

a) Comment COP by regulation at b point 3 Article 6 of this message;

b) Random sampling among the products of the same type at the Manufacturing Base, require a prescribed sample test at Article 4 of this Information. The production facility is responsible for transferring the sample to the test site.

2. The manufacturing facility must conduct additional certification procedures when regulations, national engineering regulations regarding the type of product type have been certified for change or when the product has changes that affect the suitcase of the type of product type, the product said. So, compared to regulation, the national technical standard corresponds. The production facility adds the following documents:

a) The documents concerning the change of the product;

b) The results of the results of new national engineering trials, regulations, and regulations.

3. The product type certificate will no longer be valid when violating one of the following regulations:

a) The product is no longer satisfying the regulations, the existing national technical norm or the product has a change, which is not consistent with the certification registration record, the Certificate of Certification that the Manufacturing Facility does not carry out the additional certification under the rules. It ' s about these two things.

b) The production facility severely violates regulations related to the examination of the quality of the product, the quality checkup of the quality of the workshop;

c) The manufacturing facility does not make a recall of the product failure of technical error by regulation at paragraph 3 Article 21 of this Information.

The certificates are no longer valid for the basis of written and published production facilities on the Vietnamese website.

Chapter III

THE REGULATION OF TECHNICAL SAFETY CHECKS AND QUALITY

ENVIRONMENTAL PROTECTION IN CAR USE

What? 10. Check records

When checked in, the owner of the car needs the following papers:

1. The car registration itself is issued by the state agency with the authority to grant or one of the papers in the following effect to show:

a) Copy that the bank's confirmed car registration is holding the paper itself.

b) The copy of the registered car registration paper of the financial leasing agency is holding the registration of the car registration itself.

2. The Certificate of Civil responsibility Insurance is also in effect.

3. The copy of the Quality Test Examination (for the first time-registration test of the first registered vehicles after this date is valid).

4. Certificate in the circulation of the previous test (for the case of examination for the next time).

What? 11. The registration unit performs a circulation check

1. The four-wheel cargo vehicle has a registered motor vehicle and a local license plate, which carries out a traffic check in the local registry unit.

2. The circulation test data is stored at the Register and on the Agency Database of the Vietnam Registry.

What? 12. Presentation, how to perform when checking your circulation

1. The owner of the car or the person who takes the car to a traffic check (later called the owner) takes the car and the prescribed papers at Article 10 of this message to the Registration Unit to check the circulation.

2. Check out the reception, check the profile. If incomplete or not valid, the driver guide is complete; if adequate, valid, fee-free, vehicle-capture and conduct examination of the categories under the test method specified in Appendix IX issued with this message.

3. For the first test case, the Registration Checklist Unit and the Periodic Inspection of the four-wheel drive vehicle is used by the prescribed pattern at Appendix XI attached to this message.

4. The test vehicle reached the standard, the Procurement Fee, which pays the collection of fees and issued a Certificate of Circulation Certification, the Tem circulated according to the prescribed pattern at Appendix X attached to this message.

5. The vehicle has no results, the Registration Unit announces the unreached audit category of the car for the owner of the car to repair, rectify to rectify, while the car notification does not reach the test network.

What? 13. Certificate of circulation, Tem circulated

1. The validity period of the Certificate of Circulation:

a) The first test case: 12 months for the New Car, which has not been used until 2 years, since the year of production; 06 months for the New Car, which has not been used for over 2 years, since the year of production.

b) The next examination: 6 months.

c) The validity period of the Circulation Certificate Certificate does not exceed the expiration date of the Car Registration (if any) or the date of the expiration date of the use.

2. The Certificate of Circulation, Tem is published by the Vietnam Bureau of Control. The Certificate of Circulation, Tem circulated printed from the software program administered by the Vietnam Bureau of Registration, published. The certificate, Tem is required to have the same series and have the same content consistent with the vehicle's specifications published by the Vietnam Bureau of Registration.

a) The circulation certificate is assigned to the owner of the car to carry while circulating on the road, Tem circulating is pasted at the upper right corner, face in the windshield in front of the car.

b) The certificate of circulation, the missing, broken, broken, the owner of the car has to take the car to check it for granted.

3. When the discovery of a file by the owner of the vehicle is tamper or repaired, the removal; the Certificate of Circulation, the issued Tem is unsuitable for the checked car, the Registration Unit must inform the authorities to take the prescribed treatment of the vehicle. the law and the responsibility for revoking the Certificate of Circulation, Tem is issued (if still valid).

4. Certificate of circulation, Tem saves all the effect when:

a) The car has been issued with the new traffic and circulation certification;

b) there was the loss of the owner of the car;

c) There is a recall message of the Registration Units;

d) The vehicle was in an accident to the point of not ensuring technical safety and environmental protection under regulation.

What? 14. Report and file storage

1. Subscription units submit a report to the Vietnam Registration Service along with the motor vehicle inspection report.

2. The report breaks out when there is a request by the authorities.

3. Save

a) A car profile, a circulation check record, and related documents stored in the Post-Control Units.

b) The audit test record, the result of which records the results of the retention tests: Archive for the 03-year period since the date of the circulation examination. Car records were canceled after 3 years, since the expiration of the expiration date.

c) The Vietnam Post Office instructs the Registration Units for the storage of the car records and the circulation check records.

Chapter IV

REGULATION OF CONDITIONS WHEN ENGAGING IN TRAFFIC

What? 15. Conditions for Car Controller

The driver of the four-wheel cargo vehicle has a licence-driven vehicle from the B2 and has to comply with regulations at Article 58 of the 2008 Road Traffic Law.

What? 16. Conditions for Cars

1. The car must ensure the safe quality of engineering and protection of the regulatory environment at this Smart State when engaging in traffic.

2. The shelf life for a four-wheel cargo vehicle has an engine attached to the Article 4 of the Digital Protocol. 95 /2009/NĐ-CP October 30, 2009, the Government regulates the term for use on passenger cars and passenger cars.

What? 17. Accept of regulation when engaging in traffic

1. The approval of the road traffic rule, the penalty level and the remediation measures of administrative violations in the field of road traffic under the Government ' s regulations and applies in accordance with the type of vehicle similar vehicles that are loaded with less than 3,500 people. Go.

2. Range, operating route and operating time for a four-wheel cargo vehicle fitted by the Chairman of the Provincial Committee of the Provinces, the Central City of Central City regulates the local real conditions base, ensuring that the principle does not allow it. This type of vehicle is engaged in traffic on the highway, and the road routes are designed in accordance with the Grade I and Level II standards.

Chapter V.

EXECUTION CLAUSE

What? 18. The responsibility of the Vietnam Post Office

1. Vietnam ' s Department of Registration is the State Administration of Technical Safety and Environmental Protection against products that are in the regulatory range of this Information; it is responsible for organizing guidelines, directing professional expertise in substance testing and quality management. the amount in production, assembly, inspection and inspection of this information.

2. Unity to release, manage and guide the use of certificates; quality test embryos, Circulation Certificates and Tem circulated.

3. Notice a list of testing facilities that perform a service test for the certification of technical safety and environmental protection on the Vietnamese website.

4. Organization for inspection, inspection periodically or mutants for the implementation of the quality assurance of the Manufacturing Facility, which checks the circulation of the Registration Units.

5. Technical safety test reporting and environmental protection for four-wheel cargo vehicles with a prescribed motor vehicle.

What? 19. Transport Department of Transport

1. Report, construction and the Provincial Committee of the Provincial People's Committee, the Central City of Regulation, the scope, the operating route to the four-wheel cargo vehicle that attels the engine to the local situation.

2. Check and dispose of the personnel, the Registration Unit of the Department in the implementation of a four-wheel cargo vehicle carrying the engine attached to the engine. Co-ordination with the Vietnam Bureau of Registration is examining the operational control of a four-wheel cargo vehicle which is the motor vehicle of the local motor vehicle registration units.

What? 20. The responsibility of the motor vehicle registration unit

1. Make up the circulation check and grant the Certificate of Circulation, Tem circulate for the four-wheel cargo vehicle with a prescribed motor. The head of the Registration Unit and the direct checklist performs the circulation check that is responsible for the test results.

2. Public sequencing, procedure, content, process, standard, regulation, fee, fee, and work time.

3. Do the storage mode, the prescribed report. Transmit daily inspection, password preservation, and update the report data from the Vietnam Post Office data network.

4. Send a pre-monthly annual report on the inspection of the four-wheel cargo vehicle that is attached to the Vietnam Registry and the Department of Transport.

5. Accept and facilitate the inspection, inspection, monitoring operation of the functional body's circulation.

What? 21. The responsibility of the Production Facility

1. Take responsibility for the accuracy, honesty of the document profile provided to the Vietnam Department of Registration.

2. Full cooperation with the Vietnam Department of Registration during the inspection, examination of the quality of the product.

3. Make the recall of the prescribed product at Article 22 of the Consumer Rights Protection Act when the product is found to be technically faulty.

4. The manufacturing facility must build a quality management system aimed at ensuring the maintenance of the quality of mass production products.

5. Responsable to the pre-issue of the law if the violation of the ownership of the industrial property is being protected.

What? 22. The driver's responsibility

In addition to the implementation of the content in this Information, the owner of the car is responsible for the following regulations:

1. Not faking, self-exploitation, pasting, deleting, revising the contents of the Circulation Certificate, Tem circulated.

2. Provide accurate documentation of relevant information regarding the content of circulation, administrative management content, vehicle specifications, including the provision of files, documents related to the Registration Units.

3. Practice of maintenance, repair to maintain the technical condition of the vehicle between two circulate tests.

4. Nfiled the Circulation Certificates and Tem circulated when the recall message was issued.

What? 23. Charge and fees

The Vietnam Bureau of Registration, the Testing Facility and the Registration Unit are charged with fees and charges according to the Ministry of Finance regulation.

What? 24.

1. This message has been in effect since July 1, 2014 and repel the following text:

a) Decision number 3917 /QĐ-BGTVT on December 31, 2009 by the Minister of Transport for interim regulation of technical safety testing and environmental protection against the four-wheel cargo vehicle that was associated with manufacturing, assembly, and assembly. the water;

b) Decision No. 614 /QĐ-BGTVT on March 12, 2010 and Decision No. 3667 /QĐ-BGTVT on December 28, 2010 by the Minister of Transport for the modification, additional Articles of Decision 3917 /QĐ-BGTVT on December 31, 2009 of the Ministry of Transport. The Ministry of Transport for Transport and Environmental Protection for the four-wheel cargo vehicle is equipped with a production engine, assembly in water.

2. Since 1 January 2015, the driver of the four-wheel cargo vehicle has an engine attached when participating in the traffic must have a suitable driver's license under regulation at Article 15 of this Smart.

3. The appropriate certificates, the quality of the quality of the export of the workshop and the effect that were granted before the date of this date are valid for the expiration of the shelf life.

4. In the case of documents, references in this message have the change, addition, conversion, the new text applies.

What? 25.

Chief of the Department, Chief Inspector of the Department, the ministers of the Ministry, General Secretary General of Vietnam Road, Vietnam Department of Registration, Director of the Transport Department of Vietnam, Director of the Central Transportation Department, Central Committee of the Central Committee, Director of the Agency, Organization and Fish This is responsible for the execution of this information.

Minister.

(signed)

The La rose.