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Circular 70/2015/tt-Bgtvt: Auditing Rules On Technical Safety And Environmental Protection Of Motor Transport On Road

Original Language Title: Thông tư 70/2015/TT-BGTVT: Quy định về kiểm định an toàn kỹ thuật và bảo vệ môi trường phương tiện giao thông cơ giới đường bộ

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CIRCULAR auditing rules on technical safety and environmental protection of motor transport roads _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 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 the circular on the accreditation provisions of technical safety and environmental protection of motor transport on road.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular auditing rules on technical safety and environmental protection of motor transport by road (hereinafter referred to as motor vehicles).
2. This circular does not apply to: a) motorcycles, mopeds, tractors, and similar vehicles;
b) motor vehicles of the army, the police use on defense purposes, security.
Article 2. The object that applies to this circular apply to organizations and individuals related to the auditing activities of technical safety and environmental protection of motor vehicles (hereinafter abbreviated as ATKT and PROVINCIAL).
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. technical safety testing and environmental protection of motor transport by road (hereinafter referred to as accreditation) is the practice test, reviews the status of the PROVINCIAL motor vehicles and ATKT according to standards the standard rules, regulations.
2. The certificate of inspection of technical safety and environmental protection of motor transport by road (hereinafter referred to as the audit certificates) is evidence of motor vehicles have been tested and meet the standards, regulations, standards of quality and ATKT SOC TRANG.
3. technical safety inspection Stamps and environmental protection of motor vehicles (hereinafter referred to as the audit Stamp) is the symbol for motor vehicles have been auditing and certification are allowed to participate in road traffic according to the time limit on the inspection Stamp on the territory of the Republic of Vietnam and socialist countries that Vietnam signed the agreement receive mutual inspection certificate.
4. The motor vehicle a motor vehicle is pristine with no change in texture, shape, layout, working principle, specifications, technical characteristics of the whole system, of the design of the manufacturer.
5. The votes of the media file is a record of the administrative information, specifications of the vehicle's original and updated the changes during use.
6. The vote is a test results and photos of each motor vehicle inspection.
7. auditing of the embryo is only Printing: certificate of inspection, inspection Stamps and Vote up the media profile.
8. the motor vehicle register unit (hereinafter referred to as the register) is the organization that qualify under the rules and granted certificates of motor vehicle inspection activities.
9. Media records including the record-setting Votes means and papers relating to the management of administration, specifications when first testing and changes throughout the course of the use of motor vehicles.
10. audit records include the papers noted the results of each inspection, audit certification.
11. The owner of the car including the motor, drive or take vehicles to inspection.
12. the audit management program is a software system by the Vietnam register building serve the management of administrative information, specifications and test results of motor vehicles used in the register unit and the Vietnam register.
13. technical document is the document of manufacturer, certificate of the competent authority, the manual specifications, standards, technical standards or other technical publications were issued and the obvious origin.
Article 4. The behavior was not carried in the motor vehicle inspection 1. Not enough content control, no proper processes, regulations, refuse accreditation for motor vehicles without a good reason.
2. when auditing auditing equipment does not guarantee the accuracy; When the network connection test results of inspection equipment is damaged; external control lines, in addition to the wrong unit.
3. Arrange the work do not control regulation.
4. request a shuttle car, home repairs, maintenance in facilities repair and maintenance.
5. recording false fees regulations; negative behavior, harassed and receiving money or gifts of any kind.
6. The audit and inspection certificates for motor vehicles off early expiry date; When the inspection had not suggested text of State administration authorities or breach has warned on the audit management program.
7. Set the record for motor vehicles, using auditing, prints in the audit certificate, inspection Stamps and the audit results reports are not properly regulated.
Chapter II CONTROL of MOTOR VEHICLES article 5. Required documents when the media file and test 1. Making the media the media records made before the first test vehicles to join the traffic. When putting vehicle to register unit to establish a media profile, car owners should produce, submit the following documents: a) to present original vehicle registration certificate by the competent State agencies or one of the following valid documents: a copy of the vehicle registration certificate certified by the Bank are detained; Vehicle registration certificate copy certified by the leasing organization; Vehicle registration certificate level appointment;
b) to present the originals of certificates of insurance of civil liability of owners of motor vehicles remains in effect;
c) submission of proof of origin means, include one of the following documents: a copy of factory quality control Votes for the motor vehicle manufacturing, and Assembly in the country; Copies are attested decided to confiscate the auction of authority with respect to motor vehicles seized for auction; Copies are attested for the liquidation decision of motor vehicles of the defence forces, police; Copies are attested decided to sell the car to the national reserve;
d) Filed a certificate of the quality and the PROVINCIAL motor vehicle ATKT renovations (for new vehicles to renovate).
2. When making control for motor vehicles to register unit for car owners need to present, filed the paperwork and provide the following information: a) The documents referred to in points a, b and d clause 1 of this article.
b) information about the username, password and access management WEB site address the monitoring equipment the journey for vehicles subject to surveillance equipment mounting itineraries.
Article 6. Register performs unit testing 1. The media audit, records (including when supplements, media profile modifications) for vehicles made at any register units would all over the country.
2. Motor vehicles are tested on test lines. Oversized vehicles case overload, not on the lines of the inspection shall be to check the work and effective brake on the try line. For motor vehicles operating in the region of the island, the remote areas not eligible to take the car to the check post, the unit is calibrated in addition register unit; the order and the way to follow the provisions in paragraph 3 article 8 of this circular.
Article 7. Make checks, reviews of motor vehicles 1. The test content, test methods and defective, damaged by vehicles when test is prescribed in annex I attached to this circular.

2. Defects, damage of vehicles in the test are categorized into 3 levels as follows: a) defective, no significant damage (MINOR DEFECTS-MiD) is damaged does not cause loss of technical safety, pollution of the environment when vehicles in traffic. Motor vehicles remain tallying certification.
b) defective, damaged important (MAJOR DEFECTS-MaD) is damaged can cause loss of technical safety, pollution of the environment when vehicles in traffic. Motor vehicles are not audit certification, must repair the damaged for sure.
c) defective, damaged danger (the DANGEROUS DEFECTS-DD) is damage direct and immediate danger when vehicles in traffic. Motor vehicles are not auditing, certification is not involved in traffic and having to repair the damage to test again.
3. Motor vehicles at the same time there are damaged in the different levels will be valued at the highest damage.
4. Motor vehicles are more damaged the same level will be assessed at the next higher level of damage as if the combination of dangerous damage to motor vehicles.
5. The inspection, condition rating ATKT and provincial motor vehicle due to the registry staff perform, each motor vehicle may assign one or more register.
6. The motor vehicle to the inspection to be photographed at the check post units, namely: a) the overall photography and photo registration plates of motor vehicles to print on auditing Votes;
b) motor vehicle to photograph printed on the certificate of inspection. Photo taken in about 45 degrees diagonal angle from behind (for passenger car taken behind the forward right side of the vehicle); crisp shots (minimum resolution 1280 x 720), show the overall car and truck number plate, the motor vehicle photo makes up about 75% of the area of the photo.
7. Registry staff driving when checking the vehicle. The case for combination vehicles (tractors and trailers; shirts and bodied trailer cars), automotive cargo on 30 seats if not driving a car then you can register the proposal car owners driving implementation.
Article 8. Order and practices 1. Establishment means a) register unit receiving records, if the vehicle has enough papers according to the provisions in clause 1 of article 5 of this circular, the receiving register unit, check and print the specifications of the vehicle from the database of the Vietnam register (except motor vehicles seized for auction has not passed verification , car to car, liquidation of national reserve); If incomplete or invalid, then the car owner's Guide to perfect again.
b) motor vehicle inspection, collated with the paper and printing specifications.
c) If reached then enter specifications, information, administration of the motor vehicle to the inspection and management program in the media establishment Votes according to the form prescribed in annex II of this circular; If not, then the complete vehicle owners manual.
d) Taken two clear overall picture number plates of vehicles to save (a photo in the corner diagonally about 450 from the front side of the car and a photo from behind the opposite corner).
2. register unit in the Organization, individuals take motor vehicles and documents prescribed in paragraph 2 of article 5 of this circular to the check post to unit test.
a register unit) receiving, inspecting, collated with data on audit management program. If incomplete or invalid, then guide the perfect vehicle (vehicle registration certificate is not valid when counterfeit marks; the content being corrected, erased; too validity period); If valid, then fully charge, inspect, evaluate and ATKT provincial motor vehicles and in auditing the vote according to the form prescribed in annex III attached to this circular.
b) motor vehicle inspection unit, register fee audit certification. Pay inspection certificate; Invoice register fee, the fee for the certification test soon for car owners and stamping for test vehicles.
If the motor vehicle only appointment vehicle registration license, register unit performed test, if only stamping on auditing and granting appointments charged the audit certificate to the owner of the car according to the form prescribed in annex IV of this circular. When car owners car registration certificate shall register unit charged the audit certificate.
c) vehicle inspection if there are defective, damaged items, the unit posted check out print and send notifications for these defective, damaged according to the form prescribed in Appendix V attached to this circular to repair, remedy. The case is the control unit of the notice register vehicles on auditing management program; motor vehicles can be sure at any register unit.
3. external control unit register a) car owners have proposed text stating the reason, audit locations outside the unit register accompanied by a list of vehicle inspection recommendation sent directly or through the postal system or other appropriate form to the register unit.
b) register unit test, considering the proposal of vehicle owners, if the right audience and qualified way try then within 3 working days from the date of receiving the written recommendation of register units, vehicle owners have submitted Vietnam register text suggest control outside the register unit attached to a motor vehicle list , the type of equipment needed to test; the recommended text can send directly or through the postal system or other appropriate form. The case does not qualify the way try the written notice to the owner of the car and stating the reason.
c) Vietnam register checking, reviewing the records, within 3 working days from the date of receiving the text proposed text reply sent units of the check post.
d) car owners take the car to the test location, the unit register the motor vehicle testing conducted according to the sequence and manner of implementation as defined in paragraph 2 of this Article. The absence of test results by the device to empty on inspection Slips 4. Additional acknowledgement, modify the media profile when vehicles have changed the administrative information.
a car carrying the papers) as defined in article 5 of this circular and related documents to register unit to record the change.
b) register unit test papers: If full and valid then noted the change in media records and audit management program; If incomplete, invalid, then the instructions right to complete vehicles. Unit does not register the case records management means must then send the papers related to additional content, modification of register units record management means to update and store the media profile.
5. additional records, modify the media profile when vehicles have changed the specifications.
a) car owners take vehicles along the papers according to the provisions of article 5 of this circular and papers, technical documents related to the check post to unit test, noting the change.
b) register unit test papers, collated with the audit management program: if incomplete, invalid, then the instructions right to complete vehicle; If full, valid papers, the inspection, photographing and noting the additional, modifying a media profile, the audit management program. Register Unit case done no testing is the unit registry records management means the register unit must submit the paperwork related to additional content, modify, copy the certificate to the inspection unit registry records management the means to update and store the media profile.
Chapter III records, PRINTS and REPORTS INSPECTION article 9. Certificate of inspection, inspection Stamps

1. The motor vehicle inspection requirements be auditing certification and inspection Stamps according to the model specified in annex VI of this circular. Certificate of inspection, inspection Stamps issued to vehicles must have the same serial number, are printed from audit management program on the workpiece due to unified Vietnam register, whose contents match the media profile and data on audit management program.
For mounting cars grading equipment used in testing centre drive, loading cars used in railway stations, ports, mining, forestry (no need to join the road traffic); motor vehicles not involved road traffic, only the certification audit and non-audit Stamp.
For oversized vehicles, overloaded operations in narrow range, only the certification audit and non-audit Stamp, on the inspection certificate inscription: "When roads have to ask permission of road management agencies".
2. Validity period of the certificate of inspection and auditing Stamps issued under auditing cycle prescribed in annex VII attached to this circular but not beyond the expiration date of the vehicle registration certificate (if available) or on the motor vehicle annual expiry date runs out.
The case of motor vehicles are in the process of finalizing the registration profile, the roaming profile; new motor vehicles or are in the process of manufacturing, importing, improving; motor vehicle registration number plates not available but need to join the traffic to move about the location necessary, tested (not present, filed the papers specified in article 5 of this circular) and the certification test has a time limit not exceeding 15 days.
3. audit certificates are delivered to the car owners to bring in traffic, inspection Stamps affixed in the upper right corner, the front windshield of a motor vehicle. Motor vehicle case no front windshield, inspection Stamps are glued to the frame of the car, near the location of the registered number plate mounting, outside there are layers of protection throughout.
4. The certificate of inspection, inspection Stamps are lost, damaged, torn, then car owners have to take the car back to auditing auditing certification, inspection Stamps.
5. When discovered by profile owners being provided or corrected, erased; Certificate of inspection, inspection Stamps were not consistent with the level of motor vehicle inspection was, the unit register must inform the relevant authorities and is responsible for revoking the certificate of inspection, inspection Stamps have been issued for the vehicle (if valid).
6. The certificate of inspection and auditing Stamps expire when: a) the motor vehicle has been issued a certificate of inspection and auditing new Stamps;
b) had reported the loss of car owners;
c) has announced the revocation of the register unit;
d) motor vehicle accident to ensure technical safety and environmental protection as prescribed;
DD) actual specifications of the vehicle does not conform with the specifications on the certificate of inspection.
Article 10. Order Indian auditing only allocated 1. Set up and register unit submit proposals to provide Indian auditing only records (directly or via postal or electronic mail) according to the form prescribed in annex VIII of this circular about the Vietnam register from October 15 to 20 of the last month of each quarter.
2. Vietnam register based on the needs and capacity of the unit register to send prints via the postal inspection or directly to the unit register from October 23 to 30 of the last month of each quarter.
Article 11. Inspection reports The register unit submit inspection report about the Vietnam register, as follows: 1. report periodically (via postal mail or fax or email) before July 10 of next month include: a) reported the results of inspection and report the use of printed Indian auditing only from audit management program.
b) inventory report auditing prints according to the form prescribed in annex IX of this circular.
2. Data transfer test results on the basis of the data of the auditing program manager at the Vietnam register a minimum of once a day under the guidance of the Vietnam register.
3. Before October 1 of every year, reports the list of cars is out dated term used from 1 January of that year, according to the form prescribed in annex X of this circular.
4. Each year, the report lists cars will end early due January 1 of next year according to the form prescribed in annex X of this circular.
5. The report at the request of the competent authority.
Article 12. Archive records, auditing data register unit must manage, archive media profile, inspection records and auditing data. An archive requires a well-preserved, full, easy to follow, easy to check.
1. Media records include: a) the media establishment Vote;
b) papers referred to in point c of paragraph 1, article 5 of this circular;
c) ATKT quality certificates and PROVINCIAL motor vehicle restoration (for vehicle restoration);
d) The overall picture of motor vehicles as defined in point d of paragraph 1 of article 8 of this circular (even when vehicle number plate change or improvement and change specifications, shape general layout);
DD) copy of the certificate of inspection for the first after the establishment of the media profile or change the specifications;
e) vehicle registration Certificate copies when first test after setting the media record or change vehicle registration Certificate;
g) of papers related to the addition, modification of administrative information, specifications in the course of use of the motor vehicle (if any);
h) where the motor vehicle inspection for the first time at the register unit not records management means: If the audit results reach the register unit submit a copy of the certificate of inspection of register management units media profile.
2. audit records include: a auditing the votes); for auditing case back in the days, the test Votes in the same set of audit records;
b) copies of the papers: vehicle registration Certificate, certificate of inspection, inspection Stamps new levels for motor vehicles;
c) the papers concerning additions, edits the media profile is not due to the management unit;
d) prints the test results of devices monitoring the journey through the Website.
3. the audit data stored in the registry unit and on the basis of the data of the auditing program manager at the Vietnam register.
4. time, a archiving destination) media and the profile management Window, in the process setting the media record: Save at the check post set up a media profile during the use of motor vehicles. For most youth media shelf, canceled after 3 years (36 months) since most early motor vehicles.
b) audit records and Shared management, allocate inspection process: Save at the post audit check and cancel after 3 years (36 months) from the date of inspection.
c) vehicle on the test must be recorded on the inspection process line and stored in the unit register a minimum of 30 days from the date of the motor vehicle inspection.
Chapter IV RESPONSIBILITIES of ORGANIZATIONS and individuals, article 13. The responsibility of the vehicle in addition to the implementation of the contents of this circular car owners also have the responsibility to implement the following provisions: 1. Not be rented, loaned a total of finished parts, accessories of motor vehicles aims to deal to meet the requirements when testing; fake, erase, modify the content of the certificate of inspection, inspection Stamps.

2. Provide exactly the information needed related to auditing, content, content administration, specifications of the vehicles including the provision of records and documents relevant to the register.
3. Preservation of the certificate of inspection, inspection Stamps.
4. Return certificate of inspection and the audit Stamp when it was reported the unit's recovery.
Article 14. The responsibility of the Vietnam register 1. Organize, guide, professional direction of motor vehicle inspection, check in the implementation of this circular.
2. Construction, management, unified manual audit management program, auditing databases across the country, networking data communication and data management of motor vehicle inspection of the unit.
3. Perform the test, reviews periodically the suitability of infrastructure, human resources, records, archives, and other reporting requirements under the rules for the register unit.
4. Perform test, calibration, annual assessment of the status, the operation of control equipment in the unit register according to the provisions of the law on metrology, requirements of the manufacturer of the equipment, the requirements of the quality inspection of motor vehicles.
5. Organization of training on professional motor vehicle inspection. Reviews, appointment, dismissal, and revoke certificates of registry staff.
6. Perform regular monitoring, inspection, periodic and irregular operation of the unit. Handling violations of individual and unit registry of motor vehicles according to the regulations.
7. Print, manage, allocate and use guide prints, certificate of inspection.
8. Reporting the results of inspection under the rules.
Article 15. The responsibility of the Department of Transportation Department of Transportation Department, central cities are responsible for implementing and coordinating with Vietnam register to perform the State management on the inspection of motor vehicles according to the local authority.
Article 16. The responsibilities of the registry of motor vehicles 1. Perform the test and inspection certificates for motor vehicles. The head of the registry unit, in charge of the line, the check post and staff control implementation services are responsible for auditing results.
2. Public order, procedures, content, processes, standards, regulations, fees and working time.
3. Make the storage mode, the report according to the regulations. Data communication on auditing, password maintenance and update of data warning from data network Vietnam register under regulation.
4. Executive and create favorable conditions for the inspection, testing, monitoring the Agency's auditing function. Vietnam register report, the Department of transportation when the test results.
5. Manage, allocate the types of prints, certificate of inspection rules.
6. Regular business conduct education for the cadres and staff register, against the negative in the auditing activity of the unit.
7. Inspection, maintenance and repair in order to maintain accuracy, the status of operation of the equipment, the prescribed auditing tools. Vietnam register report and the local transportation Department when the device, control lines.
8. Management, supervision of the auditing activity in the unit; reminded car owners not to money, valuable objects on the car when on inspection.
9. Implementation of the audit before registration (by phone, e-mail, electronic information page) for the motor vehicle when the car needs.
10. Build training plans, annual and long-term training for registry staff, professional staff in the unit to ensure and improve motor vehicle inspection.
Chapter V article 17 ENFORCEMENT TERMS. Effect 1. This circular has effect from January 1, 2016 and removal of the following text: a) Circular No. 56/2012/TT-BGTVT dated 27 December 2012 of the Minister of transportation regulations on auditing procedure technical safety and environmental protection of motor transport on road.
b) Circular No. 60/2013/TT-BGTVT dated 30 December 2013 of the Minister of transport to modify article 7 of circular No. 56/2012/TT-BGTVT dated 27 December 2012 of the Minister of transport rules on inspection and the PROVINCIAL ATKT;
c) Circular No. 10/2009/TT-BGTVT on June 24, 2009 by the Minister of transportation rules about checking the ATKT and PROVINCIAL motor transport by road;
d) Circular No. 10/2014/TT-BGTVT dated 23 April 2014 edits, added some articles of circular No. 56/2012/TT-BGTVT dated 27 December 2012 of the Minister of transport of the auditing rules on technical safety and environmental protection of motor transportation road and circular No. 10/2009/TT-BGTVT dated 24 June 2009 of the Minister Transportation regulations regarding test ATKT and PROVINCIAL motor vehicle road.
2. The certificate of inspection and auditing Stamps because the check post was granted for the vehicle before the date this circular effect is still valuable for the remainder of the period.
Article 18. The Organization made The Chief, Chief Inspector, the Director, General Director of the Bureau of roads, 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.