Thông tư 19/2014/TT-BGTVT

CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE MINISTRY OF TRANSPORT’S CIRCULAR No. 23/2009/TT-BGTVT DATED OCTOBER 15, 2009 ON INSPECTION OF TECHNICAL SAFETY, QUALITY AND ENVIRONMENTAL PROTECTION FOR DEDICATED VEHICLES, CIRCULAR No. 44/2012/TT-BGTVT DATED OCTOBER 23, 2012 ON INSPECTION OF TECHNICAL SAFETY, QUALITY AND ENVIRONMENTAL PROTECTION FOR IMPORTED MOTORBIKES AND IMPORTED ENGINES FOR MOTORBIKE MANUFACTURE AND ASSEMBLY, AND CIRCULAR No. 41/2013/TT-BGTVT DATED NOVEMBER 05, 2013 ON INSPECTION OF TECHNICAL SAFETY AND QUALITY FOR E-BIKES

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Law on Product and Goods Quality dated November 12, 2007;

Pursuant to the Government's Decree No. 132/2008/NĐ-CP dated December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality ;

Pursuant to the Government's Decree No. 187/2013/NĐ-CP dated November 20, 2013 detailing the implementation of a number of articles of the Law on international sale and purchase of goods, and goods sale, purchase, processing and transit agency activities with foreign countries;

Pursuant to the Government’s Decree No.107/2012/NĐ-CP dated December 20, 2012 regulating functions, authorities and organizational structure of the Ministry of Transport;

At the proposal of General Director of the Department of Science and Technology and General Director of the Vietnam Register,

The Ministry of Transport promulgates the Circular amending and supplementing a number of articles of the Ministry of Transport’s Circular No. 23/2009/TT-BGTVT dated October 15, 2009 on inspection of technical safety, quality and environmental protection for dedicated motor vehicles, Circular No. 44/2012/TT-BGTVT dated October 23, 2012 on inspection of technical safety, quality and environmental protection for imported motorbikes and imported engines for motorbike manufacture and assembly, and Circular No. 41/2013/TT-BGTVT dated November 05, 2013 on inspection of technical safety and qualify for e-bikes (hereinafter referred to as the Circular No. 41/2013/TT-BGTVT).

Article 1. Amending and supplementing a number of articles and the Appendix of the Circular No. 23/2009/TT-BGTVT as follows:

1. Amending Clause 3, Article 5 as follows:

“3. Upon suspicion that frame and engine numbers of dedicated motor vehicles have been erased, modified or re-stamped, the quality inspection agency shall organize appraisal poll at the premises of the professional appraisal organization for specific results.”

2. Supplements to Clause 4, Article 6 as follows:

“4. For imported used engine attached chassis (including new chassis attached with used engines or used chassis attached with new engine) or dedicated motor vehicles with frame and engine numbers being erased, modified, re-stamped, the quality inspection agency shall handle as follows:

a) Stop all procedures for inspection and certification of technical quality, safety, and environment protection for imported dedicated motor vehicles;

b) Make a written record of the dedicated motor vehicle violating the provisions set out in the Decree No. 187/2013/NĐ-CP according to the form regulated in the Appendix XI enclosed herewith ;

c) Within a period of no later than three working days since the conclusion of the violation is issued, the quality inspection agency is responsible for making a written notice to importers and customs authority (where import procedures are done) for handling according to the regulations."

3. Adding the Appendix XI to the Circular No.23/2009/TT-BGTVT corresponding to the Appendix I enclosed herewith.

Article 2. Amending and supplementing a number of articles and the Appendix of the Circular No.44/2012/TT-BGTVT as follows:

1. Supplements to Point c, Clause 3, Article 6 as follows:

“c) For used vehicles (except imported, temporarily imported vehicles as defined in Clause 5, Article 5 of this Circular) or vehicles with frame and engine numbers being erased, modified and re-stamped, the quality inspection agency shall stop all procedures for inspection and certification of technical quality, safety, and environment protection for imported vehicles and make a written record of violations of the provisions set out in the Decree No. 187/2013/NĐ-CP according to the form at the Appendix VI enclosed herewith;

Within a period of no later than three working days since the minutes of violations are issued, the quality inspection agency shall make a written notice to importers and Customs Authority (where the import procedures are done) for handling as regulated.”

2. Adding the Appendix VI to the Circular No.44/2012/TT-BGTVT corresponding to the Appendix II enclosed herewith.

Article 3. Amending and supplementing a number of articles and the Appendix of the Circular No.41/2013/TT-BGTVT as follows:

1. Supplements to Point d, Clause 2, Article 8 as follows:

“d) In case imported vehicles are used ones, the quality inspection agency shall stop all procedures for inspection and certification of technical quality, safety, and environment protection for imported e-bikes and make minutes on the imported vehicles violating the provisions set out in the Decree No. 187/2013/NĐ-CP according to the form at the Appendix V enclosed herewith.

Within a period of no later than three working days since the minutes of violations are issued, the quality inspection agency shall make a written notice to importers and Customs Authority (where the import procedures are done) for handling as regulated.”

2. Adding the Appendix V to the Circular No.41/2013/TT-BGTVT corresponding to the Appendix III enclosed herewith.

Article 4. Effect

This Circular takes effect since July 15, 2014.

Article 5. Implementation

1. The Chief of the Ministry Office, the Chief Inspector, General Director of the Vietnam Register, heads of agencies, organizations and relevant individuals shall be responsible for executing this Circular.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Transport for consideration and handling./.

APPENDIX I

ADDING APPENDIX XI TO THE CIRCULAR No. 23/2009/TT-BGTVT DATED OCTOBER 15, 2009
(Enclosed with the Circular No. 19/2014/TT-BTGVT dated May 28, 2014)

APPENDIX XI

SPECIMEN RECORD OF DEDICATED MOTOR VEHICLES VIOLATING PROVISIONS SET OUT IN THE DECREE 187/2013/NĐ-CP
(Enclosed with the Circular No. 23/2009/TT-BGTVT dated October 15, 2009)

WRITTEN RECORD OF DEDICATED MOTOR VEHICLES VIOLATING PROVISIONS SET OUT IN THE DECREE 187/2013/NĐ-CP

As requested by:……………………………………………………………………..

Today,….dated………, at……………………………………..

………………………………………………………………………………………………

The Vietnam Register has carried out the inspection of the following vehicles:

- Brand/Type:……………………………………………………………………

- Frame number:……………………………..Engine number:……………………………

- Registration No.:…………………………………….. Declaration No.:…………………………………………….

Based on the results of inspection, relevant papers and applicable provisions, the Vietnam Register finds that the abovementioned vehicle has violated the provisions set out in the Government’s Decree 187/2013/NĐ-CP particularly as follows:

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

This record is made into two (02) originals. The quality inspection agency and the importer each keeps one (01) original.

APPENDIX II

ADDING APPENDIX VI TO THE CIRCULAR No. 44/2012/TT-BGTVT DATED OCTOBER 23, 2012
(Enclosed with the Circular No. 19/2014/TT-BTGVT dated May 28, 2014)

APPENDIX VI

SPECIMEN RECORD OF MOTORBIKERS VIOLATING PROVISIONS SET OUT IN THE DECREE 187/2013/NĐ-CP
(Enclosed with the Circular No. 44/2012/TT-BGTVT dated October 23, 2012)

WRITTEN RECORD OF MOTORBIKES VIOLATING THE PROVISIONS SET OUT IN THE DECREE No. 187/2013/NĐ-CP

As requested by:…………………………………………………………………

Today, …………..Dated……………………………..

………………………………………………………………………………………………

The Vietnam Register carries out inspection of the following vehicles:

- Brand/Type:…………………………………………………………………………….

- Frame number:……………………………..Engine number:……………………..

- Registration No.:………………………. Declaration No.:…………………………………………..

Based on the results of inspection, relevant papers and applicable provisions, the Vietnam Register finds that the abovementioned vehicle has violated the provisions set out in the Government’s Decree 187/2013/NĐ-CP particularly as follows:

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

This record is made into two (02) originals. The quality inspection agency and the importer each keeps one (01) original.

APPENDIX III

ADDING APPENDIX V TO THE CIRCULAR No. 41/2013/TT-BGTVT DATED NOVEMBER 01, 2013
(Enclosed with the Circular No. 19/2014/TT-BTGVT dated May 28, 2014)

APPENDIX V

SPECIMEN RECORD OF E-BIKES VIOLATING PROVISIONS SET OUT IN THE DECREE 187/2013/NĐ-CP
(Enclosed with the Circular No. 41/2013/TT-BGTVT dated November 05, 2013)

WRITTEN RECORD OF MOTORBIKES VIOLATING THE PROVISIONS SET OUT IN THE DECREE No.187/2013/NĐ-CP

As requested by:…………………………………………………………………

Today, …………..dated……………………………..

………………………………………………………………………………………………

The Vietnam Register carries out the inspection of the following vehicles:

- Brand/Type:…………………………………………………………………………….

- Frame number:……………………………..Engine number:……………………..

- Registration No.:………………………. Declaration No.:…………………………………………..

Based on the results of inspection, relevant papers and applicable provisions, the Vietnam Register finds that the abovementioned vehicle has violated the provisions set out in the Government’s Decree 187/2013/NĐ-CP particularly as follows:

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

This record is made into two (02) originals. The quality inspection agency and the importer each keeps one (01) original.