Is it required to carry out inspection in case of non-compliance with decisions on administrative penalties for violations against regulations on road traffic in Vietnam?
What are the rules for motor vehicle inspection services in Vietnam?
Pursuant to the provisions of Article 4 of Decree 139/2018/ND-CP (amended by Clause 3, Article 1 of Decree 30/2023/ND-CP) regulating the rules for motor vehicle inspection services as follows:
- Only holders of certificates of eligibility for motor vehicles inspection (herein referred to as “certificate of eligibility”) are eligible for provision of motor vehicle inspection services.
- The inspection shall be independent, objective, transparent and compliant with regulations of law.
- If registration units fail to meet the demands for inspection of organizations and individuals, registration units and personnel of the People's Police and the People's Army may participate in assistance in inspecting motor vehicles within the scope of this Decree.
- The construction and establishment of a registration unit shall be consistent with provincial planning, specialized planning and relevant planning, especially specific factors of local areas, remote areas, mountainous areas and islands; and the number of and the density of vehicles registered in local areas. The application of modern technology and equipment for inspection is encouraged.
- The location of the registration unit shall comply with regulations on connection of the traffic system; be convenient for entry, exit and inspection of motor vehicles; ensure safety and convenience during operation and not cause obstruction and traffic jams, especially in large urban areas.”
Is it required to carry out inspection in case of non-compliance with decisions on administrative penalties for violations against regulations on road traffic in Vietnam? (Image from the Internet)
Is it required to carry out inspection in case of non-compliance with decisions on administrative penalties for violations against regulations on road traffic in Vietnam?
Pursuant to the provisions of Clause 8, Article 27 of Decree 139/2018/ND-CP (amended by Clause 22, Article 1 of Decree 30/2023/ND-CP), it is stipulated as follows:
Implementation
....
8. Registration units shall
a) Comply with conditions specified in this Decree and relevant laws on conditions for business and inspection of motor vehicles; ensure that measuring instruments normally operate; ensure inspection, verification and calibration of measuring instruments in accordance with the law on measurement;
b) Cooperate with competent state agencies in performing tasks related to the assessment of technical status and environmental protection of motor vehicles;
c) Ensure inspection time (at least 08 hours/day and 05 days/week); publicly announce the inspection time at their headquarters;
d) Hand over archives related to motor vehicles under the guidance of the Department of Transport when they are dissolved or certificates of eligibility are revoked;
dd) Be subject to inspection and examination by competent authorities of conditions for motor vehicle inspection service business;
e) Appoint qualified inspectors to participate in training to improve and increase motor vehicle inspection skills when there are changes in relevant standards, regulations, legal regulations and scientific and technical progress in inspection of motor vehicles;
g) Manage and supervise inspection activities, and take responsibility when violations or negative effects occur;
h) Give notification to the Department of Transport and the Vietnam Register in case there are changes in inspectors affecting their operations,
i) Fail to carry out inspection in case of non-compliance with decisions on administrative penalties for violations against regulations on road traffic; in case vehicle owners or violators do not come to headquarters of persons having authority to impose administrative penalties to settle or handle violations by the deadline recorded in administrative violation records or written notices of persons having authority to impose administrative penalties; in case of warning on the Inspection Management Program. After vehicle owners and violators fulfil these obligations, the inspection shall be conducted according to regulations
According to the above regulations, the registration unit is not required to carry out inspection in case of non-compliance with decisions on administrative penalties for violations against regulations on road traffic.
What are the responsibilities of vehicle users when inspecting a motor vehicle in Vietnam?
Pursuant to the provisions of Article 13 of Circular 16/2021/TT-BGTVT (supplemented by Clause 5, Article 1 of Circular 2/2023/TT-BGTVT, amended by Clause 5, Article 1 of Circular 08/2023/ TT-BGTVT) stipulates the responsibilities of vehicle owners when inspecting motor vehicles as follows:
Responsibilities of vehicle users
In addition to works mentioned in this Circular, vehicle users are responsible for:
1. During the interval between inspection periods, vehicle owners are responsible for maintaining, and repairing the vehicles in order to maintain technical conditions of their vehicles and assume legal liability for operating vehicles that do not meet technical safety and environmental protection standards on roads.
2. Refraining from renting or borrowing parts and/or components of motor vehicles to satisfy inspection purposes; refraining from falsifying, removing, or fabricating Certificate of inspection, seals of inspection.
3. Providing and declaring accurate information relating to inspection affairs, administration information, and technical specifications of motor vehicles, and providing relevant documents to register authority.
4. Preserving Certificate of inspection and seals of inspection.
5. Returning Certificate of inspection and seals of inspection when register authority issues notice on revocation.
6. For motor vehicles eligible for exemption from first-time inspection, vehicle users shall affix inspection seals to their vehicles before participating in traffic according to Clause 4 Article 9 of this Circular.
Accordingly, vehicle owners are responsible according to the above regulations when inspecting motor vehicles.
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