Vietnam: What are the cases of revocation of the motor vehicle inspector certificates? What are the procedures for revocation of the motor vehicle inspector certificates?
What are the cases of revocation of the motor vehicle inspector certificates in Vietnam?
Pursuant to the provisions of Article 18 of Decree 139/2018/ND-CP (this phrase is replaced by Clause 2 Article 2 of Decree 30/2023/ND-CP, amended and supplemented by Points a, b, c, d, Clause 16, Article 1 of Decree 30/2023/ND-CP), the cases of revocation of the motor vehicle inspector certificates in Vietnam include:
- Falsifying inspection results or failing to comply with regulations, procedures, standards, technical regulations, and instructions related to inspection, thereby causing serious consequences related to vehicle safety.
- Falsifying applications to enable the inspector certificate to be issued
- Incurring administrative penalties twice within 12 consecutive months for
+ Falsifying inspection results;
+ Failing to follow relevant procedures and regulations during the inspection.
+ Failing to properly perform assigned tasks
- Being convicted by the court due to commission of violations against regulations on vehicle inspection
- Having civil act capacity lost or limited.
- Failing to carry out inspection activities or guide or evaluate the inspector practices for at least 12 consecutive months
- Working for two registration units at the same time.
- Setting down requirements that are not included in regulations issued by the Ministry of Transport on technical safety inspection and environmental protection of motor vehicles, thereby causing difficulties for organizations and individuals.
What are the procedures for revocation of the motor vehicle inspector certificates in Vietnam?
Pursuant to the provisions of Article 19 of Decree 139/2018/ND-CP (amended by Clause 17 Article 1 of Decree 30/2023/ND-CP), the procedures for revocation of the motor vehicle inspector certificates in Vietnam are specified as follows:
Step 1: Within 05 working days from the date of detection of violations or receipt of notification of violations from competent authorities, the Vietnam Register shall make a decision on revocation of inspector certificates and give notification to relevant agencies for cooperation and make public notice on the website of the Vietnam Register.
Step 2: An inspector shall return his/her inspector certificate to the Vietnam Register and at the same time stop participating in the inspection of motor vehicles in the registration unit after the effective date of the decision.
- The inspector who has his/her inspector certificate revoked is only considered being re-issued with another inspector certificate after 36 months from the date of revocation.
If the inspector has his/her inspector certificate revoked according to regulations in Clause 6 Article 18 of this Decree, he/she will be considered being re-issued with another inspector certificate upon request.
What are the latest conditions for issuing a motor vehicle inspector certificate in Vietnam?
Pursuant to the provisions of Article 14 of Decree 139/2018/ND-CP (amended by Points a and b, Clause 13, Article 1 of Decree 30/2023/ND-CP, whose phrase is replaced by Clause 2 Article 2 of Decree 30/2023/ND-CP), the latest conditions for issuing a motor vehicle inspector certificate in Vietnam are as follows:
For inspector certificates
- Qualifications: Obtaining a bachelor’s degree in mechanical engineering, the training program shall cover the following subjects: automotive theory, automotive structures, structure calculation, technical maintenance, internal combustion engine, automotive electricity or equivalent subjects.
If there are some subjects which are not covered by the above program, they may be trained at higher education institutions;
- Having experience at least 12 months of probation as an inspector in the registration unit after completing training according to contents specified in the Ministry of Transport.
If the student has direct experience in automobile maintenance and repair at a motor vehicle warranty and maintenance center for manufacturers/assemblers/importers according to regulations of Decree No. 116/2017/ND-CP dated October 17, 2017 of the Government on requirements for manufacturing, assembly and import of motor vehicles and trade in motor vehicle warranty and maintenance services with total working time (cumulative) that is from 12 months to 24 months, the probation period is 06 months, with total working time (cumulative) that is over 24 months, the probation period is 03 months. The motor vehicle warranty and maintenance center, according to working contract with the student and social insurance records shall confirm and take responsibility for the student's working time at the center.
- Having passed the inspector test as prescribed by the Ministry of Transport. The inspection test result shall be recorded using Form in Appendix IV issued herewith;
- Having a driving license that remains effective.
For high-level inspector certificates
- Qualifications: Obtaining a bachelor’s degree in mechanical engineering, the training program should cover the following subjects: Automotive theory, automotive structures, structure calculation, technical maintenance, internal combustion engine, automotive electricity or equivalent subjects.
- Have experience of at least 36 months as an inspector;
- Having passed the high-level inspector test as prescribed by the Ministry of Transport.
LawNet