Will Vehicles Nearing the End of the Inspection Period Be Automatically Extended When the Vehicle Inspection Cycle Is Increased?
As the Vehicle Registration Inspection Period Nears Its End, Can the Inspection Period Be Automatically Extended When the Inspection Cycle is Increased?
On March 21, 2023, the Ministry of Transport issued Circular 2/2023/TT-BGTVT amending Circular 16/2021/TT-BGTVT which stipulates the technical safety inspection and environmental protection of motor vehicles.
One of the highlights of Circular 2/2023/TT-BGTVT is the extended inspection cycle for certain types of motor vehicles. Therefore, for vehicles nearing the end of their registration inspection period, can the inspection period be automatically extended when the inspection cycle is increased?
According to Article 3 of Circular 2/2023/TT-BGTVT as follows:
Effectiveness and Implementation
1. This Circular takes effect from March 22, 2023.
2. Inspection certificates and inspection seals issued before the effective date of this Circular shall continue to be valid until the expiration dates indicated on the certificates and seals.
3. The Chief of the Ministry Office, the Chief Inspector of the Ministry, Directors of Departments, the Director of the Vietnam Register, the Director of the Vietnam Road Administration, Directors of the Department of Transport, Directors of the Department of Transport and Construction of provinces and centrally-run cities, and the heads of relevant organizations and individuals shall be responsible for implementing this Circular./.
Thus, according to the above provisions, inspection certificates and inspection seals issued before March 22, 2023, will remain valid until the expiration dates indicated on the certificates and seals.
Therefore, vehicles nearing the end of their inspection period will not have their inspection period automatically extended, but must complete the vehicle registration inspection procedures once the period expires.
As the Vehicle Registration Inspection Period Nears Its End, Can the Inspection Period Be Automatically Extended When the Inspection Cycle is Increased?
Will a Driver Be Fined for Driving 1 or 2 Days Beyond the Inspection Period?
Based on the provisions of Clause 5, Article 16 of Decree 100/2019/ND-CP, Clause 8, Article 16 of Decree 100/2019/ND-CP which is amended by Clause 9, Article 2 of Decree 123/2021/ND-CP as follows:
Penalties for drivers of cars (including trailers or semi-trailers towed) and similar vehicles violating regulations on vehicle conditions when participating in traffic
...
5. Fines from 3,000,000 VND to 4,000,000 VND for any of the following violations:
a) Driving a vehicle with an inspection certificate or environmental protection seal that has expired for less than 01 month (including trailers and semi-trailers);
b) Driving a vehicle without a braking system or with a non-functional braking system, not compliant with technical safety standards (including trailers and semi-trailers).
...
8. In addition to fines, drivers who commit violations will be subject to additional penalties as follows:
a) Committing violations as specified in points a, b of Clause 3; Clause 4; Clause 5; point c of Clause 6; point a of Clause 7 of this Article will be deprived of the right to use the driver’s license from 01 to 03 months;
...
Thus, according to the above provisions, drivers who delay their vehicle inspection even by 1 or 2 days will be administratively fined.
The determined penalties are as follows:
- A fine ranging from 3 to 4 million VND;
- Deprivation of the right to use the driver’s license from 1 to 3 months.
What is the Current Inspection Cycle for Motor Vehicles?
The current inspection cycle for motor vehicles is applied according to Appendix V issued alongside Circular 02/2023/TT-BGTVT. Specifically, as follows:
| No | Type of Vehicle | First Inspection Cycle (months) | Periodic Inspection Cycle (months) || --- | --- | --- | --- || 1. Passenger cars up to 09 seats not used for transportation business | | | || 1.1 | Production time up to 07 years | 36 | 24 || 1.2 | Production time over 07 years to 20 years | 12 | || 1.3 | Production time over 20 years | 06 | || 2. Passenger cars up to 09 seats used for transportation business | | | || 2.1 | Production time up to 05 years | 24 | 12 || 2.2 | Production time over 05 years | 06 | || 2.3 | Modified | 12 | 06 || 3. Passenger cars over 09 seats | | | || 3.1 | Production time up to 05 years | 24 | 12 || 3.2 | Production time over 05 years | 06 | || 3.3 | Modified | 12 | 06 || 4. Trucks of all types, special-purpose vehicles, tractors, trailers, semi-trailers | | | || 4.1 | Trucks of all types, special-purpose vehicles, tractors with a production time up to 07 years; trailers, semi-trailers with a production time up to 12 years | 24 | 12 || 4.2 | Trucks of all types, special-purpose vehicles, tractors with a production time over 07 years; trailers, semi-trailers with a production time over 12 years | 06 | || 4.3 | Modified | 12 | 06 || 5 | Passenger cars over 09 seats produced from 15 years ago or more (including passenger cars over 09 seats modified to passenger cars up to 09 seats). | 03 | |
Note: The number of seats in passenger cars includes the driver.
LawNet