Promulgation of the Circular guiding the business of vehicle inspection services in Vietnam

Promulgation of the Circular guiding the business of vehicle inspection services in Vietnam

On December 29, 2023, the Minister of Transport issued Circular 44/2023/TT-BGTVT (effective from February 15, 2024) guiding the implementation of Decree 139/2018/ND-CP and Decree 30/2023/ND-CP on the regulation of the business of vehicle inspection services.

The subjects to which Circular 44/2023/TT-BGTVT applies are organizations and individuals involved in the management and operation of the business of vehicle inspection services.

Note: It does not apply to organizations and individuals that only carry out vehicle inspections for defense and security purposes.

Promulgation of the Circular guiding the business of vehicle inspection services in Vietnam - Image from Internet

When is an inspection of vehicle inspection activities on ad hoc basis in Vietnam required?

Article 6 of Circular 44/2023/TT-BGTVT (effective from February 15, 2024) stipulates the following for surprise inspections of vehicle inspection activities:

Inspection of vehicle inspection activities on ad hoc basis

1. The Vietnam Register of Vehicles and Departments of Transport (hereinafter referred to as the Inspection Agency) shall carry out inspections on ad hoc basis of inspection units in the following cases based on their functions and tasks:

a) When there are reasonable complaints or objections about violations in the inspection activities;

b) When there is a written request from the competent authorities;

c) When there are signs of abnormalities in the inspection activities (through the monitoring system, analyzing the inspection database).

2. The Inspection Agency shall decide on the contents to be inspected and shall prepare a inspection report in accordance with the corresponding regulations and summarize it in Appendix X attached to this Circular. In case the inspection unit violates the regulations on vehicle inspection activities, the Inspection Agency shall handle or recommend the competent authority to handle in accordance with the law.

Therefore, inspections of vehicle inspection activities on ad hoc basis are carried out when:

- There are reasonable complaints or objections about violations in the inspection activities;

- There is a written request from the competent authorities;

- When there are signs of abnormalities in the inspection activities (through the monitoring system, analyzing the inspection database).

What are the contents of the inspection and evaluation for the issuance of a Certificate of Qualification for Vehicle Inspection Activities?

Article 5 of Circular 44/2023/TT-BGTVT (effective from February 15, 2024) stipulates the following contents of the inspection and evaluation for the issuance of a Certificate of Qualification for Vehicle Inspection Activities:

- Inspection and evaluation of the physical and technical infrastructure of the inspection unit: Ensure that it is in accordance with the National Technical Regulation on Vehicle Inspection Units and recorded in a report in the prescribed form;

- Inspection and evaluation of inspection equipment and tools: The operating status of inspection equipment and tools; the implementation of inspection and calibration of equipment in accordance with Articles 18 and 19 of the 2011 Measurement Law and recorded in a report in the prescribed form;

- Inspection and evaluation of organizational structure and human resources: Documents showing the organizational structure of the inspection unit, including: organizational chart, decisions to establish departments issued by the Head of the inspection unit or the Head of the organization that established the inspection unit or by the competent authority of the inspection unit.

Compare the information of the Head of the unit, the head of the inspection department, the inspector, and the professional staff in the unit's personnel list with the files kept at the unit. The results of the inspection and evaluation are recorded in section 1 of the inspection and evaluation report in the prescribed form;

- Inspection of the establishment and issuance of internal procedures of the inspection unit in accordance with the provisions of Clause 4, Article 17 of Circular 44/2023/TT-BGTVT.

The results of the inspection and evaluation are recorded in section 2 of the inspection and evaluation report in the prescribed form;

- Inspection and evaluation of the operation of the inspection line:

+ Use appropriate means for each type of line to carry out the inspection and evaluation of the operation of the inspection line;

+ The use of software to support vehicle inspection activities;

+ The connection of data between the inspection management software and the device control software;

+ The operation of the inspection process monitoring system. The results of the inspection and evaluation are recorded in section 2 of the inspection and evaluation report in the prescribed form;

- Inspection of the opening of the registers and management records in accordance with the regulations on technical safety and environmental protection inspection of road motor vehicles; tracking and managing the types of stamps issued by the Vietnam Register of Vehicles to inspection units. The results of the inspection and evaluation are recorded in section 1 of the inspection and evaluation report in the prescribed form.

Best regards!