Will draft of application for inspector certificates have a written certification of the warranty and maintenance facility in Vietnam?
Will draft of application for inspector certificates have a written certification of the warranty and maintenance facility in Vietnam?
Will draft of application for inspector certificates have a written certification of the warranty and maintenance facility in Vietnam?
In Clause 14, Article 1 of the Draft Decree amending Decree 139/2018/ND-CP, there is a proposal on the application file for inspector certificates as follows:
14. Point d Clause 1 and Point d Clause 2 Article 15 are amended as follows:
a) To amend and supplement Point d Clause 1 Article 15 as follows:
“d) Written certification of professional practice as a registrar of the registry; written certification of the warranty and maintenance facility as prescribed at Point b, Clause 1, Article 14 of this Decree, if any;”.
b) To amend and supplement Point d Clause 2 Article 15 as follows:
“d) The receipt of dossiers and return of results are done directly at the Vietnam Register, or via the postal system or online. The composition of the application file for each form of receipt must conform to the provisions of Clause 1 of this Article.”.
In Clause 1, Article 15 of Decree 139/2018/ND-CP, procedures of issue of inspector certificates are as follows:
1. Persons who meet requirements as prescribed in Article 11 hereof may make requests to the Vietnam Register for the issue of the inspector certificate. The application for the issue of the inspector certificate includes:
a) Written request;
b) Resume according to the form in Annex III enclosed herewith (in case of applying for the first issuance or re-issuance after revocation);
c) Copies extracted from master register or authenticated copies or copies enclosed with originals of first university degrees, transcripts;
d) Written confirmations of probation period of the inspector issued by the registration unit (for an inspector);
dd) One (01) color 4x6 photo, taken for no more than six months.
Thus, according to the draft Decree, if the qualified person has a written confirmation from the warranty and maintenance facility about the working time, it will be attached to the application file for inspector certificates in Vietnam.
What is change in procedures for revocation of inspector certificates in Vietnam?
In Clause 17, Article 1 of the Draft Decree amending Decree 139/2018/ND-CP, procedures for revocation of inspector certificates are proposed as follows:
17. To amend and supplement Article 19 as follows:
“Article 19. Procedure for revocation of certificate of registrar
1. Within 5 working days from the date of detecting violations or receiving notices of violations from competent authorities, the Vietnam Register shall issue a decision on revocation of the surveyor's certificate and notify the to relevant agencies to coordinate the implementation and publish on the website of the Vietnam Register.
2. The registrar must return the surveyor's certificate to the Vietnam Registry Department, and at the same time stop participating in the inspection of motor vehicles at the registry right after the decision takes effect.
3. A surveyor whose inspector certificates has been revoked may only be assessed for re-issuance of the surveyor certificate after 36 months from the date of revocation. In case it is revoked according to the provisions of Clause 6, Article 18 of this Decree, it shall be re-evaluated for issuance of a surveyor certificate upon request.”.
Article 19 of Decree 139/2018/ND-CP has the following provisions:
1. The Vietnam Register shall make decision on suspension of inspection activities and revocation of inspector certificates from inspectors, give notification to relevant agencies for coordination and make public notice on the website.
2. The inspector should return the inspector certificate to the Vietnam Register (in case of revocation) and at the same time stop performing activities in the registration unit immediately after the decision on revocation takes effect.
3. Inspectors having inspector certificates revoked may apply for re-issuance of inspector certificates only after 36 months since the date of revocation.
Thus, according to the draft, the order of revocation of the inspector certificates is carried out as follows:
- The Vietnam Register shall issue a decision on revocation of the inspector certificates, notify relevant agencies for coordination in implementation and publish it on the website of the Vietnam Register.
- The inspector must return the inspector certificates to the Vietnam Registry Department, and at the same time stop participating in the inspection of motor vehicles at the registration unit immediately after the decision takes effect.
- The registrar whose inspector certificate has been revoked may only be assessed for re-issuance of the certificate of motor vehicle registrar after 36 months from the date of revocation.
In case of being revoked due to failure to directly carry out the inspection or to guide and evaluate the surveyor's professional skills for more than 12 consecutive months, it shall be re-evaluated to issue a inspector certificate upon request.
What is annulment of 01 case where inspector certificate is revoked in Vietnam?
In Clause 17, Article 1 of the Draft Decree amending Decree 139/2018/ND-CP, the following cases are proposed for the inspector certificate to be revoked:
16. To amend and supplement Clause 1, Clause 3, Clause 4, Clause 6 and add Clause 8, Article 18 as follows:
a) To amend and supplement Clause 1, Article 18 as follows:
"1. Falsifying inspection results or failing to strictly comply with regulations, procedures, standards, technical regulations and instructions related to inspection work to the extent of causing serious consequences related to vehicle safety.".
b) To amend and supplement Clause 3, Article 18 as follows:
“3. Has been handled for violations twice within 12 consecutive months for the violations specified in Clause 1, Article 38 of Decree No. 100/2019/ND-CP ”.
c) To amend and supplement Clause 4, Article 18 as follows:
“4. Convicted by a legally effective judgment of the Court for violating regulations related to the field of motor vehicle inspection.”
d) To amend and supplement Clause 6, Article 18 as follows:
“6. Not directly performing the inspection or guiding and evaluating the profession of surveyors for full 12 consecutive months or more.
In Article 18 of Decree 139/2018/ND-CP, there are provisions on revocation of inspector certificates as follows:
The inspector shall have his/her inspector certificate revoked in following cases:
1. Violating one of Clauses Article 17 hereof leading to a serious consequence in respect of vehicle safety.
2. Falsifying applications to enable the inspector certificate to be issued.
3. Being suspended from inspection activities more than two times in 12 consecutive months.
4. Being convicted by the court;
5. Having civil act capacity lost or limited;
6. There is a 12-month period over which the inspector fails to carry out inspection activities or guide or evaluate the inspector practices.
7. Working for two registration units at the same time.
Thus, it is expected to abolish 01 case where a surveyor whose certificate of inspector has been revoked is a violation of one of the clauses in which the registrar is temporarily suspended to the extent that it causes serious consequences related to vehicle safety in Vietnam.
Note: The draft Decree amending Decree 139/2018/ND-CP is in the process of collecting comments.
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