What are the cases of exemption from establishment of design documents for modified motor vehicles in Vietnam as of February 15, 2024?

What are the cases of exemption from establishment of design documents for modified motor vehicles in Vietnam as of February 15, 2024? (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On December 29, 2023, the Minister of Transport issued Circular 43/2023/TT-BGTVT amending Circular 85/2014/TT-BGTVT regarding modified road motor vehicles, Circular 42/2018/TT-BGTVT, and Circular 16/2022/TT-BGTVT amending regulations in the field of vehicle registration.

1. What are the cases of exemption from establishment of design documents for modified motor vehicles in Vietnam as of February 15, 2024?

Specifically, the cases exempted from the establishment of design documents for modified motor vehicles as of February 15, 2024 include:

(1) Driving training vehicles that install or remove auxiliary brake pedals by connecting them to the main brake pedal through an air-driven linkage.

(2) Adding or removing dust covers for cargo compartments of self-dumping trucks without changing the size of the cargo compartments.

(3) Installing, replacing, or removing cargo compartment covers or luggage covers of PICKUP trucks, which change the size of the cargo compartments but not the overall size of the vehicles.

(4) Dump trucks and imported tanker trucks, domestically produced or assembled, modified before November 1, 2014, that voluntarily need to reduce the volume of cargo compartments or tanker trucks to comply with the regulations in Circular 42/2018/TT-BGTVT.

(5) Removing fuel supply systems using liquefied petroleum gas (LPG) or compressed natural gas (CNG) for engines of modified vehicles that have additional fuel supply systems (LPG, CNG) and returning to using the original fuel supply system of the vehicles before modification.

(6) Modifying the position of axles, axle groups, and couplings until December 31, 2015, for semi-trailers (except self-dumping semi-trailers) and semi-trailers transporting containers with a total permissible weight lower than the design weight.

(7) Modification according to sample designs published by the Vietnam Register.

(8) Installing, replacing, or removing roof racks of passenger cars in compliance with the manufacturer's instructions without changing the overall width of the vehicles.

(9) Installing, replacing, or removing wind deflectors on the roof of truck cabins.

(10) Installing, replacing, or removing pumps, oil tanks, and hydraulic pipe systems of tractor units to drive the lifting system of self-dumping semi-trailers.

(11) Changing the layout of passenger seats or cargo loading/unloading doors of cargo compartments or lining materials of cargo compartments.

(12) Adding or replacing cargo lifting equipment to the cargo compartments of trucks that already have safety certificates from the competent authority or removing this equipment.

(Article 6 of Circular 85/2014/TT-BGTVT, amended in Circular 43/2023/TT-BGTVT)

Procedures for design appraisal for modified motor vehicles in Vietnam (LATEST)

The procedures for design appraisal for modified motor vehicles, according to Article 7 Clause 5 of Circular 85/2014/TT-BGTVT (amended by Circular 43/2023/TT-BGTVT), are as follows:

- The design basis submits a set of design appraisal request documents to the design appraisal agency.

- The design appraisal agency receives and checks the components of the documents. If the documents are incomplete according to regulations, the organization or individual will be guided to supplement and complete them on the same working day (for cases of direct submission or online public service system) or provided with instructions to complete the documents within 2 working days (for cases of submission via postal system). In the case of complete documents, the design appraisal agency issues a Receipt of Document Acceptance (original for direct submission or postal system, or electronic copy for the online public service system) according to the prescribed form in Appendix XVI issued together with Circular 43/2023/TT-BGTVT.

- The design appraisal agency proceeds with the design appraisal according to regulations. If the design meets the requirements, the design appraisal agency will issue a Certificate of Design Appraisal within 5 working days from the date of receiving the complete design appraisal documents. In cases where the certificate is not issued, the design appraisal agency will notify the design basis in writing and state the reasons within 2 working days from the date of the appraisal result.

- In cases where the design appraisal documents are complete but require modifications or supplements, the design appraisal agency will notify the design basis according to the prescribed form in Appendix XII issued together with Circular 43/2023/TT-BGTVT in order to supplement and modify the design appraisal documents. The design basis is responsible for completing and resubmitting the design appraisal documents within 30 days from the date of notification.

Within 5 working days from the date of receiving the modified or supplemented documents, if the design appraisal documents meet the requirements, the design appraisal agency will issue a Design Certificate. If the documents do not meet the requirements, the design appraisal agency will notify the applicants that the motor vehicle design documents do not meet the prescribed form in Appendix XIII issued together with Circular 43/2023/TT-BGTVT.

If the design basis fails to carry out the modifications or supplements within the 30-day period from the date of notification, the design appraisal agency will issue a Notification of Motor Vehicle Design Documents not meeting the prescribed form in Appendix XIII issued together with Circular 43/2023/TT-BGTVT.

- The design appraisal agency must record the entire design appraisal process in the Control Form according to the regulations in this clause, using the prescribed form in Appendix XVIII issued together with Circular 43/2023/TT-BGTVT.

- The design basis can submit documents and receive results directly at the design appraisal agency's headquarters, through the postal system, or through the online public service system.

More details can be found in Circular 43/2023/TT-BGTVT, which will come into effect on February 15, 2024.

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