Cases of suspension of motor vehicle inspection activities in Vietnam

Cases of suspension of motor vehicle inspection activities in Vietnam

Pursuant to the provisions of Article 10 of Decree 139/2018/ND-CP and Points a and b, Clause 10, Article 1 of Decree 30/2023/ND-CP (effective as of June 8, 2023), cases of suspension of motor vehicle inspection activities in Vietnam include:

- Operations of the registration unit shall be suspended for 01 month if the unit commits one of the following violations:

= The registration unit fails to meet one of conditions, requirements prescribed in Decree 139/2018/ND-CP and National Technical Regulation on registration units;

= At least two times inspectors are subject to administrative penalties according to regulations of Clause 1 Article 38 of Decree No. 100/2019/ND-CP within 12 consecutive months;

= The registration unit assigns inspectors in disconformity with the inspector certificate.

- Operations of the registration unit shall be suspended for 03 month if the unit commits one of the following violations:

= The registration unit performs inspection and issues inspection certificates to motor vehicles without compliance with technical regulations and standards;

= At least three times inspectors are subject to administrative penalties according to regulations of Clause 1 Article 38 of GDecree No. 100/2019/ND-CP or at least two inspectors have their inspector certificates revoked within 12 consecutive months, except for case where the inspector certificate is revoked as prescribed in Clause 6, Article 18 of Decree 139/2018/ND-CP (amended by Point d, Clause 16, Article 1 of Decree 30/2023/ND-CP);

= The registration unit sets down requirements or promulgates procedures 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; refuses to provide motor vehicle inspection services in contravention of the law;

= The registration unit continues to commit one of the violations specified in above within 12 consecutive months.

Cases of suspension of motor vehicle inspection activities in Vietnam (Internet image)

Procedures for suspension of motor vehicle inspection activities in Vietnam

Pursuant to Article 12 of Decree 139/2018/ND-CP and Points a and c Clause 11 Article 1 of Decree 30/2023/ND-CP, the procedures for suspension of motor vehicle inspection activities in Vietnam are as follows:

- Within 05 working days from the date of detection of violations or receipt of notification of violations from competent authorities, the Department of Transport shall make a decision on suspension of operation, revocation of certificates of eligibility and give notification to the Vietnam Register and relevant agencies for cooperation in implementation.

- The registration unit shall return the certificate of eligibility to the Department of Transport in case of revocation and at the same time stop activities immediately after the effective date of the decision.

- The registration unit having its certificate of eligibility revoked is only considered being re-issued with another certificate of eligibility after 36 months since the revocation date.

- After the certificate of eligibility is revoked and inspection activities are suspended, the head of the registration unit and inspectors shall continue to be responsible to the law for inspection results issued and still in force.

- After the certificate of eligibility is revoked and inspection activities are suspended, relevant organizations, individuals shall continue to perform other obligations and responsibilities according to laws.

Mai Thanh Loi

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