Procedures for suspension of operation, revocation of certificates of eligibility for motor vehicles inspection in Vietnam

Procedures for suspension of operation, revocation of certificates of eligibility for motor vehicles inspection in Vietnam (Internet image)

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

1. Case of suspension of motor vehicles inspection activities in Vietnam

Case of suspension of inspection activities in Vietnam according to Article 10 of Decree 139/2018/ND-CP include:

* The registration unit shall have an inspection line suspended for 1 to 3 months if it commits one of the following violations:

- Failing 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 suspended from activities within 12 consecutive months;

- Assigning inspectors not in conformity with the inspector certificate.

* The registration unit shall have its entire system of inspection suspended for 1 to 3 months if it commits one of the following violations:

- Perform inspection and issue inspection certificates to motor vehicles without compliance with technical regulations and standards, authority;

- At least three times inspectors are suspended from activities or at least two inspectors who have their inspector certificates revoked within 12 months;

- At least two times inspection lines are suspended within 12 consecutive months;

- Perform inspection with inspection equipment, tools being damaged, failing to ensure accuracy or not undergoing inspection, evaluation and calibration as prescribed.

* As the case may be and depending on the severity of violation, the registration unit may also face penalties for administrative violations as per the law.

2. Procedures for suspension of operation, revocation of certificates of eligibility for motor vehicles inspection in Vietnam

Procedures for suspension of operation, revocation of certificates of eligibility according to Article 12 of Decree 139/2018/ND-CP is as follows:

- The Vietnam Register shall make a decision on suspension of operation, revocation of certificates of eligibility, give notification to relevant agencies for coordination and make public notice on the website.

- The registration unit should return the certificate of eligibility to the Vietnam Register in case of revocation and at the same time stop activities immediately after 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.

3. Procedures for bringing inspection activities to a halt

According to Article 13 of Decree 139/2018/ND-CP, the procedures for bringing inspection activities to a halt are as follows:

- In case of an abrupt halt for at least one day, the registration unit should give notification to the Service of Transport in the locality, the Vietnam Register specifying reasons and remedial plans; post notice at the lounge and maintain personnel for handling matters relating to inspection documents.

- In case the registration unit makes a request for a halt for 12 consecutive months.

+ The registration unit should give a report on reasons for the halt and duration to the Service of Transport, the Vietnam Register 30 days prior to the halt and at the same time post a notice at the lounge and via means of mass media;

+ Maintain personnel for handling matters relating to inspection documents.

- In case the registration unit makes a request for a halt for more than 12 consecutive months.

+ The registration unit should give a report on reasons for the halt and duration to the Service of Transport, the Vietnam Register 30 days prior to the halt and at the same time post a notice at the lounge and via means of mass media;

+ Return the certificate of eligibility;

+ Transfer all the records of motor vehicles to other registration units as instructed by the Vietnam Register.

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