Additional cases of revocation of certificates of eligibility for motor vehicles inspection in Vietnam

Additional cases of revocation of certificates of eligibility for motor vehicles inspection in Vietnam
Quoc Tuan

On October 3, 2024, the Government of Vietnam promulgated Decree 121/2024/ND-CP amending Decree 139/2018/ND-CP on requirements for motor vehicle inspection service business, as amended by Decree 30/2023/ND-CP.

Additional cases of revocation of certificates of eligibility for motor vehicles inspection in Vietnam

The inspection unit may have their certificates of eligibility for motor vehicles inspection revoked in one of the following cases in Vietnam:

- The certificates of eligibility for motor vehicles inspection are issued due to fraud, forgery of documents, papers, or materials.

- The certificates of eligibility for motor vehicles inspection have been deliberately erased or altered, distorting the contents.

- Ceasing motor vehicle inspection operations for more than 12 consecutive months.

- Being suspended from all motor vehicle inspection operations more than twice within a continuous 12-month period.

- The inspection unit is dissolved.

- Using tools or software to alter vehicle data, inspection data to legitimize vehicle information, inspection results (new addition).

- Failure to maintain a department to handle tasks related to inspection documentation during the suspension of motor vehicle inspection operations, except in cases of force majeure, objective hindrances as prescribed by law (new addition).

Procedure for revoking the certificates of eligibility for motor vehicles inspection in Vietnam

- Within 05 working days from the date of violation discovery or receiving a violation notice from authorized agencies, the Department of Transport issues a decision to temporarily suspend the inspection unit's operations, revoke the certificates of eligibility for motor vehicles inspection, and notify the Vietnam Register and relevant agencies to coordinate implementation.

- The inspection unit must return the certificates of eligibility for motor vehicles inspection to the Department of Transport in case of revocation and must cease all motor vehicle inspection activities immediately upon the decision's effectiveness.

- The inspection unit whose certificates of eligibility for motor vehicles inspection has been revoked will only be considered for reissuance of the certificate after 12 months from the revocation date, except for cases stipulated in Clause 3, Article 11 of Decree 139/2018/ND-CP.

- When suspended from operations, and the certificates of eligibility for motor vehicles inspection revoked, the leadership of the inspection unit and the inspection personnel must still take legal responsibility for the validity of the inspection results issued by their unit.

- When suspended from operations, and the certificates of eligibility for motor vehicles inspection revoked, the related organizations and individuals must continue to fulfill other obligations and responsibilities as prescribed by law.

- The inspection unit must rectify the violations stated in the temporary suspension decision and can only resume operations upon completing the rectification, while notifying the Department of Transport and the Vietnam Register of the unit's status.

More details can be found in Decree 121/2024/ND-CP which comes into force in Vietnam from October 5, 2024.

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