Cases of revocation of certificate of eligibility for motor vehicles inspection in Vietnam

Cases of revocation of certificate of eligibility for motor vehicles inspection in Vietnam (Internet image)

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

1. Cases of revocation of certificate of eligibility for motor vehicles inspection (certificate of eligibility) in Vietnam

The registration unit shall have its certificate of eligibility revoked in one of following cases:

- Falsify applications, documents to be eligible for issue of certificates of eligibility.

- Intentionally erase and falsify contents of the issued certificate of eligibility;

- Stop performing inspection for more than 12 consecutive months.

- Be suspended from inspection activities more than two times in 12 consecutive months.

- The registration unit is dissolved.

(Article 11 of Decree 139/2018/ND-CP amended in Decree 30/2023/ND-CP)

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

Specifically, Article 12 of Decree 139/2018/ND-CP (amended in Decree 30/2023/ND-CP) stipulates the procedures for suspension of operation, revocation of certificates of eligibility 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.

-  The registration unit shall remedy violations mentioned in the decision on suspension and may resume operation when the remedy for violations has been completed, and at the same time notify the unit's operation to the Department of Transport and Vietnam Register

3. Procedures for bringing inspection activities to a halt in Vietnam

Pursuant to Article 13 of Decree 139/2018/ND-CP (amended in Decree 30/2023/ND-CP) stipulates procedures for stopping motor vehicle inspection activities 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 Department of Transport.

Ho Quoc Tuan

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