Which agency will be allowed to conduct surprise inspections of the inspection center?

Strengthening decentralization associated with inspection and control of testing activities

According to the draft Circular regulating the procedures for granting new, re-granting, temporarily suspending operations, and revoking certificates of eligibility for motor vehicle inspection activities of motor vehicle inspection establishments, the Ministry of Transport has promoted decentralization and delegation of authority in management.

Instead of the Vietnam Register, the Department of Transport is responsible for inspecting, evaluating, and re-issuing certificates of eligibility for motor vehicle inspection activities of vehicle inspection facilities (illustrative photo).

Instead of the Vietnam Register, the Department of Transport will be the agency responsible for inspecting, evaluating, granting and re-granting certificates of eligibility for motor vehicle inspection activities of registration facilities.

According to the Vietnam Register, the above proposal is consistent with the policy of decentralization and delegation of power in state management of the registration field.

A transport expert said that the decentralization according to the draft Circular is also consistent with the current Decree on motor vehicle inspection services. On the other hand, strong decentralization helps to enhance the management role of the Departments of Transport.

"As the agency managing transportation activities in the area, the Department of Transportation clearly understands the scale of vehicles and the ability to increase each period. When a business wants to open an inspection facility, the local Department of Transportation will be responsible for reviewing and considering whether it is necessary to open more in that area or not, and whether the location of the inspection facility is suitable, to ensure that the facilities operate, compete fairly, and develop together," said this expert.

Along with decentralization, the draft Circular also regulates inspection and examination of motor vehicle inspection activities.

Accordingly, the Ministry of Transport proposed that the Vietnam Register and the Department of Transport will be the two units based on their functions and tasks responsible for conducting surprise inspections of registration facilities.

At the same time, the draft Circular clearly stipulates 3 cases in which inspection facilities will be subject to surprise inspections, including: When there are well-founded complaints or complaints about violations in inspection activities; when there are written requests from competent authorities or when there are signs of abnormalities in inspection activities (through the monitoring system and analysis of inspection databases).

To check and re-evaluate the inspection results, the draft regulation stipulates that in case the vehicle is currently at the inspection facility, randomly select from among the vehicles that have been inspected by the inspection facility to conduct the re-inspection and re-evaluation, then compare with the previous inspection results of the inspection facility.

In case the vehicle is not at the inspection facility, if it is suspected that the vehicle at the time of inspection has signs of discrepancy with the inspection records but is still issued a certificate and inspection stamp, coordinate with the competent authority to find the vehicle to inspect, re-evaluate and compare with the previous inspection results of the inspection facility.

The inspection and re-evaluation are carried out at the place where the vehicle is parked, at another inspection facility or by bringing the vehicle back to the inspection facility for re-inspection and re-evaluation.

In case the inspection facility violates regulations on motor vehicle inspection activities, the inspection agency (Department of Inspection, Department of Transport) shall handle or recommend the competent authority to handle according to the provisions of law.

According to traffic experts, in Decree 03/2024/ND-CP effective from March 1, 2024, the Government has stipulated that the Department of Vehicle Registration is one of the Departments and General Departments under the Ministry assigned to perform specialized inspection functions.

Therefore, in addition to the Department of Transport, it is appropriate to assign the Department of Registration to be responsible for inspecting and examining motor vehicle inspection activities, thereby strengthening management and strictly controlling registration activities.

The Ministry of Transport proposed that if the inspection facility has its operating certificate revoked, its leaders and inspectors will continue to be legally responsible for the inspection results (illustrative photo).

Tighten responsibility for violating inspection facilities

In the draft Circular, the Ministry of Transport also strictly prohibits organizations that establish inspection facilities from interfering with the motor vehicle inspection work of affiliated inspection facilities to violate the provisions of the law.

A vehicle inspection facility whose certificate of eligibility for motor vehicle inspection is revoked shall only be considered for reissuance of a certificate of eligibility for motor vehicle inspection after 24 months from the date of revocation, except in cases where the vehicle inspection facility requests to cease operations for more than 12 consecutive months.

Notably, the Ministry of Transport proposed that when the operation is temporarily suspended or the certificate of eligibility for motor vehicle inspection is revoked, the head of the inspection facility and the inspector directly performing the inspection will continue to be responsible before the law for the inspection results issued by their facility that are still valid.

At the same time, relevant organizations and individuals must continue to perform other obligations and responsibilities as prescribed by law.

The inspection facility must correct the violations stated in the temporary suspension decision and may only resume operations after completing the correction of the violations.

Vehicles that have not paid fines are denied registration

In the regulations on the responsibility of inspection facilities, the draft Circular clearly states that inspection facilities have not yet conducted inspections in the following cases: Failure to comply with decisions on administrative sanctions for violations in the field of road traffic; Cases where the deadline for settlement of the violation recorded in the administrative violation record or notice of the competent authority for sanctioning has passed but the vehicle owner or violator has not come to the headquarters of the competent authority to settle and handle the case; Cases that have been warned in the Inspection Management Program.

After the vehicle owner or violator fulfills the above obligations, they will be inspected according to regulations.

Source: https://www.baogiaothong.vn/co-quan-nao-se-duoc-kiem-tra-dot-xuat-trung-tam-dang-kiem-192240915142145882.htm