Procedures for granting certificates of eligibility for motor vehicle inspection activities from June 8, 2023 are mentioned in Decree 30/2023/ND-CP dated June 8, 2023 issued by the Government.
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| Procedures for granting certificates of eligibility to operate motor vehicle inspection from June 8, 2023. (Source: Internet) |
On June 8, 2023, the Government issued Decree 30/2023/ND-CP amending and supplementing a number of articles of Decree 139/2018/ND-CP regulating the business of motor vehicle inspection services.
Procedures for granting certificates of eligibility to operate motor vehicle inspection from June 8, 2023
Specifically, from June 8, 2023, the procedure for granting a certificate of eligibility for motor vehicle inspection activities will be carried out as follows:
(1) After completing the investment and construction in accordance with the provisions of law, the organization establishing the inspection unit shall prepare 01 set of documents requesting the issuance of a certificate of eligibility for motor vehicle inspection activities and send it to the Department of Transport, Department of Transport - Construction (hereinafter referred to as the Department of Transport) including:
- Document requesting inspection and issuance of certificate of eligibility for motor vehicle inspection activities according to the form prescribed in Appendix VII issued with Decree 139/2018/ND-CP;
(Added to follow the previous form)
- List of the unit's human resources with the following documents attached:
+ Decision to appoint the leader of the inspection unit;
+ Appointment decision for the person in charge of the inspection department;
+ Certified copies of labor contracts as prescribed, recruitment or acceptance decisions for inspectors, professional staff and certified diplomas and certificates of each individual;
(Add certified copies of each individual's diplomas and certificates)
- Comparison of regulations on facilities and inspection lines according to national technical regulations;
- Drawings of the overall layout and factory layout with production lines and testing equipment;
- Investment policy approval document of local competent authority (certified copy or original for comparison). (Additional)
In addition to the above provisions, Decree 30/2023/ND-CP no longer requires documents on labor safety, fire prevention and fighting as prescribed by law in the application dossier.
(2) Procedures and methods for granting certificates of eligibility for motor vehicle inspection activities
- Within 03 working days, if the dossier is complete and in accordance with regulations, the Department of Transport shall notify the organization establishing the inspection unit of the time for inspection and actual assessment of the inspection unit.
In case the dossier is incomplete or not in accordance with regulations, the Department of Transport must notify the organization establishing the inspection unit in writing, stating the reasons;
- Within 05 working days from the date of notification of inspection and assessment, the Department of Transport shall conduct an actual inspection and assessment. The assessment results shall be recorded in a Minutes according to the form prescribed in Appendix I issued with Decree 30/2023/ND-CP.
If the requirements are met, a certificate of eligibility for motor vehicle inspection activities shall be issued according to the form specified in Appendix II issued with Decree 30/2023/ND-CP with the inspection unit code specified in Appendix VI issued with Decree 30/2023/ND-CP within 05 working days;
If the inspection and evaluation results do not meet the requirements, the Department of Transport must notify in writing within 05 working days to organize the establishment of an inspection unit to correct the situation and conduct a re-inspection and evaluation.
(3) Receiving documents and returning results are done directly at the Department of Transport or via the postal system or online. Document components for each form of receiving must comply with the provisions in (1).
Amendments to cases of temporary suspension of motor vehicle inspection service business activities
Accordingly, cases of temporary suspension of motor vehicle inspection service business activities are amended and supplemented in Clause 10, Article 1 of Decree 30/2023/ND-CP as follows:
- The inspection unit will be temporarily suspended for 01 month if it violates one of the following cases:
+ Not ensuring one of the conditions, requirements, and regulations in Decree 139/2018/ND-CP and national technical regulations on inspection units;
+ There are 02 inspectors who were punished according to the provisions of Clause 1, Article 38 of Decree 100/2019/ND-CP regulating administrative sanctions for violations in the field of road and railway traffic within 12 consecutive months;
(Detailed regulations are attached compared to the previous general regulations)
+ Assigning inspectors to inspect is not consistent with the content of the inspector's certificate.
- The inspection unit will be temporarily suspended for 03 months if it violates one of the following cases:
+ Conducting inspection and issuing inspection certificates for motor vehicles that do not comply with regulations, standards and technical regulations;
+ There are 03 or more inspectors who are punished according to the provisions of Clause 1, Article 38 of Decree 100/2019/ND-CP or 02 or more inspectors whose inspector certificates are revoked within 12 consecutive months, except for the case of revocation of inspector certificates according to the provisions of Clause 6, Article 18 of Decree 139/2018/ND-CP;
+ Making requests or issuing procedures not included in the regulations issued by the Ministry of Transport on technical safety inspection and environmental protection of motor vehicles, causing difficulties for organizations and individuals; refusing to provide motor vehicle inspection services in violation of the law;
+ Continuing to violate one of the violations in Clause 1, Article 10 of Decree 139/2018/ND-CP for 12 consecutive months.
(Previously, cases where inspection units were temporarily suspended for 3 months were regulated as follows:
- Conduct inspection and issue inspection certificates for motor vehicles that do not meet standards, technical regulations, regulations, and authority;
- 03 or more inspectors are temporarily suspended or 02 or more inspectors have their inspection certificates revoked within 12 consecutive months;
- There are 02 or more production lines temporarily suspended within 12 consecutive months;
- Conduct inspection when the inspection equipment is damaged, does not guarantee accuracy, and has not been inspected or evaluated according to regulations.)
See more at Decree 30/2023/ND-CP effective from June 8, 2023.
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