Thông tư 16/2022/TT-BGTVT của Bộ Giao thông Vận tải về việc sửa đổi, bổ sung một số điều của các Thông tư trong lĩnh vực đăng kiểm

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULARS ON INSPECTION AND REGISTRATION

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Law on inland waterway transport dated June 15, 2004;

Pursuant to the Law on amendments to some articles of Law on inland waterway transport dated June 17, 2014;

Pursuant to the Law on Product and Goods Quality dated November 21, 2007;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 on functions, tasks, powers and organizational structure of the Ministry of Transport;

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The Minister of Transport promulgates a Circular on amendments to some articles of Circulars on inspection and registration

Article 1. Amendments to some articles of Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on the environment protection and technical safety quality inspection in motor vehicle production and assembly (hereinafter referred to as “Circular No. 30/2011/TT-BGTVT”) and Circular No. 54/2014/TT-BGTVT dated October 20, 2014 of the Minister of Transport on amendments to some articles of the Circular No. 30/2011/TT-BGTVT dated April 15, 2011 by the Minister of Transport stipulating the inspection of technical safety, quality and environmental protection in manufacturing and assembling motor vehicles (hereinafter referred to as “Circular No. 54/2014/TT-BGTVT”)

1. Clause 1 Article 4 shall be amended as follows:

 “a) An explanation of motor vehicle technical design (original copy if submitted in person, by post or electronic file if submitted via online public service system) as prescribed in section A of Annex II promulgated together with this Circular;

b) A technical drawing (original copy if submitted in person, by post or electronic file if submitted via online public service system) as prescribed in section B of Annex II promulgated together with this Circular;

c) A sheet of specification and technical features of the parts, import system relating to the design and calculation contents (copy verified by the designing facility if submitted in person, by post or electronic copy if submitted via online public service system).

2. Clause 4 Article 5 shall be amended as follows:

 “4. Designing facilities that receive the results of design appraisal

a) Receipt at the headquarter of the Quality Control Agency in person or by post: 01 certificate of design appraisal; explanation of technical design and technical drawing (01 copy – a designing facility that is a producing facility or 02 copies - a designing facility that is not a producing facility) of the design dossier.

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3. The first bullet point at point a, clause 6 of Article 5 shall be amended as follows:

Designing facilities, producing facilities (qualified for designing the products themselves - hereinafter referred to as “designing facilities”) shall make 01 dossier on requesting design appraisal as prescribed and send to the Vietnam Register in person, by post or online public service system.

4. Points b, c and d Clause 6 Article 5 shall be amended as follows:

a) Point b Clause 6 Article 5 shall be amended as follows:

 “b) Method of implementation: The designing facilities shall submit the application dossiers on design appraisal and receive the results at the Vietnam Register in person, by post or online public service system.

b) Point c Clause 6 Article 5 shall be amended as follows: “Application dossier on design appraisal:”

- 01 written request for design appraisal (original copy or electronic form);

- Submission via online public service system: 01 design dossier as prescribed in clause 1 Article 4 of this Circular. Submission in person, by post: 01 design dossier according to regulations of Clause 1 Article 4 of this Circular and 01 set of documents according to regulations of Points a and b, Clause 1 Article 4 of this Circular (or 02 sets of documents in case of the designing facility that is not the producing facility)."

c) Point d Clause 6 Article 5 shall be amended as follows:

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5. Article 7 of Circular No. 30/2011/TT-BGTVT (amended in Clause 4, Article 1 of Circular No. 54/2014/TT-BGTVT) shall be amended as follows:

 “Article 7. Dossier on product inspection

1. A dossier of component inspection (belonging to the objects required to be tested prescribed in Annex IV promulgated together with this Circular) includes:

a) A report on the component inspection results (copy verified by the designing facility if submitted in person, by post or electronic copy if submitted via online public service system).

b) A technical drawing attached with the product specification (copy if submitted in person, by post or electronic file if submitted via online public service system); a registration of technical specifications according to respective national standards, technical regulations (copy if submitted in person, by post or electronic form if submitted via online public service system);

c) A product photograph verified by the designing facility (if submitted in person or by post) or electronic photograph of product (if submitted via online public service system); an explanation sheet of symbols and numbers written on the product (if any) (original copy if submitted in person, by post or electronic file if submitted via online public service system);

Materials defined in Points a, b, d are exempt from submission in respect of the imported components that are accompanied by Type-Approval Certificate issued by a foreign competent agency, and a test report showing conformance of imported component type to equivalent or higher version of UNECE (United Nations Economic Commission for Europe) regulations, compared to national technical regulations, and the capability of an manufacturer to meet applicable Conformity of Production (COP) requirements according to the regulations of ECE, EC, which is conducted by a foreign competent agency or any independent appraising organization certified by a foreign competent agency.

2. The dossier on motor vehicle inspection includes:

a) A report on the test result of technical safety quality and environment protection under the technical regulations and standards, current provisions of the Ministry of Transport on motor vehicles (copy verified by the designing facility if submitted in person, by post or electronic copy if submitted via online public service system).

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c) A design photograph verified by the designing facility (submitted in person, by post) or electronic photograph of design (submitted via online public service system); a registration sheet of technical specification under the form prescribed in Annex V promulgated together with this Circular (original copy if submitted in person, by post) or the registration sheet of technical specification (electronic form- submitted via online public service system);

d) A statistics sheet of parts, domestic and imported production systems used for producing and assembling under the form prescribed in Annex VI promulgated together with this Circular; (original copy if submitted in person, by post) or a statistics sheet of parts, domestic and imported production systems used for producing and assembling (electronic form if submitted via online public service system)

dd) An explanation sheet of the methods and positions where the engine and chassis ID numbers are carved in case of a vehicle produced and assembled from parts, systems and separate components (original copy if submitted in person, by post or electronic file if submitted via online public service system);

3. The dossier on product inspection must be archived at quality control agencies and producing facilities in at least 02 years from the time on which the producing facility notifies the quality control agencies of discontinuation of the production, assembly of the type of products that has been issued with the certificate.

6. The first bullet point at point a, clause 2 of Article 9 shall be amended as follows:

 “- The producing facilities shall make product inspection dossiers as prescribed in Clause 1 or Clause 2 Article 7 of this Circular and submit to the quality control agencies in person, by post, online public service system or other manners.

7. Point b Clause 2 Article 9 shall be amended as follows:

 “b) Method of implementation: the producing facilities shall submit the inspection dossiers and receive the results at the Vietnam Register in person, by post, online public service system or other manners;

8. Point d Clause 2 Article 9 shall be amended as follows:

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Article 2. Amendments to some articles of Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on the inspection of quality on technical safety and environmental protection for imported motor vehicles (hereinafter referred to as “Circular No. 31/2011/TT-BGTVT”); Circular No. 55/2014/TT-BGTVT dated October 20, 2014 of the Minister of Transport on amendments to some articles of the Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on the inspection of quality on technical safety and environmental protection for imported motor vehicles (hereinafter referred to as “Circular No. 55/2014/TT-BGTVT”) and Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of the Minister of Transport on amendments to some articles of Circulars on registration (hereinafter referred to as “Circular No. 42/2018/TT-BGTVT”)

1. Clause 8 shall be added to Article 6 of Circular No. 31/2011/TT-BGTVT (amended in Clause 2, Article 1 of Circular No. 55/2014/TT-BGTVT) as follows:

 “8. The components of documents specified in Clauses 1, 2 and 3 of this Article shall be used in form of electronic documents instead of the paper documents when the procedure is carried out on the online public service system.

2. Points a, b Clause 1 Article 10 of Circular No. 31/2011/TT-BGTVT (amended in Clause 2 Article 4 of Circular No. 42/2018/TT-BGTVT) shall be amended as follows:

a) Point a Clause 1 Article 10 shall be amended as follows:

 “a) The importer shall make 01 set of registration dossier for inspection in accordance with provisions of Article 6 of this Circular and submit to the inspection agency in person, by post or online public service system.

b) Point b Clause 1 Article 10 shall be amended as follows:

 “b) The inspection agency shall receive, inspect contents of registration dossier for inspection and notify the importers of the results within 01 working day. If the dossier of registration for inspection has completed in accordance with provisions, the inspection agency will certify in the written registration for inspection. If the dossier of registration for inspection has not completed in accordance with provisions, the inspection agency shall return and guide the importers to supplement, complete it;

The inspection agency shall agree with the importers for the time and place of the inspection. The inspection time must not exceed 03 working days compared with the date of request for inspection of the importers.”

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 “4. The importers shall receive the results at the headquarter of inspection agency in person, by post or online public service system.

Article 3. Amendments to some articles of Circular No. 33/2011/TT-BGTVT dated April 19, 2011 of the Minister of Transport on procedures of granting certificates of technical safety, quality and environmental protection for means, survey equipment, operation and transportation of gas and oil on sea (hereinafter referred to as Circular No. 33/2011/TT-BGTVT)

1. Clause 2 Article 5 shall be amended as follows:

 “2. Method of implementation:

a) The design establishments shall apply dossier at the Register Agency in person, by post, online public service system or other manners.

b) The design establishments shall receive the results at the design appraisal Register Agency in person, by post, online public service system or other manners.

2. Clause 3 Article 5 shall be amended as follows:

 “3. Regulations on design dossier. A dossier includes:

a) Submission in person, by post or other manners: 01 copy of written request for design appraisal according to form in Annex III attached herewith; 03 copies of design documents of offshore units;

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c) Volume, design document content of offshore units specified in detail in the regulations, standards, technical regulations and the relevant international conventions applicable to each type of offshore unit are set forth in Annex I attached herewith and must be presented in accordance with the current regulations.

Article 4. Amendments to some articles of Circular No. 45/2012/TT-BGTVT dated October 25, 2012 of the Minister of Transport on the inspection of the technical quality, safety, and environment protection in the p and assembly of motorbikes (hereinafter referred to as Circular No. 45/2012/TT-BGTVT)

1. Article 5 shall be amended as follows:

 “Article 5. The dossier of application for the type approval

A dossier of application for the type approval (hereinafter referred to as the dossier of application for approval) includes:

1. An application for approval of the components (except for imported CBU engines), comprising:

a) A registration sheet of specifications, enclosed with the technical drawing, demonstrating the sizes, materials, and pictures of the products (original copy if submitted in person, by post or electronic form if submitted via online public service system); an explanation for the symbols and numbers affixed to the products (if any); (original copy if submitted in person, by post or electronic file if submitted via online public service system);

b) A test result report of the testing agency (copy verified by the facility if submitted in person, by post or electronic copy if submitted via online public service system).

c) A list of primary components used for assembling engines (if the products are engines) using the form in Annex II enclosed with this Circular (original copy if submitted in person or by post); the list of primary components used for assembling engines (electronic form if submitted via online public service system);

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2. The dossier of application for approval of motorbikes includes:

a) A registration sheet of specifications according to the form in Annex III enclosed with this Circular (original copy if submitted in person or by post); the registration sheet of specifications (electronic form if submitted via online public service system);

b) A motorbike test result report of the testing agency (copy verified by the facility if submitted in person, by post or electronic copy if submitted via online public service system).

c) A method description and location of the chassis number according to the form in Annex IV enclosed with this Circular (original copy if submitted in person, by post or electronic file if submitted via online public service system);

d) A list of primary components used for assembling motorbikes according to the form in Annex V enclosed with this Circular (original copy if submitted in person or by post); a list of primary components used for assembling motorbikes (electronic form if submitted via online public service system);

dd) A written commitment of the producer that the type of products applying for the approval does not violate a protected industrial property right, and the enterprise is responsible for any violation as prescribed by law (original copy if submitted in person, by post or electronic file if submitted via online public service system).

2. Clause 1 Article 7 shall be amended as follows:

 “1. The producer shall make and submit 01 dossier of application for type approval as prescribed Clause 1 or Clause 2 of Article 5 of this Circular to the quality control agency in person, by post, online public service system or other manners;

3. Clause 4 Article 7 shall be amended as follows:

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4. Appendix I of Circular No. 45/2012/TT-BGTVT shall be replaced by Appendix I issued together with this Circular.

Article 5. Amendments to some articles of Circular No. 41/2013/TT-BGTVT dated November 05, 2013 of the Minister of Transport on technical safety and quality inspection of electric bicycles (hereinafter referred to as Circular No. 41/2013/TT-BGTVT) and Circular No. 42/2018/TT-BGTVT

1. Clause 1 Article 5 shall be amended as follows:

 “1. An application for technical safety and quality inspection of manufactured/assembled electric bicycle includes:

a) A statement of technical specifications which is made using the form in Appendix I enclosed herewith (original copy if submitted in person or by post); a statement of technical specifications (electronic form if submitted via online public service system);

b) A testing record given by the testing facility (copy verified by the manufacturer if submitted in person, by post or electronic copy if submitted via online public service system).

c) A bicycle owner’s manual which contains the main technical specifications, instructions for parts of the electric bicycle, safety and environmental protection instructions; Warranty information sheet (in which warranty conditions and addresses of warranty service providers must be specified); or electronic documents as mentioned (submission via online public service system);

d) A manufacturer's commitment that the vehicle type does not infringe any protected industrial property rights and the manufacturer shall take legal responsibility for any infringement cases (original copy if submitted in person, by post or electronic file if submitted via online public service system).

dd) A description of electric bicycle label, including dimensions, contents and location of the label (original copy if submitted in person, by post or electronic file if submitted via online public service system); The label of an electric bicycle shall include the manufacturer's name and address, mark, model code, kerb weight (i.e. weight of vehicle in running order), number of seating positions, number of type approval certificate, production year, and origin.

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 “a) The manufacturer shall make and submit 01 dossier of application for type approval as prescribed Clause 1 of Article 5 of this Circular to the quality control agency in person, by post online public service system or other manners;

3. Point d Clause 1 Article 8 shall be amended as follows:

 “d) The manufacturer shall receive Certificate at the quality control agency in person, by post, online public service system or other manners;

4. Points a, b, c Clause 2 Article 8 of Circular No. 41/2013/TT-BGTVT (amended in Clause 3 Article 5 of Circular No. 42/2018/TT-BGTVT) shall be amended as follows:

a) Point a Clause 2 Article 8 shall be amended as follows:

 “a) The importer shall make 01 set of registration dossier for inspection in accordance with provisions of Clause 2 Article 5 of this Circular and submit to the inspection agency in person, by post, online public service system.

b) Point b Clause 2 Article 8 shall be amended as follows:

 “b) The Quality Control Agency shall receive, inspect contents of registration dossier for inspection and notify the importer of the results within 01 working day. If the dossier of registration for inspection has completed in accordance with provisions, the Quality Control Agency will certify in the written registration for inspection. If the dossier of registration for inspection has not completed in accordance with provisions, the Quality Control Agency shall return and guide the importers to supplement, complete it;

The inspection agency shall agree with the importers for the time and place of the inspection. The inspection time must not exceed 03 working days compared with the date of request for inspection of the importer.”

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 “c) The quality control authority shall carry out inspection and consider results of testing for imported electric bicycles according to Article 7 hereof. In case of unsatisfactory inspection results, within 04 working days from the completion of the inspection, a notification shall be sent to the importer to implement remedial measures. Over 30 days from the date of notification, if the importer fails to implement appropriate remedial measures, the notification of non-conformity of quality for imported electric bicycles shall be given using the form in Appendix IIIc enclosed herewith. In case of satisfactory inspection results, the quality control authority shall issue the Certificate of quality conformity for imported electric bicycles using the form in Appendix IIIb enclosed herewith to the importer within 04 working days from the receipt of satisfactory results.

Article 6. Amendments to some articles of Circular No. 16/2014/TT-BGTVT dated May 13, 2014 of the Minister of Transport on conditions on motorized goods four-wheelers and their operators when joining road traffic (hereinafter referred to as “Circular No. 16/2014/TT-BGTVT”)

1. Article 5 shall be amended as follows:

 “1. Certification registration dossiers for components (except for imported engines in complete units):

a) A written registration of technical specifications, enclosed with a technical drawing displaying the main dimensions and materials and a photo of the product (original copy if submitted in person, by post or electronic form if submitted via online public service system); explanations about signs and numbers carved on the product (if any) (original copy if submitted in person, by post; or electronic file if submitted via online public service system);

b) A testing facility’s report on test results (copy verified by the facility if submitted in person, by post or electronic copy if submitted via online public service system).

c) A list of principal components used to assemble the engine (in case the product is an engine), made according to the form provided in Appendix III to this Circular (original copy if submitted in person or by post); a list of principal components used to assemble the engine (in case the product is an engine) (electronic form if submitted via online public service system);

2. Certification registration dossiers for vehicles:

a) A written registration of technical specifications, made according to the form provided in Appendix IV to this Circular (original copy if submitted in person or by post); a written registration of technical specifications (electronic form if submitted via online public service system);

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c) A list of principal components used to assemble the vehicle, made according to the form provided in Appendix V to this Circular (original copy if submitted in person or by post); a list of principal components used to assemble the vehicle (electronic form if submitted via online public service system);

d) The manufacturer's commitment that the vehicle type does not infringe any protected industrial property rights and the manufacturer shall take legal responsibility for any infringement cases (original copy if submitted in person, by post or electronic file if submitted via online public service system).

2. Clause 1 Article 7 shall be amended as follows:

 “1. The producer shall make and submit 01 set of certification registration dossier as prescribed Clause 1 or Clause 2 Article 5 of this Circular to the quality control agency in person, by post, online public service system or other manners;

3. Clause 4 Article 7 shall be amended as follows:

 “4. The producer shall receive Certificate at the Vietnam Register in person, by post, online public service system or other manners;

Article 7. Amendments to some articles of Circular No. 85/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport on regulations on modification of road motor vehicles (hereinafter referred to as “Circular No. 85/2014/TT-BGTVT”)

1. Article 5 shall be amended as follows:

 “Article 5. Design documents for modified motor vehicles

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1. Explanation of technical design for motor vehicles according to the provisions set out in Section A of the Appendix I enclosed herewith (original copy if submitted in person, by post or electronic file if submitted via online public service system);

2. A technical drawing according to the provisions set out in Section B of the Appendix I enclosed herewith (original copy if submitted in person, by post or electronic file if submitted via online public service system);

2. Clause 4 Article 7 shall be amended as follows:

 “4. A design appraisal dossier includes:

a) A request form for design appraisal according to the form shown in the Appendix III enclosed herewith (original copy or electronic form if submitted via online public service system);

b) Two sets of design dossiers for modified motor vehicles with components as prescribed in Article 5 hereof submitted at the headquarter of the design appraising agency in person or by post; or an electrical dossier for modified motor vehicles with components as prescribed in Article 5 hereof submitted via online public service system;

c) Document about parameters, technical specifications of modified motor vehicles and replaced, modified parts, systems (copy verified by the designing facility or electronic copy if submitted via online public service system).

d) Certificate of vehicle registration; ownership transfer note; certificate of technical quality, safety, and environment protection for imported motor vehicles, or certificate of fulfillment of import procedures (in case of used motor vehicles imported without registration plates) (copy verified by the designing facility or electronic copy if submitted via online public service system).

3. Point d Clause 5 Article 7 shall be amended as follows:

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4. Clause 6 Article 7 shall be amended as follows:

 “6. The approved design dossier and design appraisal certificate (original copy) shall be filed at the design appraising agency (one set), inspection & acceptance agency (one set). The approved design dossier (copy verified by the designing facility) and design appraisal certificate (original copy) shall be filed at the design appraising agency (one set), construction facility (one set) if the dossier is submitted and the result is provided in person or by post;”

5. Point b Clause 7 Article 10 shall be amended as follows:

 “b) Appraised design (original copy or electronic copy) in case the appraisal result is provided via online public service system.” In case of exemption from designing as prescribed in Clauses 3, 4, 6, Article 6 hereof, a general drawing of modified motor vehicle established by the modifying facility must be included;

6. Point c Clause 6 Article 11 shall be amended as follows:

 “c) If the dossiers are found adequate as required, the inspection & acceptance agency shall carry out the task of inspection. If result of inspection is found satisfactory, within three working days since the inspection is completed, relevant organizations, individuals shall be issued the certificate of modification. In case of rejection of issuance of the certificate, after the inspection is completed, the inspection & acceptance agency shall immediately issue a written notice to relevant organizations, individuals with reasons stated;

Article 8. Amendments to some articles of Circular No. 86/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport on regulations on conditions applied to restricted vehicles and operators thereof (hereinafter referred to as Circular No. 86/2014/TT-BGTVT) and Circular No. 42/2018/TT-BGTVT

1. Article 5 shall be amended as follows:

 “Article 5. Registration for certificate of type approval

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1. Registration for technical specifications according to form in the Appendix II enclosed herewith (original copy if submitted in person or by post); registration for technical specifications (electronic form if submitted via online public service system);

2. A report on results of inspection and test of passenger vehicles (copy verified by the facility if submitted in person, by post or electronic copy if submitted via online public service system).

3. A manufacturer’s written undertaking that the type of passenger vehicle asking for certification of type approval shall not violate industrial property rights being protected and the manufacturer shall be responsible to the law for any dispute in industrial property rights (original copy if submitted in person, by post or electronic file if submitted via online public service system).

2. Clause 1 Article 7 shall be amended as follows:

 “1. The manufacturer shall submit one (01) set of registration documents as prescribed Article 5 of this Circular to the Vietnam Register in person, by post, online public service system or other manners;

3. Clause 4 Article 7 shall be amended as follows:

 “4. The manufacturer shall receive Certificate at the Vietnam Register in person, by post, online public service system or other manners;

4. Clause 4 Article 10 shall be amended as follows:

 “4. The components of documents specified in Clauses 1 and 2 of this Article shall be used in form of electronic documents instead of the paper documents when the procedure is carried out on the online public service system.

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a) Clause 1 Article 12 shall be amended as follows:

 “1. The importer shall make 01 set of registration dossier for inspection in accordance with provisions of Clause 1 Article 10 of this Circular and submit to the Vietnam Register in person, by post or online public service system.

b) Clause 2 Article 12 shall be amended as follows:

 “2. The Vietnam Register shall receive, inspect contents of registration dossier for inspection and notify the importer of the results within 01 working day. If the dossier of registration for inspection has completed in accordance with provisions, the Vietnam Register will certify in the written registration for inspection. If the dossier of registration for inspection has not completed in accordance with provisions, the Vietnam Register shall return and guide the importers to supplement, complete it;

The Vietnam Register shall agree with the importer about the time and venue for inspection. The inspection time must not exceed 03 working days compared with the date of the importer's request for inspection.”

5. Clause 4 Article 12 shall be amended as follows:

 “4. The importer shall receive Certificate at the inspection agency in person, by post, online public service system or other manners;

Article 9. Amendments to some articles of Circular No. 48/2015/TT-BGTVT dated September 22, 2015 of the Minister of Transport on regulations on registration of inland waterway ships (hereinafter referred to as “Circular No. 48/2015/TT-BGTVT)

1. Article 8 shall be amended as follows:

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1. An application for appraisal of design documents for building, modification, repair or documentation of a ship includes:

a) An application form for appraisal of design documents made according to form in Appendix II enclosed herewith (original copy or electronic form);

b) Design documents, including spreadsheet, drawings, explanations and technical documents (if any) as prescribed in technical regulations and standards for the ship (3 original copies if submitted in person, by post or other manners or electronic copy that is valid if submitted via online public service system); If design documents are prepared by a foreign design unit or the ship owner is a foreigner or the ship is built in Vietnam for export, explanations and spreadsheet must be prepared in Vietnamese, or in English and accompanied with their Vietnamese translations, but drawings may be prepared in either Vietnamese or English;

c) With regard to design documents for documentation of a ship built abroad without the supervision of the registration agency: a shipbuilding contract or other documents proving the lawful ownership of the shipowner who shall take legal responsibility for the legality of his/her ship (certified true copy or electronic copy that is valid).

2. An application for appraisal of representative sample design documents includes:

a) An application form for appraisal of representative sample design documents for an inland waterway ship made according to form in Appendix III enclosed herewith; (original copy or electronic form);

b) Design documents, including spreadsheet, drawings, explanations as prescribed in technical regulations and standards for the ship (3 original copies if submitted in person, by post or other manners or electronic copy that is valid if submitted via online public service system);

3. a) With regard to representative sample duplication and appraisal, the application shall include an application form for approval for use of representative sample of an inland waterway ship made according to form in Appendix IV enclosed herewith (original copy or electronic form);

4. An application for appraisal of design documents of an imported ship includes:

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b) Design documents, including spreadsheet, drawings, explanations and technical documents (if any) as prescribed in technical regulations and standards for the ship and any technical documents issued to the ship by foreign organizations (3 original copies if submitted in person, by post or other manners or electronic copy that is valid if submitted via online public service system); Explanations and spreadsheet included in the design documents must be prepared in Vietnamese, or in English and accompanied with their Vietnamese translations, but drawings included therein may be prepared in either Vietnamese or English;

c) Documents determining the ship’s age (certified true copy or electronic copy that is valid)

d) Customs declaration for import (if the ship has been imported to Vietnam) (certified true copy or electronic copy that is valid)

5. An application for appraisal of design documents for an industrial product includes:

a) If the industrial product is produced or manufactured domestically, the application includes: an application form for appraisal of design documents made according to form in Appendix II enclosed herewith (original copy or electronic form); design documents, including spreadsheet, drawings, notes and technical documents (if any) as prescribed in technical regulations and standards for the industrial product (3 original copies if submitted in person, by post or other methods or electronic copy that is valid if submitted via online public service system).

b) If the industrial product is imported, the application includes: an application form for appraisal of design documents made according to form in Appendix II enclosed herewith (original copy or electronic form); design documents, including spreadsheet, drawings, notes and technical documents (if any) issued to the industrial product by foreign organizations as prescribed in technical regulations and standards for the industrial product (3 original copies if submitted in person, by post or other methods or electronic copy that is valid if submitted via online public service system). Explanations and spreadsheet included in the design documents must be prepared in Vietnamese, or in English and accompanied with their Vietnamese translations, but drawings included therein may be prepared in either Vietnamese or English; and the customs declaration for import.

6. An application for appraisal of design documents for conversion of a seagoing vessel into an inland waterway ship includes:

a) An application form for appraisal of design documents made according to form in Appendix II enclosed herewith (original copy or electronic form);

b) Design documents, including spreadsheet, drawings, notes and technical documents (if any) as prescribed in technical regulations and standards for the ship (3 original copies if submitted in person, by post or electronic copy that is valid if submitted via online public service system);

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a) Application form for appraisal of guidance documents made according to form in Appendix II enclosed herewith (original copy or electronic form);

b) Guidance documents (3 original copies if submitted in person, by post or other manners or electronic copy that is valid if submitted via online public service system);

2. Clause 1 Article 9 shall be amended as follows:

 “1. The applicant shall submit one (01) set of application for appraisal of design, guidance documents as prescribed Article 8 of this Circular to the Vietnam Register or its authorized registration agency in person, by post, online public service system or other manners;

3. Clause 5 Article 9 shall be amended as follows:

 “5. The applicant for appraisal of design documents/guidance documents shall pay fees and charges as prescribed and receive application processing results either at Vietnam Register or its authorized registration agency in person, by post, online public service system or other manners;

Article 10. Amendments to some articles of Circular No. 40/2016/TT-BGTVT dated December 07, 2016 of the Minister of Transport on registration of Vietnam sea-going ships (hereinafter referred to as “Circular No. 40/2016/TT-BGTVT)

1. Clause 2 Article 9 shall be amended as follows:

 “2. An application for appraisal of ship design includes:

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b) Design document (3 original copies if submitted in person, by post or other manners or 01 electronic file if submitted via online public service system);

2. Clause 3 Article 9 shall be amended as follows:

 “3. The applicant shall submit 01 complete application as prescribed Clause 2 of this Article to the Vietnam Register in person, by post, online public service system or other manners;

3. Clause 5 Article 9 shall be amended as follows:

 “5. Within 18 days from the date on which the sufficient application is received or within an agreed period with respect to new or complicated ship design provided not exceeding 60 (sixty) days, Vietnam Register shall assess the ship design. If case of unsatisfaction, it shall provide the applicant with a notification, in case of satisfaction; it shall issue a ship design appraisal certificate and bear an appraisal seal in the ship design.

4. Point b Clause 2 Article 16 shall be amended as follows:

 “2. An application for ship survey includes:

b) 01 (one) set of technical documents (copy), including specifications and reports on inspection or test of containers, machinery, materials, and equipment.

5. Point b Clause 2 Article 18 shall be amended as follows:

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6. Form No. 11 of Appendix issued together with Circular No. 40/2016/TT-BGTVT shall be replaced by Form No. 11 of Appendix II issued together with this Circular.

Article 11. Implementation

1. This Circular comes into force as of August 15, 2022.

2. The Chief of the Ministry Office, Ministerial Chief Inspector, Directors, Director of Vietnam Register and Heads of relevant entities shall be responsible for the implementation of this Circular.

PP. MINISTER
 DEPUTY MINISTER




Le Dinh Tho