Thông tư 21/2010/TT-BGTVT hướng dẫn Nghị định 95/2009/NĐ-CP quy định niên hạn sử dụng đối với xe ô tô chở hàng và chở người do Bộ Giao thông vận tải ban hành

CIRCULAR

ON GUIDELINES FOR IMPLEMENTATION OF THE GOVERNMENT’S DECREE NO. 95/2009/ND-CP DATED OCTOBER 30, 2009 ON SERVICE LIFE OF TRUCKS AND BUSES

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

Pursuant to the Government’s Decree No. 51/2008/ND-CP dated April 22, 2008 defining functions, tasks, entitlements and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 95/2009/ND-CP dated October 30, 2009 on service life of trucks and buses;

The Minister of Transport hereby provide guidelines for the implementation of the Government’s Decree No. 95/2009/ND-CP dated October 30, 2009 on service life of trucks and buses:

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for service life and determination of service life of trucks and buses prescribed in the Government’s Decree No. 95/2009/ND-CP dated October 30, 2009 (hereinafter referred to as “the Decree No. 95/2009/ND-CP).

Article 2. Regulated entities

This Circular applies to operators of trucks and buses (hereinafter referred to as “motor vehicles”), except for the army and public security forces’ motor vehicles used for national defense and security purposes.

Article 3. Definitions

1. “truck” means a motor vehicle designed mainly for conveying goods, such as a conventional truck, opened truck, truck with canvas, box body truck, dumper/tipper, truck with crane, truck with lifting device, insulated truck, refrigeration truck, cooling truck, pickup truck with single cab, pickup with double cab and van.

2. “special truck” means a truck designed to carry certain type of cargo, such as a car carrier truck, carrier for heavy duty machines, tanker, garbage truck, tractor, cement mixer truck and gas cylinder truck.

3. “bus” means a motor vehicle which is designed for carrying persons and luggage, and which has at least 10 seats, including the driving seat, or a special passenger vehicle (ambulance, hearse, motor vehicle for the transport of disabled persons or children, mine rescue vehicle).

4. “special motor vehicle” means a motor vehicle designed for performing a specific work function, such as a fire engine, road sweeper lorry, vacuum truck, concrete-mixer truck, concrete-pumping truck, crane truck, ladder truck, mobile drilling rig, tow truck, armored car (for transport of valuables), television production truck, mobile signal strength measuring unit, asphalt paver, vehicles serving bridge inspection or underground cable inspection, mobile surgery unit.

5. Where necessary, car classification shall be carried out according to applicable technical standards.

Chapter II

SERVICE LIFE OF MOTOR VEHICLES

Article 4. Motor vehicles subject to regulation on service life

1. The motor vehicles prescribed in Article 1 of the Decree No. 95/2009/ND-CP: trucks; special trucks; buses which have at least 10 seats (including the driving seat); special passenger vehicles.

2. Other motor vehicles not mentioned in Points a, b and c Clause 1 Article 2 of the Decree No. 95/2009/ND-CP.

Article 5. Motor vehicles not subject to regulation on service life

The motor vehicles mentioned in Points b and c Clause 1 Article 2 of the Decree No. 95/2009/ND-CP are not subject to regulation on service life: buses which have up to 09 seats (including the driving seat); special motor vehicles; trailers and semi-trailers.

Article 6. Modified motor vehicles

Service life of a modified motor vehicle begins from the year in which such vehicle is manufactured before the modification. To be specific:

1. A bus that exceeds its service life and is converted to a truck will have a service life that must not exceed 25 years (according to Clause 1 Article 4 of the Decree No. 95/2009/ND-CP).

2. A bus with at least 10 seats (including the driving seat) and special passenger vehicle that are converted to a bus with less than 09 seats (including the driving seat) will have a service life that must not exceed 20 years (according to Clause 2 Article 4 of the Decree No. 95/2009/ND-CP).

3. A truck that is converted to a special motor vehicle will have a service life that must not exceed 25 years (according to Clause 1 Article 4 of the Decree No. 95/2009/ND-CP).

4. A truck and bus with up to 09 seats (including the driving seat) that are converted to a truck will have a service life that must not exceed 25 years (according to Clause 1 Article 4 of the Decree No. 95/2009/ND-CP).

5. A truck that was converted to a bus before January 01, 2002 will have a service life that must not exceed 17 years (according to Point c Clause 1 Article 4 of the Decree No. 95/2009/ND-CP).

Article 7. Determination of service life of motor vehicles

1. The service life of motor vehicles specified in Article 4 of the Decree No. 95/2009/ND-CP shall be expressed as years from the year in which such motor vehicles are manufactured and shall be determined in the following order of priority:

a) The vehicle’s vehicle identification number (VIN)

b) The vehicle’s chassis number;

c) Technical documentation: catalogue, specifications manual, identification software or information of the manufacturer;

d) Information on the manufacturer’s label affixed to the vehicle;

dd) Documents: Certificate of quality; Manufacturer’s certificate of quality inspection, regarding domestically manufactured motor vehicles; Inspection or commissioning record, Certificate of quality of modified vehicle, regarding modified motor vehicles; Original documents under the management of the police authority; import documents.

2. It is considered that a motor vehicle exceeds its service life if it does not have any of the documents or bases specified in Clause 1 of this Article.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 8. Responsibility of Vietnam Register

1. Organize the dissemination of the Decree No. 95/2009/ND-CP.

2. Provide guidance, direct and inspect the performance of the following tasks by motor vehicle registration units nationwide:

a) Determine production year, make a list of motor vehicles exceeding its service life on an annual basis;

b) Report the list of motor vehicles that have exceeded their service life and are about to exceed their service life to Vietnam Register;

c) Report the list of motor vehicles exceeding their service life to traffic police divisions and transport inspecting authorities and publish the list at the units.

3. On an annual basis, consolidate of the list of motor vehicles that have exceeded their service life and are about to exceed their service life according to a road map and notify thereof to Traffic - Railway Police Authority.

4. Settle complaints and denunciations in accordance with applicable regulations.

5. Submit an annual consolidated report on the implementation of the Decree No. 95/2009/ND-CP and propose necessary solutions to the Ministry of Transport.

Article 9. Responsibility of Departments of Transport

1. Disseminate the Decree No. 95/2009/ND-CP and this Circular to operators of motor vehicles within their areas.

2. Cooperate with Vietnam Register in directing motor vehicle registration units under their management to organize the implementation of the Decree No. 95/2009/ND-CP and this Circular.

Article 10. Effect

1. This Circular comes into force 45 days after the date on which it is signed. It repeals the Circular No. 06/2004/TT-BGTVT dated March 31, 2005 of the Ministry of Transport.

2. The motor vehicles that have been classified before the effective date of this Circular shall not be reclassified.

Article 11. Implementation organization

Chief of the Ministry Office, Chief Inspectors of Ministries, Directors of Departments, General Director of Vietnam Register, Directors of Departments of Transport, heads of relevant organizations and individuals are responsible for the implementation of this Circular./.

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This document is handled by Dữ Liệu Pháp Luật . Document reference purposes only. Any comments, please send to email: [email protected]