Thông tư 85/2014/TT-BGTVT

CIRCULAR

REGULATIONS ON MODIFICATION OF ROAD MOTOR VEHICLES

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

Pursuant to the Government’s Decree No. 107/2012/NĐ-CP dated December 20, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of Director General of the Department of Science and Technology and Director General of the Vietnam Register;

The Minister of Transport promulgates the Circular regulating modification of road motor vehicles.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

1. This Circular regulates modification of road motor vehicles (hereinafter referred to as motor vehicles) that already have vehicle registration plates or are used and eligible for importation.

2. This Circular does not apply to the following motor vehicles:

a) Motorbikes and tractors;

b) Motor vehicles modified for the purposes of national defense and security by the Ministry of National Defense and the Ministry of Public Security;

Article 2. Regulated entities

This Circular applies to organizations, individuals relating to modification of motor vehicles.

Article 3. Interpretation of terms

In this Circular, some terms are construed as follows:

1. Motor vehicles mean road transport vehicles that are defined and classified in TCVN 6211 and TCVN 7211 (Except motorbikes).

2. Parts mean engines, frames, cabins, body or trunks, passenger compartment, special equipment installed on cars.

3. System includes transmission, drive train, suspension, brakes, steering system, fuel system, electricity, lights, and signals.

4. Modification of motor vehicles means changes are made to structures, shapes, arrangements, working principles, parameters, technical specifications of part or whole of the system of a motor vehicle. In case the system, parts are replaced with another system, parts of the same type and manufacturer (the same spare part code), this shall not be called as modification.

5. Vehicles include automobiles, trailers, semi-trailers.

6. Original vehicles (not modified) motor vehicles) mean motor vehicles not having undergone changes to structures, shapes, arrangements, working principles, parameters, technical specifications of the whole system, parts in comparison with the manufacturer’s design.

7. Design organization means an organization that engages in activities of designing motor vehicles

8. Modification organization means an organization that engages in activities of modifying, manufacturing and assembling motor vehicles.

9. Design appraisal means activities of reviewing, inspecting, checking and assessing motor vehicle modification documents under technical regulations and standards, and relevant provisions.

10. Acceptance of modified motor vehicles means activities of inspecting and assessing motor vehicles that are modified according to the appraised design documents (hereinafter referred to as acceptance).

Article 4. Regulations on modification of motor vehicles

Modification of motor vehicles and motor vehicles after being modified must conform to technical regulations and standards, regulations on technical quality, safety, and environment protection with respect to motor vehicles participating in traffic and must comply with the following regulations:

1. Do not modify purposes of use (uses) with respect to motor vehicles that have been put in use for more than 15 years from the year of manufacture to the time of design appraisal.

2. Do not modify to other kinds any imported dedicated motor vehicle and imported refrigerated truck that have been put into use for five years and three years respectively since the first registration date.

3. Do not modify bodywork of imported brand new trucks that have been put into use for six months from the first assessment of technical safety and environmental protection to the time of design appraisal (except modification into dual-control cars or installation of roof on open trucks).

4. Do not modify motor vehicles to passenger vehicles and vice versa except to modify passenger vehicles from 16 seats and under (including driver seat) to van trucks.

5. Do not modify suspension system of motor vehicles;

6. Do not modify brake system of motor vehicles except:

a) Install auxiliary brake pedal on dual-control cars and vice versa;

b) Carry out modifications to provide energy and control brake system of trailers, semi-trailers;

7. Do not modify steering system of motor vehicles except imported right-hand drive cars;

8. Do not install sleepers of two-floor types on passenger cars

9. Do not expand size of cargo compartment of passenger cars;

10. Do not modify tractors to motor vehicles of other kinds (except specialized vehicles)

11. Do not modify size of tires, number of axles and tire tracks of motor vehicles;

12. Do not modify distances between axles of motor vehicles except to convert into specialized cars, tractors; when converting back into original cars, shortening basic length, size of bodywork of tipper trucks, tankers and trucks participating in road traffic must conform to the Circular No. 42/2014/TT-BGTVT dated September 15, 2014 of the Minister of Transport regulating bodywork of tipper trucks, tankers and trucks participating in road traffic (hereinafter referred to as the Circular No. 42/2014/TT-BGTVT) As for semi-trailers (except tipper semi-trailers) and container semi-trailers with total mass allowed for traffic participation lower than the entire weight by design, it is permitted to modify positions of axles, axle group, couplers until December 31, 2015.

13. Do not increase length of the entire vehicle except to convert into specialized cars, to change front, back panels of passenger cars.

14. Do not increase size of bodywork of trucks, volume of tank of tankers; do not increase height of truck side when roof is installed on roofless open trucks.

15. When converting modified trucks, tankers into original forms, do not increase size of bodywork.

16. Total mass of a modified motor vehicle allowed for traffic participation must ensure:

a) Passenger cars: Total mass is not allowed to be more than value of designed total mass corresponding to maximum number of passengers (allowed according to design) and total mass allowed for traffic participation according to the regulations on road & bridge loading.

b) Specialized trucks: Total mass is not allowed to be more than value of designed total mass and total mass allowed for traffic participation according to the regulations on road & bridge loading.

17. Total weight of cargo allowed for traffic participation for modified motor vehicles is not allowed to be more than total weight of cargo allowed according to original design (design of original truck)

18. Technical specifications of modified motor vehicles such as tipper trucks, tankers and trucks must conform to the Circular No. 42/2014/TT-BGTVT.

19. Do not use used systems, parts for the modification of motor vehicles except specialized equipment, engines (An engine to be re-used must be taken from a motor vehicle that has been put into use for a maximum of 15 years, including replacement for the engine of the same kind). Maximum capacity of an engine as replacement must be from 90%-120% of maximum capacity of original truck’s capacity.

20. Cranes, tanks of dangerous cargo, tanks of compressed air, LPG to be installed on modified motor vehicles must be inspected and certified for uses, technical safety quality by competent agencies.

21. During the operation, each motor vehicle is allowed for modification or modification of only one or two main parts such as engine and bodywork and no more than three parts as follows: cabin, bodywork, passenger compartment; transmission, drive train, suspension, brakes, steering and fuel system.

22. Modification of a system, a part that causes effect on parameters, technical specifications of other related systems, parts shall be examined and calculated in particular and considered as modification of related systems, parts.

23. Any motor vehicle that is modified to ensure access for the disabled and does not conform to this Article shall be still allowed for modification. Any motor vehicle that was modified to provide access for the disabled is only allowed for modification back to its original form.

Chapter II

DESIGN AND DESIGN APPRAISAL

Article 5. Design documents for modified motor vehicles

Design documents for modified motor vehicles include:

1. Explanation of technical design for motor vehicles (original) according to the provisions set out in Section A of the Appendix I enclosed herewith;

2. Technical drawings (original) according to the provisions set out in Section B of the Appendix I enclosed herewith;

Article 6. Exemption from establishment of design documents for modified motor vehicles

Any modified motor vehicle among the following cases shall be exempted from establishment of design documents:

1. Dual-control cars with an auxiliary brake pedal installed or removed by connecting with a main auxiliary brake pedal via a mechanical drive spar.

2. Install or remove dust cover of tipper trucks without causing any change to size of bodywork.

3. Install or remove cover of cargo compartment of pickup trucks without causing any change to size of bodywork.

4. Tipper trucks, tankers imported or manufactured, assembled, modified before November 01, 2014 need to reduce volume of body, tanks to suit the Circular No. 42/2014/TT-BGTVT.

5. Remove fuel system using LPG from modified motor vehicle to return to its original form (without using LGP)

6. Modify positions of axles, axle group, couplers until December 31, 2015 for semi-trailers (except tipper semi-trailers) and container semi-trailers with total mass allowed for traffic participation lower than total mass as designed.

7. Carry out modification according to model design announced by the Vietnam Register;

Article 7. Design appraisal for modified motor vehicles

1. Design documents for modified motor vehicles must be appraised by the Vietnam Register or the Service of Transport (hereinafter referred to as the design appraising agency) according to the provisions set out in Article 8 hereof. If satisfactory, the design appraising agency shall approve the design and grant the certificate of design appraisal for modified motor vehicles according to the form shown in the Appendix II enclosed herewith (hereinafter referred to as design appraisal certificate)

2. Maximum validity period of design appraisal certificate shall be 12 months since the date of signing but no later than service life of cars (if any) or no later than 15 years since the year of manufacture of motor vehicle (in case of changing purpose of use).

3. Appraisers of the design appraising agency must obtain engineer's degrees in auto mechanics and has been trained by the Vietnam Register in technical regulations and standards of modification of motor vehicles.

4. Design appraisal documents include:

a) A request form for design appraisal (original) according to the form shown in the Appendix III enclosed herewith;

b) Four sets of design documents for modified motor vehicles with components as prescribed in Article 5 hereof;

c) Documents about parameters, technical specifications of modified motor vehicles and replaced, modified parts, systems (a copy confirmed by the design organization).

d) A copy confirmed by the design organization of one of the following papers: 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).

5. Sequence and procedures for design appraisal

a) Design appraisal documents include:

b) The design appraising agency shall receive and inspect components of the documents. If the documents are found inadequate as required, relevant organizations, individuals shall be asked to fulfill within the working day (in case of direct submission) or within two working days (in case submission made by post or other ways);

c) The design appraising agency shall carry out design appraisal according to the regulations. If the design is found satisfactory, within seven working days since receipt of full design documents, the design appraising agency shall issue the design appraisal certificate. In case the design appraisal certificate can not be issued, within two working days since the result of appraisal is released, the design appraising agency shall issue a written notice to relevant organizations, individuals with reasons stated;

d) Relevant organizations or individuals may submit documents and receive results direct from head office of the design appraising agency or via the postal system or other manners as appropriate.

6. Approved design documents and design appraisal certificate shall be filed at the design appraising agency (one set), modifying facility (one set), inspection & acceptance agency (one set) and the design organization (one set).

Article 8. Responsibilities for design appraisal for modified motor vehicles

1. The Services of Transport shall be responsible for appraising designs of modified motor vehicles with number plates registered in the locality according to the following provisions:

a) Modification and installation of systems, parts frames, engines, drive train, cabin, bodywork, passenger compartment, electricity system, lights and signals: trucks (except specialized trucks and imported used chassis only), passenger cars to 25 seats (including driver seat) including modification of passenger cars above 25 seats to 25 seats and under;

b) Installation of seats on dual-control cars;

c) Modification of passenger cars to ambulance cars, funeral service cars;

d) Modification of passenger cars from 16 seats and under (including driver seat) to van trucks;

2. The Vietnam Register shall be responsible for appraising designs as not defined in Clause 1 of this Article or on request.

3. In case the Services of Transport have not sufficient conditions for performing design appraisal, the Vietnam Register shall be responsible for doing it.

Chapter III

MODIFICATION OF MOTOR VEHICLES, ACCEPTANCE AND ISSUANCE OF CERTIFICATE OF TECHNICAL QUALITY, SAFETY, AND ENVIRONMENT PROTECTION FOR MODIFIED MOTOR VEHICLES

Article 9. Modification

1. Modification of motor vehicles must be performed at facilities that have registered activities of modification, production and assembly of motor vehicles according to the law provisions.

2. Modification of motor vehicles must be performed in accordance with appraised design meeting requirements for technical quality, safety, and environment protection.

3. Motor vehicles after being modified must be inspected for product quality by the modifying facility. Result of inspection shall be documented according to the form shown in the Appendix IV enclosed herewith.

Article 10. Acceptance of modified motor vehicles

1. Motor vehicles after being modified according to the appraised design shall be inspected and accepted by the Vietnam Register or vehicle inspection agency (hereinafter referred to as the inspection & acceptance agency) as prescribed in Clauses 2, 3 of this Article and granted the certificate of technical quality, safety, and environment protection for modified motor vehicles according to the form shown in the Appendix V enclosed herewith (hereinafter referred to as the certificate of modification).

2. The Vietnam Register shall inspect and accepted modified motor vehicles as follows:

a) Modification of position of steering wheel of right-hand drive cars;

b) Modification of the whole cabin, bodywork, and passenger compartment of passenger cars;

c) Modification of imported used chassis only;

d) Modification of fuel system of motor vehicles (except otherwise regulated in Clause 5, Article 6 hereof);

dd) Modification of motor vehicles of all types to specialized cars;

3. The vehicle inspection agency shall carry out inspection and acceptance of modified motor vehicles outside the provisions set out in Clause 2 of this Article.

4. Those who are involved in the inspection and acceptance of modified motor vehicles are inspectors trained by the Vietnam Register in technical regulations and standards of modification of motor vehicles, and representatives of the modifying facility.

5. As for the modification of the whole cabin, bodywork, passenger compartment of passenger cars; conversion of open box trucks to closed box trucks (two sides of box are closely sealed), insulated trucks, refrigerated trucks, the modifying facility must issue a written notice to the inspection & acceptance agency for carrying out the inspection and acceptance of frame structure of bodywork in accordance with the design prior to completion.

6. Content of inspection: The inspection & acceptance agency shall rely on vehicle modifying design and general process of inspection and acceptance of modified motor vehicles as prescribed in the Appendix VI enclosed herewith.

7. Documents of inspection and acceptance of modified motor vehicles include:

a) Request form for inspection and acceptance of modified motor vehicles according to the form shown in the Appendix VII enclosed herewith;

b) Appraised design 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;

c) Panoramic photos of modified vehicle at a 45-degree angle in front and at the back, photos of modified systems, parts;

d) Minutes of finished product acceptance for modified vehicles;

dd) Lists of replacement parts, systems according to the form shown in the Appendix VIII enclosed herewith;

e) A copy confirmed by the modifying facility of the documents about parameters, technical specifications of modified vehicles, replacement parts, systems and the documents confirming origin of modified systems, parts;

g) Certificate of technical safety quality for cranes, tanks of dangerous cargo, compressed air, LPG and specialized equipment as regulated.

8. As for inspection and acceptance of modified motor vehicles, appropriate equipment, instruments must be employed to inspect items, systems and parts relating to modification.

9. Result of inspection shall be made into the minutes of technical quality, safety, and environment protection for motor vehicles according to the form shown in the Appendix IX enclosed herewith.

10. As for modified motor vehicles that have the same brand, type number, technical specifications and worked by the same modifying facility, the same design can be used and the inspection and acceptance can be conducted by the same inspection & acceptance agency. Documents for inspection and acceptance of the next product include:

a) Document issued by the design appraising agency approving use of appraised design for modification;

b) Documents of inspection and acceptance as prescribed in Points a, c, d, dd, e and g, Clause 7 hereof.

Article 11. Issuance of certificate of modification

1. Any modified motor vehicle that achieves technical regulations and standards after undergoing the inspection and acceptance shall be issued the certificate of modification.

2. The certificate of modification includes two copies issued to the owner for preparing procedures for appraisal and registration for number plates

3. Validity period of the certificate of modification is six months since the date of signing.

a) In case the owner loses his/her unexpired certificate of modification, he/she should submit a written notice directly or by post or via other manners to the inspection & acceptance agency for re-issuance. The inspection & acceptance agency shall re-issue the certificate of modification to the owner upon receipt of the written notice (request form). Expiration date of the re-issued certificate of modification shall be the same as that of the lost one.

b) In case the owner loses her/his expired certificate of modification, he/she should submit a written notice to the inspection & acceptance agency for inspection and issuance of the new one.

c) In case the certificate of modification is expired, the owner should return such certificate to the inspection & acceptance agency for inspection and issuance of the new one.

4. The certificate of modification is printed from motor vehicle modification management software.

5. Results of inspection, photos, inspection record, copy of the certificate of modification and the documents for inspection and acceptance of modified motor vehicles shall be filed at the inspection & acceptance agency.

6. Sequence and procedures for inspection

a) Organizations, individuals must submit to the inspection & acceptance agency a set of documents of inspection according to the provisions set out in Clause 7, Article 10 hereof;

b) The inspection & acceptance agency shall receive and examine the documents. If the documents are found inadequate as required, relevant organizations, individuals shall be asked to complete within the working day (in case of direct submission) or within two working days (in case submission is made by post or other appropriate manners);

c) If the documents 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 two working days since the inspection is completed, the inspection & acceptance agency issue a written notice to relevant organizations, individuals with reasons stated;

d) Relevant organizations or individuals may submit documents and receive results direct from head office of the inspection & acceptance agency or via the postal system or other manners as appropriate.

Chapter IV

IMPLEMENTATION

Article 12. Responsibilities of the Vietnam Register

1. Organize, instruct and inspect relevant organizations, individuals in the implementation of this Circular.

2. Construct, manage and instruct the use of motor vehicle modification management software.

3. Appraise designs, inspect and accept modified motor vehicles as regulated hereof.

4. Compile training materials and carry out training in technical regulations and standards of motor vehicle modification to relevant personnel.

5. Issue, manage, instruct and examine the use of form of the certificate of modification, design appraisal certificate for modified motor vehicles.

6. Summarize performance of motor vehicle modification and report to the Ministry of Transport on a six-month, annual basis.

Article 13. Responsibilities of the Services of Transport

1. Appraise designs of motor vehicle modification as regulated hereof;

2. Instruct local design organizations to implement this Circular;

3. Use form of design appraisal certificate and motor vehicle modification management software in accordance with the regulations.

4. Submit reports on appraisal of modified motor vehicles according to the form shown in the Appendix X enclosed herewith to the Vietnam Register before January 01 and July 01 annually.

Article 14. Responsibilities of the vehicle inspection agency

1. Inspect and issue certificate of modification according to the regulations hereof;

2. Use form of design appraisal certificate and motor vehicle modification management software in accordance with the regulations;

3. Instruct the owner to carry out adjustment of size of tanks, bodywork in accordance with the provisions set out in Clause 4, Article 6 hereof.

4. Submit written request to design appraising agencies for re-appraisal of design documents upon finding technical mistakes made in the design documents.

5. Submit reports on inspection and acceptance of modified motor vehicles according to the form shown in the Appendix X enclosed herewith to the Vietnam Register and the Services of Transport before January 01 and July 01 annually;

6. Report and provide sufficient documents, data serving the modification of motor vehicles.

Article 15. Fees and charges

Design appraising agencies, inspection and acceptance agencies shall collect fees and charges according to applicable regulations;

Article 16. Filing documents

1. Design appraisal documents shall be filed at design appraising agencies and allowed to be destroyed after 20 years except design appraisal certificate for modified motor vehicles;

2. Acceptance documents shall be filed at inspection and acceptance agencies and allowed to be destroyed after 20 years except copy of the certificate of modification.

Chapter V

IMPLEMENTATION

Article 17. Effect

1. This Circular takes effect since March 10, 2015 and replaces the Circular No. 29/2012/TT-BGTVT dated July 31, 2012 of the Minister of Transport regulating modification of road motor vehicles.

2. Design appraisal certificate and certificate of modification issued before the effective date of this Circular shall remain valid until the expiration date;

3. In case there are changes or supplements made to documents, materials excerpted from this Circular, new documents, standards or materials shall be applied.

Article 18. Responsibilities

The Chief of the Ministry Office, the Chief Inspector, director generals of Directorate for Roads of Vietnam, Director General of the Vietnam Register, directors of the Services of Transport of central-affiliated cities and provinces, heads of relevant agencies, organizations and individuals shall be responsible for executing this Circular./.