The Government has just issued Decree No. 30/2023/ND-CP amending and supplementing a number of articles of Decree No. 139/2018/ND-CP of the Government regulating the business of motor vehicle inspection services.
Notably, the decree amends Clause 1 and Clause 2, Article 10, which stipulates "Temporary suspension of motor vehicle inspection service business activities".
Accordingly, the inspection unit will be temporarily suspended for 3 months if 3 or more inspectors are sanctioned according to the provisions of Clause 1, Article 38 of Decree No. 100/2019 of the Government on administrative sanctions for violations in the field of road and railway traffic or 2 or more inspectors have their inspection certificates revoked for 12 consecutive months (except in cases of revocation according to Clause 6, Article 18).
Inspection centers and inspection units will also have all inspection activities temporarily suspended for 3 months if they violate regulations, standards, and technical regulations regarding inspection and issuance of inspection certificates for motor vehicles.
If the inspection unit makes requests or issues procedures that are 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; or refuses to provide motor vehicle inspection services in violation of the law, the inspection unit will also be suspended for 3 months.
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In addition, the amended decree also clearly states that the inspection unit will be temporarily suspended for 1 month if 2 inspection officers are punished according to the provisions of Clause 1, Article 38 of Decree No. 100/2019 within 12 consecutive months.
Failure to ensure one of the conditions, requirements, and regulations in this Decree and national technical regulations on inspection units or assignment of inspection personnel to perform inspections inconsistent with the content of the inspection officer certificate shall result in the inspection unit being temporarily suspended for 1 month.
The Decree also amends and supplements the principles of motor vehicle inspection service operations.
Specifically, only organizations that have been granted a certificate of eligibility to conduct motor vehicle inspection activities are allowed to conduct motor vehicle inspection activities. Inspection activities must ensure independence, objectivity, transparency, and compliance with legal regulations.
In case the system of inspection units cannot meet the inspection needs of organizations and individuals, it is allowed to mobilize inspection units and human resources of the People's Public Security and People's Army to participate in supporting the inspection of motor vehicles within the scope of this Decree.
The construction and establishment of inspection units must be consistent with provincial planning, specialized planning and other related planning, taking into account specific factors of localities, remote areas, mountainous areas and islands; consistent with the number and density of vehicles registered in the area; encouraging the application of modern inspection technology and equipment.
The location of the inspection unit must comply with regulations on connection and connection to the traffic system; convenient for motor vehicles to enter and exit for inspection; ensure safety and convenience during operation, not cause traffic obstruction and congestion, especially in large cities.
Decree 30/2023/ND-CP takes effect from June 8.
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