Which type of certificate is needed for special-use vehicles in the factory? - Apolat Legal
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Which type of certificate is needed for special-use vehicles in the factory?

Special-use vehicles are important tools in the production process at factories and warehouses. When putting these vehicles into operation, companies not only need to pay attention to technical factors, ensure proper use but also ensure that these vehicles have been registered in accordance with the standards prescribed by law. So, what kind of certificates do special-use vehicles in factories usually have to have? 1.

1. Which motor vehicles in factories are classified as special-use vehicles?

Pursuant to Clause 20 Article 3 Road Traffic Law 2008, special-use vehicle means construction vehicle, farm vehicle, forestry vehicle and other special-use vehicles used for defense and security purposes, which joins in road traffic. 

Circular 22/2019/TT-BGTVT has also issued a list of special-use vehicles (in Appendix 1 of Circular 22/2019/TT-BGTVT), according to which special-use vehicles include the following groups:  

  • Heavy-duty vehicles: earthworks machinery (excavator, bulldozer, roller, etc.), road surface equipment, foundation construction equipment, pipe laying equipment, gravel crushing, etc. 
  • Loading and unloading equipment and vehicles: loading equipment, lifting equipment, crane, etc. 
  • Special vehicles and equipment used in the agricultural production sector 
  • Special vehicles and equipment used in the forestry sector. 

For these vehicles, companies must ensure that they have registration documents in accordance with the law on transportation. 

2. Documentation of origin of special-use vehicles 

For domestically manufactured and assembled special-use vehicles, companies ought to obtain Quality inspection certificate issued under regulations of the Minister of Transport (Clause 1 Article 4 Circular 22/2019/TT-BGTVT). Upon purchasing such vehicles, enterprises need to request domestic manufacturers to provide this type of document to present to state agencies if requested. 

For imported special-use vehicles, companies ought to obtain Certificate of conformance to technical safety and environmental protection regulations or notification of exemption from the requirement for inspection of technical safety and environmental protection of imported special vehicles issued under regulations of the Minister of Transport (Clause 2 Article 4 Circular 22/2019/TT-BGTVT).  

3. Documentation of ownership of special-use vehicles 

Pursuant to Article 3 Circular 22/2019/TT-BGTVT, companies must store one of the following documents of ownership:  

  • Sale, purchase, gift contract or written document stating inheritance, provided in laws;
  • Sales invoice made under regulations of the Ministry of Finance;
  • Written document on approval of vehicle liquidation made by competent authorities under law;
  • Written document stating the finance lessor agrees to rent the lessee the special vehicle of which ownership is registered under law; 
  • Decision to receive aids from competent authorities under law; 
  • Decision to dispatch and sell national reserve goods by competent authorities under law. 

4. Special-use vehicle registration certificate

Any vehicle that has legal origin and meets standards of the quality of technical and environmental safety may be eligible for registration and obtainment of a license plate. 

Pursuant to Clause 1 Article 5 Circular 22/2019/TT-BGTVT, documents for the initial registration of special vehicles shall be composed of the followings: 

  • Special-use vehicle registration form (Form No. 2 of Appendix 2 of Circular 22/2019/TT-BGTVT); 
  • Original copy of written document evidencing ownership of special-use vehicle;
  • Original copy of written document clarifying the origin of special vehicle. 

Special-use vehicles yet registered when running on the road must be temporarily registered (Clause 3 Article 5 Circular 22/2019/TT-BGTVT).  

The special-use vehicle’s owner prepares the registration documents for direct submission to the Department of Transport at the place where the owner’s main office or permanent residence is located. In case the inspection results of the items are satisfactory, the Department of Transport shall grant the certificate of registration and number plate to the owner and record relevant information into the special vehicle register. 

5. Requirements for special-use vehicles subject to strict occupational safety and health requirements 

Some types of special-use vehicles are machinery, equipment subject to strict occupational safety and health requirements issued in the appendix of Circular 36/2019/TT-BLĐTBXH (for example: crane, merchandise forklift, human forklift, etc.). These are vehicles with special operating characteristics, which, if not used properly, are likely to cause labor accidents for personnel at the factory.   

Pursuant to Clause 2 Article 3 Decree 4/2023/ND-CP, companies using special-use vehicle with strict requirements on occupational safety and health shall submit a report to the relevant provincial Department of Labour, War Invalids and Social Affairs within 30 days from the day on which the machinery, equipment or supplies subject to strict occupational safety requirements are put into use, unless otherwise prescribed in specialized laws.  

In addition, companies must also register for training on management of machines, equipment and supplies with strict requirements on occupational safety and health when organizing occupational safety and health training for the company’s personnel (points b, point c Clause 2 Article 18 of Decree 44/2016/ND-CP).  

 

Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Business and Investment and contact our team of lawyers in Vietnam via email info@apolatlegal.com.

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