DECREE

PROVIDING FOR THE USE LIFE OF CARGO AUTOMOBILES AND PASSENGER AUTOMOBILES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 13, 2008 Law on Road Traffic;
At the proposal of the Minister of Transport,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for the use life of cargo automobiles and passenger automobiles (below referred to as automobiles) running on roads of the Socialist Republic of Vietnam.

Article 2. Subjects of application

1. This Decree applies to all organizations and individuals that operate automobiles on roads, excluding:

a/ Automobiles of the army and public security forces for defense and security purposes;

b/ Passenger automobiles of up to 9 seals (including the driver's);

c/ Special-use automobiles (with a structure and equipment designed for a special function or utility), trailers and semi-trailers.

2. When a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Decree, that treaty prevails.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Use life of an automobile means the permitted use duration of that automobile.

2. Cargo automobile means an automobile with a structure and equipment designed mainly for cargo transport (trucks).

3. Passenger automobile means an automobile with a structure and equipment designed for transporting passengers and their luggage.

Chapter II

USE LIFE OF AUTOMOBILES

Article 4. Use life of automobiles

1. Not exceeding 25 years, for cargo automobiles.

2. Not exceeding 20 years, for passenger automobiles.

3. Not exceeding 17 years, for passenger automobiles transformed from other vehicles before January 1. 2002.

Article 5. Time for calculating the use life of automobiles

1. The use life of an automobile is counted from the year of manufacture of that automobile.

2. In special cases when it is permitted by the Prime Minister, the use life of an automobile may be counted from the year of first-time registration of that automobile.

Chapter III

RESPONSIBILITIES OF CONCERNED ORGANIZATIONS AND INDIVIDUALS

Article 6. Responsibilities of organizations and individuals that operate automobiles on roads

1. To observe the provisions on the use life of automobiles in Article 4 of this Decree.

2. To work out plans on the renovation of vehicles.

Article 7. Responsibilities of state management agencies

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall, within the ambit of their functions, tasks and powers, direct and guide the implementation of the use life of automobiles, conduct examination and inspection, and handle violations.

2. The examination and inspection of organizations and individuals operating automobiles on roads must comply with current law.

Chapter IV

IMPLEMENTATION PROVISIONS ARTICLE 8 EFFECT

This Decree takes effect on December 20, 2009, and replaces the Government's Decree No. 23/2004/ND-CP of January 13, 2004, providing for the use life of trucks and passenger automobiles.

Article 9. Implementation responsibility

1. The Minister of Transport shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees, and concerned organizations and individuals shall implement this Decree.