Ministry of Transport
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. :
25/2019/TT-BGTVT
|
Hanoi, 05th
of July, 2019
|
CIRCULAR
On the technical safety and environmental safety
inspection in automobile manufacture and assembly
Pursuant to the Law on Road Traffic dated
November 13, 2008;
Pursuant to Law on Products and Goods Quality
dated November 21, 2007;
Pursuant to the Law on Environmental Protection
dated June 23, 2014;
Pursuant to Decree No. 132/2008/ND-CP dated
December 31, 2008 by the Government elaborating a number of Articles of the Law
on Products and Goods Quality;
Pursuant to Decree No. 116/2017/ND-CP dated
October 17, 2017 of the Government on the conditions for manufacture, assembly,
import and trade of automobile warranty and maintenance services;
Pursuant to Decree No. 12/2017/ND-CP dated
February 10, 2017 of the Government on functions, tasks, powers, and
organizational structure of the Ministry of Transport;
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The Minister of Transport promulgates Circular
on technical safety and environmental safety inspection in automobile
production and assembly.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular prescribes
the technical safety and environmental safety inspection of automobile
domestically manufactured and assembled as specified in Decree No. 116/2017/ND-CP
dated October 17, 2017 of the Government on the conditions for manufacture,
assembly, import and trade of automobile warranty and maintenance services
(hereinafter referred to as “Decree 116”) and automotive components.
2. This Circular does not
apply to automobiles domestically manufactured and assembled as specified in
Point a Clause 2 Article 2 of Circular 116.
Article 2. Regulated entities
This Circular applies to automobile manufacturing
facilities, assembly lines, automotive component manufacturing facilities or
importers and other organizations and agencies in connection with the
automobile and automotive component management, examination and testing.
Article 3. Term interpretation
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1. "Parts” are
engine, chassis, cabin, body, cargo container or specialized equipment
installed on the automobile;
2. ”Systems" are
the transmission system, dynamic system, suspension system, brake system,
steering system, fuel systems, electric system, light and indicator system;
3. ”Components” are the
parts, systems and pieces of automobile;
4. ”Products” are
components or automobile;
5. ”Automobiles of the same
type” are products with the same features as prescribed in Appendix I
issued together with this Circular;
6. “Type approval” is
the process of inspecting, testing, considering and assessing the conformity of
one type of products based on the technical regulations, standards and current
provisions of the Minister of Transport on technical safety and environmental
safety quality;
7. “Representative samples”
are products selected by the manufacturing facilities or quality control
agencies to perform inspections and tests;
8. “Manufacturing
facilities” are components manufacturing facilities qualified according to
current provisions or automobile manufacturing facilities and assembly lines
qualified for manufacturing and assembling as specified in Decree 116;
9. “Designing facilities”
are enterprises established as specified by regulations and law.
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11. “Testing facilities” are
organizations which test the components or automobiles as per law;
12. “Technically defective
products” are products containing defects during design, manufacturing
processes and assembly that possibly endanger the users’ lives and property as
well as negatively affect the community’s environment and safety ;
13. “Risk management” is
the systematic application of law provisions, procedures and professional
measures to identify, assess and classify the risks that possibly affect the
product quality of the manufacturing facilities which lead to the necessary
management measures taken by quality control agencies;
14. “Online registration
procedures” are the declaration, acquisition, process of registered
information, exchange of information relating registering procedures between
relevant parties performed via online register data processing system;
15. “Online registration
data processing system” is the information system under the management of
quality control agencies for online registration procedures;
16. “Online registration
system” is the information system via which the producing or import
facilities can declare and receive information and feedback of the quality
control agencies during the implementation of online registration procedures;
17. “Online product
registration record” is a kind of digital document consisting of a collection
of information declared by the manufacturing or import facilities;
18. “Online operational
accidents” are cases in which the system processing online registered data
or the system for online registration fails to perform online tasks due to
objective cause.
Chapter II
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Article 4. Automobile design
dossier
1. Automobile design dossier
consists of:
a) Application form for automobile design appraisal
specified in Appendix XI issued together with this Circular;
b) The explanation of technical design and
technical drawing specified in Appendix II issued together with this Circular;
c) The copies of the specification and technical
features of the parts and systems relating to the calculation content.
2. For automobiles
domestically manufactured and assembled under the foreign designs and
trademarks, the manufacturing facilities are exempted from making design
dossier specified in Clause1 of this Article if the following documents are
provided:
a) The copy of the automobile technical drawing
must be verified by the technology transferring party and display the following
information: the automobile general arrangement; the automobile basic
dimensions; the arrangement and space for seats, beds; positions and space for
lights, rear-view mirrors; the width of the whole cabin and dimension of the
cargo container (applies to containers); dimension and positions of main doors,
emergency exit doors, entrance doors, walkways; dimensions and positions of the
cargo compartment (applies to coaches);
b) The copies of the specifications and basic
features of the domestically manufactured, assembled automobiles verified and
provided by the technology transferring party;
c) The copy of the Type approval certificate s
verified by the technology transferring party and provided by the overseas
competent authorities.
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1. The automobile design
dossiers must be appraised by the quality control agencies.
2. Implementation order and
methods:
a) The designing facilities must compile the
automobile design dossiers specified in Clause 1 Article 4 of this Circular and
apply either directly, via post office, website or any means to the quality
control agencies. If the dossiers are in written form, the designing facilities
must submit 02 sets of dossier (03 sets if the designing facility is separate
from the manufacturing facility);
b) The quality control agencies receive and inspect
the dossiers composition. If the dossiers are not completed as per law, the
quality control agencies will return the directly submitted dossier within the
working day or dossier submitted by any other means within 02 working days from
the date of receiving the dossiers, and will instruct the designing facilities
to complete the dossiers. If the dossiers are completed, the quality control
agencies will receive and appraise the dossier;
c) The quality control agencies must compare the
contents of the automobile design dossiers with current technical regulations
and standards of the Minister of Transport on technical safety and
environmental safety of automobile within 10 days. If the design dossiers are
satisfactory, the quality control agencies shall issue the Design appraisal
certificates according to the form specified in Appendix III issued together
with this Circular;
If the automobile design dossiers contain
unsatisfactory contents, the quality control agencies will issue notices about
the unsatisfactory contents so that the designing facilities will amend as per
law. The designing facilities must complete the design dossiers within 30 days
from the date of notice issuance. Upon expiry of the mentioned time limit, the
quality control agencies will cease the design dossier appraisal. In the event
the automobile design dossier appraisal is ceased, the designing facilities
will have to register again from the beginning;
d) The designing facilities will receive the
appraising results consist of: Design appraisal certificates, 01 explanation record
of technical design and technical drawings of the appraised design (02
explanation records if the designing facilities are separate from the
manufacturing facilities) directly at the office of the quality control
agencies, via post office or any other suitable means.
3. Design dossiers reappraisal
The designing facilities shall compile 01 set of
dossier as specified in Clause 1 Article 4 relating to the changed contents of
the design dossiers and submit to the quality control agencies for reappraisal
in the following cases:
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b) There are changes in the technical standards and
regulations except when the Type approval certificate of this product type has
been issued and is still valid.
4. The designing facilities
must compile new design dossiers if the amended contents fail to satisfy the
requirements of products of the same type specified in Appendix I issued
together with this Circular.
Article 6. Testing
representative samples
1. The manufacturing
facilities must send the representative samples to the testing facilities. The
criteria and subjects required to be tested and examined are specified in
Appendix IV issued together with this Circular.
2. The testing facilities rely
on the quality, standards and regulations specified in relevant legislative
documents to instruct the manufacturing, import facilities to provide documents
necessary for testing and examination.
3. The testing facilities
conduct the test on representative samples according to the current technical
regulations and standards of the Minister of Transport; then compile reports on
the test results. The testing reports are valid within 36 months from the date
of registering the Type approval certificate s.
Article 7. Application for the
Type approval certificate
1. The application for Type
approval certificate s which applies to components subject to tests,
examinations and certification specified in Appendix IV issued together with
this Circular includes:
a) The Type approval certificate s application form
specified in Appendix XI issued together with this Circular;
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c) The copy of the report on component testing
results according to respective National Technical Regulation in Vietnam;
d) The copy of the technical drawing bearing
technical specification; the legends for symbols, letters and numbers imprinted
on the products (if any);
dd) The copy of the import goods declaration if the
certification is issued based on the import goods declaration.
2. The automobile Type
approval certificate s application includes:
a) The Type approval certificate s application form
specified in Appendix XI issued together with this Circular;
b) A specification of the automobiles domestically
manufactured, assembled by model as specified in Appendix V issued together
with this Circular attached with pictures of the entirety of the automobiles,
pictures of the notable equipments (if any).
c) A copy of the report on technical safety and
environmental safety inspection results according to current the quality,
standards and National Technical Regulation apply to automobiles in Vietnam
The report on engine exhaust inspection will be
exempt if any of the following documents is provided: a verified copy of the
confirmation provided by the foreign engine manufacturer together with
documents relating the results of imported engine’s exhaust conformance
verification under the terms and conditions of the agreements of countries and
territories which Vietnam has signed regarding mutual recognition in motor
vehicle verification; a verified copy of the confirmation provided by the
foreign engine manufacturer’s legal representative in Vietnam together with a
copy of the valid Engine emission Type approval certificate s issued by the
quality control agency; a copy of the valid Engine emission Type approval
certificate s issued by the quality control agency if the engine is
manufactured and assembled by domestic engine manufacturing facility, and
transferred to the automobile manufacturing and assembling facility.
d) A copy of the Design appraisal certificates, an
explanation of technical design and technical drawing of the design dossier
appraised by the quality control agency or substitutions specified in Clause 2
Article 4 of this Circular;
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e) A copy of the explanation of the chassis and
engine imprinting methods and positions.
Article 8. Ensuring products
quality in manufacturing processes and assembly
1. The manufacturing
facilities must apply the quality control system to guarantee that the quality
of manufacture, assembly and finished products meets all of the provisions,
technical standards and regulations. The application of quality control system
shall be implemented via the procedures for manufacture and assembly
instruction, procedures for professional quality and conformance tests of
product types instruction from component testing, quality control in each stage
to finished product quality control; the procedures for rectification and
prevention of product defects; the procedures for archiving the documents and
managing the product quality inspection dossier.
2. The quality control
agencies shall assess the Conformity of Production (COP) based on the following
methods:
a) First-time assessment shall be carried
out upon the issuance of the Type approval certificate of product type based on
the categories specified in the IATF 16949 standards “Quality management
requirements for organizations and components relating services in the
automotive industry”. To be specific:
Assess the adequacy of procedures specified in
Clause 1 of this Article; assess the actual operation of the quality control
system in manufacture, assembly and product quality control; the traceability
materials, components, date of manufacture, finishing date;
Assess the operation status, the accuracy and
conformity with the manufactured product type of the testing equipments in each
manufacturing phase and perform finishing quality control as specified in
Appendix VII issued together with this Circular;
Assess the product quality control and the
capability to use the assigned quality testing equipments of the technicians;
the performance of the technicians jointly in charge of automobile finishing
quality control.
b) Follow-up assessment shall be carried out
to assess the implementation and maintaining of quality control of the
manufacturing facilities; during these assessment periods, the quality control
agencies will collect random samples to assess the archive of dossier,
documents relating to the products and the conformity of the finishing products
compare to the Type approval certificate application. The time for follow-up
assessment periods of component manufacturing facilities will be 36 months; of
automobile manufacturing and assembling facilities will be determined based on
the basis of risk management application in quality control of manufactured and
assembled products specified in Article 14 and Appendix X issued together with
this Circular.
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a) The COP assessment whose methods specified in
Point a Clause 2 of this Article;
b) Exemption from COP assessment in the following
periods if the manufacturing facilities present papers bearing the unexpired
COP assessment results which are in conformance with the ECE, EC regulations
conducted by the overseas regulatory authorities or independent assessment
organizations authorized by the overseas regulatory authorities.
4. The COP assessment will not
be carried out when:
a) The type of products is manufactured and
assembled in accordance with the technology and inspection procedures which
have not undergone any basic changes or simplification compare to the
technology and inspection procedures of the previously assessed product type;
b) The type of imported components is registered
for verification based on the import declaration.
Article 9. Issuance of Type
approval certificate
1. The procedures of issuing
the Type approval certificate of product type (hereinafter referred to as
“Certificate") are as follows:
a) The component manufacturing and import facilities
(hereinafter referred to as “enterprises”) compile 01 set of application for
certifying type approval (hereinafter referred to as “certificate application”)
as specified in Clause 1 or Clause 2 Article 7 of this Circular and submit
directly, via post office, via websites or any other means to the quality
control agencies;
b) The quality control agencies receive and inspect
the composition of the certificate application. If the application is not
completed as per law, the quality control agency will return the directly
submitted application within the working day or application submitted by any
other means within 02 working days from the date of receiving the application,
and will instruct the enterprises to complete the application.
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d) The quality control agencies shall issue the
Certificate according to the form specified in Appendix VIII issued together
with this Circular within 03 working days from the day on which the application
is satisfactory to regulations and law, and has adequate COP assessment
results;
dd) The enterprises shall receive the Certificate
directly at the office of the quality control agencies, via post office or any
other suitable means.
2. If the imported components
are registered for verification based on the import declaration, the
Certificate for imported components type only applies to components of the same
type in the same import declaration.
Article 10. Regulations on mass
manufacture and assembly
1. The manufacturing
facilities must inspect the release quality for each mass manufactured products
(hereinafter referred to as “release inspection”), ensure that the products are
up to technical standards and regulations, in conformance with the application
for type approval certification and representative samples after the product
type has been granted the Certificate.
2. The manufacturing
facilities must ensure the origins and quality of finishing products and label
the products as per law. The release of automobiles are only allowed when the
Certificate for components subject to examinations, tests and verification
specified to Appendix IV issued together with this Circular is still effective.
3. The assembling facilities must
not use the chassis or engine whose stamped numbers are erased, punched,
altered or restamped to assemble automobiles. If the domestically stamped
chassis numbers (VIN) or engine numbers of an automobile are defective,
difficult to read or damaged (stamping fault), the manufacturing facilities
must restamp the VIN or engine numbers and send notices to the quality control
agencies informing the cause and solutions. The notices must contain: the
restamped VIN or engine numbers; the restamping position; pictures displaying
clearly the faultily stamped numbers, the faultily stamped numbers have been
nullified with an “X”, numbers after being restamped; pictures displaying the
correlation between the old and the new numbers.
4. The manufacturing
facilities must compile and provide each released automobile 01 set of
documents consists of:
a) Release quality inspection record (hereinafter
referred to as “Release record”) as specified in Appendix IX issued together
with this Circular. The release record must be signed and stamped by the
competent person (the heads, deputies or direct subordinates authorized by
paper of the heads of manufacturing facilities);
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c) The product warrant numbers or warrantee in
Vietnamese which displays the duration and conditions for guarantee, the
frequency and contents of maintenance works and addresses of maintenance
facilities that meet the requirements of regulations and law.
5. The manufacturing
facilities only grant the release record for automobiles which have satisfied
the release inspection.
6. For facilities which have
violated provisions specified in Clause 1 Article 13 of this Circular, apart
from being suspended from releasing product type as per law, the manufacturing
facilities can only be granted release record for automobiles of the type that
has not violated after the release self—inspection results are sent to the
quality control agencies until the suspension is lifted as specified in Clause
3 Article 13 of this Circular.
7. The quality control
agencies shall decide to form inspectorates and perform irregular inspection on
manufacturing facilities regarding the compliance with provisions specified in
this Circular when:
a) There are well-grounded reflections, complaints
relating to product quality for trade;
b) Requested by the regulatory authorities;
c) If the inspections suggest the manufacturing
facilities violate any of the provisions on maintaining the product quality and
quality control; the released products fail to meet the quality or the quality
is not in conformance with the Type approval certificate application and the
representative samples which were verified; issuance of Release record are not
in compliance with regulations and law or violating other provisions specified
in this Circular, the quality control agencies must consider provisions
specified in Article 13 of this Circular and take the respective risk
management measures specified Article 14 and Appendix X issued together with
this Circular.
8. The manufacturing
facilities must report and inform the quality inspection agencies about the
released automobiles.
Article 11. Reissue the
Certificate of Type approval
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2. The reissuance application
consists of:
a) Application form specified in Appendix XI issued
together with this Circular;
b) Documents specified in Clause 1 or Clause 2
Article 7 of this Circular of the previous Certificate expired. The submission
of documents will be exempt if there are no changes to the documents in the
original Type approval certificate registration which has been granted the
Certificate.
3. The procedures:
a) The enterprises compile 01 set of documents as
specified in Clause 2 of this Article, send directly, via post office, via
websites or any other suitable means to the quality control agencies;
b) The quality control agencies receive and inspect
the dossiers composition. If the application is not completed as per law, the
quality control agency will return the directly submitted application within
the working day or application submitted by any other means within 02 working
days from the date of receiving the application, and will instruct the
enterprises to complete the application.
c) The quality control agencies shall inspect the
contents of the documents. If the documents are satisfactory and have
conformable COP assessment results, the quality control agencies shall reissue
the Certificate within 02 working days if the previous Certificate is lost,
damaged or its information relating the names and addresses of the enterprises
on the Certificate is amended; or within 03 working days if the previous
Certificate expired.
If the previous Certificate expired, in order to
reissue the Certificate, the quality control agencies must collect samples
randomly in the manufactured, assembled or imported batch for testing based on
respective regulations, technical standards and regulations in Vietnam.
4. The effective period of the
reissued Certificate due to loss, damage or amendment to information relating
names and addresses of the enterprises shall be the effective period of the
previously issued Certificate.
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1. The extension of the
Certificate or amendment to the registration certificate for type approval
registration shall be implemented when the product type previously issued with
the expired Certificate is changed relative to the certificate of type approval
documents but still guarantees the requirements for products of the same type
specified in Appendix I issued together with this Circular. To be specific:
a) The extended Certificate shall be issued if the
product type whose changes specified in Clause 3 Appendix I issued together
with this Circular influence the technical safety and environmental safety of
the product relative to the technical standards and regulations or changes
alter the technical data printed on the previously issued Certificate;
b) The amended certificate for type approval
registration shall be issued if the product’s changes are not specified in
Point a of this Clause.
2. The application for
Certificate extension or amendment when the product changes relative to the
product type must include:
a) The application form specified in Appendix XI
issued together with this Circular, documents regarding the product’s changes;
b) The results of supplementary test report on
technical safety and environmental safety requirements specified in technical
standards and regulations, and regulations relating the product’s changed
categories in Vietnam;
The test will be exempt if the product’s changes
cover the aesthetic and convenience aspects but not the technical safety and
environmental safety specifications which the issuance of the Certificate is
based on.
3. The procedures:
a) The enterprises compile 01 set of documents as
specified in Clause 2 of this Article, send directly, via post office, via
websites or any other suitable means to the quality control agencies;
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c) The quality control agencies shall inspect the
application contents, if the contents are satisfactory, valid and conformable
according to the COP assessment results, the quality control agencies shall
issued the extended Certificate within 03 working days from the day on which
they receive the valid application. In the case of registration amendment,
changes must be recorded and added to the previously issued certificate for
type approval registration. The quality control agencies must inform the
enterprises about the unsatisfactory contents to complete the registration.
4. The effective period of the
extended Certificate shall be the effective period of the previously issued
Certificate for automobile type.
Article 13. Suspension of
product type release and revocation of issued Certificate for product type
1. Suspension of product type release
The quality control agencies must request the
manufacturing facilities to suspend the manufacturing processes of product
types if:
a) The manufacturing facilities: fail to maintain
the product quality control as per law; fail to carry out the release
inspection as per law; fail to ensure the conformance of the released products
to the certificate for type approval registration and the verified
representative samples of the product type; fail to issue the Release record as
per law;
b) Failure to recall technically defective products
as specified in Chapter III of this Circular;
c) The manufacturing facilities deliberately erase,
punch or alter the numbers of the chassis or engine without reporting to the
quality control agencies;
2. Suspension of the release
of every product type
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a) The manufacturing facilities violate the cases
specified in Point a, b, c, d Clause 1 of this Article on many product types.
b) The certificate of eligibility to manufacture
and assemble automobiles of the manufacturing facilities is suspended or
revoked as per law.
3. Cancelling the product
release suspension:
The quality control agencies shall cancel the
release suspension and inform the manufacturing facilities after the
manufacturing facilities have fully rectified their violations.
4. The Certificate revocation
The Certificate will be revoked if:
a) The manufacturing facilities dissolve, go
bankrupt as per law.
b) The manufacturing facilities fabricate documents
in the certificate for type approval registration;
c) The manufacturing facilities fail to rectify
their violations within 06 months from the date the Certificate is suspended as
specified in Clause 1, Clause 2 of this Article.
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Article 14. Risk management
1. The quality control
agencies shall depend on the assessment categories of risk levels to classify
the enterprises, take respective management measures as elaborated in Appendix
X issued together with this Circular and publicize on the websites of the quality
control agencies.
2. If there are any changes
relating the classification, the quality control agencies must inform the
enterprises on paper so that the enterprises shall publicize on websites of the
quality control agencies.
Chapter III
PROVISIONS
ON RECALLING TECHNICALLY DEFECTIVE PRODUCTS
Article 15. Products that must
be recalled
1. The enterprises must recall technically
defective products that they manufactured or assembled when:
a) The products violate the obligatory regulations,
technical standards and regulations apply to the respective products;
b) The products endanger lives and property due to
technical defects in design and manufacture.
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2. For products whose
technical defects are not specified above, the manufacturing facilities must
actively rectify the products' defects.
Article 16. Recalling products
1. Recall by manufacturers
If the distributed products whose technical defects
require them to be recalled, the enterprises must actively:
a) cease the factory release of the products in the
defective type;
b) inform the sale agencies to cease the
distribution of technically defective products on paper within 05 working days
from the day on which the defects are found;
c) send to the quality control agencies the reports
on the cause of the technical defects, rectifying measures, number of products
need to be recalled and appropriate plans to recall within 14 days from the day
on which the defective products is found to be subjected to recall;
d) publicize the plans to recall on mass media;
dd) send to the quality control the reports on the
results of recalling within 30 days after the recall ends;
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2. Recall at the request of
the quality control agencies
Upon discovering the products that the enterprises
have distributed are technically defective and have to be recalled, the quality
control agencies shall rely on the current regulations, technical standards and
regulations, information and investigation results (can be presented to the
specialists to assess the risk levels of the defective products if necessary)
to consider and:
a) request the manufacturing facilities to suspend
the release of technically defective product type and inform the quality
control agencies about information relating to technically defective products
that have to be recalled;
b) request the manufacturing facilities to recall the
products as specified in Clause 1 of this Article based on the levels of risk
and emergency of the technically defective products.
Chapter IV
RESPONSIBILITIES
OF RELEVANT AGENCIES AND ORGANIZATIONS
Article 17. Responsibilities
of quality control agencies
1. Implement the provisions of
this Circular.
2. Unify the publishing and
management of the use of Certificate and Release record template.
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4. Issue the templates for
monthly, quarterly release record for product types of the manufacturing
facilities.
5. Request experts to assess
the defect risk levels of the technically defective products to make necessary
and timely decisions.
6. Inform the police
authorities upon receiving the report about the loss of Release record of the
manufacturing facilities; inform the customs authorities of the import
provinces when there are reasonable grounds to believe that the domestically
manufactured or assembled automobiles using knock-down kits whose chassis or
engine numbers stamped overseas are erased, punched, altered or restamped.
7. Collect fees and charges as
per law.
Article 18. Responsibilities
of testing facilities
1. The testing facilities are
responsible for the testing of technical safety of automobiles and automotive
components, automobile exhaust or engine according to the current regulations
at the request of the manufacturing, import facilities; responsible for the
results of the conducted testing and examination. The testing facilities will
not be responsible for the damage of the sample during the test due to force
majeure events as per law.
2. Implement and instruct the
manufacturing, import facilities to prepare documents and representative
samples to test as per law.
3. Collect testing and
examination fees and charges as per law.
4. Archive the results and
documents relating the test for at least 03 years from the date on which the
reports on test results are submitted.
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1. Be legally responsible for
the legality, truthfulness and accuracy of testified information and submitted
documents; comply with regulations and decisions to test of regulatory
authorities.
2. Be responsible for the
origins of the products and components used for automobile manufacturing
processes and assembly; archive information relating products and components to
trace their origins and recall the products.
3. Be legally responsible for
violation relating intellectual property rights.
4. If the online operational
accidents occur to the online registration system, the designing, manufacturing
or import facilities must inform the quality control agencies to collaborate
and tackle the situation.
5. Maintain the quality
control system to ensure the product quality as specified in Article 8 of this
Circular.
6. Archive the counterfoils of
the Release record, certificate for type approval registration for at least 03
years from the date of product release. Upon dispose this documents, the
manufacturing facilities must ensure the traceability of information to assist
the product recall.
7. Manage, use the templates
of release record in accordance with regulations and law, and send the data of released
automobiles (numbers of the Certificate, chassis numbers, engine numbers,
numbers of the Release record, and date of release) to the quality control
agencies within the next 05 working days after utilizing the templates. If the
Release record is lost, the manufacturing facilities must notify the quality
control agencies and will only be issued a substituting Release record after 30
days from the date of giving notifications.
8. The components
manufacturing, import facilities are responsible for recalling technically
defective products as specified in this Circular; inform the agencies, service
stations and customers the necessary information relating the recall; fully
report the information relating the defects of the technically defective
products to the quality control agencies, provide necessary information
relating the products, the results and progress of product recall at request.
9. Archive the certificate for
type approval registration, documents relating the product quality assurance
for a minimum of 05 years from the date of ceasing the production or import of
product type.
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11. Be responsible for paying fees
and charges relating the design appraisal, testing, examination or verification
of technically defective products as per law.
Chapter V
ENTRY
INTO FORCE AND IMPLEMENTATION
Article 20. Entry into force
1. This Circular comes into
force from August 25, 2019.
2. For domestically
manufactured and assembled automobiles that are not mentioned in the scope of
this Circular, conduct technical safety and environmental safety quality
inspection as specified in Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of
the Minister of Transport on the technical safety and environmental safety
quality inspection in motor vehicle manufacturing processes and assembly and
Circular No. 54/2014/TT-BGTVT date October 20, 2014 of the Minister of
Transport on amendments to a number of Articles of Circular No.
30/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on the
technical safety and environmental safety quality inspection in motor vehicle
manufacturing processes and assembly.
3. When the national technical
standards and regulations relating verified product type are changed, the
manufacturing facilities are still allowed to manufacture, assemble, release
and import until the Certificate expires.
4. If the legislative
documents extracted in this Circular are approved for amendments or superseded
by other legislative document, the new documents will apply.
Article 21. Transition clauses
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2. The Release record issued
for automobiles before this Circular comes into force and the Release record
issued for automobiles as specified in Clause 1 of this Article are still valid
for registration.
Article 22. Implementation
The Chief of the Ministry Office, the ministerial
Chief Inspectors, the directors, the directors of the Vietnam Register, heads
of agencies, relevant organizations and individuals are responsible for the
implementation of this Circular./.
PP. Minister
Deputy minister
Le Dinh Tho