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MINISTRY OF
TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
48/2022/TT-BGTVT
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Hanoi, December
30, 2022
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CIRCULAR
PROVIDING
INSTRUCTIONS FOR ENERGY LABELLING FOR ELECTRIC OR HYBRID ELECTRIC CARS,
MOTORCYCLES AND MOPEDS
Pursuant to the Law on Efficient Use of Energy
dated June 17, 2010;
Pursuant to the Government’s Decree No.
21/2011/ND-CP dated March 29, 2011, elaborating on and providing measures for
implementation of the Law on Efficient Use of Energy;
Pursuant to the Prime Minister’s Decision No.
04/2017/QD-TTg dated March 9, 2017, providing for the list of vehicles and
equipment subject to regulatory requirements concerning energy labeling,
application of the minimum energy efficiency ratio and the plan for
implementation thereof;
Pursuant to the Government’s Decree No.
56/2022/ND-CP dated August 24, 2022 on the functions, duties, powers and
organizational structure of the Ministry of Transport;
Upon the request of the Director of the
Department of Science, Technology and Environment, and the Director of the
Vietnam Register;
The Minister of Transport promulgates the
Circular setting down instructions for energy labeling for electric or hybrid
electric cars, motorcycles and mopeds.
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GENERAL INSTRUCTIONS
Article 1. Scope
1. This Circular provides instructions about energy
labeling for electric or hybrid electric 9-seater (including driver) cars
(shortly called car(s)), motorcycles or mopeds, including hybrid electric cars,
pure electric cars, hybrid electric motorcycles, pure electric motorcycles,
pure electric mopeds (hereinafter collectively referred to as vehicle(s)),
which are manufactured or assembled from separate parts; completely brand-new;
or imported as new ones.
2. This Circular shall not apply to the following:
a) Manufactured, assembled or imported vehicles directly
used for national defence and security purposes by the Ministry of National
Defense and the Ministry of Public Security;
b) Vehicles temporarily imported for re-export;
vehicles in international transit or in the entrepot trade; diplomatic or consular
vehicles;
c) Vehicles whose structures and technologies are
not responding to domestic tests;
d) Vehicles imported for non-commercial purposes;
dd) Vehicles imported according to the Prime
Minister’s particular regulations;
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Article 2. Subjects
This Circular shall apply to vehicle manufacturing
or assembling plants; vehicle importing entities or persons; institutions,
entities or persons involved in energy labeling for vehicles.
Article 3. Definitions
For the purposes of this Circular, terms used
herein shall be construed as follows:
1. Electric power train is a system consisting of
one or more electrical energy storage devices (e.g. accumulators, batteries,
electromechanical flywheels or supercapacitors); one or more power stabilizers;
one or more electrical devices used to convert stored electrical energy into
mechanical energy which is transmitted to the wheels as the driving force for a
vehicle to move.
2. Hybrid electric power train is a drive system
that consumes energy from both energy sources stored in a vehicle as follows:
a) Fuel;
b) Electrical energy storage device.
3. Pure electric vehicle (PEV) is a vehicle driven
by an electric power train.
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5. Off-Vehicle (Off-board) charging hybrid electric
vehicle (OVC-HEV) is a hybrid electric vehicle that can be recharged by
plugging into an external source of electricity.
6. Not off-vehicle (off-board) charging hybrid
electric vehicle (NOVC-HEV) is a hybrid electric vehicle that cannot be
recharged by an external source of electricity.
7. Maximum 30 minutes power is as defined in point
2.5 of Article 2 of TCVN 9725:2013 - Road vehicles - Measurement of the net
power of internal combustion engines and the maximum 30 minutes power of
electric drive/power trains - Requirements and test methods in type approval.
8. Maximum 30 minutes speed is the average value of
the maximum speed set by the manufacturer that the vehicle can maintain for 30
minutes.
9. Energy consumption label of a vehicle
(hereinafter referred to as energy label) is a label describing information
relating to types of fuel used, energy consumption levels and relevant
information of the following vehicles:
a) For pure electric cars, pure electric
motorcycles and pure electric mopeds: Electricity consumption;
b) For off-board charging hybrid electric cars and
motorcycles: Types of fuel used, fuel consumption, electricity consumption;
c) For not off-board charging hybrid electric
motorcycles: Types of fuel used, fuel consumption.
10. Energy consumption of a vehicle is defined as
follows:
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b) For off-board charging hybrid electric cars and
motorcycles: Amount of fuel and power used by a vehicle over a distance
travelled, corresponding to the specified test cycle and conditions;
c) For not off-board charging hybrid electric
motorcycles: Amount of fuel used by a vehicle over a distance travelled,
corresponding to the specified test cycle and conditions.
11. Quality control body is the Vietnam Register
directly under the Ministry of Transport.
12. Manufacturing and assembling plant is an entity
specializing in manufacturing and assembling vehicles (hereinafter referred to
as assembly plant) which is established and operates under laws.
13. Importing entity is an entity importing
vehicles (hereinafter referred to as importer).
14. Vehicle business is a legal or natural person
selling and distributing vehicles into the market.
15. Facility or laboratory testing energy
consumption of vehicles (hereinafter referred to as test facility) is a
specialized testing entity that conforms to the requirements specified in
Article 5 in the Government’s Decree No. 107/2016/ND-CP dated July 1, 2016,
prescribing licensing requirements for conformity assessment services, or has
been accredited according to the standards of Vietnam Laboratory Accreditation
Scheme (VILAS) or by accreditation organizations already entering into mutual
recognition agreements (e.g. International Laboratory Accreditation Cooperation
(ILAC), Asia Pacific Laboratory Accreditation Cooperation (APLAC)).
Article 4. General instructions
1. Vehicles of the same type
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b) For hybrid electric motorcycles and pure
electric motorcycles, vehicles of the same type are defined as vehicles having
the same basic features, including: those vehicles that are owned by the same
industrial owner; share the same trademark, design and technical
specifications; are manufactured by the same production line; whose equivalent
inertial mass is determined according to the corresponding standard mass shown
in Table D.12-4 of TCVN 13062:2020, even including the characteristics of
vehicles and engines specified in Appendix V hereto;
c) For pure electric mopeds, vehicles of the same
type are defined as the vehicles having the same basic features, including:
those vehicles that are owned by the same industrial owner; share the same
trademark, design and technical specifications; are manufactured by the same
production line; whose equivalent inertial mass is determined according to the corresponding
standard mass shown in Table 3 of point 3.7.1 of Article 3 in QCVN
04:2009/BGTVT - National technical regulation on emission of gaseous pollutants
from assembled or manufactured motorcycles and mopeds; motorcycles and mopeds
imported as new ones, released with consent from the Minister of Transport,
even including the characteristics of vehicles and engines specified in
Appendix V hereto.
2. After submitting the completed Publication Form
of energy consumption as referred to in Appendix II or Appendix III hereto to
the quality control body, assembly plants or importers shall attach energy
labels to each vehicle before making them available for sale. Energy labels
must stay attached to vehicles until assembly plants, importers and businesses deliver
these vehicles to their customers.
3. For not off-vehicle charging hybrid electric
cars, the energy labeling shall be as prescribed in the Joint Circular No.
43/2014/TTLT-BGTVT-BCT dated September 24, 2014 of the Minister of Transport,
and the Minister of Industry and Trade, stipulating the energy labeling for
7-seater cars, or the Circular No. 40/2017/TT-BGTVT dated November 9, 2017 of
the Minister of Transport, stipulating the energy labeling for passenger 7-9
seater cars.
Chapter II
INSTRUCTIONS ABOUT TEST METHODS
Article 5. Instructions about test methods for
pure electric cars and hybrid electric cars
1. Main information and specifications of vehicles
provided by assembly plants or importers shall be as follows:
a) For pure electric cars: As defined in Appendix
IV hereto;
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2. Test methods
a) For pure electric cars:
Measurement of power consumption shall be conducted
according to the test method and cycle specified in Appendix E of TCVN
7792:2015.
b) For off-vehicle charging hybrid electric cars
Measurement of fuel and power consumption shall be
conducted according to the test method and cycle specified in Appendix F of
TCVN 7792:2015. Fuel consumption of OVC – HEV is calculated according to
Appendix I hereto. Value of distance travelled to consume power which is used
for calculating fuel consumption and power consumption is sourced from the
documents provided by manufacturers, or measured according to the process
specified in Appendix G to TCVN 7792: 2015.
Measurement of energy consumption of a vehicle
shall be conducted independently or in combination with the test of gaseous
pollutants. In the latter case, the value of fuel consumption is calculated as
stated in point D.1.4.3 of Appendix D to TCVN 7792:2015 by the carbon balance
method using results of measured CO2 emission and other related carbon
emissions (e.g. CO and HC).
c) Assembly plants or importers may apply any of
the test methods pursuant to the Regulations of the European Commission
(EC)/United Nations Economic Commission for Europe (ECE) or the U.S.
Environmental Protection Agency (EPA) instead of the test method specified in
TCVN 7792:2015 to measure energy consumption for the above vehicles.
3. Units of measure and methods for rounding of
energy consumption measures
a) Units of measure of fuel consumption may be one
of the followings: liters (l)/100 kilometers (km) for gasoline, LPG, ethanol
(E85) and diesel fuel; cubic meters (m3)/100 kilometers (km) for
natural gas (NG/biomethane and H2NG); kilograms (kg)/100 kilometers
(km) for hydrogen fuel. Fuel consumption measure shall be rounded to its
nearest hundredth.
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Article 6. Instructions about test methods for
pure electric cars, pure electric motorcycles and hybrid electric motorcycles
1. Main information and specifications of vehicles
provided by assembly plants or importers shall be as defined in Appendix V
hereto.
2. Test methods
a) For pure electric mopeds
Measurement of power consumption shall be conducted
according to the test method specified in Article 7 of TCVN 12776-1:2020, and
the test cycle specified in Appendix A to TCVN 12776-1:2020.
b) For pure electric motorcycles
Measurement of power consumption shall be conducted
according to either of the following methods: The test method specified in
Article 7 of TCVN 12776-1:2020 with the test cycle specified in Appendix B to
TCVN 12776-1:2020, or the test method specified in Appendix G.2 to TCVN
13062:2020.
c) For hybrid electric motorcycles
Measurement of fuel and power consumption shall be
conducted according to the test method and cycle specified in Appendix G.3 to
TCVN 13062:2020. Value of distance travelled to consume power which is used for
calculating fuel consumption and power consumption is sourced from the documents
provided by manufacturers, or measured according to the process specified in
Appendix G.6 to TCVN 13062:2020.
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d) Assembly plants or importers may apply any of
the test methods pursuant to the Regulations of the European Commission
(EC)/United Nations Economic Commission for Europe (ECE) or the U.S.
Environmental Protection Agency (EPA) instead of the test method specified in TCVN
12776-1:2020 or TCVN 13062:2020 to measure energy consumption for the above
vehicles.
3. Units of measure and methods for rounding of
energy consumption measures shall be as defined in clause 3 of Article 5
herein.
Article 7. Content of the energy consumption
test report
1. The test method and cycle specified in the
energy consumption test report shall follow the instructions set down in
Article 5 or 6 of this Circular.
2. The content of each energy consumption test
report issued by a test facility to the tested vehicle shall be as defined in
Appendix VI and VII hereto. For vehicles to which assembly plants or importers
apply the test methods specified in point c of clause 2 of Article 5 or point d
of clause 2 of Article 6, the test report tailored for the applied test method
shall be used.
Chapter III
DISCLOSURE OF INFORMATION ABOUT ENERGY CONSUMPTION,
ENERGY LABELING, INSPECTION AND SUPERVISION OF ENERGY LABELING
Article 8. Disclosure of information about
energy consumption
1. Assembly plants and importers shall be required
to disclose information about energy consumption of vehicles before energy
labeling.
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3. For the types of manufactured or assembled or
imported vehicles that are determined to be the same as the ones of which energy
consumption is disclosed, assembly plants and importers may use the disclosed
values of energy consumption to obtain registration without needing any energy
consumption retest.
4. Disclosure of information relating to energy
consumption shall be carried out in either of the following methods:
a) Sending the Publication of energy consumption of
the type/model of vehicle to the quality control body in order for it to be
posted on its website;
b) Posting energy consumption measures on the
websites of vehicle assembly plants, importers and businesses (if any).
5. Disclosed information shall remain available for
public access during the period of offer of vehicle types or models for sale in
the market.
Article 9. Energy labeling
1. Assembly plants and importers are allowed to
freely print energy labels by using the template of energy label approved by
the Ministry of Industry and Trade.
2. For vehicles using the same energy consumption
test report, assembly plants and importers may print information on the same
energy label.
3. Energy label placement
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b) For pure electric mopeds, pure electric
motorcycles and hybrid electric motorcycles: An energy label shall be attached
to a visible position.
Article 10. Re-disclosure of information about
fuel consumption and energy re-labeling
1. Assembly plants and importers shall be required
to re-test and re-disclose information about energy consumption and affix
energy labels in one of the following cases:
a) Incorrect information about energy consumption
has been disclosed;
b) Results of the inspection and supervision
conducted under the instructions given in Article 11 establish that the actual
energy consumption exceeds 4% of the energy consumption disclosed by assembly
plants or importers.
2. Assembly plants or importers shall be required
to carry out the re-disclosure, but not the re-test if any change of disclosed
information about vehicles of the same type does not affect their energy
consumption data (e.g. commercial name, ergonomics and aesthetics of a
vehicle).
3. Content and method of re-disclosure of
information about energy consumption and energy re-labeling shall follow the
instructions given in Article 8 and 9 hereof.
Article 11. Inspection and supervision of energy
labeling
The quality control body shall conduct the
inspection and supervision of energy labeling as follows:
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2. Carry out the surprise inspection visit in case
of receiving any allegation or complaint about suspected acts of violation
against regulations on energy labeling committed by vehicle assembly plants or
importers. Where the violation related to the disclosed information about
energy consumption is clearly confirmed, the quality control body shall have
the powers to request assembly plants or importers to conduct the energy
consumption re-test and carry out the re-disclosure of energy consumption
information.
Chapter IV
IMPLEMENTATION
Article 12. Responsibilities of the quality
control body
1. Receive and disclose information relating to
energy consumption of vehicles according to the instructions given herein on
their websites.
2. Cooperate with competent authorities in handling
complaints, disputes, and sanctioning violations relating to the disclosure of
energy consumption data and energy labeling.
3. In the course of inspection and supervision,
when detecting any administrative violation, a written notice shall be sent to
the competent authority for any sanction to be imposed under the provisions of
the Government’s Decree No. 134/2013/ND-CP dated October 17, 2013 on
sanctioning of administrative violations arising from activities of
electricity, safety of hydropower dams and efficient use of energy, and the
Government’s Decree No. 17/2022/ND-CP dated January 31, 2022 on amendments or
modifications to a number of Articles of the Decree, stipulating penalties for
administrative violations in the field of industrial chemicals and explosives;
electricity, safety of hydroelectric dams and efficient use of energy;
commercial activities, production and trading of counterfeit and banned goods,
and protection of consumers' interests; oil and gas operations, petroleum and
gas trading activities.
4. Integrate labeling inspection results into the
report to be submitted to the Ministry of Transport upon request.
Article 13. Responsibilities of test facilities
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Article 14. Responsibilities of vehicle assembly
plants, importers and businesses
1. Carry out the disclosure of information about
energy consumption and energy labeling under the provisions of this Circular
before making vehicles available for sale in the market.
2. Bear legal liability for accuracy and fidelity
of disclosed energy consumption test reports and data.
3. Vehicle assembly plants and importers shall
store documents relating to the disclosure of energy consumption information,
including Publications of energy consumption; copies of Reports on energy
consumption corresponding to vehicle types, for at least 3 years from the date
of suspension of manufacturing, assembling and import of vehicle types.
4. Vehicle assembly plants and importers shall
prepare periodic reports for submission to the quality control body, including
the following information:
a) Report title: Periodic report on energy
labeling;
b) Information required to be included in a report:
Number of vehicle types to which energy labels are attached; the average energy
consumption per year of each vehicle assembly plant or importer;
c) Report maker: Vehicle assembly plant or
importer;
d) Report recipient: Vietnam Register;
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e) Submission deadline: By December 20 each year at
the latest;
g) Reporting frequency: The report is submitted on
an annual basis;
h) Data cutoff duration: From December 15 in the
year preceding the reporting period to December 14 of the reporting period;
i) Report form: Shown in Appendix X hereto.
5. Vehicle assembly plants and importers shall be
responsible for reporting to the quality control body in case of any change
relating to the disclosed energy label information to seek its action.
Article 15. Entry in force
1. This Circular shall enter into force as from
July 1, 2023. Entities manufacturing and assembling; entities and persons
importing cars, motorcycles, mopeds; and other relevant entities and persons
are encouraged to apply this Circular earlier than the aforesaid effective
date.
2. Grandfather clauses
a) Manufactured or assembled vehicles with
ex-factory quality inspection certificates issued before the effective date of
this Circular shall be exempted from the energy labeling requirement set out in
this Circular;
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3. Where legislative documents, technical standards
and regulations used as references in this Circular are amended, supplemented
or replaced, new versions thereof shall govern.
Article 16. Implementation responsibilities
The Chief of the Ministry’s Office, the Ministry’s
Chief Inspector, Directors of Departments, Director of the Vietnam Register,
Heads of entities, organizations or individuals concerned, shall be responsible
for implementing this Circular./.
PP. MINISTER
DEPUTY MINISTER
Le Dinh Tho