Circular No. 16/2014/TT-BGTVT conditions on motorized goods four-wheelers and their operators

• Official number: 16/2014/TT-BGTVT
• Legislation Type: Circular
• Organization: The Ministry of Transportation and Communications
• Signer: Dinh La Thang
• Issued Date: 13/05/2014

THE MINISTRY OF TRANSPORT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 16/2014/TT-BGTVT	Hanoi, May 13, 2014

CIRCULAR

PROVIDING CONDITIONS ON MOTORIZED GOODS FOUR-WHEELERS AND THEIR OPERATORS WHEN JOINING ROAD TRAFFIC (*)

Pursuant to the November 13, 2008 Law on Road Traffic;

Pursuant to the November 21, 2007 Law on Product and Goods Quality;

Pursuant to the November 17, 2010 Law on Protection of Consumer Interests;

Pursuant to the Government’s Decree No. 132/2008/ND-CP of December 2008, detailing a number of articles of the Law on Product and Goods Quality;

Pursuant to the Government’s Decree No. 171/2013/ND-CP of November 13, 2013, on sanctioning of administrative violations in road and railway traffic;

Pursuant to the Government’s Decree No. 107/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

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The Minister of Transport promulgates the Circular providing the conditions on motorized goods four-wheelers and their operators when joining road traffic as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides:

a/ The inspection of quality, technical safety and environment protection in the manufacture, assembly and use of motorized goods four-wheelers;

b/ Conditions on motorized goods four-wheelers and their operators when joining road traffic.

2. This Circular does not apply to motorized four-wheelers that are manufactured, assembled and used for national defense or security purposes of the Ministry of National Defense or the Ministry of Public Security.

Article 2. Subjects of application

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Article 3. Interpretation of terms

In this Circular, the terms below shall be construed as follows:

1. Motorized goods four-wheeler (below refereed to as vehicle) means a road motor vehicle powered by an engine, having two axles and four wheels and the engine and body fitted on the same chassis (like trucks of a gross weight under 3,500 kg). Such a vehicle is powered by a gasoline engine of a maximum power output not exceeding 15 kW, and has a maximum design speed not exceeding 60 km/h and a curb weight not exceeding 550 kg.

2. Systems include transmission system, movement system, suspension system, brake system, steering system, electrical system and lighting and signaling system.

3. Components include systems, engines, frames, detail assemblies and details which are used to assemble vehicles.

4. Products include vehicles and vehicle components.

5. Products of the same type are products of the same industrial property owner which have the same mark, design and technical specifications and are manufactured on the same technological line;

6. Product type quality certification means the process of inspecting, testing, examining, assessing and certifying the conformity of a product type with current national technical regulations on quality, technical safety and environmental protection.

7. Testing sample means a typical sample selected by manufacturers themselves or a sample taken randomly by the Vietnam Register for testing.

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9. Manufacturer means a vehicle- or vehicle component-manufacturing or -assembling enterprise that meets all conditions on physical and technical foundations according to regulations.

10. Technically faulty product means a product having a fault in the process of designing, manufacture or assembly which is likely to cause danger to the lives or property of users as well as badly affect community safety and environment.

11. Product recall means the withdrawal by a manufacturer of a lot or type of technically faulty products already supplied to the market in order to repair or replace parts of such products or replace such products with other products so as to prevent dangers which might occur due to faults in the process of designing, manufacture or assembly.

12. Inspection of quality, technical safety and environmental environment during operation and use (below refereed to as circulation inspection) means the inspection and evaluation of the technical safety and environmental protection status of vehicles so as to certify their road worthiness within the scope, routes and time of operation prescribed by provincial-level People’s Committees.

Chapter II

PROVISIONS ON INSPECTION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION IN VEHICLE MANUFACTURE AND ASSEMBLY

Article 4. Testing of samples

1. Items subject to inspection, testing and certification are prescribed in Appendices I and II to this Circular.

2. Manufacturers shall bring samples to testing sites. Testing facilities shall test samples according to relevant processes prescribed in national technical regulations; make reports on test results according to set forms and take responsibility for their test results. When necessary, the Vietnam Register shall directly supervise the testing.

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a/ For vehicles, the quantity of samples is 1;

b/ For components, the quantity of samples is prescribed in Appendix II to this Circular.

4. Management of testing samples

a/ After conducting testing and making reports on test results, testing facilities shall return the samples and report test results to manufacturers;

b/ A manufacturer shall keep typical samples for at least 1 year from the date it ceases the manufacture or assembly of vehicles of the same type. Manufacturers shall manage typical samples so as not to be affected by environmental factors and to be ready for presentation at the request of the Vietnam Register.

Article 5. Dossiers of registration for product type quality certification

Dossiers of registration for product type quality certification (below referred to as certification registration dossiers) include:

1. Certification registration dossiers for components (except imported engines in complete units), each comprising:

a/ A written registration of technical specifications, enclosed with a technical drawing displaying the main dimensions and materials and a photo of the product; explanations about signs and numbers carved on the product (if any);

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c/ A written description of the technological processes of product manufacture, assembly and quality inspection;

d/ A list of principal components used to assemble the engine (in case the product is an engine), made according to the form provided in Appendix III to this Circular.

2. Certification registration dossiers for vehicles, each comprising:

a/ A written registration of technical specifications, made according to the form provided in Appendix IV to this Circular;

b/ A testing facility’s report on test results;

c/ A list of principal components used to assemble the vehicle, made according to the form provided in Appendix V to this Circular;

d/ A written description of the technological processes of vehicle manufacture, assembly and quality inspection;

dd/ Vehicle use manual, showing major technical specifications, methods of using vehicle equipment, and fire and explosion safety and environmental protection instructions; and a vehicle warranty card (clearly stating warranty conditions and addresses of warranty centers);

e/ A copy of the manufacturer’s business registration or investment certificate, for manufacturers that manufacture or assemble vehicles for the first time;

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Article 6. Evaluation of conditions for quality assurance at manufacturing facilities

1. In order to maintain the quality of mass-produced products, manufacturers must meet the following conditions:

a/ Having worked out manufacture, assembly and quality inspection processes and guidelines for each product type, from quality control of input components, quality inspection at each stage of manufacture or assembly to ex-factory inspection, so as to ensure safety and environmental indicators and technical properties of products;

b/ Having sufficient necessary inspection equipment for each stage of manufacture or assembly in conformity with the set manufacture or assembly processes. The list of essential equipment for ex-factory quality inspection is provided in Appendix VI to this Circular. The operational status of ex-factory quality inspection equipment shall be annually tested and certified by the Vietnam Register;

c/ Having sufficient manufacturing workers and quality inspectors in conformity with the set manufacture or assembly processes. Technicians in charge of ex-factory vehicle quality must possess certificates of competency for quality inspection of manufactured or assembled vehicles granted by foreign manufacturers (technology transferors) or the Vietnam Register.

2. The Vietnam Register shall evaluate the quality assurance conditions at manufacturing facilities (below referred to as evaluation of quality assurance conditions) according to the following contents:

a/ Manufacture, assembly and quality inspection processes and guidelines: inspection of input components, inspection at each stage of manufacture or assembly and ex-factory inspection;

b/ Quality inspection devices and equipment;

c/ Quality inspection staff.

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a/ First-time evaluation of quality assurance conditions, which shall be conducted upon grant of a certificate of quality, technical safety and environmental protection for a product type;

b/ Annual evaluation of quality assurance conditions, which shall be conducted on an annual basis;

c/ Unexpected evaluation of quality assurance conditions, which shall be conducted when manufacturers show signs of violation of regulations on quality inspection or when there are complaints about product quality.

4. For similar product types which require no substantial changes in manufacture, assembly and quality inspection processes, results of the previous evaluation of quality assurance conditions may be used.

5. For imported components subject to inspection, if evaluation of quality assurance conditions is not conducted, quality inspection certificates shall be valid only for each imported shipment.

Article 7. Grant of product type quality certificates

The order and procedures for grant of a product type quality certificate (below referred to as certificate) are as follows:

1. The manufacturer shall make 1 set of certification registration dossier as prescribed in Article 5 of this Circular and submit it directly or by post to the Vietnam Register.

2. The Vietnam Register shall receive and examine the certification registration dossier. If the dossier is incomplete, right on the working day when the Vietnam Register receives the dossier, it shall guide the manufacturer to complete the dossier. If the dossier is complete as prescribed, the two parties shall agree on the time and place for conducting evaluation of quality assurance conditions.

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Article 8. Inspection during the manufacture or assembly process

1. Manufacturers may manufacture or assemble subsequent products only after being granted a certificate and shall ensure that these products conform with certification registration dossiers and the tested typical samples. Manufacturers shall take responsibility for the origin and quality of ex-factory products.

2. Each mass-produced product shall undergo ex-factory quality inspection (below referred to as ex-factory inspection) by its manufacturer.

The Vietnam Register may conduct unexpected inspection. In case unexpected inspection results show that a manufacturer violates regulations on product quality inspection, such manufacturer shall, depending on the severity of its violations, have its certificate revoked or be subject to supervision of ex-factory inspection.

3. Manufacturers shall receive blank ex-factory inspection cards, made according to the form provided in Appendix VIII to this Circular, for each lot of manufactured or assembled vehicles in accordance with their product type quality certificates and their performance of ex-factory inspection.

4. Manufacturers shall issue an ex-factory inspection card to each vehicle based on its inspection result. Ex-factory inspection cards must contain the signature and seal of a competent person (head or deputy head of the manufacturer or a subordinate directly authorized in writing by the head of the manufacturer). The ex-factory inspection card granted to each vehicle shall be used to carry out vehicle registration procedures.

5. Ex-factory dossiers

Manufacturers shall make and issue to each ex-factory vehicle a dossier composed of an ex-factory inspection card as prescribed in Clauses 3 and 4 of this Article; a use manual and a vehicle warranty card.

Article 9. Annual evaluation and supplementary evaluation of certificates

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a/ Conducting evaluation of quality assurance conditions according to Point b, Clause 3, Article 6 of this Circular;

b/ Taking random samples of products of the same type at manufacturing facilities and requesting testing of samples according to Article 4 of this Circular. Manufacturers shall bring samples to testing sites.

2. A manufacturer shall carry out supplementary certification procedures when there are amendments to regulations or national technical regulations relevant to a certified product type or there are changes to a product affecting the conformity of the product type with relevant regulations or national technical regulations. The manufacturer shall additionally submit the following documents:

a/ Documents related to changes of the product;

b/ A report on results of re-tests of the product according to new regulations or national technical regulations.

3. A certificate will be no longer valid in any of the following cases:

a/ The product no longer satisfies current regulations or national technical regulations or there are changes to the product, making it unconformable with the certification registration dossier or the granted certificate, but the manufacturer fails to carry out supplementary certification procedures according to Clause 2 of this Article;

b/ The manufacturer commits serious violations of regulations on product quality inspection or issuance of ex-factory inspection cards;

c/ The manufacturer fails to recall technically faulty products according to Clause 3, Article 21 of this Circular.

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Chapter III

PROVISIONS ON INSPECTION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION DURING VEHICLE OPERATION AND USE

Article 10. Circulation inspection dossiers

When conducting circulation inspection, vehicle owners must have the following papers:

1. The original vehicle registration certificate granted by a competent state agency or one of the following papers, which remains valid, for presentation:

a/ A copy of the vehicle registration certificate containing the certification of the bank that is keeping the original certificate;

b/ A copy of the vehicle registration certificate containing the certification of the financial leasing institution that is keeping the original certificate.

2. The original civil liability insurance certificate which remains valid, for presentation.

3. A copy of the ex-factory inspection card (in case of conducting first-time circulation inspection for vehicles which are registered for the first time before the effective date of this Circular).

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Article 11. Register units conducting circulation inspection

1. Circulation inspection of a vehicle shall be conducted at the register unit of the locality where such vehicle has been registered and granted a number plate.

2. Circulation inspection data shall be stored at register units and on the database of the Vietnam Register.

Article 12. Order and methods of conducting circulation inspection

1. A vehicle owner or the person who brings a vehicle for circulation inspection (below referred to as vehicle owner) shall bring the vehicle and the papers prescribed in Article 10 of this Circular to a register unit for circulation inspection.

2. The register unit shall receive and check the dossier. If the dossier is incomplete or invalid, the register unit shall guide the vehicle owner to complete it. If the dossier is complete and valid, the register unit shall collect charges, take a photo of the vehicle and inspect items by the inspection methods prescribed in Appendix IX to this Circular.

3. For first-time inspection, the register unit shall inspect and make a record of first-time inspection of vehicles according to the form provided in Appendix XI to this Circular.

4. In case inspection results show that the vehicle satisfies prescribed standards, the register unit shall collect charges, issue receipts and grant a circulation certificate and a circulation stamp according to the form provided in Appendix X to this Circular.

5. In case inspection results show that the vehicle does not satisfy prescribed standards, the register unit shall notify the vehicle owner of the unsatisfactory items for the latter to fix them for re-inspection, and at the same time, announce the results on the inspection website.

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1. Validity duration of a circulation certificate:

a/ For fist-time inspection: 12 months, for brandnew vehicles of up to 2 years old, counting from the year of manufacture; 6 months, for brandnew vehicles of more than 2 years old, counting from the year of manufacture;

b/ For inspections from the second time on: 6 months.

c/ The validity duration of a circulation certificate must not exceed the expiration date of the vehicle registration certificate (if any) or the expiration date of the vehicle’s use life.

2. The Vietnam Register shall issue blank circulation certificates and circulation stamps. Contents of circulation certificates and circulation stamps shall be printed out from a software managed and announced by the Vietnam Register. The circulation certificate and circulation stamp of a vehicle must have the same serial number and have contents conformable with the vehicle’s technical specifications announced by the Vietnam Register.

a/ Circulation certificates shall be handed over to vehicle owners for bringing along when joining traffic. Circulation stamps shall be stuck on the upper right comer of the inside surface of vehicles’ front windshields;

b/ If circulation certificates or circulation stamps are lost, damaged or ragged, vehicle owners shall bring their vehicles for circulation inspection so as to be re-granted circulation certificates or stamps.

3. When detecting that the dossier provided by a vehicle owner is falsified or tampered with or the granted circulation certificate and circulation stamp are not suitable to the inspected vehicle, the register unit shall notify such to functional agencies for taking handling measures, and shall revoke the granted circulation certificate and circulation stamp (if they remain valid).

4. A circulation certificate and circulation stamp cease to be valid when:

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b/ The vehicle owner has reported the loss of the vehicle;

c/ The register unit has issued a revocation notice;

d/ The vehicle is crashed in an accident, thus failing to ensure technical safety and environmental protection requirements.

Article 14. Reporting and dossier preservation

1. Register units shall send reports on circulation inspection work together with reports on motor vehicle inspection to the Vietnam Register.

2. Irregular reports shall be made at the request of competent agencies.

3. Preservation

a/ Vehicle dossiers, circulation inspection dossiers and relevant papers shall be preserved at register units;

b/ Circulation inspection dossiers and records of circulation inspection results shall be preserved for 3 years from the date of circulation inspection. Vehicle dossiers shall be destroyed 3 years after the expiration date of the vehicle’s use life.

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Chapter IV

PROVISIONS ON CONDITIONS WHEN JOINING TRAFFIC

Article 15. Conditions on vehicle operators

Vehicle operators must have driver’s licenses of B2 or higher grades and shall comply with Article 58 of the 2008 Law on Road Traffic.

Article 16. Conditions on vehicles

1. Vehicles must ensure quality, technical safety and environmental protection as prescribed in this Circular when joining traffic.

2. The use life of vehicles is regulated by Clause 1, Article 4 of the Government’s Decree No. 95/2009/ND-CP of October 30, 2009, providing the use life of cars used for the carriage of goods and passengers.

Article 17. Observance of road traffic rules

1. The observance of road traffic rules, sanctioning levels and measures for remedying consequences of administrative violations in road traffic must comply with the Government’s regulations and are similar to those applicable to trucks of a tonnage of under 3,500 kg.

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Chapter V

IMPLEMENTATION PROVISIONS

Article 18. Responsibilities of the Vietnam Register

1. To act as the state management agency in charge of quality, technical safety and environmental protection of products regulated by this Circular; to provide professional guidance and instructions on quality inspection in the manufacture and assembly, and on circulation inspection, and inspect the implementation of this Circular.

2. To distribute, manage and guide the use of, certificates and blank quality inspection cards, circulation certificates and circulation stamps.

3. To announce on its website the list of testing facilities serving the certification of quality, technical safety and environmental protection.

4. To organize periodical or unexpected examinations and inspections of the quality assurance by manufacturers and of the circulation inspection by register units.

5. To report on the inspection of quality, technical safety and environmental protection of vehicles according to regulations.

Article 19. Responsibilities of provincial-level Transport Departments

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2. To inspect and handle violations committed by individuals and register units under their management in the circulation inspection of vehicles. To coordinate with the Vietnam Register in examining the circulation inspection of vehicles by register units in their localities.

Article 20. Responsibilities of register units

1. To conduct circulation inspection and grant circulation certificates and circulation stamps for vehicles according to regulations. Heads and officers of register units directly conducting circulation inspection shall take responsibility for inspection results.

2. To make public information relating to working procedures, contents and processes, relevant standards and regulations and payable charges and fees as well as working time.

3. To comply with preservation and reporting regulations. To transmit inspection data on a daily basis to, and keep secret passwords and update warning data received from, the database of the Vietnam Register.

4. To send periodical reports on circulation inspection of vehicles to the Vietnam Register and provincial-level Transport Departments before the 5th every month.

5. To abide by and facilitate the functional agencies’ inspection, examination and supervision of circulation inspection activities.

Article 21. Responsibilities of manufacturers

1. To take responsibility for the accuracy and truthfulness of dossiers and documents provided to the Vietnam Register.

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3. To recall products under Article 22 of the Law on Protection of Consumer Interests when detecting technically faulty products.

4. To develop quality management systems to ensure the quality of mass-produced products.

5. To take responsibility before law for violations of regulations on protected industrial property rights.

Article 22. Responsibilities of vehicle owners

In addition to complying with this Circular, vehicle owners shall comply with the following regulations:

1. Not to falsify, remove, stick, erase or modify the contents of, circulation certificates or circulation stamps.

2. To provide accurate information relating to the contents of circulation inspection, administrative management and technical specifications of vehicles, including information on the provision of related dossiers and documents to register units.

3. To conduct maintenance and repairs so as to ensure the technical conditions of vehicles in the interval between two circulation inspections.

4. To return circulation certificates and circulation stamps upon receipt of revocation notices from register units.

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The Vietnam Register, testing facilities and register units may collect charges and fees according to regulations of the Ministry of Finance.

Article 24. Effect

1. This Circular takes effect on July 1, 2014, and annuls the following documents:

a/ Decision No. 3917/QD-TTg of December 31, 2009, of the Minister of Transport, promulgating provisional regulations on inspection of quality, technical safety and environmental protection of motorized goods four-wheelers manufactured or assembled at home on a pilot basis;

b/ Decision No. 614/QD-BGTVT of March 12, 2010, and Decision No. 3667/QD-BGTVT of December 28, 2010, of the Minister of Transport, amending and supplementing a number of articles of Decision No. 3917/QD-TTg of December 31, 2009, of the Minister of Transport, promulgating provisional regulations on inspection of quality, technical safety and environmental protection of motorized goods four-wheelers manufactured or assembled at home on a pilot basis;

2. From January 1, 2015, operators of vehicles, when joining traffic, must have appropriate driver’s licenses as prescribed in Article 15 of this Circular.

3. Conformity certificates and ex-factory quality inspection cards issued before the effective date of this Circular continue to be valid until their expiration date.

4. In case the documents referred to in this Circular are amended or supplemented, the new documents shall apply.

Article 25. Organization of implementation

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MINISTER OF TRANSPORT




Dinh La Thang

* All appendices to this Circular are not translated.

(*) Công Báo Nos 585-586 (15/6/2014)