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MINISTRY OF
TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
41/2013/TT-BGTVT
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Hanoi, November
05, 2013
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CIRCULAR
PRESCRIBING
TECHNICAL SAFETY AND QUALITY INSPECTION OF ELECTRIC BICYCLES
Pursuant to the Law on road traffic dated
November 13, 2008;
Pursuant to the Law on quality of goods and
products dated November 21, 2007;
Pursuant to the Law on consumer protection dated
November 17, 2010;
Pursuant to the Government’s Decree No. 132/2008/ND-CP
dated December 31, 2008 providing guidelines for implementation of the Law on
quality of goods and products;
Pursuant to the Government’s Decree No.
107/2012/ND-CP dated December 20, 2012 defining the functions, tasks, powers
and organizational structure of the Ministry of Transport;
At the request of the Director of Science and
Technology Department and the Director of Vietnam Register;
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Chapter 1.
GENERAL PROVISIONS
Article 1. Scope
1. This Circular stipulates the technical safety
and quality inspection of domestically manufactured or assembled electric
bicycles and imported ones.
2. This Circular does not apply to:
a) Electric bicycles domestically manufactured or
assembled or imported to serve the performance of national defense and security
tasks of the Ministry of National Defence and the Ministry of Public Security.
b) No more than 01 electric bicycle imported or temporarily
imported for non-commercial purposes.
c) Electric motorcycles and electric mopeds which
are governed by the Circular No. 44/2012/TT-BGTVT dated October 23, 2012 of the
Minister of Transport prescribing technical safety and environmental protection
inspection of imported motorcycles, mopeds and engines thereof and the Circular
No. 45/2012/TT-BGTVT dated October 23, 2012 of the Minister of Transport
prescribing technical safety and environmental protection inspection of
manufactured or assembled motorcycles and mopeds.
Article 2. Regulated entities
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Article 3. Definitions
For the purpose of this Circular, the terms below
are construed as follows:
1. “electric bicycle” means a two-wheeled
bicycle that works using a direct current engine or a pedal-assist system using
a direct current engine, and has a max engine power up to 250 W, a max speed
not exceeding 25 km/h and a kerb weight (including the weight of batteries) not
exceeding 40 kg.
2. “electric bicycles of the same type” means
the ones that are of the one holder of industrial property rights, have the
same mark, design and technical specifications, and are produced from the one
technological line.
3. “type approval certification” means the
process of inspection, testing, appraisal, assessment and certification of the
conformity of an electric bicycle type with applicable national technical
regulations on technical safety and quality.
4. “quality control authority” is Vietnam
Register affiliated to the Ministry of Transport that shall take charge of
performing state management of technical safety and quality of electric
bicycles within the scope of this Circular.
5. “testing facility” means an organization
that meets all eligibility requirements and is designated to perform testing
for electric bicycles according to corresponding national technical regulations
and relevant legislative documents.
6. “manufacturer” means an enterprise that
engages in the production or assembly of electric bicycles after having
fulfilled technical facility requirements.
7. “importer” means any organization or
individual that imports electric bicycles.
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9. “testing sample” means a representative
sample which is selected and provided by the manufacturer or randomly taken by
the quality control authority for testing.
10. “defective electric bicycle” means an
electric bicycle which, due to a deficiency in the design, manufacture or
assembly, renders it unreasonable dangerous to life and property of the rider as
well as adversely influences community safety and environment.
11. “electric bicycle recall” means a
manufacturer’s or importer’s request to return electric bicycles of the same
lot/shipment or of the same type with the defective electric bicycle that they
have sold/distributed on the market with the aim of preventing potential
dangers caused by a deficiency in the design, manufacture or assembly by
repairing or replacing defective parts or replacing defective electric bicycles
with new ones.
Chapter 2.
TECHNICAL SAFETY AND
QUALITY INSPECTION OF ELECTRIC BICYCLES
Article 4. Sample testing
1. Technical safety requirements and testing
methods are provided for in QCVN 68:2013/BGTVT National technical regulation
on electric bicycles.
2. The relevant manufacturer or importer shall
transport its testing sample to the announced testing site. The testing
facility shall take charge of performing tests on the received sample according
to the testing procedures laid down in the national technical regulation, make
the testing record using the prescribed form and assume responsibility for the
testing record it provided. The quality control authority may directly
supervise the performance of testing procedures if necessary.
3. Testing sample management
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b) The manufacturer shall keep the representative
sample for a period of not less than one year from the date on which it stops
manufacturing or assembling electric bicycles of the same type. The
representative sample must be protected against damage caused by environmental
factors and shall be presented at the request of the quality control authority.
Article 5. Application for
technical safety and quality inspection
1. An application for technical safety and quality
inspection of manufactured/assembled electric bicycle includes:
a) The statement of technical specifications which
is made using the form in Appendix I enclosed herewith;
b) The original of the testing record given by the
testing facility;
c) The description of manufacturing/assembling and
quality control procedures;
d) The bicycle owner’s manual which contains the
main technical specifications, instructions for parts of the electric bicycle,
safety and environmental protection instructions; Warranty information sheet
(in which warranty conditions and addresses of warranty service providers must
be specified);
dd) The copy of the business registration
certificate or the investment registration certificate if the applicant engages
in the manufacture or assembly of electric bicycles for the first time;
e) The manufacturer's commitment that the vehicle
type does not infringe any protected industrial property rights and the
manufacturer shall take legal responsibility for any infringement cases;
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2. An application for technical safety and quality
inspection of imported electric bicycle includes:
a) The request for quality inspection of imported
electric bicycle (hereinafter referred to as “the request for quality
inspection”) which is made using the form in Appendix II enclosed herewith;
b) The copies of import documents bearing the
importer’s certification, including: The import customs declaration, the
commercial invoice or another equivalent document indicating the value of
imports;
c) The manufacturer’s description of technical
features of the imported electric bicycle, including information relating to
dimensions, weight, number of seating positions, max speed, tyre sizes, max
power, voltage and capacity of batteries, distance travelled continuously.
If the manufacturer's description does not contain
sufficient information as prescribed in Point c of this Clause, the importer
shall submit the statement of technical specifications made using the form in
Appendix I enclosed herewith.
With regard to electric bicycles of the same type
with the one inspected and issued with the Certificate of quality conformity by
the quality control authority, the manufacturer's description of technical
features is not required.
d) The description of electric bicycle label, including
dimensions, contents and location of the label. The label of an electric
bicycle shall include the manufacturer's name and address, the importer’s name
and address, mark, model code, kerb weight, number of seating positions, engine
power, production year, and origin.
Article 6. Quality inspection
of manufactured/assembled electric bicycle
The quality inspection of manufactured/assembled
electric bicycle shall be carried out on the basis of the conformity of
production assessment (hereinafter referred to as COP assessment).
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a) It must established procedures and manuals for
manufacture, assembly and quality control for each type of electric bicycles, including
those for quality control of inputs, quality control at each production stage
and ex-factory inspection, so as to ensure safety performance indicators and
technical features of electric bicycles;
b) It must have sufficient inspection equipment necessary
for each production stage in conformity with the established
manufacture/assembly procedures;
c) It must employed qualified personnel in charge
of manufacture and quality control tasks in conformity with the established
manufacture/assembly procedures.
2. COP assessment contents:
a) Assess the manufacturer’s procedures and manuals
for manufacture, assembly and quality control by carrying out inspection of
inputs, inspection of each production stage and ex-factory inspection;
b) Assess the manufacturer’s quality inspection
equipment;
c) Assess the manufacturer’s personnel in charge of
quality control.
3. Forms of COP assessment:
a) Initial COP assessment which is made when
processing an application for the Type approval certificate for manufactured/assembled
electric bicycles;
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c) Ad hoc COP assessment which is made in case the
manufacturer denotes the commission of violations against regulations on
quality inspection or there is a complaint about electric bicycle quality is
filed.
With regard to electric bicycles of similar
type/model which are produced by adopting the same manufacture, assembly and
quality control procedures, results of the previous COP assessment may be used.
Article 7. Quality inspection
of imported electric bicycle
1. Inspection method and contents:
a) Carry out general inspection of homogeneity of
electric bicycles of the shipment;
b) Randomly take samples from the shipment. The
number of samples to be taken shall be subject to the quantity of imported
electric bicycles and provided for as follows:
No.
Quantity of
electric bicycles of the same type of a shipment (unit: pieces)
Number of samples
to be taken for testing (unit: pieces)
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Up to 100
01
2
From 101 to 500
02
3
Above 500
03
c) Verify identification of the sample electric
bicycle;
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dd) In case more than one sample is taken, the shipment
is unsatisfactory if there is any unsatisfactory sample as shown in testing
record.
2. Exemption from sample testing
The testing of samples shall be exempted in the
following cases:
a) Electric bicycles of the same type have been
inspected according to mutual recognition agreements on standards and
conformity assessment to which Vietnam is a signatory;
b) Electric bicycles of the same type that are of
the one importer and have been tested and granted quality conformity
certificate. The testing of samples shall be performed according to Point d
Clause 1 of this Article if the shipment of imported electric bicycles is
exempted from sample testing but denotes non-conformity of quality
requirements.
Article 8. Issuance of type
approval certificate/certificate of quality conformity
Type approval certificate for
manufactured/assembled electric bicycles and certificate of quality conformity
for imported electric bicycles (hereinafter referred to as “Certificate”) shall
be issued according to the following procedures:
1. With regard to manufactured/assembled electric
bicycles:
a) The manufacturer shall submit an application
which includes adequate documents as specified in Clause 1 Article 5 hereof
directly or by post to the quality control authority;
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c) Within a maximum duration of 10 business days
from the receipt of the sufficient application, the quality control authority
shall examine the received application and carry out the COP assessment in
accordance with Article 6 hereof. In case of unsatisfactory results, the
manufacturer shall carry out remedial measures as requested. In case of
satisfactory results, the quality control authority shall issue the Certificate
using the form in Appendix IIIa enclosed herewith within 05 business days upon
completion of the COP assessment procedures.
2. With regard to imported electric bicycles:
a) The importer shall submit an application which
includes sufficient documents as specified in Clause 2 Article 5 hereof directly
or by post to the quality control authority;
b) The quality control authority shall receive and
examine the received application. If the application is insufficient, the
importer shall be requested to complete it. If the application is sufficient,
the quality control authority shall, within a business day from the receipt of
the application, make certification on the request for quality inspection and
reach an agreement with the importer on the date and site of inspection;
c) The quality control authority shall carry out
inspection and consider results of testing for imported electric bicycles
according to Article 7 hereof. In case of unsatisfactory inspection results,
within 05 business days from the completion of the inspection, a notification
shall be sent to the importer to implement remedial measures. Over 30 days from
the date of notification, if the importer fails to implement appropriate
remedial measures, the notice on non-conformity of quality for imported
electric bicycles shall be given using the form in Appendix IIIc enclosed
herewith. In case of satisfactory inspection results, the quality control
authority shall issue the Certificate of quality conformity for imported
electric bicycles using the form in Appendix IIIb enclosed herewith to the
importer within 05 business days from the receipt of satisfactory results.
Article 9. Quality inspection
during manufacture, assembly and import of electric bicycles
1. With regard to manufactured/assembled electric
bicycles:
a) The manufacturer shall carry out
manufacture/assembly activities only after obtaining the type approval
certificate, and must ensure that the manufactured/assembled electric bicycles
shall be conformable with the submitted application and tested representative
samples. The manufacturer shall assume responsibility for the origin and
quality of finished electric bicycles;
b) The manufacturer must carry out ex-factory
quality inspection of each mass-produced electric bicycle (hereinafter referred
to as “ex-factory quality inspection”);
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d) Every finished electric bicycle must bear a
conformity stamp which is stuck on the right side of the bicycle’s frame at a
visible, legible and indelible position. If any signs of violation are
detected, the quality control authority may carry out the inspection of the
process of sticking of conformity stamps on finished electric bicycles.
2. With regard to imported electric bicycles:
a) The importer shall receive conformity stamps
according to the certificate of quality conformity issued to the shipment of
imported electric bicycles.
b) Every imported electric bicycle must bear a
conformity stamp which is stuck on the right side of the bicycle’s frame at a
visible, legible and indelible position. The quality control authority shall
carry out the inspection of the process of sticking of conformity stamps on
imported electric bicycles of the shipment.
3. Conformity stamp:
a) Dimensions and contents of the conformity stamp
shall comply with Appendix IV enclosed herewith.
b) Color, patterns, background and materials of the
conformity stamp shall comply with regulations of the quality control
authority.
Article 10. Quality inspection
of electric bicycles being sold on the market
1. Manufacturers and importers are responsible for
the quality of their electric bicycles when they are sold on the market.
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a) Inspect the conformity of electric bicycles with
the submitted application;
b) If any non-conformity of quality signs is
founded, samples shall be taken and transported to testing facilities for
testing.
3. The quality control authority is entitled to
request the manufacturer or importer to recall their electric bicycles based on
the results of quality inspection of electric bicycles being sold on the
market.
Article 11. Annual and
additional assessments
1. Depending on demand of each manufacturer,
periodical assessments shall be annually carried out by the quality control
authority to verify the manufacturer’s fulfillment of regulatory requirements
according to the issued type approval certificate. To be specific:
a) Carry out COP assessment as regulated in Article
6 hereof;
b) Randomly take samples from electric bicycles of
the same type at the premises of the manufacturer, and request for testing of samples
at the testing site according to relevant national technical regulations and
standards. The manufacturer shall transport samples to the announced testing
site.
2. The manufacturer is required to follow
procedures for additional certification in case national technical regulations
on the type of electric bicycles granted the type approval certificate are
amended or there are modifications made to electric bicycles and thus
influencing the conformity of such type of electric bicycles with corresponding
national technical regulations. The manufacturer is required to submit the
following additional documents:
a) Documents relating modifications to electric
bicycles;
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3. The type approval certificate for
manufactured/assembled electric bicycles will be no longer valid if:
a) Electric bicycles granted the type approval
certificate do no longer satisfy applicable national technical regulations and
standards or electric bicycles are not conformable with the submitted
application and the issued type approval certificate because of their
modifications but the manufacturer fails to follow procedures for additional
certification as regulated in Clause 2 of this Article.
b) The manufacturer commits serious violations
against relevant regulations on control of quality of electric bicycles;
c) The manufacturer fails to carry out the recall
of defective electric bicycles as regulated in Clause 4 Article 13 hereof.
Manufacturers shall be informed in writing of the
invalidated type approval certificates which shall be also published on the
website of the quality control authority.
Chapter 3.
IMPLEMENTATION
PROVISIONS
Article 12. Vietnam Register’s
responsibility
1. Provide guidance on inspection operations within
the ambit of its assigned functions and duties in accordance with regulations
hereof.
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3. Publish the list of testing facilities
designated to perform testing for type approval certification on the website of
the quality control authority.
4. Organize periodic or ad hoc inspection of
conformity with quality requirements by manufacturers.
5. Prepare and submit consolidated reports on
technical safety and quality inspection of electric bicycles to the Ministry of
Transport as regulated.
Article 13. Responsibility of
manufacturers and importers
1. Assume responsibility for the accuracy and
authentication of documents provided for the quality control authority.
2. Cooperate with the quality control authority
during the quality inspection of their electric bicycles.
3. Distribute/sell electric bicycles on the market
only after they are granted conformity stamps. Provide the owner’s manual and
warranty information sheet for each electric bicycle.
4. Carry out electric bicycle recalls as regulated
in Article 22 of the Law on consumer protection in case of defective electric
bicycles found.
5. Manufacturers must establish the quality control
system for monitoring quality of mass-produced electric bicycles.
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7. Assume legal responsibility for any violations
against regulations on industrial property rights.
Article 14. Fees and charges
The quality control authority and testing
facilities are entitled to collect fees and charges according to regulations of
the Ministry of Finance.
Article 15. Effect
1. This Circular comes into force as from January
01, 2014.
2. Electric bicycles manufactured, assembled or
imported before the date of entry into force of this Circular shall not be governed
by regulations hereof.
3. If any documents referred to in this Circular
are amended, supplemented or superseded, the new ones shall apply.
Article 16. Implementation
organization
Chief of the Ministry's Office, Chief Inspector of
the Ministry, Directors of Departments affiliated to the Ministry of Transport,
Director of Vietnam Register, heads of relevant authorities and organizations,
and relevant individuals shall be responsible for implementing this Circular./.
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MINISTER
Dinh La Thang