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MINISTRY OF TRANSPORT - MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 43/2014/TTLT-BGTVT-BCT
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Hanoi,
September 24, 2014
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JOINT CIRCULAR
REGULATION
ON ENERGY LABELLING FOR THE TYPES OF AUTOMOBILE FROM 07 SEATS OR LESS
Pursuant to the Law on
thrifty and efficient use of energy dated June 17, 2010;
Pursuant to the Decree No. 107/2012/ND-CP
dated December 20, 2012 of the Government defining the functions, duties, power
and organizational structure of the Ministry of Transport;
Pursuant to the Decree No.
95/2012/ND-CP dated November 12, 2012 of the Government defining the functions,
duties, power and organizational structure of the Ministry of Industry and
Trade;
Pursuant to the Decree No.
21/2011/ND-CP dated March 29, 2011 of the Government detailing and guiding the
implementation of Law on thrifty and efficient use of energy;
Pursuant to Decision No.
51/2011/QD-TTg dated September 12, 2011 of the Prime Minister on defining the
list of vehicles and equipment to be affixed with energy label, application of minimum level of energy performance and implementation roadmap
The Minister of Transport and
Minister of Industry and Trade issued a Joint Circular regulating the energy
labelling for the types of Automobile from 07 seats or less.
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GENERAL
PROVISION
Article 1.
Scope of regulation
1. This Circular provides for
energy labelling for the types of automobile from 07 seats
or less (hereafter referred to as automobile) manufactured and assembled from
discrete components, new or imported and unused;
2. This Circular applies to:
a) Automobiles manufactured,
assembled, imported and used directly for the purpose of national defense and
security of the Ministry of Defense and the Ministry of Public Security;
b) Automobiles of temporary import
and re-export, in transit, border gate transfer, diplomatic or consular
Automobiles
c) Automobiles with new structure
and technology the domestic testing of which has not been performed yet.
d) Single imported automobiles not
for business purpose;
dd) Automobile imported under
specific regulation of the Prime Minister;
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Article 2.
Subjects of application
This Circular applies to
organizations and individuals involved in the manufacturing, assembly, import,
trading, checking and testing of fuel consumption and certification of energy
labelling of automobile.
Article 3.
Interpretation of terms
In this Circulars, the terms below
are construed as follows:
1. Energy labelling of automobile
(hereafter referred to as energy label) means the label which provides
information on the type of fuel used, fuel consumption of the automobile which
was inspected, certified or registered for self-announcement to help consumers
identify and choose the fuel-saving Automobile.
2. Energy consumption rate of
Automobile (fuel consumption) is the consumed volume of fuel of a Automobile on
a stretch of way corresponding to the conditions, cycle of testing and
determination. The measurement unit of fuel consumption is the liter (l)/100
kilometer (km) (for fuel as gasoline, LPG and diesel) or cubic meter (m3)/100
kilometers (km) (for the fuel as NG).
3. Certification of energy
labelling of Automobile is the certification of energy consumption rate as a
basis for energy labelling.
4. Automobile is defined in
Section 3.1.1 Vietnam Standards – Means of road transportation – Automobile –
Classification by purpose of use - TCVN 7271: 2003.
5. Types of automobile is defined
in the following documents:
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b) Section 3.2 Vietnam Standards
TCVN 7792:2007 - Means of road transportation - CO2 emission and
fuel consumption of automobiles fitted with internal combustion engines –
Requirements and methods of testing in the type approval announced by the
Science and Technology (hereafter referred to as TCVN 7792:2007);
c) Section 3.2 Vietnam Standards
TCVN 9854:2013 - Means of road transportation – Automobile – Limit of fuel
consumption and method of determination announced by the Science and Technology
(hereafter referred to as TCVN 9854:2013).
6. Quality control agency (hereafter
referred to as QCA) is the Vietnam Register directly under the Ministry of
Transport.
7. Manufacturing and assembly
establishment means enterprise manufacturing and assembling (hereafter referred
to as MA) automobiles from discrete components and completely new and operating
under the provisions of law.
8. Importing establishment is an
organization importing automobiles (hereafter referred to as IMP)
9. Automobile trading
establishment means organization or individual selling and distributing to market.
10. Testing
establishment of fuel consumption rate (hereafter referred to as testing
establishment) is a specialized testing establishment which is licensed by the
local or foreign competent authorities for testing activities and has
appropriate area of activities and is considered and appointed by the Vietnam Register directly under the Ministry of Transport or the
General Department of Energy – Ministry of Industry and Trade under the
provisions in Article 6 of this Circular.
Article 4.
General provisions on energy labelling
1. The types of automobile subject
to the scope of adjustment of this Circular must be affixed with energy label
before being introduced into market.
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3. The testing of fuel consumption
rate is done indepedently or in combination with the testing of emission.
4. The types of automobile whose
fuel consumption rate must be tested. The report on result of testing of fuel
consumption rate (hereafter referred to as testing report) issued by the
testing establishment must meet the following requirements:
a) Compliance with type of
automobile to be registered.
b) Method and cycle of testing are
in accordance with the provisions of this Circular;
c) The contents of testing report
of the local testing establishment are done in accordance with the provisions
in Annex II issued with this Circular.
The testing report issued by the
foreign testing establishment must have information specified at Points from
1.1 to 1.5 Section 1 and the Points specified in Section 2 of Annex II issued
with this Circular.
5. The certificate of energy
labelling can be done independently or concurrently with the certificate of
technical safety and environmental protection (hereafter referred to as
TS&EP) specified in Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of
the Minister of Transport stipulating the quality examination of TS&EP in
MA of motor automobiles (hereafter referred to as Circular No.
30/2011/TT-BGTVT) and Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the
Ministry of Transport stipulating the quality examination of TS&EP of
imported motor automobiles (hereafter referred to as Circular No.
31/2011/TT-BGTVT).
6. Encouraging the manufacturing
and assembling establishments and the importing establishments to register the
examination and certification or register for self-announcement of fuel
consumption rate and energy labelling for types of automobiles not subject to
the scope of adjustment specified in Clause 1, Article 1 of this Circular.
Article 5.
Procedures for registration and self-announcement of fuel consumption and
energy labelling
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a) Types of manufactured and
assembled automobile that were issued with certificate of quality of TS&EP
under Circular No. 30/2011/TT-BGTVT before January 01, 2015.
b) Types of imported automobile
issued with certificate of quality of TS&EP under
Circular No. 30/2011/TT-BGTVT before January 01, 2015.
c) Imported automobiles have been
tested at the foreign testing establishment; the testing report should show the
testing method and cycle different from the provisions in Article 7 of this
Circular.
2. Procedures for registration for
self-announcement of fuel consumption rate and energy labelling:
a) The
manufacturing and assembling establishments and the importing establishments
shall prepare a set of dossier directly submitted or sent by post to the QCA
including the following documents:
- Registration of fuel consumption
rate of type of automobile under the form specified in Annex I issued with this
Circular.
- Documents proving the fuel
consumption rate registered for self-announcement.
b) Within 07 working days, from
the date of receipt of dossier, the QCA shall consider and announce on its
website the dossiers eligible or not eligible for energy labeling.
Chapter II.
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Article 6.
Grounds for appointing the establishment of testing of fuel consumption rate
1. Having ISO/IEC 17025 certificate
or accredited under the standards of the Vietnam Laboratory Accreditation
Scheme (VILAS) or by accreditation organizations that have signed agreements on mutual recognition as the International Laboratory
Accreditation Cooperation (ILAC) and the Asia Pacific Laboratory Accreditation Cooperation (APLAC).
2. Having the testing equipment
which is inspected and adjusted under regulation with the precision for testing
the fuel consumption rate specified in one of the standards and regulations
such as: QCVN 05:2009/BGTVT; TCVN 7792:2007; TCVN 9854:2013 or equivalent
standards and regulations;
Article 7.
Requirements for method of fuel consumption measurement and determination of
fuel consumption rate
1. Requirements for method of fuel
consumption measurement shall comply with one of the methods stated in the
following standards and regulations:
a) QCVN 05:2009/BGTVT;
b) TCVN 7792:2007;
c) TCVN 9854:2013;
d) Other methods of measurement
equivalent to the methods specified at Points a, b and c of this Clause.
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a) Method of calculating the
carbon balance from the result of emission measurements specified in Section 5.3
ISO 9854: 2013 or Section B.1.4.2, Appendix of TCVN 7792:2007.
b) Method of direct measurement of
fuel consumption specified in Section 5.1. TCVN 9854:2013.
3. Processing of result of
measurement of fuel consumption rate:
a) The testing establishment shall
process the measurement result to determine the fuel consumption rate under the
provisions in Section 5.4 TCVN 9854:2013.
b) In case the value of the first
testing or the value of arithmetic mean of the first testing and the second
testing are greater than the registered fuel consumption rate by 04 % of the
manufacturing and assembling establishments and the importing establishments
and if such establishments agree in writing, then the above corresponding
values may be taken as the certified fuel consumption rate.
c) In case the manufacturing and
assembling establishments and the importing establishments and if such
establishments have not registered the fuel consumption rate in the
registration of fuel consumption rate of the types of automobile under the form
specified in Annex I issued with this Circular, the certified fuel consumption
rate is the arithmetic average value of the three tests of the testing
establishment.
Article 8.
Procedures for registration of inspection and certification of fuel consumption
rate for manufactured and assembled automobiles
1. The dossier includes:
a) One
registration of fuel consumption rate of type of automobile under the form
specified in Annex I issued with this Circular.
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2. Order and method of
implementation:
a) The manufacturing
and assembling establishments shall submit directly or send a dossier to the
QCA.
b) The QCA
shall verify the compliance of dossier, within 07 working days, after receipt
of dossier: if the dossier meet the requirements, the Certificate of fuel
consumption rate of the manufactured and assembled automobiles shall be issued
(under the form specified in Annex III issued with this
Circular) to the type of registered automobile as a basis for the manufacturing and assembling establishments to
conduct the energy labelling. If the dossier fails to meet the requirements,
such establishments shall receive the notice of
unsatisfactory contents for completion.
3. The Certificate
of fuel consumption rate of the manufactured and assembled automobiles is valid
in 03 years from the date of issuance and shall be considered for re-issuance
in the following cases:
a) Upon expiration of Certificate:
Procedures are the same as new issuance specified in Clause 1 and 2 of this
Article.
b) Being lost or damaged and
unusable: the manufacturing and assembling establishments
shall request in writing and the QCA shall consider and re-issue of Certificate
in accordance with the kept dossier within 03 working days. In case the kept
dossier shows that the Certificate is expired, the QCA shall inform the
manufacturing and assembling establishments for the procedures for new issuance
in accordance with the provisions in Clause 1 and 2 of this Article;
Article 9.
Procedures for registration of inspection and certification of fuel consumption
rate for imported automobiles
1. The dossier includes:
a) One registration of fuel
consumption rate of type of automobile under the form specified in Annex I
issued with this Circular.
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No distribution of materials
specified at Point b, Clause 1 of this Article to the imported automobiles of
the same type with the one inspected and issued with the valid Certificate of
fuel consumption rate.
2. Order and method of
implementation:
a) The importing establishment shall submit directly or send a dossier to the QCA.
b) The QCA
shall verify the compliance of dossier, within 07 working days, after receipt
of dossier: if the dossier meet the requirements, the Certificate of fuel
consumption rate of the imported automobiles shall be issued (under the form specified in Annex III issued with this Circular) to the
type of registered automobile as a basis for the importing
establishments to conduct the energy labelling. If the
dossier fails to meet the requirements, such
establishments shall receive the notice of unsatisfactory contents for
completion.
3. The Certificate of fuel
consumption rate of imported automobile is valid within a period of 03 years
from the date of issuance and shall be considered for re-issuance in the
following cases:
a) Upon expiration of Certificate:
Procedures are the same as new issuance specified in Clause 1 and 2 of this
Article.
b) Being lost or damaged and
unusable: the importing establishments shall request in
writing and the QCA shall consider and re-issue of Certificate in accordance
with the kept dossier within 03 working days. In case the kept dossier shows
that the Certificate is expired, the QCA shall inform the importing establishments
for the procedures for new issuance in accordance with the provisions in Clause
1 and 2 of this Article;
Article 10.
Conditions for expansion of certification of fuel consumption rate of types of
automobile
The conditions for expansion of
certification of fuel consumption rate of types of automobile shall comply with
the provisions in Section 6 TCVN 7792:2007.
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PROVISIONS ON
EGERGY LABELLING
Article 11.
Form of energy label
The engery label is used under the
uniformed form, including:
1. The form of energy label is
specified by the QCA issuing the certificate of fuel consumption rate in Annex
V promulgated with this Circular.
2. The form of energy label which
the manufacturing and assembling establishments and the
importing establishments register for self-announcement is specified in Annex VI promulgated with this Circular.
Article 12.
Energy labelling
1. The manufacturing
and assembling establishments and the importing establishments may print the
energy labels under the form specified in Article 11 of this Circular. The
information and fuel consumption rate printed on the label must be in
accordance with the Certificate of fuel consumption rate or the registration of
fuel consumption rate of types of automobile (in case of self-announcement) and
affix them on the automobiles of the same type before introducing them into
market.
2. Place for energy labelling
The energy label must be affixed
inside the automobile on the side of driver or fixed rear glass window or rear
windshield at the place easily observed from outside. The energy label must be
maintained in the automobile until it is delivered to the consumer.
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1. Form of annoucement of
information
The information related to the
fuel consumption rate of the automobile must be announced in fhe forms as
follows:
a) The energy label is affixed on
automobile at the display or sale place.
b) Attached user manual or
material introducing features and technical parameters of automobile.
c) Website of the automobile manufacturing and assembling establishments and the
importing and trading establishments (if any).
d) Website of the QCA.
2. Contents of announced
information
The following minimum information
must be shown:
a) Information on the manufacturing and assembling establishments and the importing
establishments including the name, address, telephone and fax number.
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c) Information on fuel consumption
rate in accordance with the certificate of fuel consumption rate or
registration of fuel consumption rate (in case of self-announcement).
3. The announced information must
be maintained during the time the manufacturing and
assembling establishments and the importing and trading establishments
introduce such type of automobile into the market.
Article 14.
Suspension of energy labelling and revocation of certificate of fuel
consumption rate
1. The QCA shall make a decision
on suspension of energy labelling and post the information on its website when
the manufacturing and assembling establishments and
the importing and trading establishments commit the violation of one of the
cases as follows:
a) Affixing of fake energy label.
b) Affixing of energy label when
not having been issued with the Certificate of fuel consumption rate or such
Certificate is expired or erased.
c) The energy label is not in
accordance with the contents and specification under the provisions of this
Circular or improperly expresses the fuel consumption rate specified in the
Certificate of fuel consumption rate or the registration of fuel consumption
rate in case of self-announcement of energy label.
2. The QCA shall make a decision
on revocation of Certificate of fuel consumption rate and post the information
on its website when the manufacturing and
assembling establishments and the importing and trading establishments commit
the violation of one of the cases as follows:
a) Being fraudulent in the dossier
for registration of inspection and certification of fuel consumption rate.
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Chapter IV
IMPLEMENTATION
PROVISION
Article 15.
Responsibility of Vietnam Register – Ministry of Transport
1. Appointing a qualified testing
establishment to carry out the testing of fuel consumption rate under the
provisions in Clause 10, Article 3 and 6 of this Circular.
2. Providing instructions and
receiving dossier for registration of inspection and certification of fuel
consumption rate and energy labelling for the types of automobile specified in
this Circular.
3. Announcing and updating the
list of testing establishments that are apppointed by the Vietnam Register and
the General Department of Energy in accordance with the provisions in Clause 1
of this Article and Article 16 of this Circular; announcing information related
to the fuel consumption rate of types of automobile issued with Certificate or
registered for self-announcement on the website of the Vietnam Register.
4. Cooperating with the competent
authorities to settle the complaints and disputes related to the registration
for inspection and certification of fuel consumption rate.
5. Periodically or irregularly
inspecting the energy labelling and testing of fuel consumption measurement.
6. Summarizing the result
inspection of energy labelling and making periodical report to the Ministry of
Transport and the Ministry of Industry and Trade before February 15 of each
year.
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1. Appointing a qualified testing
establishment to carry out the testing of fuel consumption rate under the provisions
in Clause 10, Article 3 and 6 of this Circular.
2. Announcing and updating the
list of testing establishments that are appointed by the General Department of
Energy as stipulated in Clause 1 of this Article on its website while notifying
the QCA.
Article 17.
Responsibility of the automobile manufacturing
and assembling establishments and the importing and trading establishments
1. Implementing the energy
labelling for the automobiles in accordance with provisions of this Circular before
introducing them into the market.
2. Taking responsibility for the
accuracy and truthfulness of dossier and documents provided for the QCA.
3. Promptly notify the QCA of the
changes affecting the fuel consumption rate of the types of automobile and conducting
the re-registration as stipulated in Article 8 and 9 of this Circular.
4. Fully satisfying the
requirements for the information announcement in accordance with the provisions
from Point a to Point c, Clause 1, Article 13 of this Circular.
5. The manufacturing
and assembling establishments and the importing establishments shall make
periodical reports and send them to the QCA before January
15 of each year under the form specified in Annex VII issued with this
Circular.
6. The manufacturing
and assembling establishments should maintain the manufacturing conditions for
mass manufacturing with the types of automobile which have been certified the
energy consumption rate.
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The collection of fees and charges
related to the inspection and certification of energy labelling is done in
accordance with regulations of law.
Article 19.
Effect
1. This Circular takes effect from
December 01, 2014.
2. Roadmap for application of
energy labelling:
a) For types of manufactured,
assembled and newly imported automobile: Applicable from January 01, 2015.
b) For cases of registration for
self-announcement of fuel consumption rate and energy labelling specified in
Clause 1, Article 5 of this Circular: Applicable from January 01, 2015 to the
end of December 31, 2015.
3. The centers and division of
emission testing must perform the work under QCVN 05:2009/BGTVT. From before
January 01, 2015, they are entitled to combine the testing of automobile fuel
consumption rate with the emission testing and must meet the requirements
specified in Article 16 of this Circular before January 01, 2016.
4. Where the documents, materials,
technical regulations and standards referred in this Circular are amended,
added or superseded, the documents which are amended, added or superseded shall
apply.
Article 20. Responsibility
for implementation
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2. Any problem arising during the
implementation of this Circular should be promptly reported to the Ministry of
Transport for discuss and agreement with the Ministry of Industry and
Trade for consideration and settlement./.
FOR THE MINISTER OF TRANSPORT
DEPUTY MINISTER
Le Dinh Tho
FOR THE MINISTER OF INDUSTRY AND TRADE
DEPUTY MINISTER
Cao Quoc Hung