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THE MINISTRY
OF TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
44/2012/TT-BGTVT
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Hanoi, October
23, 2012
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CIRCULAR
ON THE INSPECTION
OF THE TECHNICAL QUALITY, SAFETY, AND ENVIRONMENT PROTECTION OF IMPORTED
MOTORBIKES, AND IMPORTED ENGINES FOR MOTORBIKE MANUFACTURE AND ASSEMBLY
Pursuant to the Law on Road traffic dated
November 13th 2008;
Pursuant to the Law on Product and goods quality
dated November 21st 2007;
Pursuant to the Government's Decree No.
132/2008/NĐ-CP dated December 31st 2008, detailing the
implementation of a number of articles of the Law on Product and goods quality;
Pursuant to the Government's Decree No.
51/2008/NĐ-CP dated April 22nd 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Transport;
At the proposal of the Director of the
Department of Science and Technology, and the Director of the Vietnam Register,
The Minister of Transport promulgates a
Circular on the inspection of the technical quality, safety, and environment
protection of imported motorbikes, and imported engines for motorbike
manufacture and assembly.
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GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Circular deals with the inspection of
the technical safety and quality, and environment protection of imported CBU
motorbikes (hereinafter referred to as motorbikes), and imported CBU engines
(hereinafter referred to as engines) for motorbike manufacture and assembly.
2. This Circular is not applicable to:
a) Imported motorbikes and engines serving the
National defense and security of the Ministry of National Defense and the
Ministry of Public Security;
b) Imported motorbike serving other purposes,
not participating in road traffic.
Article 2. Subjects of application
This Circular is applicable to organizations and
individuals that import motorbikes, engines, and the organizations relevant to
the management, inspection and testing of motorbikes and engines.
Article 3. Interpretation of terms
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1. Motorbikes are road motor vehicles prescribed
in the National Technical Regulation QCVN 14 : 2011/BGTVT, on the technical
quality, safety, and environment protection of motorbikes.
2. Motorbikes and engines of the same type are
motorbikes and engines under the same industrial ownership, having same make,
design, specifications, and being produced from the same technological line.
3. The quality-inspecting agency: the Vietnam
Register affiliated to the Ministry of Transport is the State agency in charge
of organizing, managing, and inspecting the technical quality, safety, and
environment protection of the motorbikes and engines regulated by this Circular
(hereinafter referred to as quality-inspecting agency)
4. Testing agency is a qualified agency
appointed to test motorbikes and parts thereof according to corresponding
National Technical Regulation and relevant legal documents.
Chapter 2.
THE ORDER AND CONTENT OF THE TEST ON TECHNICAL
QUALITY, SAFETY, AND ENVIRONMENT PROTECTION
Article 4. The dossier of application for the
test
1. The dossier of application for inspecting the
motorbikes includes:
a) The application for inspecting the quality of
imported motorbikes (hereinafter referred to as the application for inspection)
using the form in Annex I promulgated together with this Circular;
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c) The documents from the producer introducing
the technical features of the imported motorbikes, expressing the primary
specifications about: about the sizes quantity, seats, maximum speed, type of transmission,
clutch, gearbox, tire, and basic specification of the engine: maximum power
corresponding to the rotational speed of the engine, the working volume of the
engine, and the type of fuel used;
d) The photocopy of one of the following documents
relating to emissions (if any) that are certified by the importer:
- The report on emission test issued to the type
of motorbikes by foreign competent agencies, providing the results of the tests
prescribed in the current National Technical Regulation.
- The certificate of the conformity to the
regulation on emission issued to the type of motorbikes by foreign competent
agencies, as long as such regulations are equivalent to or higher than the
current National Technical Regulation.
The requirement for documents relating to
emissions of motorbikes is not applicable to the subjects prescribed in Clause
5 Article 6 of this Circular.
dd) The statement of specifications and
technical features of motorbikes (only applicable when the introduction
documents does not provide sufficient information prescribed in Point c this
Clause) using the form in Annex II promulgated together with this Circular.
2. The dossier of application for inspecting the
engines includes:
a) The application for inspecting the quality of
imported engines (hereinafter referred to as the application for inspection)
using the form in Annex I promulgated together with this Circular;
b) The photocopy of the import documents
certified by the importer, including: the import statement, commercial
invoices, or the equivalent papers related to the goods value;
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d) The statement of specifications and technical
features of engines (only apply when the introduction documents does not
provide sufficient information prescribed in Point c this Clause) using the
form in Annex III promulgated together with this Circular.
3. Exemptions:
a) The types of motorbikes or engines that have
been inspected by the quality-inspecting agency, and issued with the
Certificate of technical quality, safety, and environment protection may not
submitting the documents prescribed in Point c, Point d, Point dd Clause 1 and
Point c, Point d, Clause 2 this Article.
b) The documents such as: the import statement,
the sheet of technical features and specifications; the documents related to
the motorbike emissions may be submitted by the importer before the inspection.
Article 5. The method and content of
inspection
1. The method of inspection: the inspection is
carried out by testing samples of each imported consignment of the same type
(hereinafter referred to as consignments) The samples being inspected are
motorbikes or engines randomly taken by the quality-inspecting agency in a
consignment. The quantity of samples depend on the amount of goods in a
consignment. In particular:
No.
Quantity of
motorbikes or engines in a consignment
(unit: pieces)
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(unit: pieces)
1
1 - 100
01
2
100 - 500
02
3
> 500
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2. The testing content:
a) The motorbikes shall be tested in accordance
with the National Technical Regulation QCVN 14 :
2011/BGTVT.
- The components in Section 2.4.1, 2.5.1, 2.6.1,
2.6.2, 2.11.2, 2.15.3, 2.16.3, 2.17.1.4 are exempted from testing;
- The test for motorbike emissions prescribed in
section 2.18.1 is carried out when:
+ The motorbike has no documents about emissions
as prescribed in Point d Clause 1 Article 4 of this Circular;
+ The motorbike has documents about emissions,
but the documents do not adequately express the tests on such type of
motorbikes as prescribed in the National Technical Regulation QCVN 04 :
2009/BGTVT “National Technical Regulation on emissions of motorbikes produced,
assembled, and imported";
+ The motorbike structure is not consistent with
the documents about emissions.
- The evaporation test prescribed in QCVN 04 :
2009/BGTVT is exempted.
b) The test on engines are carried out in
accordance with the National Technical Regulation QCVN 37 : 2010/BGTVT –
National Technical Regulation on motorbike engines.
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4. The samples shall be exempted from the test
in the following cases:
a) Such types of motorbikes have been tested
according to the mutual recognition agreement on the standards and conformity
to which Vietnam is a signatory;
b) The types of motorbikes and engines imported
by the same importer that have been tested and issued with the certificate of
quality.
In case the consignments prescribed in Point a
and b this Clause do not ensure the quality, the quality-inspecting agency
shall test the samples as prescribed in Clause 1 Clause 2, and Clause 3 this
Article.
5. Testing the motorbikes imported or
temporarily imported not for commercial purposes
a) Applicable to the following subjects:
- The motorbikes imported as movable assets as
prescribed by law;
- Imported motorbikes being non-refundable aid
or donations to agencies, organizations and individuals;
- Imported motorbikes under the separate
regulations of the Prime Minister.
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Article 6. The procedure for issuing the
certificate of the import quality
1. The importer shall submit 01 dossier of
application for inspection to the quality-inspecting agency as prescribed in
Article 4 of this Circular;
2. The quality-inspecting agency shall receive
and check the dossier of application. If the dossier of application for
inspection is not complete as prescribed, the quality-inspecting agency shall
guide the importer to complement it; if the dossier is complete, the
quality-inspecting agency shall certify on the application for inspection
within 01 working day, and reach an agreement with the importer on the
inspection time and location;
3. The quality-inspecting agency shall inspect
the imported motorbikes and engines at the location agreed with the importer.
Within 05 working days as from the end of the inspection and the importer has
completely submitted the dossier as prescribed, the quality-inspecting agency
shall issue the Certificate of quality or the Notice of inferior quality as
follows:
For motorbikes and engines of high quality that
have sufficient documents as prescribed, the quality-inspecting agency shall
issue the Certificate of quality using the corresponding forms in Annex IVa and
IVb promulgated together with this Circular.
During the inspection, if the quality-inspecting
agency is officially informed by the producer or the foreign vehicle management
agency that the motorbikes must be recalled for repairing and rectifying the
defects, the quality-inspecting agency shall only issue the certificate of
import quality after the importer make a written commitment enclosed with the
written certification of the producer or an agency authorized by the producer
that the imported motorbikes have been repaired and are safe.
b) For the motorbikes and engines that are not
conformable with the current National Technical Regulation, the
quality-inspecting agency shall request the importer to rectify them within 30
days as from the notice is issued. If the importer fails to rectify after
this deadline, the quality-inspecting agency shall issue the Notice of inferior
import quality using the corresponding form in Annex Va and Vb enclosed with
this Circular.
Chapter 3.
IMPLEMENTATION PROVISIONS
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1. Take responsibility for the accuracy of the
documents provided for the quality-inspecting agency.
2. Preserve the status quo of motorbikes and
engines for the quality-inspecting agency to carry out the inspection and the
test at the location agreed by with the importer.
3. Pay the fees for the inspection, test, and
issue of the Certificate of quality as prescribed by current regulations.
Article 8. Responsibility of The Vietnam
Register
1. Guide the importers to satisfy the
requirements for technical quality, safety, and environment protection of
imported motorbikes and engines.
2. Unify the issue and management of
certificate.
3. Organize the inspection and tests on
motorbikes and engines in accordance with the current National Technical
Regulation.
4. Guide the process of inspecting the technical
quality and safety and environment protection as prescribed by this Circular.
5. Collect the fees for the inspection and the
issue of the Certificate of quality as prescribed by current regulations.
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7. Periodically summarize and report the quality
inspection results of imported motorbikes and engines to the Ministry of
Transport.
Article 9. Effects
1. This Circular takes effect on January 01st
2013.
2. The following documents are annulled:
a) The Decision No. 57/2007/QĐ-BGTVT dated
November 21st 2007 of the Minister of Transport, promulgating the
Regulation on the inspection of technical quality, safety, and environment
protection of imported motorbikes and engines for motorbike production and
assembly;
b) Article 1 of the Circular No.
29/2011/TT-BGTVT dated April 15th 2011 of the Minister of Transport,
amending and supplementing a number of articles of the Regulation on the
inspection of technical quality, safety, and environment protection of imported
motorbikes and engines for motorbike production and assembly, promulgated
together with the Decision No. 57/2007/QĐ-BGTVT dated November 21st
2007 of the Minister of Transport, and the Regulation on the inspection of
technical quality, safety, and environment protection in the production and
assembly of motorbikes promulgated together with the decision No.
58/2007/QĐ-BGTVT dated November 21st 2007 of the Minister of
Transport.
3. The Certificates of quality issued before
this Circular takes effect are still valid.
4. When the documents referred to in this
Circular is changed or amended, the new documents shall apply.
Article 10. Implementation organization
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THE MINISTER
Dinh La Thang