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THE MINISTRY OF
TRANSPORT OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
49/2023/TT-BGTVT
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Hanoi, December
31, 2023
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CIRCULAR
AMENDMENTS TO
CIRCULARS ON TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL PROTECTION INSPECTION
FOR MANUFACTURED, ASSEMBLED AND IMPORTED MOTOR VEHICLES, TRANSPORT CONSTRUCTION
MACHINERY, LOW-SPEED VEHICLES, 4-WHEELED CARGO MOTOR VEHICLES AND ELECTRIC
BICYCLES
Pursuant to the Law on road traffic dated
November 13, 2008;
Pursuant to the Law on Quality of Products and
Goods dated November 21, 2007;
Pursuant to the Law on Environmental Protection
dated November 17, 2020;
Pursuant to the Law on Foreign Trade Management
dated June 12, 2017;
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.
74/2018/ND-CP dated May 15, 2018 providing amendments to the Government’s
Decree No.132/2008/ND-CP dated December 31, 2008 on elaboration of the Law
on quality of goods and products;
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Pursuant to the Government’s Decree No.
69/2018/ND-CP dated May 15, 2018 on elaboration of the Law on Foreign Trade
Management;
Pursuant to the Government’s Decree No.
56/2022/ND-CP dated August 24, 2022 defining the functions, tasks, powers and
organizational structure of the Ministry of Transport of Vietnam;
At the request of the Director General of Science,
Technology and Environment Department, and of Director General of Vietnam
Register;
The Minister of Transport of Vietnam promulgates
a Circular providing amendments to Circulars on technical safety quality and
environmental protection inspection for manufactured, assembled and imported
motor vehicles, transport construction machinery, low-speed vehicles, 4-wheeled
cargo motor vehicles and electric bicycles.
Article 1. Amendments to Circular No.
25/2019/TT-BGTVT dated July 05, 2019 of Minister of Transport of Vietnam
prescribing technical safety quality and environmental protection inspection in
manufacturing and assembly of automobiles (hereinafter referred to as “Circular
No. 25/2019/TT-BGTVT”)
1. Points a and c clause 2 Article 5 are amended as
follows:
a) Point a clause 2 Article 5 is amended as
follows:
“a) The designing facility shall prepare a design
dossier and send it directly, by post or through the online public service
system to the quality control agency.
In case of submission through the online public
service system: 01 set of electronic design dossier as prescribed in clause 1
Article 4 of this Circular shall be submitted.
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b) Point c clause 2 Article 5 is amended as
follows:
“c) The quality control agency shall examine
and compare contents of the design dossier with current national technical
regulations, standards and regulations of the Minister of Transport of Vietnam
on technical safety and environmental protection for automobiles within 10
working days from the receipt of the design dossier. Within 03 working days
from the day on which the design dossier appraisal results are available, if
the design dossier is satisfactory, the quality control agency shall issue a
design appraisal certificate which is made using the form in Appendix III
enclosed herewith.
If the design dossier is adequate but contains
unsatisfactory contents, the quality control agency shall give a written
notice, or give a notice through the online public service system, of such
unsatisfactory contents and reasons therefor to the designing facility for its
modification of the design dossier. The designing facility shall modify and
submit a complete design dossier to the quality control agency within 30
working days from its receipt of notice. Within 10 working days from the
receipt of an adequate and complete design dossier, the quality control agency
shall examine and compare contents of the design dossier with current national
technical regulations, standards and regulations of the Minister of Transport
of Vietnam on technical safety and environmental protection for automobiles.
Within 03 working days from the day on which the design dossier appraisal results
are available, if the design dossier is satisfactory, the quality control
agency shall issue a design appraisal certificate which is made using the form
in Appendix III enclosed herewith; if the design dossier is unsatisfactory, the
quality control agency shall give a written notice, or give a notice through
the online public service system, of its refusal to issue a design appraisal
certificate, in which reasons for such refusal must be clearly indicated. If
the designing facility fails to modify unsatisfactory contents of the design
dossier within 30 days from the date of the notice, the quality control agency
shall terminate its appraisal process and give a written notice, or give a
notice on the online public service system, of its refusal to issue a design
appraisal certificate. In order to have its design dossier duly appraised, the
designing facility must repeat the foregoing procedures from the first step;”.
2. Point dd clause 2
Article 7 is amended as follows:
“dd) A list of domestically manufactured and
imported parts and systems used for automobile manufacturing and assembly which
is made using the form in Appendix VI enclosed herewith and accompanied by any
of corresponding documents of each component (except engine) subject to
inspection, testing and certification. Such documents include: a copy of
unexpired type approval certificate for components issued by the quality
control agency; unexpired notice of exemption from technical safety quality and
environmental protection inspection for imported components as prescribed in
the Government’s Decree No. 60/2023/ND-CP dated August 16, 2023
prescribing technical safety quality and environmental protection inspection
and certification for imported automobiles and components under international
conventions to which Vietnam is a signatory (hereinafter referred to as “notice
of inspection exemption for components under Decree No. 60/2023/ND-CP
dated August 16, 2023”); a copy of certification given by a foreign component
manufacturer accompanied by documents certifying conformity with quality
standards of imported components under agreements of a country or territory
with which Vietnam has entered into mutual recognition arrangement for
certification of motor vehicles; a copy of certification given by a lawful
representative in Vietnam of the foreign component manufacturer, accompanied by
a copy of unexpired type approval certificate issued by the competent quality
control agency.”.
3. Point c clause 1 Article
9 is amended as follows:
“c) The quality control agency shall check
the received application and COP assessment results within 07 working days. If
the received application is adequate and valid, and COP assessment results are
satisfactory, the quality control agency shall issue a Certificate as prescribed
in point d of this clause. If the received application is invalid, the quality
control agency shall request the manufacturer to modify it. If COP assessment
results are not available, the quality control agency shall request the
applicant to carry out COP assessment as prescribed in Article 8 of this
Circular.
The applicant shall modify its application
(including conduct of COP assessment, if such COP assessment results are not
available) and submit it to the quality control agency within 6 months from the
date of the request. Within 07 working days from the receipt of an adequate
application and COP assessment results, the quality control agency shall check
them. If the received application is adequate and valid, and COP assessment
results are satisfactory, the quality control agency shall issue a Certificate
as prescribed in point d of this clause. If there are any unsatisfactory
contents, the quality control agency shall give a notice of its refusal to
issue the Certificate, in which reasons for such refusal must be clearly
indicated, to the applicant. If the applicant fails to modify unsatisfactory
contents as stated in the request within 6 months from the date of the request,
the quality control agency shall terminate its consideration of the received
application or COP assessment results, and give a written notice, or give a
notice through the online public service system, of its refusal to issue the
Certificate. In order to obtain a Certificate, the applicant must repeat the
foregoing procedures from the first step.”.
4. Clause 2 Article 10 is
amended as follows:
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a) an unexpired certificate for components; or
b) an unexpired notice of inspection exemption for
components under Decree No. 60/2023/ND-CP dated August 16, 2023.”.
Article 2. Amendments to and abrogation of some
Articles of Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of Minister of
Transport of Vietnam prescribing technical safety quality and environmental
protection inspection in manufacturing and assembly of motor vehicles
(hereinafter referred to as “Circular No. 30/2011/TT-BGTVT”), Circular No. 54/2014/TT-BGTVT
dated October 20, 2014 of Minister of Transport of Vietnam providing amendments
to Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of Minister of Transport
of Vietnam prescribing technical safety quality and environmental protection
inspection in manufacturing and assembly of motor vehicles (hereinafter
referred to as “Circular No. 54/2014/TT-BGTVT”) and Circular No.
16/2022/TT-BGTVT dated June 30, 2022 of Minister of Transport of Vietnam
amending Circulars prescribing vehicle registration (hereinafter referred to as
“Circular No. 16/2022/TT-BGTVT”)
1. Point d clause 6 Article
5 of Circular No. 30/2011/TT-BGTVT, as amended in point c clause 4 Article 1 of
the Circular No. 16/2022/TT-BGTVT, is amended as follows:
“d) Processing time-limit: The design appraisal
will be made within 08 working days from the receipt of an adequate design
dossier as prescribed. If the design dossier is satisfactory according to
appraisal results, the quality control agency shall issue a design appraisal
certificate which is made using the form in Appendix III enclosed herewith
within 03 working days from the day on which the design dossier appraisal
results are available.
If the design dossier is adequate but contains
unsatisfactory contents, the quality control agency shall give a written
notice, or give a notice through the online public service system, of such
unsatisfactory contents and reasons therefor to the designing facility for its
modification of the design dossier. The designing facility shall modify and submit
a complete design dossier to the quality control agency within 30 working days
from its receipt of notice. Within 08 working days from the receipt of an
adequate design dossier, the quality control agency shall check it and carry
out design appraisal. Within 03 working days from the day on which the design
dossier appraisal results are available, if the design dossier is satisfactory,
the quality control agency shall issue a design appraisal certificate which is
made using the form in Appendix III enclosed herewith; if the design dossier is
unsatisfactory, the quality control agency shall give a written notice, or give
a notice through the online public service system, of its refusal to issue a
design appraisal certificate, in which reasons for such refusal must be clearly
indicated. If the designing facility fails to modify unsatisfactory contents of
the design dossier within 30 days from the date of the notice, the quality
control agency shall terminate its appraisal process and give a written notice,
or give a notice on the online public service system, of its refusal to issue a
design appraisal certificate. In order to have its design dossier duly
appraised, the designing facility must repeat the foregoing procedures from the
first step;”.
2. Point c clause 1 Article
8 of Circular No. 30/2011/TT-BGTVT, as amended in clause 5 Article 1 of the
Circular No. 54/2014/TT- BGTVT, is abrogated.
3. The third dash of point
a clause 2 Article 9 of the Circular NO. 30/2011/TT-BGTVT is amended as
follows:
“- Vietnam Register shall check the received
application and COP assessment results within 07 working days. If the received
application is adequate and valid, and COP assessment results are satisfactory,
Vietnam Register shall issue a Certificate as prescribed in point d of this
clause. If the received application is invalid, Vietnam Register shall give a
notice to the applicant for modification. If COP assessment results are not
available, Vietnam Register shall give a notice requesting the applicant to
carry out COP assessment as prescribed in Article 8 of this Circular.
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4. Appendix IV and Appendix
VII enclosed with the Circular No. 30/2011/TT-BGTVT (as amended in clause 12
Article 1 of the Circular No. 54/2014/TT-BGTVT) are replaced with the
corresponding Appendix 1 and Appendix 2 enclosed herewith.
5. Appendix IX enclosed
with the Circular No. 30/2011/TT-BGTVT is replaced with Appendix 3 enclosed
herewith.
Article 3. Amendments to and abrogation of some
Articles of Circular No. 45/2012/TT-BGTVT dated October 25, 2012 of Minister of
Transport of Vietnam prescribing technical safety quality and environmental
protection inspection in manufacturing and assembly of motorcycles and mopeds
(hereinafter referred to as “Circular No. 45/2012/TT-BGTVT”), Circular No.
42/2018/TT-BGTVT dated July 30, 2018 of Minister of Transport of Vietnam
amending Circulars prescribing vehicle registration (hereinafter referred to as
“Circular No. 42/2018/TT-BGTVT”) and Circular No. 16/2022/TT-BGTVT dated June
30, 2022 of Minister of Transport of Vietnam amending Circulars prescribing
vehicle registration (hereinafter referred to as “Circular No.
16/2022/TT-BGTVT”)
1. Point c clause 1 Article
6 of the Circular No. 45/2012/TT-BGTVT is abrogated.
2. Clause 3 Article 7 of
Circular No. 45/2012/TT-BGTVT, as amended in clause 1 Article 7 of the Circular
No. 42/2018/TT- BGTVT, is amended as follows:
“3. The quality control agency shall check the
received application and COP assessment results within 07 working days. Within
03 working days upon completion of the check, if the application is adequate
and valid and COP assessment results are satisfactory, the quality control
agency shall issue a Certificate using the corresponding form in Appendix VIIa
or VIIb enclosed herewith. If the received application is invalid, the quality
control agency shall request the manufacturer to modify it. If COP assessment
results are not available, the quality control agency shall request the
applicant to carry out COP assessment as prescribed in Article 6 of this
Circular.
The applicant shall modify its application
(including conduct of COP assessment, if such COP assessment results are not
available) and submit it to the quality control agency within 6 months from the
date of the request. Within 07 working days from the receipt of an adequate
application and COP assessment results, the quality control agency shall check
them. If the application is adequate and valid as prescribed and COP assessment
results are satisfactory, the quality control agency shall issue a Certificate
using the corresponding form in Appendix VIIa or VIIb enclosed herewith within
03 working days upon completion of the check; if there are unsatisfactory
contents, the quality control agency shall give a notice of its refusal to
issue a Certificate, in which reasons for such refusal must be clearly
indicated, to the applicant. If the applicant fails to modify unsatisfactory
contents as stated in the request within 6 months from the date of the request,
the quality control agency shall terminate its consideration of the received
application or COP assessment results, and give a written notice, or give a
notice through the online public service system, of its refusal to issue the
Certificate. In order to obtain a Certificate, the applicant must repeat the
foregoing procedures from the first step.”.
3. The second dash of point a clause 3 Article 8,
clause 7 Article 8 are amended and clause 8 is added to Article 8 of the
Circular No. 45/2012/TT-BGTVT as follows:
a) The second dash of point a clause 3 Article 8 of
the Circular No. 45/2012/TT-BGTVT is amended as follows:
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b) Clause 7 Article 8 of the Circular No.
45/2012/TT-BGTVT is amended as follows:
“7. The manufacturer shall prepare and issue 01 set
of the following documents to each finished vehicle:
a) Pre-release quality inspection certificate as
prescribed in clause 6 of this Article;
b) Owner’s manual in Vietnamese which indicates
basic specifications of the vehicle and instructions for use of the vehicle;
c) Warranty handbook or warranty card in Vietnamese
in which warranty conditions, and names and addresses of warranty and
maintenance service centers are provided.”.
c) Clause 8 is added to Article 8 of the Circular
No. 45/2012/TT-BGTVT as follows:
“8. Chassis number, engine number:
a) The manufacturer shall not use the chassis or
engine on which the chassis number or engine number is removed, altered or
re-stamped for vehicle manufacturing or assembly, except the case in point b of
this clause;
b) The domestically stamped chassis number or
engine number has errors due to workers’ operation or is blurred or illegible,
the manufacturer shall keep its status quo and give a written notice thereof to
the quality control agency. The quality control agency shall conduct inspection
and, if there are no signs of the violation mentioned in point a of this
clause, give a written notice to the manufacturer to re-stamp the chassis
number or engine number, or, if any violations are found, request the
manufacturer in writing not to use the chassis or engine on which the chassis
number or engine number is removed, altered or re-stamped for vehicle
manufacturing or assembly.”.
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a) Points d, dd and e are added to clause 3 Article
10 of Circular No. 45/2012/TT-BGTVT as follows:
“d) The manufacturer is dissolved or declared
bankrupt in accordance with regulations of law;
dd) The manufacturer has forged any documents, or
provided inaccurate information on specifications or features of the product
type, or on the manufacturer or manufacturing country, in the application for
type approval certificate.
e) The release of products of this type has been
suspended for more than 06 months as prescribed in clause 4 of this Article but
the manufacturer still fails to remedy their violations.".
b) Clauses 4 and 5 are added Article 10 of the
Circular No. 45/2012/TT-BGTVT as follows:
“4. Suspension of a product type
The quality control agency shall send a written
notice requesting the manufacturer to suspend its release of products and
issuance of pre-release quality inspection certificates to vehicles (release
suspension) in respect to a product type in any of the following cases:
a) The manufacturer commits any of the following
violations: failure to maintain the guarantee of product quality as prescribed;
failure to carry out product quality inspection according to their issued
procedures and guidelines for quality inspection; management and use of release
certificates against regulations; failure to prepare adequate release dossiers
for products; failure to cooperate in ad hoc inspections or verification of
product errors;
b) Products to be released do not meet relevant
technical regulations/standards or are not conformable with the application for
quality certificate and typical sample of the product type to which a
Certificate has been issued;
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d) There are violations regarding the chassis
number or engine number as prescribed in clause 8 Article 8 of this Circular.
5. During the period of suspension as prescribed in
clause 4 of this Article, the manufacturer shall not be allowed to release
products and issue quality inspection certificates to products of the suspended
type for placing on the market, but must rectify such violations within a
maximum duration of 06 months from the date on which the quality control agency
issues a notice of release suspension. The quality control agency shall examine
and carry out inspection when receiving the manufacturer’s notice of completion
of its rectification of violations, and, if such violations have been satisfactorily
rectified, cancel the release suspension and notify the manufacturer in
writing. If the manufacturer fails to rectify violations within the foregoing
time limit, the type approval certificate issued to such products will be
invalidated as prescribed in clause 3 of this Article.”.
5. Clause 4 Article 15 of
the Circular No. 45/2012/TT-BGTVT is amended as follows:
“4. Organize periodical or ad hoc inspection of the
manufacturer’s guarantee of quality and use of pre-release quality inspection
certificates.”.
6. Clause 3 Article 16 of
the Circular No. 45/2012/TT-BGTVT is amended as follows:
“3. Cooperate with quality control agencies during
inspection and assessment of product quality, guarantee of product quality, and
management and use of pre-release quality inspection certificates.”.
7. Appendix VI enclosed
with the Circular No. 45/2012/TT- BGTVT is replaced with Appendix 4 enclosed
herewith.
Article 4. Amendments to and abrogation of some
Articles of Circular No. 16/2014/TT-BGTVT dated May 13, 2014 of Minister of
Transport of Vietnam prescribing conditions for 4-wheeled cargo motor vehicles
and operators thereof (hereinafter referred to as “Circular No.
16/2014/TT-BGTVT”), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of
Minister of Transport of Vietnam amending Circulars prescribing vehicle
registration (hereinafter referred to as “Circular No. 42/2018/TT-BGTVT”) and
Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of Minister of Transport of
Vietnam amending Circulars prescribing vehicle registration (hereinafter
referred to as “Circular No. 16/2022/TT-BGTVT”)
1. Point c clause 1 Article
6 of the Circular No. 16/2014/TT-BGTVT is abrogated.
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“3. Vietnam Register shall check the received
application and COP assessment results within 07 working days. Within 03
working days upon completion of the check, if the application is adequate and
valid and COP assessment results are satisfactory, the Vietnam Register shall
issue a Certificate using the corresponding form in Appendix VIIa or VIIb
enclosed herewith. If the received application is invalid, Vietnam Register
shall give a notice to the applicant for modification. If COP assessment
results are not available, Vietnam Register shall give a notice requesting the
applicant to carry out COP assessment as prescribed in Article 6 of this Circular.
The applicant shall modify its application
(including conduct of COP assessment, if such COP assessment results are not
available) and submit it to Vietnam Register within 6 months from the date of
the notice. Within 07 working days from the receipt of an adequate application
and COP assessment results, Vietnam Register shall check them. If the
application is adequate and valid as prescribed and COP assessment results are
satisfactory, the Vietnam Register shall issue a Certificate using the corresponding
form in Appendix VIIa or VIIb enclosed herewith within 03 working days upon
completion of the check; if there are unsatisfactory contents, Vietnam Register
shall give a notice of its refusal to issue a Certificate, in which reasons for
such refusal must be clearly indicated, to the applicant. If the applicant
fails to modify unsatisfactory contents as stated in the notice within 6 months
from the date of the notice, Vietnam Register shall terminate its consideration
of the received application or COP assessment results, and give a written
notice, or give a notice through the online public service system, of its
refusal to issue the Certificate. In order to obtain a Certificate, the
applicant must repeat the foregoing procedures from the first step.”.
3. Clause 3 Article 21 of
the Circular No. 16/2014/TT-BGTVT is amended as follows:
“3. Carry out recall of products according to
provisions of Article 16 of the Circular No. 25/2019/TT-BGTVT dated July 05,
2019 of Minister of Transport of Vietnam prescribing technical safety quality
and environmental protection inspection in manufacturing and assembly of
automobiles.".
Article 5. Amendments to and abrogation of some
Articles of Circular No. 41/2013/TT-BGTVT dated November 05, 2013 of Minister
of Transport of Vietnam prescribing technical safety quality inspection for
electric bicycles (hereinafter referred to as “Circular No. 41/2013/TT-BGTVT”),
Circular No. 19/2014/TT-BGTVT dated May 28, 2014 of Minister of Transport of
Vietnam providing amendments to Circular No. 23/2009/TT-BGTVT dated October 15,
2009 of Minister of Transport of Vietnam prescribing technical safety quality
and environmental protection inspection for transport construction machinery,
Circular No. 44/2012/TT- BGTVT dated October 23, 2012 of Minister of Transport
of Vietnam prescribing technical safety quality and environmental protection
inspection for imported motorcycles and mopeds, and imported engines used for
manufacturing and assembly of motorcycles and mopeds, and Circular No. 41/2013/TT-BGTVT
dated November 05, 2013 of Minister of Transport of Vietnam prescribing
technical safety quality inspection for electric bicycles (hereinafter referred
to as “Circular No. 19/2014/TT-BGTVT”), Circular No. 42/2018/TT-BGTVT dated
July 30, 2018 of Minister of Transport of Vietnam amending Circulars
prescribing vehicle registration (hereinafter referred to as “Circular No.
42/2018/TT-BGTVT”) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of
Minister of Transport of Vietnam amending Circulars prescribing vehicle
registration (hereinafter referred to as “Circular No. 16/2022/TT-BGTVT”)
1. Point c clause 1 Article
5 of Circular No. 41/2013/TT-BGTVT, as amended in clause 1 Article 5 of the
Circular No. 16/2022/TT-BGTVT BGTVT, is abrogated.
2. Points b and c Clause 1
Article 8 of Circular No. 41/2013/TT-BGTVT, as amended in clause 2 Article 5 of
the Circular No. 42/2018/TT-BGTVT BGTVT, is amended as follows:
“b) The quality control agency shall receive and
examine components of the received application. If the application does not
contain adequate documents as prescribed, within 01 working day, in case of
direct submission, or within 02 days from the receipt of the application which
is submitted through the online public service system, the quality control
agency shall return it and give specific instructions to the applicant for
modification. If the application contains adequate documents as prescribed, the
quality control agency shall accept it for further consideration.
c) The quality control agency shall check the
received application and COP assessment results within 07 working days. Within
03 working days upon completion of the check, if the application is adequate
and valid and COP assessment results are satisfactory, the quality control
agency shall issue a Certificate using the corresponding form in Appendix IIIa
enclosed herewith. If the received application is invalid, the quality control
agency shall request the applicant to modify it. If COP assessment results are
not available, the quality control agency shall request the applicant to carry
out COP assessment as prescribed in Article 6 of this Circular.
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3. Point c clause 2 Article 8 of Circular No.
41/2013/TT-BGTVT, as amended in point c clause 4 Article 5 of the Circular No.
16/2022/TT-BGTVT, is amended, and point dd is added to clause 2 Article 8 of
Circular No. 41/2013/TT-BGTVT as follows:
a) Point c clause 2 Article 8 of Circular No.
41/2013/TT- BGTVT, as amended in point c clause 4 Article 5 of the Circular No.
16/2022/TT-BGTVT BGTVT, is amended as follows:
“c) The quality control agency shall carry out
inspection and consider results of testing for vehicles according to Article 7
hereof. Within 4 working days upon completion of inspection and after
documents have been adequately provided as prescribed, the quality control
agency shall issue a Certificate using the form in Appendix IIIb enclosed
herewith, in case of satisfactory inspection and testing results; or issue a
notice of non-conformity with quality standards for imported vehicles using the
form in Appendix IIIc enclosed herewith, in case of unsatisfactory inspection
and testing results.”.
b) Point dd is added to Clause 2 Article 8 of the
Circular No. 41/2013/TT-BGTVT as follows:
“dd) If imported vehicles are damaged while
they are transported from a foreign country to Vietnam, the importer may
rectify the following errors, including: the vehicle paint is scratched or
locally oxidized but its hull is not holed; rearview mirrors are cracked or broken;
lighting or signaling system is cracked or broken; there is lack of control
relays; battery fails.”.
4. Point dd is added to
Clause 1 Article 9 of the Circular No. 41/2013/TT-BGTVT as follows:
“dd) When placing vehicles which have undergone
release inspection and given conformity stamps on the market, owner's manual
(which must contain basic specifications and instructions for use of the
vehicle) and warranty cards (indicating warranty conditions and addresses of
warranty service centers) must be provided.".
5. Points d, dd and e are
added to clause 3 Article 11, and clauses 4 and 5 are added to Article 11 of
the Circular No. 41/2013/TT-BGTVT as follows:
a) Points d, dd and e are added to clause 3 Article
11 of Circular No. 41/2013/TT-BGTVT as follows:
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dd) The manufacturer has forged any documents, or
provided inaccurate information on specifications or features of the vehicle
type in the application for type approval certificate.
e) The release of products of a type has been
suspended for more than 06 months as prescribed in clause 4 of this Article but
the manufacturer still fails to remedy their violations.".
b) Clauses 4 and 5 are added Article 11 of the Circular
No. 41/2013/TT-BGTVT as follows:
“4. Suspension of a product type
The quality control agency shall send a written
notice requesting the manufacturer to suspend its release of products and
issuance of conformity stamps (release suspension) in respect to a product type
in any of the following cases:
a) The manufacturer commits any of the following
violations: failure to maintain the guarantee of product quality as prescribed;
failure to carry out product quality inspection according to their issued procedures
and guidelines for quality inspection; management and use of conformity stamps
against regulations; failure to prepare adequate release dossiers for vehicles
as prescribed; failure to cooperate in ad hoc inspections or verification of
product errors;
b) Vehicles to be released do not meet relevant
technical regulations or are not conformable with the application for quality
certificate and typical sample of the product type to which a Certificate has
been issued;
c) There are violations against regulations on
intellectual property as notified by competent authorities.
5. During the period of release suspension as
prescribed in clause 4 of this Article, the manufacturer shall not be allowed
to release products and issue conformity stamps to vehicles of the suspended
type for placing on the market, but must rectify such violations within a
maximum duration of 06 months from the date on which the quality control agency
issues a notice of release suspension. The quality control agency shall examine
and carry out inspection when receiving the manufacturer’s notice of completion
of its rectification of violations, and, if such violations have been
satisfactorily rectified, cancel the release suspension and notify the manufacturer
in writing. If the manufacturer fails to rectify violations within the
foregoing time limit, the type approval certificate issued to such products
will be invalidated as prescribed in clause 3 of this Article.”.
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“4. Recall manufactured or assembled vehicles as
prescribed in Article 16 of the Circular No. 25/2019/TT-BGTVT dated July 05,
2019 of the Minister of Transport of Vietnam, or recall imported vehicles as
prescribed in clause 2 Article 8 of the Circular No. 03/2018/TT-BGTVT dated
January 10, 2018 of the Minister of Transport of Vietnam.”.
7. Point c clause 1 Article
6 of the Circular No. 41/2013/TT-BGTVT is abrogated.
Article 6. Amendments to Circular No. 86/2014/TT-BGTVT
dated December 31, 2014 of Minister of Transport of Vietnam prescribing
conditions for low-speed vehicles and operators thereof (hereinafter referred
to as “Circular No. 86/2014/TT-BGTVT”), Circular No. 42/2018/TT-BGTVT dated
July 30, 2018 of Minister of Transport of Vietnam amending Circulars
prescribing vehicle registration (hereinafter referred to as “Circular No.
42/2018/TT-BGTVT”) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of
Minister of Transport of Vietnam amending Circulars prescribing vehicle
registration (hereinafter referred to as “Circular No. 16/2022/TT-BGTVT”)
1. Clause 2 and Clause 3 Article 7 of the Circular
No. 86/2014/TT-BGTVT are amended as follows:
a) Clause 2 Article 7 of the Circular No.
86/2014/TT-BGTVT is amended as follows:
“2. Vietnam Register shall receive and examine the
application, and take the following actions:
a) If the application does not contain adequate
documents as prescribed, within 01 working day, in case of direct submission,
or within 02 days from the receipt of the application which is submitted
through the online public service system, Vietnam Register shall return it and
give specific instructions to the applicant for modification;
b) If the application is found to have contained
adequate documents as prescribed, it shall be received for further inspection
and assessment as prescribed.”
b) Clause 3 Article 7 of the Circular No.
86/2014/TT-BGTVT is amended as follows:
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a) If the received application is invalid, Vietnam
Register shall give a notice to the applicant for modification. If COP
assessment results are not available, Vietnam Register shall give a notice
requesting the applicant to carry out COP assessment as prescribed in Article 6
of this Circular.
The applicant shall modify its application
(including conduct of COP assessment, if such COP assessment results are not
available) and submit it to Vietnam Register within 6 months from the date of
the notice. Within 07 working days from the receipt of an adequate application
and COP assessment results, Vietnam Register shall check them. If the received
application is adequate and valid, and COP assessment results are satisfactory,
Vietnam Register shall issue a Certificate as prescribed in point b of this
clause. If there are any unsatisfactory contents, Vietnam Register shall give a
notice of its refusal to issue the Certificate, in which reasons for such
refusal must be clearly indicated, to the applicant. If the applicant fails to
modify unsatisfactory contents as stated in the notice within 6 months from the
date of the notice, Vietnam Register shall terminate its consideration of the
received application or COP assessment results, and give a written notice, or
give a notice through the online public service system, of its refusal to issue
the Certificate. In order to obtain a Certificate, the applicant must repeat
the foregoing procedures from the first step.
b) Within 03 working days upon completion of the
check, if the application is adequate and valid and COP assessment results are
satisfactory, Vietnam Register shall issue a Certificate using the
corresponding form in Appendix IVa enclosed herewith.”.
2. Clause 6 Article 8 of
the Circular No. 86/2014/TT-BGTVT is amended as follows:
“6. Vietnam Register may conduct unscheduled
inspection. Where the inspection results show that the manufacturer has
violated the provisions of clause 3 or clause 4 Article 9 of this Circular, its
Certificate will be revoked or release suspension will be imposed
respectively.”.
3. Point b clause 3 Article 9 is amended; points d,
dd and e are added to clause 3 Article 9, and clauses 4 and 5 are added to
Article 9 of the Circular No. 86/2014/TT-BGTVT as follows:
a) Point b Clause 3 Article 9 of the Circular No.
86/2014/TT-BGTVT is amended as follows:
“b) The manufacturer uses a pre-release
quality inspection certificate for the vehicle to which a Certificate is not
yet issued; or has violated regulations on intellectual property as notified by
competent authorities;”.
b) Points d, dd and e are added to clause 3 Article
9 of Circular No. 86/2014/TT-BGTVT as follows:
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dd) The manufacturer has forged any documents, or
provided inaccurate information on specifications or features of the vehicle
type in the application for type approval certificate.
e) The release of products of a type has been
suspended for more than 06 months as prescribed in clause 4 of this Article but
the manufacturer still fails to remedy their violations.".
c) Clauses 4 and 5 are added Article 9 of the
Circular No. 86/2014/TT-BGTVT as follows:
“4. Suspension of a product type
The quality control agency shall send a written
notice requesting the manufacturer to suspend its release of products and
issuance of release quality inspection certificates to vehicles (release
suspension) in respect to a product type in any of the following cases:
a) The manufacturer commits any of the following
violations: failure to maintain the guarantee of product quality as prescribed;
failure to carry out product quality inspection according to their issued
procedures and guidelines for quality inspection; management and use of release
certificates against regulations; failure to prepare adequate release dossiers
for products; failure to cooperate in ad hoc inspections or verification of
product errors;
b) Vehicles to be released do not meet relevant
regulations on technical safety quality and environmental protection laid down
in this Circular, or are not conformable with the application for quality
certificate and typical sample of the product type to which a Certificate has
been issued.
5. During the period of release suspension as
prescribed in clause 4 of this Article, the manufacturer shall not be allowed
to release products and issue quality inspection certificates to products of
the suspended type for placing on the market, but must rectify such violations within
a maximum duration of 06 months from the date on which the quality control
agency issues a notice of release suspension. The quality control agency shall
examine and carry out inspection when receiving the manufacturer’s notice of
completion of its rectification of violations, and, if such violations have
been satisfactorily rectified, cancel the release suspension and notify the
manufacturer in writing. If the manufacturer fails to rectify violations within
the foregoing time limit, the type approval certificate issued to such products
will be invalidated or revoked as prescribed in clause 3 of this Article.”.
4. Point c is added to
clause 3 Article 12 of the Circular No. 86/2014/TT-BGTVT as follows:
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5. Clause 3 Article 25 of
the Circular No. 86/2014/TT-BGTVT is amended as follows:
“3. Recall manufactured or assembled vehicles
as prescribed in Article 16 of the Circular No. 25/2019/TT-BGTVT dated July 05,
2019 of the Minister of Transport of Vietnam, or recall imported vehicles as
prescribed in clause 2 Article 8 of the Circular No. 03/2018/TT-BGTVT dated
January 10, 2018 of the Minister of Transport of Vietnam.”.
6. Point c clause 1 Article
6 of the Circular No. 86/2014/TT-BGTVT is abrogated.
7. Appendix XI and Appendix
XII which are the corresponding Appendix 5 and Appendix 6 enclosed herewith are
added to the Circular No. 86/2014/TT-BGTVT.
Article 7. Amendments to and abrogation of some
Articles of Circular No. 89/2015/TT-BGTVT dated December 31, 2015 of Minister
of Transport of Vietnam prescribing technical safety quality and environmental
protection inspection of transport construction machinery (hereinafter referred
to as “Circular No. 89/2015/TT-BGTVT”), Circular No. 42/2018/TT-BGTVT dated
July 30, 2018 of Minister of Transport of Vietnam amending Circulars
prescribing vehicle registration (hereinafter referred to as “Circular No.
42/2018/TT-BGTVT”) and Circular No. 23/2020/TT-BGTVT dated January 20, 2020 of
Minister of Transport of Vietnam providing amendments to Circular No.
89/2015/TT-BGTVT dated December 31, 2015 of Minister of Transport of Vietnam
prescribing technical safety quality and environmental protection inspection of
transport construction machinery and Circular No. 42/2018/TT-BGTVT dated July
30, 2018 of Minister of Transport of Vietnam amending Circulars prescribing
vehicle registration (hereinafter referred to as “Circular No.
23/2020/TT-BGTVT”)
1. Clause 1 Article 3 of
Circular No. 89/2015/TT-BGTVT, as amended in clause 3 Article 1 of the Circular
No. 23/2020/TT-BGTVT, is amended as follows:
“1. Transport construction machinery
(hereinafter referred to as "TCM”) means any of the vehicles defined in
TCVN 7772:2007 “Moving engineering construction machinery and equipment –
Classification” and those specified in Section C Appendix I and Section D
Appendix II of the Circular No. 12/2022/TT-BGTVT dated June 30, 2022 of the
Minister of Transport of Vietnam promulgating List of potentially unsafe
products and goods under authority of Minister of Transport of Vietnam.”.
2. Point a Clause 2 Article
5 of Circular No. 89/2015/TT-BGTVT is amended as follows:
“a) If the application is found to contain adequate
documents as prescribed, Vietnam Register shall give confirmation in the
application form for technical safety quality and environmental protection
inspection within 01 working day from the date on which the application is
received. The importer must drive the TCM to the inspection site within
15 days from the date on which the TCM is received for storage.
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3. Clause 1 Article 6 of
Circular No. 89/2015/TT-BGTVT is abrogated.
4. Point d clause 2 and point dd clause 2 Article 7
of Circular No. 89/2015/TT-BGTVT are amended as follows:
a) Point d clause 2 Article 7 of Circular No.
89/2015/TT-BGTVT is amended as follows:
“d) Vehicles imported as prescribed in point
a clause 8 Section II of Appendix I enclosed with the Decree No. 69/2018/ND-CP
shall be inspected and certified as prescribed. Each Certificate issued must
bear the note “Chiếc xe này dùng để hoạt động trong phạm vi hẹp và không tham gia giao thông.” (“This vehicle is
used within a limited scope and is not used for entering the traffic flow.”).”
b) Point dd Clause 2 Article 7 of Circular No.
89/2015/TT-BGTVT is amended as follows:
“dd) If an TCM is included in the List of
goods banned from import in Section II of Appendix I enclosed with the Decree
No. 69/2018/ND-CP, Vietnam Register shall suspend procedures for inspection and
certification of technical safety quality and environmental protection for
imported TCM; issue a record of the vehicle violating provisions of Decree No.
69/2018/ND-CP using the form in Appendix VI enclosed herewith. Within 03
working days from the day on which a violation conclusion is issued, Vietnam
Register shall make and send the Notice of violation against the Decree No.
69/2018/ND-CP using the form in Appendix VII enclosed herewith to the importer
and the customs authority (where import procedures are conducted) for taking
further actions as prescribed.”.
5. Clause 3 Article 8 of
Circular No. 89/2015/TT-BGTVT, as amended in clause 5 Article 1 of the Circular
No. 23/2020/TT- BGTVT, is added as follows:
“3. If a design dossier is submitted through the
online public service system, the documents stated in clause 1 of this Article
are replaced with electronic documents.".
6. Clause 3, point a clause 5, point b clause 5
Article 9 of the Circular No. 89/2015/TT-BGTVT, as amended in Clause 5 Article
1 of the Circular No. 23/2020/TT-BGTVT are amended as follows:
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“3. The designing facility shall receive
design appraisal results as follows:
a) If results are returned directly at the office
of the quality control agency or by post: 01 design appraisal certificate;
description of technical design and technical drawing (01 copy, if the
designing facility is also the manufacturer, or 02 copies if the designing
facility is not the manufacturer) included in the design dossier;
b) If results are returned through the online
public service system: 01 electronic copy of the design appraisal certificate;
01 electronic copy of the description of technical design and technical drawing
included in the design dossier.”.
b) Point a Clause 5 Article 9 of Circular No.
89/2015/TT-BGTVT, as amended in clause 5 Article 1 of the Circular No.
23/2020/TT-BGTVT, is amended as follows:
“a) An application for design appraisal includes:
In case the application is submitted through the
online public service system: a set of electronic documents, including 01
application form which is made using the form in Appendix XIVa enclosed
herewith, and 01 design dossier as prescribed in clause 1 Article 8 of this
Circular, shall be submitted;
In case the application is submitted directly or by
post: submitted documents include 01 application form which is made using the
form in Appendix XIVa enclosed herewith, 01 design dossier as prescribed in
clause 1 Article 4 of this Circular, and 01 copy (or 02 copies, if the
designing facility is not the manufacturer) of each of the documents prescribed
in Points a and b Clause 1 Article 8 of this Circular.”.
c) Point b Clause 5 Article 9 of Circular No.
89/2015/TT-BGTVT, as amended in clause 5 Article 1 of the Circular No.
23/2020/TT-BGTVT, is amended as follows:
“b) Appraisal procedures:
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Vietnam Register shall receive and check the
components of the application. If the application does not contain
adequate documents as prescribed, within 01 working day, in case of direct
submission, or within 02 days from the receipt of the application which is
submitted adopting another submission method, Vietnam Register shall return it
and give specific instructions to the designing facility for modification. If
the application contains adequate documents as prescribed, Vietnam Register
shall receive it and carry out appraisal as prescribed.
Vietnam Register shall conduct the appraisal of
design dossier: examine and compare contents of the design dossier with current
national technical regulations/standards and other regulations of the Minister
of Transport of Vietnam on technical safety and environmental protection for
TCM. Within the time limit prescribed in point c of this clause, if the design
dossier is found satisfactory, Vietnam Register shall issue a design appraisal
certificate using the form stated in the Appendix IX enclosed herewith.
If the design dossier is adequate but contains
unsatisfactory contents, Vietnam Register shall give a written notice, or give
a notice through the online public service system, of such unsatisfactory
contents and reasons therefor to the designing facility for its modification of
the design dossier. The designing facility shall modify and submit a complete
design dossier within 30 working days from its receipt of notice. Within the
time limit prescribed in point c of this clause from the receipt of an adequate
and complete design dossier, the quality control agency shall examine and
compare contents of the design dossier with current national technical
regulations, standards and regulations of the Minister of Transport of Vietnam
on technical safety and environmental protection for TCM. Within the time limit
prescribed in point c of this clause, if the design dossier is satisfactory,
the quality control agency shall issue a design appraisal certificate which is
made using the form in Appendix IX enclosed herewith; if the design dossier is
unsatisfactory, the quality control agency shall give a written notice, or give
a notice through the online public service system, of its refusal to issue a
design appraisal certificate, in which reasons for such refusal must be clearly
indicated.
If the designing facility fails to modify
unsatisfactory contents of the design dossier within 30 days from the date of
the notice, the quality control agency shall terminate its appraisal process
and give a written notice, or give a notice on the online public service
system, of its refusal to issue a design appraisal certificate. In order to
have its design dossier duly appraised, the designing facility must repeat the
foregoing procedures from the first step;”.
7. Points b and c Clause 2 Article 13 of Circular
No. 89/2015/TT-BGTVT, as amended in clause 5 Article 1 of the Circular No.
23/2020/TT-BGTVT BGTVT, are amended as follows:
a) Point b Clause 2 Article 13 of Circular No.
89/2015/TT-BGTVT, as amended in clause 5 Article 1 of the Circular No.
23/2020/TT-BGTVT, is amended as follows:
“b) Vietnam Register shall receive and check the
components of the application. If the application does not contain
adequate documents as prescribed, within 01 working day, in case of direct
submission, or within 02 days from the receipt of the application which is
submitted through the online public service system, Vietnam Register shall
return it and give specific instructions to the applicant for modification. If
the application contains adequate documents as prescribed, Vietnam Register
shall accept it for further consideration.”
b) Point b Clause 2 Article 13 of Circular No.
89/2015/TT-BGTVT, as amended in clause 5 Article 1 of the Circular No.
23/2020/TT-BGTVT, is amended as follows:
“c) Vietnam Register shall check the received
application and COP assessment results within 07 working days. If the
application is adequate and valid and COP assessment results are satisfactory,
Vietnam Register shall issue a Certificate using the corresponding form in
Appendix XIII enclosed herewith within the time limit prescribed in clause 3 of
this Article. If the received application is invalid, Vietnam Register shall give
a notice to the applicant for modification. If COP assessment results are not
available, Vietnam Register shall give a notice requesting the applicant to
carry out COP assessment as prescribed in Article 12 of this Circular.
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8. Clause 2 Article 16 of
the Circular No. 89/2015/TT-BGTVT is amended as follows:
“2. Procedures for appraisal of modified TCM
design:
a) The designing facility shall prepare an
application for appraisal of modified TCM design and send it directly, by post
or through the online public service system to a branch of Vietnam Register.
In case of submission through the online public
service system: 01 set of electronic documents of the application for appraisal
of modified TCM design as prescribed in clause 1 this Article shall be
submitted;
In case of direct submission or submission by post:
in addition to an application for appraisal of modified TCM design as
prescribed in clause 1 of this Article, the designing facility shall be also
required to submit 01 copy of the document specified in point c clause 1 of
this Article 4.
b) The branch of Vietnam Register shall receive and
check the components of the application. If the application does not contain
adequate documents as prescribed, within 01 working day, in case of direct
submission, or within 02 days from the receipt of the application which is
submitted through the online public service system, the branch of Vietnam
Register shall return it and give specific instructions to the applicant for
modification. If the application contains adequate documents as prescribed, the
branch of Vietnam Register shall accept it for further appraisal.
c) Within 07 working days from the day on which an
adequate application for appraisal of modified TCM design is submitted, the
branch of Vietnam Register shall examine and appraise the application. If the
application is satisfactory, the branch of Vietnam Register shall issue a
modified TCM design appraisal certificate using the form in Appendix XVII
enclosed herewith within 03 working days from the day on which the application
is found satisfactory.
If the application is adequate but contains
unsatisfactory contents, the branch of Vietnam Register shall give a written
notice, or give a notice through the online public service system, of such
unsatisfactory contents and reasons therefor to the designing facility for its
modification. The designing facility shall modify and submit a complete
application to the branch of Vietnam Register within 30 working days from its
receipt of notice. Within 07 working days from its receipt of a complete and
adequate application for appraisal of modified TCM design, the branch of
Vietnam Register shall examine and conduct a re-appraisal of the application.
Within 03 working days from the day on which the appraisal results are available,
if the application is satisfactory, the branch of Vietnam Register shall issue
a modified TCM design appraisal certificate using the form in Appendix XVII
enclosed herewith; if the application is unsatisfactory, the branch of Vietnam
Register shall give a written notice, or give a notice through the online
public service system, of its refusal to issue a design appraisal certificate,
in which reasons for such refusal must be clearly indicated. If the designing
facility fails to modify unsatisfactory contents of the application within 30
days from the date of the notice, the branch of Vietnam Register shall
terminate its appraisal process and give a written notice, or give a notice on
the online public service system, of its refusal to issue a modified TCM design
appraisal certificate. In order to have its modified TCM design duly appraised,
the designing facility must repeat the foregoing procedures from the first
step;
d) The designing facility shall receive appraisal
results as follows: If appraisal results are returned directly at the office of
the branch of Vietnam Register or by post, returned results include: 01 design
appraisal certificate; 01 set of documents which have been appraised as
prescribed in point c clause 1 of this Article; If appraisal results are
returned through the online public service system, returned results include: 01
electronic copy of the design appraisal certificate; 01 electronic copy of each
of the documents prescribed in point c clause 1 of this Article.”.
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“2. The branch of Vietnam Register (that has
carried out design appraisal) shall make an inspection record after conducting
a physical inspection of the conformity of the modified TCM to the approved
modified TCM design, and conducting technical safety quality and environmental
protection inspection according to applicable technical regulations and
standards, and other regulations on technical safety quality and environmental
protection for TCM. A notice of unsatisfactory items/parts shall be given to
the modifying party for modification.”.
10. Clause 4 is added to
Article 18 of the Circular No. 89/2015/TT-BGTVT as follows:
“4. The application for appraisal of modified TCM
design as prescribed in Article 16 of this Circular, which has been duly
appraised, and the record of inspection of the modified TCM shall be kept by
the branch of Vietnam Registered as prescribed from the issue date of a
certificate of technical safety quality and environmental protection for
modified TCM.”.
11. Clause 7 is added to
Article 25 of the Circular No. 89/2015/TT-BGTVT as follows:
“7. Regarding design appraisal, acceptance testing
and issuance of certificates of technical safety quality and environmental protection
for modified TCM, each branch of Vietnam Register shall:
a) organize and conduct appraisal of modified TCM
designs, acceptance testing, and issue certificates of technical safety quality
and environmental protection for modified TCM in accordance with provisions of
this Circular.
b) provide reports and adequate documents serving
the inspection of design appraisal, acceptance testing and issuance of
Certificates, and modification of TCM as requested.”.
c) consistently perform printing and management of
blank templates of modified TCM design appraisal certificate and certificate of
technical safety quality and environmental protection for modified TCM.”.
12. Clause 2 Article 26 of
the Circular No. 89/2015/TT-BGTVT is amended as follows:
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13. Clause 2 and clause 8 Article 27 of the
Circular No. 89/2015/TT-BGTVT, as amended in Clause 7 Article 1 of the Circular
No. 23/2020/TT-BGTVT, are amended as follows:
a) Clause 2 Article 27 of the Circular No.
89/2015/TT-BGTVT, as amended in Clause 7 Article 1 of the Circular No.
23/2020/TT-BGTVT, is amended as follows:
“2. Documents on modification of TCM must be kept
for a minimum period of at least 02 years from the issue date of the
certificate of technical safety quality and environmental protection for
modified TCM.”.
b) Clause 8 Article 27 of the Circular No.
89/2015/TT-BGTVT, as amended in Clause 7 Article 1 of the Circular No.
23/2020/TT-BGTVT, is amended as follows:
“8. Recall manufactured or assembled TCM as
prescribed in Article 16 of the Circular No. 25/2019/TT-BGTVT dated July 05,
2019 of the Minister of Transport of Vietnam, or recall imported vehicles as
prescribed in clause 2 Article 8 of the Circular No. 03/2018/TT-BGTVT dated
January 10, 2018 of the Minister of Transport of Vietnam.”.
14. Appendix XVII and
Appendix XVIII enclosed with the Circular No. 89/2015/TT-BGTVT are replaced
with corresponding Appendix 7 and Appendix 8 enclosed herewith.
Article 8. Amendments to Circular No.
31/2011/TT-BGTVT dated April 15, 2011 of Minister of Transport of Vietnam
prescribing technical safety quality and environmental protection inspection of
imported motor vehicles (hereinafter referred to as “Circular No.
31/2011/TT-BGTVT”), Circular No. 55/2014/TT-BGTVT dated October 20, 2014 of
Minister of Transport of Vietnam providing amendments to Circular No. 31/2011/TT-BGTVT
dated April 15, 2011 of Minister of Transport of Vietnam prescribing technical
safety quality and environmental protection inspection of imported motor
vehicles (hereinafter referred to as “Circular No. 55/2014/TT-BGTVT”), Circular
No. 42/2018/TT-BGTVT dated July 30, 2018 of Minister of Transport of Vietnam
amending Circulars prescribing vehicle registration (hereinafter referred to as
“Circular No. 42/2018/TT-BGTVT”) and Circular No. 16/2022/TT-BGTVT dated June
30, 2022 of Minister of Transport of Vietnam amending Circulars prescribing
vehicle registration (hereinafter referred to as “Circular No.
16/2022/TT-BGTVT”)
1. Heading of Article 9 is
amended as follows:
“Article 9. Handling of inspection results and
recall”.
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“5. The vehicles subject to recall as prescribed in
clause 1 Article 8 of the Circular No. 03/2018/TT-BGTVT dated January 10, 2018
of the Minister of Transport of Vietnam prescribing technical safety quality
and environmental protection inspection of imported automobiles under the
Decree No. 116/2017/ND-CP (hereinafter referred to as “Circular No.
03/2018/TT-BGTVT”) shall be recalled in accordance with the provisions of
clause 2 Article 8 of the Circular No. 03/2018/TT-BGTVT.”.
Article 9. Amendments to Circular No.
44/2012/TT- BGTVT dated October 23, 2012 of Minister of Transport of Vietnam
prescribing technical safety quality and environmental protection inspection
for imported motorcycles and mopeds, and imported engines used for manufacturing
and assembly of motorcycles and mopeds (hereinafter referred to as “Circular
No. 44/2012/TT- BGTVT”), Circular No. 19/2014/TT-BGTVT dated May 28, 2014 of
Minister of Transport of Vietnam providing amendments to Circular No.
23/2009/TT-BGTVT dated October 15, 2009 of Minister of Transport of Vietnam
prescribing technical safety quality and environmental protection inspection
for transport construction machinery, Circular No. 44/2012/TT- BGTVT dated
October 23, 2012 of Minister of Transport of Vietnam prescribing technical
safety quality and environmental protection inspection for imported motorcycles
and mopeds, and imported engines used for manufacturing and assembly of
motorcycles and mopeds, and Circular No. 41/2013/TT-BGTVT dated November 05,
2013 of Minister of Transport of Vietnam prescribing technical safety quality
inspection for electric bicycles (hereinafter referred to as “Circular No.
19/2014/TT-BGTVT”), and Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of
Minister of Transport of Vietnam amending Circulars prescribing vehicle
registration (hereinafter referred to as “Circular No. 42/2018/TT-BGTVT”)
1. Clause 1 Article 3 of
the Circular No. 44/2012/TT-BGTVT is amended as follows:
“1. Motorcycles and mopeds are motor vehicles
operating on roads as prescribed in QCVN 14:2015/BGTVT - National technical
regulation on safety and environmental protection for motorcycles and mopeds.”.
2. Clause 2 Article 5 of
the Circular No. 44/2012/TT-BGTVT is amended as follows:
“2. Contents of inspection and testing:
a) Contents of inspection and testing shall comply
with QCVN 14:2015/BGTVT.
In which:
Parts in sections 2.4.1; 2.4.2; 2.6.1; 2.6.2;
2.11.2; 2.15.3; 2.16.3; 2.18.1.5; 2.18.2.1; 2.18.2.4 are exempt from separate
inspection or testing. Inspection and testing of gaseous pollutants of a
vehicle as prescribed in section 2.19.1 shall be conducted if: the vehicle is
not supported by the documents on gaseous pollutants as prescribed in point d
clause 1 Article 4 of this Circular; the vehicle is supported by the documents
on gaseous pollutants which do not show all of required tests for such vehicle
type as prescribed in QCVN 04: 2009/BGTVT “National technical regulation on
emission of gaseous pollutants from assembled and manufactured motorcycles and
mopeds, and new imported motorcycles and mopeds”, for motorcycles and mopeds
(except 2-wheeled motorcycles) or QCVN 77: 2014/BGTVT “National technical
regulation on the third level of gaseous pollutant emission for new
assembled, manufactured and imported two-wheeled motorcycles”; or the vehicle
structure does not comply with documents on gaseous pollutants.
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b) Contents of inspection and testing for engines
shall comply with QCVN 37:2010/BGTVT - National technical regulation on
motorcycles and mopeds engines or QCVN 90:2019/BGTVT - National technical
regulation on motor used for electric motorcycles, mopeds.”.
3. Heading of Article 6, clause 2, point b clause 3
are amended, point d is added to clause 3 Article 6 and clause 4 is added to
Article 6 of the Circular No. 44/2012/TT-BGTVT as follows:
a) Heading of Article 6 of the Circular No.
44/2012/TT-BGTVT is amended as follows:
“Article 6. Procedures for issuance of
certificate of quality of imported vehicles/engines and recall”.
b) Clause 2 Article 6 of Circular No.
44/2012/TT-BGTVT, as amended in clause 2 Article 6 of the Circular No.
42/2018/TT- BGTVT, is amended as follows:
“2. The quality control agency shall receive and
check the components of the application for inspection and give a notice of
results to the importer within 01 working day from its receipt of the
application. If the application for inspection contains adequate documents as
prescribed, the quality control agency shall give its confirmation in the
application form. If the application for inspection does not contain adequate
documents as prescribed, the quality control agency shall return it and give
specific instructions to the importer for completion of the application.
Within 03 working days from its receipt of the
application for inspection, the quality control agency shall reach an agreement
with the importer on the time and site of inspection.”.
c) Point b Clause 3 Article 6 of Circular No.
44/2012/TT-BGTVT, as amended in clause 3 Article 6 of the Circular No.
42/2018/TT-BGTVT, is amended as follows:
“b) If a vehicle or engine does not comply with
provisions of this Circular, the quality control agency shall issue a notice of
non-conformity of quality for imported motorcycle/moped or engine using the
corresponding form in Appendix Va and Appendix Vb enclosed herewith.”.
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“d) If imported vehicles are damaged while
they are transported from a foreign country to Vietnam, the importer may
rectify the following errors, including: the vehicle paint is scratched or
locally oxidized but its hull is not holed; rearview mirrors are cracked or
broken; lighting or signaling system is cracked or broken; there is lack of
control relays; battery fails.”.
e) Clause 4 is added to Article 6 of the Circular
No. 44/2012/TT-BGTVT as follows:
“4. The imported vehicles or engines subject to recall
as prescribed in clause 1 Article 8 of the Circular No. 03/2018/TT-BGTVT dated
January 10, 2018 of the Minister of Transport of Vietnam prescribing technical
safety quality and environmental protection inspection of imported automobiles
under the Decree No. 116/2017/ND-CP (hereinafter referred to as “Circular No.
03/2018/TT-BGTVT”) shall be recalled in accordance with the provisions of
clause 2 Article 8 of the Circular No. 03/2018/TT-BGTVT.”.
Article 10. Effect
1. This Circular comes into force from February 15,
2024.
2. Imported electric bicycles; imported motorcycles
and mopeds, and imported engines of motorcycles and mopeds that arrive at ports
or border checkpoints of Vietnam before the effective date of this Circular
shall comply with the following provisions:
a) Imported electric bicycles shall comply with
provisions of Circular No. 41/2013/TT-BGTVT, Circular No. 19/2014/TT-BGTVT,
Circular No.42/2018/TT-BGTVT and Circular No. 16/2022/TT-BGTVT;
b) Imported motorcycles and mopeds, and
imported engines of motorcycles and mopeds shall comply with provisions of
Circular No. 44/2012/TT-BGTVT, Circular No. 19/2014/TT-BGTVT and Circular No.
42/2018/TT-BGTVT.
3. Applications for design appraisal, applications
for product registration or application for type approval certificate for
assembled or manufactured motor vehicles or electric bicycles, and parts used
for motor vehicles which have been submitted before the effective date of this
Circular shall be processed as follows:
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b) Assembled or manufactured automobiles which are
not subject to Decree No. 116/2017/ND-CP, trailers and semi-trailers and parts
used for automobiles shall comply with provisions of Circular No.
30/2011/TT-BGTVT, Circular No. 54/2014/TT-BGTVT and Circular No.
16/2022/TT-BGTVT;
c) Assembled or manufactured motorcycles and
mopeds, and parts used for motorcycles and mopeds shall comply with provisions
of Circular No. 45/2012/TT-BGTVT, Circular No. 42/2018/TT-BGTVT and Circular
No. 16/2022/TT-BGTVT;
d) Assembled or manufactured 4-wheeled cargo motor
vehicles and parts thereof shall comply with provisions of Circular No.
16/2014/TT-BGTVT, Circular No. 42/2018/TT-BGTVT and Circular No.
16/2022/TT-BGTVT;
dd) Assembled or manufactured electric bicycles
shall comply with provisions of Circular No. 41/2013/TT-BGTVT, Circular No.
19/2014/TT-BGTVT, Circular No.42/2018/TT-BGTVT and Circular No.
16/2022/TT-BGTVT;
e) Assembled or manufactured 4-wheeled passenger
motor vehicles shall comply with provisions of Circular No. 86/2014/TT-BGTVT,
Circular No. 42/2018/TT-BGTVT and Circular No. 16/2022/TT-BGTVT;
g) Assembled or manufactured transport construction
machinery shall comply with provisions of Circular No. 89/2015/TT-BGTVT,
Circular No. 42/2018/TT-BGTVT and Circular No. 23/2020/TT-BGTVT.
Article 11. Implementation
Chief of the Ministry's Office, Chief Inspector of
the Ministry, Directors General (or Directors) of Departments affiliated to the
Ministry of Transport of Vietnam, Director of Vietnam Register, heads of
relevant authorities, and relevant organizations and individuals shall be
responsible for implementation of this Circular./.
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PP. MINISTER
DEPUTY MINISTER
Le Dinh Tho