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MINISTRY
OF TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
54/2024/TT-BGTVT
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Hanoi,
November 15, 2024
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CIRCULAR
ON PROCEDURES
FOR GRANTING THE CERTIFICATE OF TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL
PROTECTION FOR MOTOR VEHICLES, SPECIAL-PURPOSE VEHICLES, AND MOTOR VEHICLE
PARTS IN IMPORTS
Pursuant to the Law on Road
Traffic Order and Safety No. 36/2024/QH15 dated June 27, 2024;
Pursuant to the Law on Product
and Goods Quality No. 05/2007/QH12 dated November 21, 2007, and Law No.
35/2018/QH14 dated November 20, 2018, on amendments to 37 laws related to
planning;
Pursuant to the Law on
Economical and Efficient Use of Energy No. 50/2010/QH12 dated June 17, 2010,
and Law No. 28/2018/QH14 dated June 15, 2018, on amendments to 11 laws related
to planning;
Pursuant to Decree No.
116/2017/ND-CP dated October 17, 2017, of the Government on conditions for the
manufacture, assembly, import, and provision of warranty and maintenance
services for automobiles, and Decree No. 17/2020/ND-CP dated February 5, 2020,
on amendments to the decrees concerning investment and business conditions
under the state management of the Ministry of Industry and Trade;
Pursuant to Decision No.
04/2017/QD-TTg dated March 9, 2017, of the Prime Minister on the list of
vehicles and equipment required to bear energy labels, adopt minimum energy
performance standards, and implement the roadmap;
Pursuant to Decree No.
56/2022/ND-CP dated August 24, 2022 of the Government defining the functions,
tasks, powers, and organizational structure of the Ministry of Transport;
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The Minister of Transport hereby
issues this Circular prescribing the procedures for certification of technical
safety quality and environmental protection for motor vehicles, special-purpose
vehicles, and motor vehicle parts in imports.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular prescribes the
procedures for certification of technical safety quality and environmental
protection for motor vehicles, special-purpose vehicles, and motor vehicle
parts in imports.
2. This Circular does not apply to:
a) Motor vehicles, special-purpose
vehicles, and motor vehicle parts under the management of the Ministry of
National Defense or the Ministry of Public Security;
b) Motor vehicles and motor vehicle
parts imported under international agreements to which the Socialist Republic
of Vietnam is a signatory;
c) Motor vehicles, special-purpose
vehicles, and motor vehicle parts imported for scientific research, production
research, display, or introduction at trade fairs or exhibitions.
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This Circular applies to organizations
and individuals involved in the procedures for certification of technical
safety quality and environmental protection for motor vehicles, special-purpose
vehicles, and motor vehicle parts in imports.
Article 3. Interpretation of
terms
For the purposes of this Circular,
the terms below shall be understood as follows:
1. ”Motor vehicles and
special-purpose vehicles” (hereinafter referred to as "vehicles")
include:
a) Vehicles specified in the
Circular issued by the Minister of Transport on classification of road vehicles
and identification of motor vehicles using clean and green energy or
environmentally friendly technologies;
b) Chassis trucks defined in Clause
2, Article 3 of Decree No. 116/2017/ND-CP dated October 17, 2017, of the
Government on conditions for manufacturing, assembly, import, and provision of
warranty and maintenance services for automobiles (hereinafter referred to as
Decree No. 116/2017/ND-CP);
2. “Motor vehicle parts” (hereinafter
referred to as "parts") are assemblies, systems, and components of
motor vehicles listed in the catalog of products and goods that may pose safety
risks under the state management of the Ministry of Transport;
3. “Unused parts” refer to
motor vehicle parts that have not been utilized for the manufacture, assembly,
or repair of motor vehicles;
4. Unused motor vehicles” refer
to motor vehicles that have not been registered for operation prior to
importation into Vietnam;
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6. “Parts of the same type” refer
to parts that share the same characteristics as the corresponding parts
specified in the national technical regulations listed in Appendix XXI enclosed
with this Circular;
7. “Vehicles of the same type” refer
to vehicles with shared characteristics as determined under the principles
outlined in Appendix I enclosed with this Circular;
8. “Imported goods” refer to
imported vehicles and parts;
9. “Importer” refers to any
organization or individual that organizes and conducts the importation of
vehicles and parts in accordance with the law;
10. “Testing facility” refers
to an organization established in compliance with the law and recognized or
designated by the Vietnam Register to conduct inspections and testing of
vehicles and parts;
11. “Foreign testing facility” refers
to a specialized testing organization or technical service organization listed
by a member state of an international treaty on road transport to which Vietnam
is a signatory;
12. “Factory quality inspection
slip” refers to a document issued by a foreign vehicle manufacturer for
each motor vehicle. It contains information such as the chassis number (or
VIN), engine number, and basic technical specifications as outlined in Section
I of Appendix III enclosed with this Circular;
13. “Safety test report” refers
to the testing results provided by a testing facility for a representative
motor vehicle sample;
14. “Emissions test report” refers
to one of the following documents:
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b) Documentation from a testing
facility confirming that the emissions test report issued by a foreign testing
facility complies with national technical regulations on emissions as specified
in Appendix XX enclosed with this Circular.
15. “Parts test report” refers
to the testing results provided by a testing facility for a representative
sample of parts listed in Appendix XXI enclosed with this Circular;
16. “Energy consumption test
report” refers to one of the following documents:
a) The energy consumption test
results provided by a testing facility for a representative motor vehicle
sample;
b) Documentation from a testing
facility confirming that the energy consumption test report issued by a foreign
testing facility complies with national technical regulations on energy
consumption for the corresponding vehicle type as specified in Appendix XX enclosed
with this Circular.
17. “Notification of quality
assurance evaluation results” (hereinafter referred to as "COP
evaluation results notification") refers to a valid document that
indicates the quality assurance evaluation results of the manufacturer’s products
and goods, as stipulated in Articles 8 and 11 of this Circular;
18. “Report on quality assurance
evaluation results” (hereinafter referred to as "COP evaluation
results report") refers to a document detailing the satisfactory quality
assurance evaluation results of the manufacturer’s products and goods as
stipulated in Articles 8 and 11 of this Circular. This report serves as the
basis for issuing the COP evaluation results notification.
19. “Quality Certificate” refers
to the certification of technical safety quality and environmental protection
issued by the certifying authority, comprising the following documents:
a) “Notification of exemption from
technical safety quality and environmental protection inspection” (hereinafter
referred to as "exemption notification") is a document formatted
according to the form provided in Appendix II enclosed with this Circular;
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c) “Notification of
non-compliance with technical safety quality and environmental protection”
(hereinafter referred to as "non-compliance notification") is a
document formatted according to the form provided in Appendix IV enclosed with
this Circular;
d) “Notification of vehicle or
parts violations” (hereinafter referred to as "violation
notification") is a document formatted according to the form provided in
Appendix V enclosed with this Circular.
20. “VIN Decoding Document” refers
to a document provided by the motor vehicle manufacturer that explains the
characters in the Vehicle Identification Number (VIN) for each motor vehicle
type.
21. “Certified copies by the
importer” include:
a) For physical documents: copies
made from the original, bearing the signature of the legal representative or
authorized individual and the seal of the importing organization, or copies
made from the original with the signature of the individual importer;
b) For electronic documents: copies
made from the original or certified copies as specified in point a of this
clause, uploaded to the electronic application in image file formats PDF,
JPEG, TIFF, etc.;
22. “Vehicle energy consumption”
refers to the amount of fuel or electricity consumed by a vehicle over a
specific distance, under predetermined conditions and testing cycles;
23. “Recall” refers to the
action taken by the importer, under the authorization of the foreign
manufacturer, to address defects in motor vehicles already supplied to the
market during design, manufacturing, assembly, or production processes, aimed
at mitigating or preventing potential hazards;
24. “Competent certifying authority”
(hereinafter referred to as "certifying authority") refers to the
Vietnam Register.
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PROCEDURES FOR CERTIFICATION OF TECHNICAL SAFETY
QUALITY AND ENVIRONMENTAL PROTECTION
Section 1. MOTOR VEHICLES AND
SPECIAL-PURPOSE VEHICLES
Article 4. Procedures
1. Submission of application for
inspection
The importer shall prepare one (01)
set of application for inspection as prescribed in Article 5 of this Circular
and submit it online via the National Single Window Portal (electronic
submission). In cases of force majeure as stipulated by law (hereinafter
referred to as "force majeure"), the importer may submit physical
documents to the certifying authority at the addresses published on the
certifying authority’s official website.
2. Receipt of application for
inspection
The certifying authority shall receive,
examine the components of the application for inspection, and provide results
within a maximum of one (01) working day from the date of receipt of the
application for inspection, as follows:
For complete application for
inspection: the certifying authority shall sign and confirm the Application
form for inspection of technical safety quality and environmental protection,
assign a registration number via the automated system, and send it to the
National Single Window Portal (for electronic application) or assign a
registration number, sign and confirm the form, and return it to the importer
(for physical application) for completing import procedures with the customs
authority at the port of entry;
For incomplete application for
inspection: the certifying authority shall issue a notification on the National
Single Window Portal (for electronic application) or via the form specified in
Appendix X enclosed with this Circular (for physical application) for the
importer to revise or supplement the documents;
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a) The imported vehicle is not
listed in the category of goods potentially posing safety risks under the
regulatory responsibility of the Ministry of Transport;
b) The documents in the application
for inspection indicate that the vehicle falls under the prohibited import
category as specified in Decree No. 69/2018/ND-CP dated May 15, 2018, of the
Government on elaboration of the Law on Foreign Trade Management (hereinafter
referred to as "Decree No. 69/2018/ND-CP");
c) The documents in the application
for inspection contain images or content that misrepresent national sovereignty
or other content that adversely affects Vietnam's security, politics, economy,
society, or diplomatic relations;
d) The documents in the application
for inspection indicate that the imported vehicle has an emission standard
lower than the legal requirements;
dd) Failure to declare the chassis
number (or VIN for motor vehicles; PIN or serial number for special-purpose
vehicles) in the application for inspection;
e) Over 30 days have passed since
the opening of the application for inspection, and the importer has not
presented the vehicle for inspection for the previous batch, except in cases of
force majeure;
g) The importer is currently under
suspension as prescribed by law.
3. Inspection
a) The importer shall submit the
inspection plan confirmation form as prescribed in Appendix XI enclosed with
this Circular on the National Single Window Portal, including the number, date,
month, and year of the import goods declaration (for electronic application) or
submit the confirmation form along with a copy of the import goods declaration
to the certifying authority (for physical application). The certifying
authority shall conduct the inspection within no more than one (01) working day
at the port of entry or no more than five (05) working days at the importer’s
storage facility, starting from the inspection date proposed by the importer on
the inspection plan confirmation form. In cases of force majeure preventing the
inspection, the certifying authority and the importer shall agree on a suitable
inspection schedule;
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c) If sampling is required, the
inspector shall prepare a sampling record as prescribed in Appendix XII
enclosed with this Circular for the importer to present to the testing
facility. To expedite the testing process, the importer may choose to use two
(02) vehicle samples for each type: one (01) sample for safety testing and one
(01) sample for emissions testing, provided that the sample selection is
performed randomly by the inspector.
4. Issuance of the Quality
Certificate
Within no more than four (04)
working days from the completion of the inspection and the evaluation of a
complete and valid application in accordance with this Circular, the certifying
authority shall issue a Quality Certificate via the National Single Window
Portal (for electronic application) or in paper form (for physical application
or in cases of force majeure preventing issuance via the National Single Window
Portal) for each vehicle, as follows:
a) Issuance of the exemption
notification for cases where the inspection meets the requirements under the
method prescribed in Clause 2, Article 6 of this Circular;
b) Issuance of a Quality
Certificate for cases where the inspection results meet the requirements under
the methods specified in Clauses 1, 3, 4, and 5 of Article 6 of this Circular. For
sample vehicles used in testing, the Quality Certificate must include a note:
"This vehicle has been used for testing in Vietnam";
c) Issuance of a non-compliance
notification in the following cases: inspection results do not meet the
requirements; used automobiles that were not registered for circulation in EU
countries, G7 countries, or countries with emission standards equivalent to or
higher than the current emission standards in Vietnam; cases specified in
Points a, b, c, e, k, m, r, s of Clause 5 of this Article;
d) Issuance of a violation
notification for imported vehicles in the following cases: vehicles fall under
the category of prohibited imports as defined in Decree No. 69/2018/ND-CP; documents
in the application for inspection or the imported vehicle contain images or
content that violates national sovereignty or otherwise affects Vietnam's
security, politics, economy, society, or diplomatic relations; other cases
where the imported goods are subject to administrative sanctions involving
confiscation under the provisions of law.
5. Handling arising issues
a) When the inspected vehicle's
chassis number or engine number differs from that in the application for
inspection, the inspector shall halt the inspection of technical safety quality
and environmental protection for these vehicles and prepare a separate report
for each vehicle as a basis for issuing a non-compliance notification, except
for the following cases: there is confirmation from the customs authority at
the port of entry regarding the actual chassis and engine numbers of the
imported vehicle; the importer supplements the application for inspection with
confirmation from the seller regarding the incorrect shipment along with related
documents;
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b) Issuance of a non-compliance
notification in the following cases: vehicles without a chassis number; vehicles
with partially or completely unidentifiable chassis numbers; motor vehicles
with chassis numbers stamped on metal plates or other materials affixed to the
vehicle frame using welding, rivets, or adhesives, except in the following
cases: vehicles with erased, altered, or re-stamped chassis numbers; motor
vehicles designed without a chassis number but with a VIN; specialized
machinery without a chassis number but with a PIN or serial number.
c) Issuance of a non-compliance
notification for the following cases:
Vehicles without a brand name;
Motor vehicles with a chassis
number or VIN (in cases where the motor vehicle does not have a chassis number)
identical to that of previously imported motor vehicles; specialized machinery
with a chassis number (or PIN or serial number in cases where special-purpose
vehicles does not have a chassis number) identical to that of previously
imported special-purpose vehicles of the same brand and type, except in cases
of erased, altered, or re-stamped chassis numbers, engine numbers, or when the
imported vehicle is the same vehicle that was legally re-exported out of
Vietnam.
d) If an imported vehicle falls
under the cases specified in Point d, Clause 4 of this Article, the inspector
shall halt the inspection of technical safety quality and environmental
protection and prepare a report following the form specified in Appendix XIII
enclosed with this Circular as a basis for issuing a violation notification for
each affected vehicle.
dd) In cases where the vehicle's
chassis number cannot be fully read with the naked eye, or where imported
vehicles exhibit signs of erased, altered, or re-stamped identifiers such as the
engine number; chassis number or VIN (for motor vehicles without a chassis
number); or chassis number (or PIN, serial number for special-purpose vehicles
without a chassis number), the certifying authority shall issue a written
request to the relevant specialized inspection agency to determine the
condition of the chassis and engine numbers as a basis for issuing the Quality
Certificate.
e) If the documents provided in the
inspection application for inspection differ from the actual vehicle, the
importer may submit suitable supplementary documents within 15 working days
from the date of receiving the notification. The certifying authority has the
right to request the importer to provide evidence of the origin of the
supplementary documents. If the importer fails to provide documents that match
the actual vehicle within the specified period, the certifying authority will
issue a non-compliance notification.
g) For automobiles, motorcycles,
and mopeds: the structural comparison of the sample vehicle with the test
reports may be substituted by comparing the structure of the inspection sample
vehicle with the vehicle granted the test report via the manufacturer's
software. If the inspected sample vehicle's technical specifications or
structure differ from the test reports and do not comply with the principles
for determining vehicles of the same type as specified in Appendix I enclosed
with this Circular, the sample vehicle inspection and testing method shall
apply. If the structure or software related to emissions of the sample vehicle
differs from the emissions test report but complies with the principles for
determining vehicles of the same type, emissions testing is required, except
when the manufacturer's documents show that such changes do not alter the
emission-related functions and structure.
h) If a sample vehicle is run-in by
the manufacturer abroad to facilitate testing in Vietnam, the actual condition
of the vehicle must align with the manufacturer's certification. In such cases,
the vehicle is deemed to be unused.
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k) In cases where a motor vehicle
is declared as unused in the application for inspection but the inspector
determines that the vehicle is actually used, the inspector shall prepare a
record following the form stipulated in Appendix XIII enclosed with this
Circular. This record must include a request for the importer to supplement one
of the following documents within 15 working days from the date of inspection
to serve as a basis for determining the vehicle’s condition: documents
specified in Point m, Clause 1, Article 5 of this Circular; confirmation from
the manufacturer regarding the run-in conducted abroad; temporary registration
under foreign regulations for movement to the export location. If the importer
fails to provide one of the above documents or provides documents that do not
match the actual vehicle condition within the specified period, the certifying
authority shall issue a non-compliance notification for that vehicle.
l) In cases where imported
automobiles are equipped with Advanced Driver Assistance Systems (ADAS), if the
manufacturer evaluates that these systems are not suitable for use in traffic
conditions in Vietnam, the manufacturer shall recommend and guide the importer
to deactivate part or all of these systems and ensure that full information is
provided to customers.
m) For motor vehicles with a
designed gross weight exceeding the maximum allowable gross weight or axle load
as specified in the National technical regulation on quality, safety, and
environmental protection for motor vehicles (QCVN 09:2024/BGTVT) or trailers
and semi-trailers (QCVN 11:2024/BGTVT), the certifying authority shall
calculate and record the maximum allowable gross weight (referred to as vehicle
load reduction) if the calculated values meet the requirements for cargo box
dimensions specified in the aforementioned regulations. If the vehicle load reduction
results in non-compliance with the cargo box dimensions or if the vehicle
dimensions exceed the maximum permissible dimensions specified in the national
technical regulations of the Ministry of Transport, a non-compliance
notification shall be issued, except for special-purpose vehicles,
special-purpose trailers, and special-purpose semi-trailers.
n) Special-purpose motor vehicles,
trailers, and semi-trailers exceeding the maximum allowable dimensions or
having a designed gross weight exceeding the maximum permissible weight as
specified in the national technical regulations on quality, safety, and
environmental protection shall still be inspected for import. However, the
Quality Certificate must include a note stating: "This vehicle's
specifications (dimensions, weight) exceed the maximum allowable limits and
require approval from the competent road management authority for operation on
public roads."
o) For used vehicles with
incomplete technical documentation, basic specifications shall be determined
based on actual inspection.
p) For used vehicles with technical
or structural changes made abroad compared to the original factory condition,
the importer must present documentation from the foreign vehicle management
authority regarding the changes. For automobiles, the designed gross weight of
the vehicle in such cases must not exceed the value stated in the documentation
of the foreign vehicle management authority.
q) Upon receiving complaints,
denunciations, or substantiated feedback related to the technical safety
quality and environmental protection of a specific vehicle type, if inspection
and verification results are inconclusive, the certifying authority shall take
samples from the importer's storage for testing. If no vehicles are available
in storage, samples shall be taken from the next batch of imported vehicles. Sampling
and testing costs shall comply with the provisions of Article 41 of the Law on
product and goods quality.
r) For special-purpose vehicles
with large dimensions that must be disassembled for transportation to Vietnam,
the importer must reassemble the machinery and present it for inspection within
15 days from the date of storage. Except for force majeure cases, failure to
present or presenting machinery not fully reassembled within the specified
timeframe will result in the certifying authority issuing a non-compliance
notification for the machinery. If disassembled parts are transported in
separate shipments, the importer must provide documentation proving that the
special-purpose vehicle was purchased as a complete unit and disassembly was
solely for transportation purposes. The special-purpose must be presented for
inspection within 15 days from the date the last shipment is stored.
s) If more than 30 days have passed
since the registration of the inspection application and the importer has not
presented the vehicle for inspection, the certifying authority shall send a
written reminder to the importer. Within 15 days of receiving the reminder, the
importer must provide a written explanation for the delay, accompanied by a
copy of the import declaration. Except for force majeure cases, failure to
provide a written response with the import declaration within the specified
timeframe, or failure to present the vehicle for inspection within 15 days of
its storage, will result in the certifying authority issuing a non-compliance
notification for the vehicle.
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u) In cases where special-purpose
vehicles is designed with automatic throttle control based on working load or
has exhaust systems designed in a way that prevents the installation of exhaust
gas sampling devices, emission testing shall not be conducted.
v) The year of manufacture for
vehicles is determined in the following order of priority: information on the
year of manufacture displayed on the original label affixed to the vehicle by
the manufacturer; information provided by the vehicle manufacturer or
accessible through the manufacturer’s records; information on the year of
manufacture available in manufacturer documents such as feature specifications,
technical manuals, or brochures of vehicles; information in copies of vehicle
registration certificates or vehicle deregistration certificates issued by
competent foreign authorities; the year of manufacture derived from the Vehicle
Identification Number (VIN), PIN, or chassis number using software provided by
international organizations or associations that maintain vehicle data. For
vehicles built on a base vehicle, the year of manufacture is determined based
on the year of manufacture of the base vehicle.
Article 5. Application for
inspection
1. The application for inspection
for imported vehicles shall include the following documents:
a) The inspection application form
for safety, technical, and environmental protection of imported vehicles, as
prescribed in Appendix VI attached to this Circular;
b) Imported vehicle information
form, as prescribed in Appendix VII attached to this Circular;
c) Manufacturer’s technical and
feature specifications, which must include basic and specific technical
parameters (if applicable) corresponding to the vehicle type specified in
Appendix III. For specialized vehicles with a total weight of 15,000 kg or
more, trucks, specialized trucks, trailers, and semi-trailers, axle load
capacity must be specified. In cases where the imported vehicle is
manufactured based on a base vehicle, documentation introducing the features
and technical specifications of both the completed vehicle and the base vehicle
must be provided;
d) Factory quality inspection slip;
dd) Part type certificate for
tires, rearview mirrors, headlights, and glass issued by competent authorities
or organizations;
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g) Manufacturer’s VIN decoding
document;
h) Commercial invoice with a list
of goods or equivalent valid documents;
i) Import goods declaration (for
paper applications) or reference number, date, and time of the electronic
import declaration;
k) Emission testing report;
l) Safety testing report;
m) Copy of a valid registration
certificate for circulation, not exceeding 12 months before export, issued by
competent foreign authorities, or legally equivalent documents proving the
vehicle was registered for circulation prior to import into Vietnam;
n) Documentation proving that
vehicles belong to models permitted for circulation in EU, G7 countries, or
countries with emission standards equivalent to or higher than those currently
applicable in Vietnam;
o) Registration form for vehicle
energy consumption levels, as prescribed in Appendix XVIII attached to this
Circular;
p) Energy consumption test report
accompanied by testing documents;
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2. Regulations on exemptions,
reductions of documents; types of documents; and document submission
a) Documents listed in c, d, dd, e,
g, h, i, k, l, m, n, o, p of Clause 1 of this Article must be certified copies
provided by the importer;
b) For documents specified in d, Clause
1 of this Article: the importer must submit one copy for each vehicle model
when registering for inspection and provide additional copies for individual
vehicles before the actual inspection;
c) The document specified in i of
Clause 1 must be submitted before the inspection;
d) Documents listed in k, l, o, p
of Clause 1 can be submitted after receiving test results;
dd) The document specified in g of
Clause 1 applies only to the first-time import application for inspection for
vehicle models under the scope of Decree No. 116/2017/ND-CP into Vietnam;
e) The document specified in point
e, clause 1, Article 5 only applies to unused automobiles under the scope of
Decree No. 116/2017/ND-CP and manufactured in countries applying the type certificate
management method stated in Appendix VIII enclosed with this Circular (except
for cases subject to vehicle testing and sample testing);
g) The documents specified in
points d, dd, and e, clause 1, Article 5 do not apply to the following cases: automobiles
under the scope specified in point b, clause 2, Article 2 of Decree No.
116/2017/ND-CP and clause 1, Article 1 of Decree No. 17/2020/ND-CP of the
Government on amendments to decrees related to investment and business
conditions under the state management of the Ministry of Industry and Trade;
trailers, semi-trailers; four-wheeled passenger vehicles; four-wheeled cargo
vehicles; motorcycles, mopeds, and special-use vehicles;
h) The document specified in point
e, clause 1, Article 5 does not apply to unused automobiles under the scope of
Decree No. 116/2017/ND-CP and manufactured in countries applying the
self-certification management method stated in Appendix VIII enclosed with this
Circular;
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k) The document specified in point
m, clause 1, Article 5 only applies to used automobiles;
l) The document specified in point
n, clause 1, Article 5 only applies to automobiles, motorcycles, and mopeds
under the scope specified in point a, clause 4, Article 6 of this Circular;
m) The documents specified in
points o and p, clause 1, Article 5 apply to vehicle types requiring energy consumption
certification under the national technical regulations on technical safety
quality and environmental protection (except for those specified in clauses 4
and 5, Article 6 of this Circular);
n) The document specified in point
i, clause 1, Article 5 is exempted for cases of vehicle inspection before
opening an import customs declaration and vehicles stored in areas managed by
customs authorities at the border gate;
o) For imported vehicle types not
subject to the vehicle testing and sample testing method, if the importer
provides the certificate number issued for vehicles of the same type stored in
the certifying authority’s database, the corresponding documents specified in
points c, dd, e, k, l, o, and p, clause 1, Article 5 may be exempted by referencing
the archived document in the database;
p) In cases where the engine number
is not included in the import documents (except for trailers and
semi-trailers), the importer may supplement the engine number in the
application for inspection before the actual vehicle inspection;
q) The document specified in point
q, clause 1, Article 5 must be submitted before the inspection is conducted.
Article 6. Inspection methods
1. Vehicle testing and sample
testing
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a) The vehicle type is imported
into Vietnam for the first time;
b) Every 36 months from the date of
issuance of the certificate for the first batch of goods of the same type
imported into Vietnam, a test sample will be randomly selected from an imported
batch upon the request of the importer. This sampling shall not occur earlier
than six months before the 36-month period ends;
c) For imported automobile types
under the scope of Decree No. 116/2017/ND-CP and manufactured in countries
applying the self-certification management method stated in Appendix VIII
enclosed with this Circular, a mid-cycle inspection (not exceeding 20 months
from the date of certificate issuance for the first batch of the cycle) shall
be conducted. The certifying authority, in coordination with the importer,
randomly selects a sample at the importer’s dealership or warehouse (from a
batch that has completed import procedures) for testing technical safety
quality and environmental protection. If no sample is available for testing, a
random sample will be selected from the next consecutive import batch;
d) Imported automobiles under the
scope of Decree No. 116/2017/ND-CP but without a valid COP evaluation result
notification or not manufactured during the validity of the COP evaluation
result notification (except for vehicles manufactured in countries applying the
self-certification management method);
dd) A batch of goods of the same
type as the previous consecutive import batch for which a "non-conformity
notification" was issued.
2. Type confirmation inspection
This method applies to unused
automobiles under the scope of Decree No. 116/2017/ND-CP and meeting all the
following requirements:
a) Belonging to a type that has
been certified;
b) Not subject to the provisions in
clause 1 of this Article;
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d) The certifying authority has not
received complaints, denunciations, or reports regarding technical safety or
environmental protection issues concerning the vehicle type.
3. Random inspection
This method applies to unused
vehicles not subject to the provisions in clauses 1, 2, and 4 of this Article.
4. Individual vehicle inspection
for unused vehicles
This method applies to unused motor
vehicles in the following cases:
a) Automobiles, motorcycles, and
mopeds imported individually under non-commercial customs declarations,
belonging to types permitted for circulation in countries under the EU, G7, or
countries with emission standards equivalent to or higher than the current
emission standards of Vietnam;
b) Automobiles, motorcycles, and
mopeds entitled to diplomatic privileges and immunities as per the Prime
Minister's decision, with documentation showing that the vehicle's emission
standards are equivalent to or higher than Vietnam's current emission standards;
c) Automobiles, motorcycles, and
mopeds imported under the Prime Minister’s decision;
d) Automobiles designed exclusively
for operation within areas such as terminals, ports, airports, amusement parks,
recreational facilities, or construction sites, or with structures and
technical specifications unsuitable for operation on public roads, accompanied
by documentation demonstrating that the vehicle’s emission standards are
equivalent to or higher than Vietnam’s current emission standards;
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5. Individual vehicle inspection
for used vehicles
This method applies to imported
used vehicles.
Article 7. Inspection contents
1. For vehicle sample inspection
and testing, the inspection contents include:
a) Verifying the consistency of
documents within the application for inspection;
b) Inspecting the condition of the
chassis number and engine number of vehicles in the batch and cross-checking
with the list of chassis numbers and engine numbers in the application for
inspection;
c) Identifying the vehicle types in
the batch. Randomly selecting one sample from each vehicle type for comparison
with the documents in the application for inspection and for testing. Testing
requirements for each vehicle type are outlined in Appendix IX enclosed with
this Circular;
d) Reassessing the application
after the importer supplements the Safety test report and Emission test report.
2. For type confirmation
inspection, the inspection contents include:
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b) Inspecting the condition of the
chassis number and engine number of vehicles in the batch and cross-checking
with the list of chassis numbers and engine numbers in the application for
inspection.
3. For random inspection, the
inspection contents include:
a) Verifying the consistency of
documents within the application for inspection, including referenced documents
as stipulated in point o, clause 2, Article 5 of this Circular;
b) Inspecting the condition of the
chassis number and engine number of vehicles in the batch and cross-checking
with the list of chassis numbers and engine numbers in the application for
inspection;
c) Identifying the vehicle types in
the batch. Randomly selecting one sample for each vehicle type and comparing
the sample vehicle with the documents in the application for inspection,
including referenced documents as stipulated in point o, clause 2, Article 5 of
this Circular;
d) For four-wheeled motorized
vehicles designed for operation on dedicated or internal roads: in addition to
the aforementioned requirements, the sample vehicle must be inspected according
to the requirements specified in the National Technical Regulation on technical
safety quality, and environmental protection for four-wheeled motorized
vehicles (QCVN 119:2024/BGTVT);
dd) For special-purpose vehicle: in
addition to the aforementioned requirements, the sample vehicle must be
inspected according to the requirements specified in the National Technical
Regulation on technical safety quality, and environmental protection for
special-purpose vehicle (QCVN 13:2024/BGTVT), including: general requirements,
braking system (braking effectiveness testing not required), control system,
operational system (load testing not required), lighting and signaling system,
emissions, and noise.
4. For the individual inspection of
unused vehicles, the inspection contents include:
a) Verifying the consistency of
documents within the application for inspection, including referenced documents
as stipulated in point o, clause 2, Article 5 of this Circular;
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c) Verifying the vehicle's
specifications, including: vehicle type, condition, brand, trade name, model
code, country of manufacture, year of manufacture, basic technical
specifications outlined in Appendix III enclosed with this Circular for the
respective vehicle type, and ensuring that dimensions, weight, and weight
distribution across the vehicle’s axles comply with the regulations in the
national technical standards on technical safety quality, and environmental
protection for the respective vehicle type.
d) Testing vehicle emissions as
required, using measurement methods Level 4 for automobiles and Level 2 for
motorcycles and mopeds, in accordance with the National Standard TCVN 6438:2018:
Road vehicles - Maximum permissible emission limits.
5. For the individual inspection of
used vehicles, the inspection contents include:
a) Verifying the consistency of
documents within the application for inspection, including referenced documents
as stipulated in point o, clause 2, Article 5 of this Circular;
b) Inspecting the condition of the
chassis number and engine number and cross-checking with the list of chassis
numbers and engine numbers in the application for inspection;
c) Verifying the vehicle's
specifications, including: vehicle type, condition, brand, trade name, model
code, country of manufacture, year of manufacture, basic technical
specifications, and distinctive technical specifications (if any) as outlined
in Appendix III enclosed with this Circular for the respective vehicle type,
ensuring that dimensions, weight, and weight distribution across the vehicle’s
axles comply with the regulations in the national technical standards on technical
safety quality, and environmental protection for the respective vehicle type.
d) Inspecting the quality of
technical safety quality and environmental protection:
For automobiles, trailers,
semi-trailers, four-wheeled passenger vehicles with motors, and four-wheeled
cargo vehicles with motors: inspection shall be carried out as per the
requirements stated in Section 2 "Technical Specifications" of the
National Technical Regulation on inspection of technical safety quality and
environmental protection for automobiles, trailers, semi-trailers, four-wheeled
cargo vehicles with motors, and four-wheeled passenger vehicles with motors
participating in road traffic (QCVN 122:2024/BGTVT). Exemptions include
inspection items such as: registration plates, vehicle color, logos, journey
monitoring devices, surveillance cameras, brake effectiveness and lateral skid,
and deviations in the beams of front headlights. Emissions must meet the
requirements specified by the Prime Minister's Decision regarding the emission
standards roadmap for imported used motor vehicles.
For special-purpose vehicle: Inspection
shall follow the provisions in Section 2.2 of the National Technical Regulation
on technical safety quality, and environmental protection for special-use
machinery (QCVN 13:2024/BGTVT). Exemptions include load testing and brake
effectiveness inspection.
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1. Evaluation content:
The certifying authority conducts
quality assurance evaluations (COP evaluations) for automobile manufacturing
and assembly plants of foreign manufacturers at the request of the importer,
covering the following:
a) Verifying the legal documents of
the foreign automobile manufacturing and assembly plant during the initial
evaluation, including business registration, land-use rights for the plant
premises, and valid certifications such as IATF 16949:2016, ISO 9001:2015, ISO
14001:2015, or equivalent;
b) Assessing conformity in the
production and assembly processes for automobile types imported into Vietnam to
ensure quality and product stability. This includes: regulations, processes,
and work instructions of the foreign automobile manufacturing and assembly
plant: quality control of input components and materials; quality control at
each stage of production and assembly; management of non-conformance and
corrective and preventive actions; inspection of quality of factory-released
vehicles; maintenance and calibration of equipment; warranty, recall processes;
staff training; storage and control of quality inspection records; traceability
of parts and products;
c) Evaluating the items and
standards for factory-released automobile quality inspection as per the foreign
manufacturer’s requirements to ensure mass-produced vehicles conform to the
tested samples, including: brake force tests, wheel alignment (for vehicles
with independent front suspension), lateral skid tests (for vehicles with
dependent front suspension), speedometer error tests, and tests on the
intensity and alignment of front headlights' beams;
d) Reviewing the actual operation
of the quality control system during production, assembly, and factory vehicle
inspection;
dd) Random sampling of automobiles
manufactured or assembled for import into Vietnam, or equivalent vehicles of
the same type that have been inspected and approved for release by the foreign
automobile manufacturing or assembly plant, to verify and compare with the
foreign or Vietnamese test reports. If, at the time of evaluation, the foreign
automobile manufacturing or assembly plant does not have vehicle samples
meeting the specified requirements, random sampling shall be conducted from
imported shipments to Vietnam or from the importer’s warehouse;
e) Waiving COP evaluations if the
automobile type imported is manufactured or assembled at the same foreign
automobile manufacturing and assembly plant that has already received a COP evaluation
result notice confirming compliance, provided the production, assembly, and
inspection processes are similar or simpler compared to those evaluated for the
previously certified automobile type;
g) Conduct supplementary COP
evaluations in cases where the imported automobile type is manufactured and
assembled at the same foreign automobile manufacturing or assembly plant that
has been issued a notice of satisfactory COP evaluation results, but differs in
technology processes, production, assembly, and inspection procedures from the
automobile type previously issued a notice of satisfactory COP evaluation
results (Supplementary COP evaluations are only conducted for the production
and assembly of hybrid or fully electric automobiles if a notice of satisfactory
COP evaluation results has already been issued for the production and assembly
of fossil fuel-powered automobiles). Supplementary COP evaluations may be
conducted by reviewing documentation from the foreign automobile manufacturer
or through on-site evaluations at the manufacturer’s production or assembly
plant if the documentation review does not provide sufficient grounds for a
conclusion.
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Upon successful evaluation of the
above contents and criteria, the certifying authority issues a COP evaluation
result notice confirming compliance for the foreign automobile manufacturing
and assembly plant, with a copy sent to the importer.
In cases where the evaluation does
not meet the requirements, if the foreign automobile manufacturing or assembly
plant fails to address the non-conformities within six months from the date of
the unsatisfactory evaluation result, the certifying authority will issue a
notification of non-compliance in the COP evaluation to the manufacturing or
assembly plant, with the importer as the recipient.
3. Validity of COP evaluation
result notices:
a) The validity period of the COP
evaluation result notice is stipulated in accordance with the provisions of
this Circular.
b) Within three months before the
expiration of the COP evaluation result notice from the previous evaluation
cycle, the certifying authority may conduct a periodic COP evaluation at the
request of the importer. If the evaluation meets requirements, the validity of
the periodic COP evaluation result notice will commence from the date the
previous notice expires. If the evaluation reveals non-compliance in any of the
following areas: products failing to meet the requirements of corresponding
national technical regulations, inconsistencies with certified product types; lack
of factory inspections, non-compliance with factory inspection guidelines by
technicians, or improper issuance of factory slips, quality control technicians
at the foreign automobile manufacturing or assembly plant fail to comply with
the quality control guidelines or utilize testing equipment as prescribed by
the plant for their assigned positions; factory slips are issued inconsistently
with the certified vehicle type, the previous COP evaluation results will be
invalidated as of the date the COP evaluation report is finalized. Once the
foreign automobile manufacturing and assembly plant addresses the deficiencies,
the validity of the periodic COP evaluation result notice will begin from the
expiration date of the previous notice.
c) If the importer requests a
periodic COP evaluation after the expiration of the previous COP evaluation
result notice (resulting in a gap in validity), the validity of the periodic
COP evaluation result notice will begin from the completion date of the
periodic COP evaluation.
d) The validity of COP evaluation
result notices for exemptions or supplementary COP evaluations, as specified in
Points e and g, Clause 1 of this Article, will align with the validity of the
COP evaluation result notice for the vehicle type used as the basis for
exemption or supplementary COP evaluation.
Section 2. MOTOR VEHICLE PARTS
Article 9. Procedures
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The importer shall prepare one (01)
set of application for inspection as prescribed in Article 10 of this Circular
and submit it online via the National Single Window Portal (electronic
submission). In force majeure cases, the importer may submit a paper
application to the certifying authority at the addresses published on the
certifying authority's website.
2. Receipt of application for
inspection
The certifying authority shall
receive, review, and provide feedback on the application for inspection within
one working day from the date the importer submits them. In specific: For complete
application for inspection: the certifying authority shall sign and confirm the
Application form for inspection of technical safety quality and environmental
protection for imported automotive parts as per the form in Appendix VI of this
Circular. The system will automatically assign a registration number and upload
it to the National Single Window Portal (for electronic submissions). For paper
submissions, the certifying authority will issue the registration number, sign
the registration, and return it to the importer for customs clearance
procedures at the port customs authority. If the application for inspection are
incomplete, the certifying authority will notify the importer via the National
Single Window Portal (for electronic submissions) or issue a notification as
per the form in Appendix X of this Circular (for paper submissions) to allow
the importer to supplement or amend the application for inspection.
The certifying authority has the
right to refuse to accept or return the application for inspection and notify
the importer via the National Single Window Portal (for electronic application)
or via the template specified in Appendix X enclosed with this Circular (for
physical application) in the following cases:
a) The parts are not listed under
the category of products and goods potentially posing safety risks under the
management responsibility of the Ministry of Transport;
b) The application for inspection
indicate that the parts fall under the prohibited import goods list as per
Decree No. 69/2018/ND-CP;
c) The documents in the application
for inspection contain images or content that misrepresent national sovereignty
or other content that adversely affects Vietnam's security, politics, economy,
society, or diplomatic relations;
d) If the importer fails to provide
the required documents specified in Clause 1, Article 10 of this Circular for
the previously submitted application for inspection within 45 days from the
date of submission (except in cases of force majeure, ongoing sample testing, or
ongoing quality assurance evaluation for the manufacturing plant);
dd) The importer does not submit
required reports as per Point a, Clause 5 of this Article;
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3. Application verification:
After the importer has supplemented
all required documents specified in Point b, dd, e of Clause 1, Article 10 of
this Circular (for applications for certification by imported batch) or the required
documents specified in Point b, c, dd, e of Clause 1, Article 10 of this
Circular (for applications for certification by part type), the certifying
authority shall review the application within 7 working days from the date of
receipt of all required documents. If the application is deemed invalid, the
certifying authority will notify the importer via the National Single Window
Portal (for electronic submissions) or using the notification form provided in
Appendix X of this Circular (for paper submissions), allowing the importer to
make necessary amendments or additions.
4. Issuance of the Quality
Certificate
Within 4 working days from the date
when the application is assessed as complete and valid under the regulations,
the certifying authority shall issue the Quality Certificate via the National
Single Window Portal (for electronic submissions) or as a paper certificate
(for paper submissions or in cases of force majeure where issuance via the
National Single Window Portal is not possible) for each part type in the
registration application, as follows:
a) Issue the Quality Certificate
for the part type for imported parts in cases where all required documents
specified in Clause 1, Article 10 of this Circular and a compliant Part Testing
Report are provided;
b) Issue the Quality Certificate
for the batch of imported parts in cases where the registration application
includes the application for inspection specified in Points a, b, d, dd, e of
Clause 1, Article 10 of this Circular and a compliant Part Testing Report;
c) Issuance of a notice of
non-compliance for the following cases: The Part Testing Report does not meet
requirements; the importer fails to supplement the required application within
45 days from the date the goods were cleared or temporarily released for
storage (except in cases of ongoing sample testing, or ongoing quality
assurance evaluation for the manufacturing plant);
d) Issue a violation notification
for imported parts falling into one of the following categories: Parts listed
in the prohibited import goods category as per Decree No. 69/2018/ND-CP;
documents in the application for inspection or the imported parts include
contain images or content that violates national sovereignty or otherwise
affects Vietnam's security, politics, economy, society, or diplomatic
relations; other cases where the imported goods are subject to administrative
sanctions involving confiscation under the provisions of law.
5. Handling arising issues
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b) The certifying authority
reserves the right to conduct surprise inspections of imported batches if
violations of technical safety quality are discovered or if there are valid
complaints, denunciations, or reports concerning the technical safety quality and
environmental protection of imported parts. If the inspection results or
verification are inconclusive, the certifying authority may collect part
samples from the importer’s storage or the next imported batch for testing. Sampling
and testing costs will follow the provisions of Article 41 of the Law on
Product and Goods Quality;
c) In cases where the imported
batch of spare parts of the same type is limited in quantity, insufficient for
sampling as per regulations, or where the testing costs exceed the value of the
imported batch of the same type, the document specified at Point e, Clause 1,
Article 10 of this Circular may be replaced with a test report or a type
approval certificate for the spare parts issued by a foreign entity, or with
documentation from the manufacturer indicating that the imported spare parts of
the same type are manufactured in compliance with Vietnamese regulations or the
manufacturer's standards.
Article 10. Application for
inspection
1. The application for inspection
for imported parts shall include the following documents:
a) Application form for inspection
of technical safety quality and environmental protection of imported parts,
using the form specified in Section II of Appendix VI enclosed with this
Circular;
b) Parts information form using the
form specified in Appendix XIV of this Circular, along with photographs of each
part type (showing the entire product from two opposite sides, and including
labels and markings on the product);
c) COP evaluation results showing
compliance, issued to the parts manufacturer;
d) Commercial invoice along with a
list of goods;
dd) Import declaration form for
paper submissions, or the serial number, date, and time of the Import
declaration form for electronic submissions;
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2. Regulations on exemptions,
reductions of documents; types of documents; and document submission
a) The application for inspection
specified in Points c, d, dd, and e of Clause 1 of this Article must be
submitted as copies certified by the importer.
b) The application for inspection
specified in Points b and dd of Clause 1 of this Article must be submitted
within 15 working days from the date of customs clearance or when the goods are
authorized to be stored.
c) The document specified in Point
c of Clause 1 of this Article applies only to certification for part types and
must be submitted before the certification process. If awaiting issuance of COP
evaluation results, the importer may submit a COP evaluation report and must
provide the COP evaluation results within 90 days.
d) The document specified in Point
e of Clause 1 of this Article must be submitted before the certification
process.
dd) Exemption from the document
specified in Point e of Clause 1 of this Article applies to parts imported for
recalls, repairs, replacements, or warranty services for motor vehicles, or for
imports of fewer than 15 units, if one of the following conditions is
satisfied: the parts are of the same type as those already issued with a Parts
testing report or certificate; the parts are of the same type as those
installed on motor vehicles already certified; the parts are of the same type
as those with a Parts testing report or certificate issued by a foreign testing
agency.
Article 11. Content of quality
assurance evaluation for manufacturing plants of foreign spare parts
manufacturers
1. Evaluation content:
The certifying authority conducts
quality assurance evaluations for foreign spare parts manufacturers (COP
evaluation) at a time proposed by the importer, covering the following
contents:
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b) Evaluation of production
compliance for imported spare parts types to ensure quality and maintain
product consistency. This includes reviewing the foreign spare parts
manufacturer's regulations, processes, and work instructions: quality control
of input components and materials; quality control at each stage of production;
management of non-conformance and corrective and preventive actions; inspection
of product quality before release; maintenance and calibration of equipment; product
warranty (except for spare parts imported for vehicle production and assembly
in Vietnam); professional training; recordkeeping and control of quality
inspection documents; traceability of components and products;
c) Evaluating the quality
inspection items and standards for released spare parts based on the foreign
spare parts manufacturer's regulations to ensure mass-produced spare parts
conform to the tested samples;
d) Supplemental COP evaluations are
conducted when the imported spare parts type is produced at the same foreign
spare parts manufacturer that has already received a valid COP evaluation
result but differs in production technology and inspection processes from
previously evaluated spare parts. Supplemental COP evaluations may be conducted
through document review of the foreign spare parts manufacturer or through
on-site evaluations at the manufacturing plant if the documents are
insufficient for conclusion.
2. Evaluation results:
Upon successful evaluation of the
above contents and criteria, the certifying authority issues a COP evaluation
result notice confirming compliance for the foreign spare parts manufacturer,
with a copy sent to the importer.
In cases where the evaluation does
not meet the requirements, if the foreign spare parts manufacturer fails to
address the non-conformities within six months from the date of the
unsatisfactory evaluation result, the certifying authority will issue a
notification of non-compliance in the COP evaluation to the foreign spare parts
manufacturer, with the importer as the recipient.
3. Exemptions from COP evaluation
in the following cases:
a) Imported spare part types
produced at the same manufacturing facility of the foreign spare parts manufacturer
that has been issued a COP evaluation result notification meeting requirements,
provided that the production process and inspection procedures have not
undergone any fundamental changes or are simpler compared to those of the spare
part types previously evaluated for COP compliance;
b) Foreign spare parts
manufacturers that have undergone an initial evaluation by the certifying
authority (effective from the date of enforcement of Decree No. 116/2017/ND-CP)
and have a valid COP evaluation result notification, provided that production
has not been interrupted for more than 90 days and the importer submits ECE
documentation compliant with applicable regulations and still valid.
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a) If the initial or periodic COP
evaluation meets the requirements, the certifying authority, based on the
evaluation results and Appendix XVII of this Circular, issues a COP compliance
notice valid for 36 months, 24 months, or 12 months, starting from the
conclusion date of the successful COP evaluation;
b) For cases where periodic COP
evaluations are exempt as per point e, clause 1 of this Article, the validity
of the COP compliance notice is determined based on the effective date of the
ECE documentation. If the ECE documentation expires, the importer must provide
updated and compliant ECE documentation. If the importer cannot immediately
provide new ECE documentation, they must submit a COP evaluation report and
update the ECE documentation within 90 days;
c) Within three months before the
expiration of the previous COP compliance notice, the certifying authority may
conduct a periodic COP evaluation upon the importer’s request. If the
evaluation meets the requirements, the validity of the new COP compliance
notice starts immediately after the previous notice expires. If deficiencies
directly affecting technical safety or environmental protection are found, the
COP compliance notice's validity is temporarily suspended from the conclusion
date of the evaluation. After the foreign parts manufacturer addresses these
deficiencies, the validity of the periodic COP compliance notice is reinstated
from the expiration date of the previous notice;
d) If the importer requests a
periodic COP evaluation after the validity of the previous COP compliance
notice has expired (resulting in a gap in COP compliance), the validity of the
new COP compliance notice begins from the conclusion date of the successful
periodic COP evaluation;
dd) The validity of the COP
compliance notice in cases of COP evaluation exemption as stipulated in point
a, clause 3 of Article 11, or supplemental COP evaluations as stipulated in
point d, clause 1 of Article 11, aligns with the validity of the COP compliance
notice issued for the parts type used as the basis for the exemption or
supplemental evaluation.
Chapter III
PROVISIONS ON COPIES OF ISSUANCE, VALIDITY PERIOD,
REISSUANCE, SUSPENSION, AND REVOCATION OF QUALITY CERTIFICATES
Article 12. Copies of issuance
and validity period of Quality Certificates
1. In the case of paper-based
documents, the copies are issued as follows:
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b) For certificates issued for
parts, non-compliance notices, and violation notices: one copy for record-keeping,
one copy for customs clearance procedures.
2. For electronic documents: paper
copies are issued when electronic data sharing between the certifying authority
and related agencies involved in customs, tax, registration, and road vehicle
inspection procedures is not yet operational.
3. Validity period of Quality Certificates:
a) Certificates, exemption notices,
non-compliance notices, and violation notices are issued without a validity
period, except as stipulated in point b of this clause;
b) Certificates issued for parts
types as specified in point a, clause 4, Article 9 of this Circular are valid
for 36 months.
Article 13. Provisions on
reissuance or replacement of paper copies of Quality Certificates
1. Paper copies of Quality
Certificates may be replaced in cases of damage or reissued in cases of loss,
expiration, or changes to information on the importer’s name or address.
2. The importer shall submit a
complete application for reissuance online through the National Single Window
Portal. In cases of force majeure, the importer may submit a paper-based
application to the certifying authority. The application includes:
a) The application form as per the
form in Appendix XVI enclosed with this Circular, specifying whether the
request is for replacement or reissuance.
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3. Replacement of Quality
Certificates due to damage:
Within a maximum of one working day
from the receipt of the application, the certifying authority shall review and
verify the application contents: If the application is incomplete, the
authority shall guide the importer on how to complete the application as per
regulations. If the application is complete, the authority shall inspect and
evaluate the application to issue the replacement Quality Certificate.
Within four working days from the
receipt of a complete application as prescribed in Clause 2 of this Article,
the certifying authority shall:
a) Issue a replacement original
Quality Certificate if the application complies with regulations. Upon
receiving the replacement Quality Certificate, the importer must return the damaged
original Quality Certificate;
b) In cases where a replacement is
not issued, the certifying authority shall provide a written response detailing
the reasons.
4. Reissuance of Quality
Certificates due to loss
a) Within one working day from the
receipt of the application, the certifying authority shall review and verify
the application contents: If the application is incomplete, the authority shall
guide the importer on how to complete the application as per regulations. If
the application is complete, the authority shall inspect and evaluate the
application to issue the replacement Quality Certificate.
b) Within four working days from
the receipt of a complete application as prescribed in Clause 2 of this
Article, the certifying authority shall notify the importer and relevant
agencies (customs, tax, and police) in writing. If the application is
incomplete, the certifying authority shall guide the importer on how to
complete the application.
c) After 24 working days from the
issuance of the written notification as stated in Point a of this Clause, if no
response is received from the agencies mentioned in Point b of this Clause, the
certifying authority shall issue a copy (paper or electronic) of the Quality
Certificate. In cases where the certificate is not reissued, the certifying
authority shall provide a written response detailing the reasons.
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The reissuance procedure shall be
carried out in accordance with Articles 9 and 10 of this Circular.
6. Reissuance of Quality
Certificates for expired spare part types
The reissuance procedure shall be
carried out in accordance with Articles 9 and 10 of this Circular. Test samples
shall be randomly selected from the importer’s warehouse by the certifying
authority.
Article 14. Regulations on
suspension and revocation of Quality Certificates
1. The certifying authority shall
suspend the validity of the certificate issued for an imported spare part type
and notify the importer and customs authorities at the port of entry via the
National Single Window Portal or in writing if any of the following cases
apply:
a) The Certificate of Conformity of
Production (COP) evaluation report has expired, and the importer fails to
provide one of the following: a new cycle COP evaluation report with a
satisfactory result; ECE documents that are compliant with regulations and
remain valid; a new cycle COP evaluation report;
b) More than 90 days have passed
since the submission of the COP evaluation report, but the importer has failed
to provide ECE documents for the new cycle that comply with regulations;
c) The importer fails to comply
with the reporting obligations on importation status or sampling requirements
as specified in Points a and b, Clause 5, Article 9 of this Circular.
2. The certifying authority shall
revoke the suspension of the validity of the certificate issued for the type of
imported spare parts and notify the importer in writing if, within 6 months
from the date the certifying authority announced the suspension of the
certificate's validity for the type of imported spare parts, the importer
fulfills the requirements specified in Clause 1 of this Article.
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a) Revocation of the certificate
issued for an imported spare part type shall occur if: the importer is
dissolved or declared bankrupt according to legal regulations; more than six
months have passed since the suspension of the certificate, and the importer
has failed to meet the requirements specified in Clause 1 of this Article;
b) Revocation of the Quality
Certificate shall occur in the following cases: the importer has falsified
documents in the application for inspection; the Quality Certificate was issued
in violation of legal regulations.
Chapter IV
REGULATIONS ON ENERGY CONSUMPTION AND ENERGY LABELING
OF MOTOR VEHICLES
Article 15. General provisions
on energy consumption and energy labeling of motor vehicles
1. Importers must disclose the
energy consumption of motor vehicles. Disclosure of energy consumption must
meet the following requirements:
a) Consistent with the information
and energy consumption levels of vehicle types that have been certified;
b) Publish the energy consumption
information of the vehicle type on the importer’s website or the vehicle
dealership’s website (if applicable). The disclosed information must be
maintained throughout the period the importer or dealership supplies the
vehicle type to the market.
2. New passenger cars, motorcycles,
and mopeds must have energy labels affixed before being marketed, as specified
in Decision No. 04/2017/QD-TTg dated March 9, 2017, of the Prime Minister,
which promulgates regulations on the list of vehicles and equipment requiring
energy labeling, the application of minimum energy performance standards, and
the implementation roadmap. Exceptions include vehicles listed in Points a, b,
and c, Clause 4, Article 6 of this Circular.
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4. Importers are encouraged to
register for energy labeling for vehicles not specified in Clause 2 of this
Article.
5. If a vehicle type meets the
conditions for extending the recognition of emission test results as stipulated
in the national technical regulations for the vehicle type that has undergone
emission and energy consumption testing, the importer may use the certified
energy consumption test report for the same vehicle type to complete the
certification process without repeating the energy consumption test.
Article 16. Inspection and
supervision of energy labeling for motor vehicles
1. The certifying authority shall
organize the inspection and supervision of energy labeling implementation as
follows:
a) Annually, prepare plans and
conduct inspections to ensure compliance with the disclosure of energy consumption
information and the labeling implementation by importers and dealers of
imported vehicles;
b) Conduct unscheduled inspections
upon receiving reports or complaints regarding suspected violations of energy
labeling regulations by importers or dealers of imported motor vehicles.
2. If clear signs of violations
related to certified or disclosed energy consumption are identified, the
certifying authority shall require the importer to retest the energy
consumption.
3. If violations related to energy
labeling are discovered, the certifying authority shall notify the Ministry of
Industry and Trade in writing, detailing the violations for further review and
handling in accordance with legal regulations.
Chapter V
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Article 17. Goods subject to
recall
Goods subject to the provisions of
Decree No. 116/2017/ND-CP must be recalled in the following cases:
1. Goods recalled as announced by
the manufacturer;
2. Goods recalled upon request by
the certifying authority. Such a request is made based on specific evidence or
the results of investigations into reports concerning the technical safety
quality and environmental protection of imported goods.
Article 18. Procedures for
conducting recalls
1. For importers:
If goods released to the market are
found to have technical defects requiring recall, the importer must undertake
the following tasks:
a) Within five (05) working days of
receiving a recall notice from the manufacturer or the certifying authority,
the importer must notify all sales agents in writing to halt sales of the goods
subject to recall that have not yet been rectified;
b) Within ten (10) working days of
receiving a recall notice from the manufacturer or the certifying authority,
the importer must submit a written report to the certifying authority,
including the following details: the cause of the technical defect; remedial
measures; the quantity of goods subject to recall; a suitable recall plan;
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2. For the certifying authority:
a) Issue a written notification to
the importer acknowledging receipt of the recall plan and specifying any
additional requirements for the recall program (if applicable);
b) Require the importer to
implement the recall;
c) Publish information about the
recalled goods on the certifying authority's website;
d) Monitor and inspect the
implementation of the recall by the importer according to the recall plan;
dd) Suspend quality certification
procedures for any importer who fails to fulfill their responsibilities as
stipulated in Clause 1 of this Article;
e) Consider suspending technical
safety quality and environmental protection certification procedures for goods
from the same manufacturer if the importer provides evidence that the
manufacturer failed to cooperate in executing the recall plan;
g) For goods subject to recall that
have not yet been issued a Quality Certificate by the certifying authority, the
certifying authority shall notify the customs authority at the location where
the goods are declared for importation to allow the importer to temporarily
release the goods for defect remediation. After the importer provides a list of
goods that have been rectified according to the manufacturer's requirements,
the certifying authority will proceed with certification in accordance with
regulations.
Chapter VI
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Article 19. Responsibilities of
importers
1. Be accountable for the
truthfulness, accuracy, validity, and legality of all documents and materials
submitted to the certifying authority.
2. Take responsibility for the
technical safety quality and environmental protection of goods they import, as
stipulated by law.
3. Ensure the imported goods remain
in their original condition as required for inspection by the certifying
authority.
4. Be responsible for transporting
samples to the testing facility and ensuring the samples remain in their
original condition as per regulations.
5. Cooperate with the certifying
authority during the inspection process for technical safety quality and
environmental protection.
6. Recall automobiles subject to
Decree No. 116/2017/ND-CP with defects as stipulated in this Circular. Proactively
address defects or recall other defective products in accordance with laws on
product quality and consumer protection and submit a report on the
implementation results upon request by the certifying authority.
7. In the event of an electronic
transaction failure on the National Single Window Portal, promptly notify the
portal management authority to coordinate resolution efforts.
8. Submit written reports (in paper
or electronic form) to the certifying authority annually and immediately after
the recall period as per the plan.
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a) Report title: Periodic report on
energy labeling;
b) Contents required in the report:
Number of vehicle types labeled with energy labels; average energy consumption
per importer over a one-year period;
c) Entities responsible for
reporting: importers;
d) Receiving authority: Certifying
authority;
dd) Methods of report submission: reports
shall be presented in the form of either paper documents or electronic
documents and submitted via one of the following methods: direct submission,
postal services, email systems, or other methods as prescribed by law;
e) Report submission deadline: No
later than December 31 of each year;
g) Reporting frequency: Annually;
h) Data cutoff period: from
December 15 of the year preceding the reporting period to December 14 of the
reporting year.
10. Affix the chassis number and
engine number rubbings to the back of the certificate of conformity for the
technical safety quality, and environmental protection of imported vehicles,
the exemption notice for quality inspection of technical safety and
environmental protection for imported vehicles, and affix seal across the
margins of the pages to facilitate the full online vehicle registration process
in accordance with the regulations of the Minister of Public Security.
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Article 20. Responsibilities of
the certifying authority
1. Issue, manage, and take
responsibility for the results of Quality Certificates.
2. Conduct ad-hoc inspections of
imported goods when violations or complaints about the quality of imported
goods or non-compliance with energy labeling regulations are detected.
3. Notify competent authorities to
address violations when importers or vehicle traders breach energy labeling
regulations.
4. Publish the list of vehicles
subject to recalls and recall details on the certifying authority's electronic
portal.
5. Collaborate with importers and
the administrators of the National Single Window Portal and the Ministry of
Transport's Electronic Portal to resolve electronic transaction issues as per
regulations.
6. Recognize, designate, and
publicly disclose the list of testing facilities authorized to test vehicles
and components for quality certification related to technical safety, environmental
protection, and energy consumption of motor vehicles.
7. Retain records in accordance
with legal regulations.
8. Compile results of quality
certifications for technical safety and environmental protection, as well as
inspections related to energy labeling for imported goods, to report to
competent authorities.
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IMPLEMENTATION
Article 21. Transitional
provisions
1. Quality Certificates issued
prior to the effective date of this Circular remain valid until the expiration
dates stated on those certificates.
2. Vehicle types that have been
certified with fuel consumption levels or declared energy consumption levels in
accordance with regulations before the effective date of this Circular may use
the certified or declared energy consumption levels as the basis for
certification or exemption notices until the time of the next scheduled sample
vehicle testing.
3. Vehicle types certified for
technical safety quality and environmental protection before the effective date
of this Circular must undergo sample vehicle testing within 36 months from the
last sample vehicle testing date for that vehicle type.
Article 22. Entry into force
1. This Circular comes into force
on January 1, 2025.
2. The following Circulars and
provisions in issued Circulars are repealed as of the effective date of this
Circular:
a) Circular No. 31/2011/TT-BGTVT
dated April 15, 2011, of the Minister of Transport on the inspection of
technical safety quality and environmental protection for imported motor
vehicles;
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c) Circular No. 03/2018/TT-BGTVT
dated January 15, 2018, of the Minister of Transport on the inspection of
technical safety quality and environmental protection for imported automobiles
subject to Decree No. 116/2017/ND-CP;
d) Circular No. 05/2020/TT-BGTVT
dated February 26, 2020, of the Minister of Transport on amendments to Circular
No. 03/2018/TT-BGTVT dated January 15, 2018, on the inspection of technical
safety quality and environmental protection for imported automobiles subject to
Decree No. 116/2017/ND-CP;
dd) Circular No. 44/2012/TT-BGTVT
dated October 23, 2012, of the Minister of Transport on the inspection of
technical safety quality and environmental protection for imported motorcycles,
mopeds, and engines used for the production and assembly of motorcycles and
mopeds;
e) Circular No. 19/2014/TT-BGTVT
dated May 28, 2019, of the Minister of Transport on amendments to Circular No.
23/2009/TT-BGTVT dated October 15, 2009, of the Minister of Transport on the
inspection of technical safety quality and environmental protection for
special-use vehicles, Circular No. 44/2012/TT-BGTVT dated October 23, 2012, of
the Minister of Transport on the inspection of technical safety quality and
environmental protection for imported motorcycles, mopeds, and engines used for
the production and assembly of motorcycles and mopeds, and Circular No.
41/2013/TT-BGTVT dated November 5, 2013, of the Minister of Transport on the
inspection of technical safety quality and environmental protection for electric
bicycles.
3. In cases where the legal
documents, national technical regulations, or standards referenced in this
Circular are amended, supplemented, or replaced, the amended, supplemented, or
replaced documents, regulations, or standards shall prevail./.
PP.
MINISTER
DEPUTY MINISTER
Nguyen Duy Lam
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