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THE
MINISTRY OF SCIENCE AND TECHNOLOGY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
01/2003/QD-BKHCN
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Hanoi,
February 30, 2003
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DECISION
PROMULGATING THE REGULATION ON QUALITY MANAGEMENT,
INDUSTRIAL PROPERTY AND TECHNOLOGY TRANSFER, APPLICABLE TO MOTORCYCLES,
MOTORCYCLE ENGINES AND SPARE PARTS MANUFACTURED AND/OR ASSEMBLED AT HOME AND
IMPORTED
THE MINISTER OF SCIENCE AND TECHNOLOGY
Pursuant to the Ordinance on Goods
Quality of December 24, 1999;
Pursuant to the Government’s Decree No. 22/CP of May 22, 1993 on the tasks,
powers and organizational structure of the Ministry of Science, Technology and
Environment (now the Ministry of Science and Technology);
Pursuant to the Government’s Decree No. 86/CP of December 8, 1995 prescribing
the assignment of responsibilities for the State management over goods quality;
Pursuant to the Prime Minister’s Decision No. 147/2002/QD-TTg of October 25,
2002 on the mechanism for administration and management of the import, export,
manufacture and assembly of motorcycles and their spare parts in the 2003-2005
period;
Pursuant to the Prime Minister’s directions in Official Dispatch No.
1665/CP-KTTH of December 25, 2002 on the enhancement of the management of
quality and tax calculation prices of imported motorcycles, motorcycle engines
and spare parts;
Pursuant to the Prime Minister’s directions in Official Dispatch No.
1699/CP-KTTH of December 31, 2002 on the application of measures to manage the
import, manufacture, assembly and circulation of motorcycles in 2003;
At the proposals of the general director of the General Department of
Standardization, Metrology and Quality Control, the director of the National
Office of Industrial Property and the director of the Office for Technological
and Environmental Evaluation of Investment Projects,
DECIDES:
Article 1.-
To promulgate together with this Decision the Regulation on quality management,
industrial property and technology transfer, applicable to motorcycles and
motorcycle engines and spare parts manufactured and/or assembled at home and
imported.
Article 2.-
The General Department of Standardization, Metrology and Quality Control, the
National Office of Industrial Property and the Office for Technological and
Environmental Evaluation of Investment Projects shall organize, guide and
inspect the implementation of this Decision.
Article 3.-
This Decision takes effect 15 days after it is published on the Official
Gazette.
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FOR
THE MINISTER OF SCIENCE AND TECHNOLOGY
VICE MINISTER
Bui Manh Hai
REGULATION
ON QUALITY MANAGEMENT, INDUSTRIAL PROPERTY AND TECHNOLOGY
TRANSFER, APPLICABLE TO MOTOR-CYCLES, MOTORCYCLE ENGINES AND SPARE PARTS
MANUFACTURED AND/OR ASSEMBLED AT HOME AND IMPORTED
(Promulgated together with the Science and Technology Minister’s Decision
No. 01/2003/QD-BKHCN of January 30, 2003)
I. GENERAL
PROVISIONS
1.1. This document applies to
the following subjects:
- Enterprises manufacturing
and/or assembling motorcycles.
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- Enterprises importing
motorcycles in complete units, motorcycle engines and spare parts (including
knocked down engine components).
1.2. This document prescribes
the contents of and procedures for quality management, industrial property and
technology transfer, applicable to motorcycles, motorcycle engines and spare
parts manufactured and/or assembled at home and imported.
1.3. Only motorcycles and
motorcycle engines, which are manufactured and/or assembled at home and
imported and satisfy all the requirements of the quality management, industrial
property and technology transfer prescribed in this Decision, shall be
registered for inspection according to the regulations of the Ministry of
Communications and Transport.
1.4. The registration for
inspection of quality of motorcycles and motorcycle engines manufactured at
home shall comply with the regulations of the Ministry of Communications and
Transport, and under the responsibility assignment by the Prime Minister in
Clause 5, Article 2 of his Decision No. 147/2002/QD-TTg of October 25, 2002.
1.5. Enterprises manufacturing
and/or assembling motorcycles, motorcycle engines and spare parts, including
knocked down engine components, shall announce the quality standards for their
products according to the provisional Regulation on announcement of goods
quality standards, promulgated together with Decision No. 2425/2000/QD-BKHCNMT
of December 12, 2000 of the Minister of Science, Technology and Environment
(now the Ministry of Science and Technology).
1.6. Motorcycles, motorcycle
engines and spare parts, manufactured and/or assembled at home, which are on
the list of products subject to the compulsory application of Vietnamese
standards, must be announced by the manufacturing and/or assembling enterprises
as being compatible with the standards under the provisional Regulation on
announcement of standard-compatible goods, promulgated together with Decision
No. 2424/2000/QD-BKHCNMT of December 12, 2000 of the Minister of Science,
Technology and Environment (now the Ministry of Science and Technology).
1.7. The agencies in charge of
the State management over quality shall organize the inspection of the
announcement of quality standards and standard-compatible goods by the
enterprises manufacturing and/or assembly motorcycles, motorcycle engines and
spare parts, and handle violations thereof according to the provisions of law.
1.8. Motorcycles, motorcycle
engines and spare parts manufactured and/or assembled at home and imported must
comply with the provisions of the industrial property legislation.
1.9. Enterprises manufacturing
and/or assembling motorcycle engines must have contracts for technology
transfer from their foreign or domestic partners that have researched and
succeeded in manufacturing motorcycle engines up to the Vietnamese standards or
foreign standards equivalent to the Vietnamese standards.
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1. Contents and procedures for
managing motorcycle quality
1.1. For motorcycles
manufactured and/or assembled at home:
Motorcycle-manufacturing and/or
-assembling enterprises shall have to:
- Publicly announce the quality
standards for motorcycles.
- Publicly announce the
motorcycle products which are compatible with the Vietnamese Standards (VNS) on
motorcycles as prescribed at Point 1.6, Part I of this document.
- Make registration for quality
inspection at the registration agencies according to the regulations of the
Ministry of Communications and Transport.
1.2. For imported motorcycles in
complete units:
1.2.1. For motorcycles in
complete units imported from a partner that has implemented the agreement on
mutual recognition, their quality shall be determined according to quality
certificates of the competent agency or organization of the exporting party
recognized by the two parties (the foreign partner and the Vietnamese party).
1.2.2. For motorcycles in
complete units imported from the countries which have signed with Vietnam
agreements on mutual recognition regarding the certification results, the
customs clearance for motorcycles when being imported into Vietnam shall be
effected by means of quality certificate for each lot of motorcycles, granted
by the certifying agency or organization of the exporting country already
recognized by the two parties.
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The customs offices shall base
themselves on quality certificates of the registration agency of the Ministry
of Communications and Transport to carry out the customs clearance procedures
for those motorcycle lots.
The list of foreign agencies and
organizations of the above-said exporting countries, which grant quality
certificates for imported motorcycles in complete units and the enclosed forms
of certificates and specimens of certification stamps and seals shall be widely
notified to the concerned agencies and enterprises.
2. Contents and procedures for
managing quality of motorcycle engines
2.1. For home-made engines
Enterprises manufacturing and/or
assembling engines shall have to:
- Publicly announce the quality
standards for engines and engine details.
- Publicly announce the products
being engines and engine details, which are compatible with the Vietnamese
Standards (VNS) as prescribed at Point 1.6, Part I of this document.
- Make registrations according
to the regulations of the Ministry of Communications and Transport.
2.2. For imported engines
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Imported engines in complete
units shall be treated like imported motorcycles in complete units.
2.2.2. For imported knocked down
engine components
Knocked down motorcycle engine
components imported into Vietnam must have clear origins, including: names and
addresses of manufacturers or suppliers, quality certificates of the competent
agencies or organizations, slips of quality test by testing organizations
recognized by the competent recognizing agencies of the exporting countries or
quality certificates or testing records by the manufacturers or suppliers
recognized by the competent recognizing agencies of the exporting countries.
Enterprises shall only be
allowed to import knocked down motorcycle engine components of the
manufacturing establishments already certified as having quality management
systems according to ISO 9000 or QS 9000 or equivalent quality management
systems applicable to the field of motorcycle engine manufacture and assembly.
For special cases, the Ministry of Science and Technology shall consider them
in detail and decide.
Enterprises shall have to send
documents on origins of components and copies of certificates of the above-said
quality management systems to the Ministry of Science and Technology for
examination. The Ministry of Science and Technology shall have to notify them
to the concerned agencies for coordinated management. Border-gate customs
offices shall base themselves on examination conclusions of the Ministry of
Science and Technology to permit the customs clearance of imported knocked down
engine details. The registration agency of the Ministry of Communications and
Transport shall base itself on such list to manage quality according to the
regulations of the Ministry of Communications and Transport.
Engines assembled from imported
knocked down components and home-made components must be subject to
registration for inspection according to the regulations of the Ministry of
Communications and Transport.
3. Contents and procedures for
managing quality of motorcycle spare parts
3.1. For home-made motorcycle
spare parts
Enterprises manufacturing
motorcycle spare parts shall have to:
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- Publicly announce the products
being motorcycle spare parts which are compatible with the Vietnamese Standards
(VNS) as prescribed at Point 1.6, Part I of this document.
3.2. For imported motorcycle
spare parts
They shall comply with the
regulations applicable to imported knocked down engine components specified at
Point 2.2.2, Section 2, Part II of this document.
III.
REGARDING INDUSTRIAL PROPERTY
1. Enterprises manufacturing
and/or assembling motorcycles and motorcycle spare parts shall have to produce
one of the following documents before being considered as having protected
trademarks:
a/ Certificates of registered
trademarks, with the enterprises being trademark owners; or
b/ The National Office of
Industrial Property’s certification that trademarks are protected in Vietnam
under the Madrid Agreement, with the enterprises being trademark owners; or
c/ Trademark license contracts
already registered with the National Office of Industrial Property, with the
enterprises being licensees.
2. Activities of importing
motorcycles in complete units and/or motorcycle spare parts, manufacturing or
ordering the manufacture of motorcycle spare parts at home, assembling parts
into complete motorcycles, putting into circulation (sale or distribution)
spare parts and motorcycles in complete units must comply with the provisions
of the industrial property legislation.
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3. When carrying out the
procedures to apply for permits for import, manufacture or assembly of
motorcycles, enterprises must have written commitments not to violate the
industrial property rights currently protected, and bear legal liabilities for
their infringements, if any, according to the regulations.
IV. REGARDING
THE TECHNOLOGY TRANSFER
1. Contents of technology
transfer contracts shall comply with the Government’s Decree No. 45/1998/ND-CP
of July 1, 1998 detailing the technology transfer and Circular No.
1254/1999/TT-BKHCNMT of July 12, 1999 of the Ministry of Science, Technology
and Environment (now the Ministry of Science and Technology) guiding the
implementation of the Government’s Decree No. 45/1998/ND-CP of July 1, 1998
detailing the technology transfer.
2. Contracts for transfer of
technologies for manufacturing or assembling motorcycle engines from foreign
countries into Vietnam and contracts for domestic technology transfer must be
evaluated, approved or registered according to the current provisions of the
legislation on technology transfer.
V.
ORGANIZATION OF IMPLEMENTATION
1. Regarding the quality
management
1.1. Enterprises shall organize the
public announcement of goods quality standards as well as standard-compatible
goods according to the current regulations and strictly observe the announced
standards. The enterprises’ previous public announcements, which are no longer
compatible with the Vietnamese Standards prescribed in the list of motorcycles,
motorcycle engines and spare parts subject to the compulsory application of the
Vietnamese Standards, shall become void, and the enterprises shall have to make
once again the public announcement in an appropriate manner.
1.2. Within seven days after
publicly announcing the quality standards and standard compatibility,
enterprises shall have to send such written announcements to the Ministry of
Science and Technology (the General Department of Standardization, Metrology
and Quality Control) and the Services of Science, Technology and Environment
(the Sub-Departments of Standardization, Metrology and Quality Control) of the
provinces or centrally-run cities where the enterprises are headquartered.
1.3. The Ministry of Science and
Technology shall assign the General Department of Standardization, Metrology
and Quality Control to organize the inspection of enterprises’ activities of
announcing quality standards and standard compatibility of motorcycles,
motorcycle engines and spare parts manufactured and assembled at home.
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2.1. In order to ensure that no
violation of the industrial property legislation is committed and no industrial
property dispute occurs, enterprises shall have to inspect the legal status of
industrial property objects (trademarks, industrial designs, inventions,
utility solutions) related to motorcycles and motorcycle spare parts right from
the stage of preparation (preparation for the signing of contracts for spare
part import, preparation of conditions for manufacturing or ordering the
manufacture of spare parts at home and for assembling motorcycles).
2.2. Information on industrial
property objects protected in Vietnam shall all be published on the Industrial
Property Gazette and recorded in the Industrial Property Register (kept at the
National Office of Industrial Property). Then, all enterprises can themselves
consult such information source to know whether the industrial property objects
related to their components and assembled products are protected or not, and if
they are protected, to whom they belong. If enterprises cannot solve by
themselves that problem, they may use reference services of the National Office
of Industrial Property.
2.3. In cases where the
examination results show that industrial property objects utilized for spare
parts and assembled motorcycles are not protected in Vietnam, the import of
spare parts and assembly of motorcycles shall not violate the industrial
property legislation for the immediate future. In cases where they detect spare
parts or motorcycles in complete units contain industrial property objects
currently protected, enterprises shall have to promptly contact the industrial
property owners for negotiation on signing of license contracts and
registration of contracts with the National Office of Industrial Property.
3. Regarding the technology
transfer
The form of technology transfer
contracts and the procedures and dossiers for approving and registering contracts
are prescribed in Circular No. 1254/1999/TT-BKHCNMT of July 12, 1999 of the
Ministry of Science, Technology and Environment (now the Ministry of Science
and Technology) and Circular No. 11/2002/TT-BKHCN of November 29, 2002 of the
Ministry of Science and Technology.
4. Periodically or
extraordinarily, the Ministry of Science and Technology shall organize the
inspection of the implementation of this Decision by enterprises manufacturing
and/or assembling motorcycles, motorcycle engines and spare parts.
5. Enterprises violating the
provisions of this document shall not be permitted to manufacture, assemble or
import motorcycles, motorcycle engines and spare parts and shall be handled
according to provisions of law.