Decree No. 116/2017/ND-CP dated October 17, 2017 of the Government on requirements for manufacturing, assembly and import of automobiles and trade in automobile warranty and maintenance services

THE GOVERNMENT		THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No. 116/2017/ND-CP		Hanoi, October 17, 2017

 

DECREE

Prescribing the conditions for manufacture, assembly and import of automobiles and provision of automobile warranty and maintenance services[1]

 

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 26, 2014 Investment Law;

Pursuant to the November 22, 2016 Law Amending and Supplementing Article 6 and Appendix 4 on the List of conditional business investment lines and sectors of the Investment Law;

At the proposal of the Minister of Industry and Trade and Minister of Transport;

The Government promulgates the Decree prescribing the conditions for manufacture, assembly and import of automobiles and provision of automobile warranty and maintenance services.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the conditions for manufacture, assembly and import of automobiles and provision of automobile warranty and maintenance services to be met by enterprises manufacturing, assembling and importing automobiles.

Article 2. Subjects of application

1. This Decree applies to enterprises manufacturing, assembling and importing automobiles and providing automobile warranty and maintenance services in Vietnam and related agencies, organizations and individuals.

2. The business conditions prescribed in this Decree do not apply to organizations and individuals engaged in the manufacture, assembly and import of the following automobiles:

a/ Automobiles manufactured or assembled:

- For national defense and security purposes;

- From chassis including cabins or from complete automobile units with technical quality and safety and environmental protection certificates;

- Only for operation within certain areas, not on public roads.

b/ Automobiles imported:

- For national defense and security purposes under plans approved by the Prime Minister;

- In the form of temporary import by subjects entitled to privileges and immunities under separate regulations of the Government or Prime Minister;

- As gifts, donations or personal effects; as foreign aid; for use for scientific research;

- For specific purposes under decisions of the Prime Minister;

- In the form of temporary import for re-export or re-import after temporary export; for border-gate transfer; for consignment into bonded warehouses; for transit;

- Only for operation within certain areas, not on public roads;

- As special-use automobiles, special-use passenger cars and special-use cargo trucks as defined in Vietnam standards TCVN 6211: Road vehicles - types - terms and definitions; and TCVN 7271: Road vehicles - motor vehicles - classification by use purpose.

3. This Decree does not apply to automobile warranty and maintenance establishments that do not provide automobile warranty and maintenance services for enterprises manufacturing, assembling and importing automobiles.

Article 3. Interpretation of terms

In this Decree, the terms and expressions below are construed as follows:

1. Automobile means a type of road motor vehicle. Automobiles include tourist cars, passenger cars, trucks and special-use automobiles as defined in Vietnam standards TCVN 6211: Road vehicles - types - terms and definitions; and TCVN 7271: Road vehicles - motor vehicles - classification by use purpose, and chassis.

2. Chassis means a self-propelled semi-finished automobile with or without cabin, without body and passenger compartment and not fitted with special-use devices.

3. Automobile manufacture or assembly means:

a/ The process of making complete automobile units, chassis with or without cabin (chassis fitted with engines) from details, detail assemblies, parts, complete parts and systems;

b/ The process of making complete automobile units or chassis with cabin from chassis without cabin.

4. Recall of automobiles means an act of enterprises manufacturing, assembling or importing automobiles to recover marketed automobiles that have defects in the course of engineering, manufacture or assembly in order to prevent possible dangers.

5. Recovery of dumped automobiles means the receipt and collection of dumped automobiles for management and disposal in accordance with the law on environmental protection.

6. Warranty means the legal obligation of enterprises manufacturing, assembling and importing automobiles to guarantee quality of sold automobiles in specified conditions.

7. Maintenance means work that needs to be performed under instructions of enterprises manufacturing and assembling automobiles in order to maintain the normal operation of automobiles.

8. Automobile warranty or maintenance establishment means an organization which provides automobile warranty or maintenance and fully satisfies the conditions prescribed in this Decree.

9. Imported used automobile means an automobile which has been already registered for circulation in the exporting country before its arrival at a Vietnamese border gate.

10. Imported automobile shipment means all automobiles declared on the same import declaration form of an automobile importer.

11. Type approval certificate of imported automobile means the outcome of inspection, testing and certification by a competent foreign agency or organization of the technical quality and safety and environmental protection of an automobile type imported into Vietnam.

12. Copy means:

a/ A certified photocopy (in case of dossiers submitted by post, via the administrative mail channel or directly);

b/ A photocopy enclosed with the original for comparison (in case of directly submitted dossiers);

c A scanned copy of the original (in case of dossiers submitted electronically).

Article 4. Responsibility of enterprises manufacturing, assembling and importing automobiles to provide automobile warranty and maintenance

1. Enterprises manufacturing, assembling and importing automobiles shall perform the responsibility to provide automobile warranty in accordance with the law on protection of consumer interests.

2. For brand-new automobiles, the warranty period is at least 3 years or 100,000 km, at least 2 years or 50,000 km, and at least 1 year or 30,000 km, whichever comes first, for passenger cars, buses, coaches and minibuses, and remaining types of automobiles, respectively.

3. For imported used automobiles, the warranty period is at least 2 years or 50,000 km, and at least 1 year or 20,000 km, whichever comes first, for passenger cars and remaining types of automobiles, respectively.

4. Enterprises shall publicize information about warranty period, contents and conditions; maintenance cycle and specific maintenance jobs; addresses of capable warranty and maintenance establishments under this Decree, and other necessary information to serve warranty and maintenance requirements.

Article 5. Responsibility to recall automobiles and recover dumped automobiles

1. Enterprises manufacturing, assembling and importing automobiles shall recall automobiles in accordance with law.

2. All expenses related to the recall of automobiles shall be borne by enterprises manufacturing, assembling and importing such automobiles.

3. Enterprises manufacturing, assembling and importing automobiles shall recover dumped automobiles in accordance with the law on environmental protection.

Article 6. Responsibility to guarantee technical quality and safety and environmental protection of domestically manufactured and assembled automobiles and imported automobiles

1. For domestically manufactured and assembled automobiles:

a/ An enterprise manufacturing or assembling automobiles may use the certification results of an automobile type which has a technical quality and safety and environmental protection certificate granted by a competent agency for another automobile type which has changes in comfort and aesthetics compared to the original type but still retains the technical safety and environmental protection specifications used as the basis for grant of the type approval certificate;

b/ Details, detail assemblies, parts and complete parts of automobiles regulated by national technical regulations shall be tested and certified in Vietnam according to such regulations;

c/ For imported details, detail assemblies, parts and complete parts of automobiles with quality conformity certifications of countries or territories which have signed mutual recognition agreements on motor vehicle certification with Vietnam, such agreements shall be complied with;

d/ Enterprises manufacturing and assembling automobiles may use types of imported details, detail assemblies, parts and complete parts of automobiles with certificates granted by the Vietnamese quality management agency to Vietnam-based lawful representatives of foreign manufacturers, without having to get them tested and certified again;

dd/ Inspection and certification results of automobiles, details, detail assemblies, parts and complete parts of automobiles are valid for 36 months.

2. For imported automobiles:

a/ For imported brand-new automobiles:

- Before inspection and testing are carried out, an enterprise importing automobiles shall provide the quality management agency with the following papers: A copy of the type approval certificate of imported automobile granted by a competent foreign agency or organization; the original ex-workshop quality inspection sheet issued by the foreign automobile manufacturing or assembling enterprise for each automobile; a valid document issued by a competent foreign agency or organization on the result of the foreign automobile manufacturing or assembling enterprise’s assessment of quality assurance conditions of the factory manufacturing the imported automobile type;

- Each imported brand-new automobile shipment shall be inspected by the quality management agency under regulations. The automobile model representing each automobile type in an imported shipment shall be inspected and tested in terms of exhaust air and technical quality and safety under regulations. In case the inspected and tested automobile model fails to comply with the regulations on exhaust air and technical quality and safety, the importing enterprise shall re-export all automobiles of the same type in such shipment;

- Imported automobiles with quality conformity certifications of countries or territories which has signed mutual recognition agreements on motor vehicle certification with Vietnam must comply with such agreements.

b/ Imported used automobiles

- Imported used automobiles must be those registered for circulation in countries with exhaust emission standards equivalent to or higher than the current exhaust emission standards of Vietnam;

- Imported used automobiles are subject to inspection of technical quality and safety and environmental protection under regulations;

- When carrying out the inspection procedures, an enterprise importing used automobiles shall provide the quality management agency with a circulation registration certificate which remains valid by the time of export of used automobiles granted by a competent foreign agency or organization or a paper of equivalent legality.

3. The Ministry of Transport shall detail and guide the inspection of technical quality and safety and environmental protection of domestically manufactured and assembled automobiles and imported automobiles.

Chapter II

CONDITIONS FOR AUTOMOBILE MANUFACTURE AND ASSEMBLY

Article 7. Conditions for automobile manufacture and assembly

A lawfully established enterprise may be granted a certificate of eligibility for automobile manufacture or assembly when satisfying the following conditions:

1. Physical foundations:

a/ It has the lawful right to use workshops and assembly, welding, painting and product quality control lines and automobile testing road that meet the minimum requirements prescribed in Appendix I to this Decree;

b/ It has automobile warranty and maintenance facilities which it owns or rents under contracts or which belong to its authorized dealers satisfying the conditions prescribed in this Decree.

2. A technician in charge of an automobile manufacturing or assembling line must possess a university or higher degree in mechanics or automobiles and have at least five years’ experience in automobile manufacture or assembly.

3. It has sufficient human resources as well as plans for ensuring labor safety and sanitation in accordance with the law on labor safety and sanitation.

4. It fully satisfies the fire prevention and fighting conditions and has fire fighting plans in accordance with the law on fire prevention and fighting.

5. It has adequate environmental protection dossiers for automobile manufacturing and assembling factories which are approved by a competent agency in accordance with the law on environmental protection.

Article 8. Grant of certificates of eligibility for automobile manufacture or assembly

1. The Ministry of Industry and Trade is competent to grant certificates of eligibility for automobile manufacture or assembly.

2. A dossier of application for a certificate of eligibility for automobile manufacture or assembly must comprise:

a/ An application for certificate of eligibility for automobile manufacture or assembly, made according to Form No. 1 provided in Appendix II to this Decree: 1 original;

b/ The enterprise registration certificate or a paper of equivalent legal validity: 1 copy;

c/ A list of equipment of the complete automobile manufacturing or assembling line as prescribed at Point a, Clause 1, Article 7 of this Decree: 1 copy;

d/ A dossier of description and designs of the manufacturing ground and workshops: 1 copy;

dd/ A dossier of description and design of the automobile testing road: 1 copy;

e/ Professional qualifications of the technician in charge of the automobile manufacturing or assembling line: 1 copy each;

g/ Document proving that the enterprise has automobile warranty and maintenance facilities satisfying the conditions prescribed in this Decree: 1 copy;

h/ Document proving the satisfaction of the labor sanitation, fire prevention and fighting and environmental protection conditions as prescribed by law: 1 copy.

3. Procedures for grant of a certificate of eligibility for automobile manufacture or assembly:

a/ An enterprise shall send 1 dossier made under Clause 2 of this Article directly or by post or in another appropriate way to the Ministry of Industry and Trade;

b/ If finding the dossier incomplete and invalid, within 5 working days after receiving it, the Ministry of Industry and Trade shall send a written request to the enterprise for supplementing it under regulations;

c/ If finding the dossier complete and valid, within 5 working days after receiving it, the Ministry of Industry and Trade shall notify the specified time of physical inspection and assessment at the enterprise. The inspection shall be carried out within 15 working days from the date of notification.

In case the inspection and assessment results are unsatisfactory, within 5 working days after the inspection is completed, the Ministry of Industry and Trade shall notify such to the enterprise for satisfaction of the prescribed conditions;

d/ A certificate of eligibility for automobile manufacture or assembly (made according to Form No. 04 provided in Appendix II to this Decree) shall be granted within 5 working days after the satisfactory results of the dossier examination and physical inspection are obtained. In case of refusal to grant a certificate, the Ministry of Industry and Trade shall issue a written reply clearly stating the reason to
the applicant;

dd/ Enterprises shall receive certificates of eligibility for automobile manufacture or assembly directly at the Ministry of Industry and Trade or by post (if they so request) or in another appropriate way.

Article 9. Renewal of certificates of eligibility for automobile manufacture or assembly

1. A certificate of eligibility for automobile manufacture or assembly shall be renewed in case there is a change in information therein.

2. A dossier of request for renewal of a certificate of eligibility for automobile manufacture or assembly must comprise:

a/ A written request for renewal of certificate (made according to Form No. 02 provided in Appendix II to this Decree): 1 original;

b/ The granted certificate of eligibility for automobile manufacture or assembly: 1 copy;

c/ Relevant papers and documents proving the change.

3. Procedures for renewal of a certificate of eligibility for automobile manufacture or assembly:

a/ An enterprise shall submit 1 dossier made under Clause 2 of this Article directly or by post or in another appropriate way to the Ministry of Industry and Trade;

b/ If finding the dossier incomplete and invalid, within 5 working days after receiving it, the Ministry of Industry and Trade shall send a written request to the enterprise for supplementing it under regulations;

c/ In case physical inspection of the enterprise is required, within 5 working days after receiving a complete and valid dossier, the Ministry of Industry and Trade shall notify the time of physical inspection and carry out the physical inspection within 10 working days from the date of notification;

d/ Within 5 working days after obtaining the satisfactory results of the dossier examination and physical inspection (if any), the Ministry of Industry and Trade shall consider and renew the certificate of eligibility for automobile manufacture or assembly for the enterprise. In case of refusal to renew the certificate, the Ministry of Industry and Trade shall issue a written reply clearly stating the reason to the enterprise,.

4. Within 2 working days after obtaining the renewed certificate of eligibility for automobile manufacture or assembly, an enterprise shall return the old one to the Ministry of Industry and Trade.

Article 10. Re-grant of certificates of eligibility for automobile manufacture or assembly

1. In case a certificate of eligibility for automobile manufacture or assembly is lost or damaged, a written request for re-grant of such certificate shall be made, clearly stating the reason for the loss or damage (made according to Form No. 03 provided in Appendix II to this Decree): 1 original.

2. Procedures for re-grant of a certificate of eligibility for automobile manufacture or assembly:

a/ An enterprise shall submit a written request made under Clause 1 of this Article directly or by post or in another appropriate way to the Ministry of Industry and Trade;

b/ If finding the written request incomplete and invalid, within 5 working days after receiving it, the Ministry of Industry and Trade shall send a written request to the enterprise for supplementing it under regulations;

c/ Within 5 working days after receiving a complete and valid written request, the Ministry of Industry and Trade shall consider and re-grant the certificate of eligibility for automobile manufacture or assembly to the enterprise. In case of refusal to re-grant the certificate, the Ministry of Industry and Trade shall issue a written reply clearly stating the reason to the enterprise.

Article 11. Regular and irregular inspections and supervisions of enterprises manufacturing or assembling automobiles

1. Regular inspections and supervisions

The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related agencies in, forming teams to inspect enterprises having certificates of eligibility for automobile manufacture or assembly nationwide once every 24 months.

2. Irregular inspections

The Ministry of Industry and Trade shall coordinate with related agencies in forming a team to carry out an irregular inspection of an enterprise manufacturing or assembling automobiles in the following cases:

a/ It receives reliable information that the enterprise violates the provisions of this Decree on business conditions;

b/ There is a written request of a related authority.

3. Contents of inspection: Assessing the maintenance of the operation and business conditions of the enterprise according to the registered and certified information, including examining legal dossiers and inspecting physical facilities, technological lines and compliance with this Decree.

4. All inspection contents shall be recorded in writing (according to Form No. 09 in Appendix II to this Decree). If detecting a violation, the inspection team shall request competent agencies to handle the violator under regulations.

Article 12. Validity suspension and revocation of certificates of eligibility for automobile manufacture or assembly

1. The validity of a certificate of eligibility for automobile manufacture or assembly granted to an enterprise shall be suspended in the following cases:

a/ The enterprise fails to maintain the business conditions prescribed in this Decree in the course of operation;

b/ It fails to fully comply with regulations on recall of automobiles, automobile warranty and recovery of dumped automobiles;

c/ It fails to make reports under Clause 5, Article 13 of this Decree.

If the enterprise can fully remedy its violation within 6 months after the validity of its certificate of eligibility for automobile manufacture or assembly is suspended, it shall be considered for having such suspension removed.

2. A certificate of eligibility for automobile manufacture or assembly granted to an enterprise shall be revoked in the following cases:

a/ The enterprise is dissolved or falls bankrupt under law;

b/ It has its enterprise registration certificate or a paper of equivalent legal validity revoked by a competent agency;

c/ It provided untruthful information or forged its dossier of application for the certificate;

d/ It leases, lends or modifies without permission its certificate;

dd/ It fails to commence automobile manufacturing or assembling activities for 12 consecutive months after being granted the certificate;

e/ It fails to comply with the regulations on automobile recall, recovery of dumped automobiles and product warranty;

g/ It fails to completely remedy its violation under Clause 1 of this Article within 6 months after the validity of its certificate is suspended.

3. The validity suspension or revocation of certificates of eligibility for automobile manufacture or assembly shall be effected under decisions of the Minister of Industry and Trade, which must clearly state the reason for the suspension or revocation.

4. Within 5 working days after receiving a decision on revocation of its certificate of eligibility for automobile manufacture or assembly, an enterprise shall return the original certificate to the Ministry of Industry and Trade.

5. The Ministry of Industry and Trade shall notify the motor vehicle registration agency and publicly announce the validity suspension or revocation of certificates of eligibility for automobile manufacture or assembly.

6. An enterprise that has its certificate of eligibility for automobile manufacture or assembly revoked or wishes to be granted a new one shall carry out the procedures prescribed in Article 8 of this Decree.

Article 13. Responsibilities of enterprises having certificates of eligibility for automobile manufacture or assembly

1. To maintain the business conditions and ensure the fulfillment of their responsibility to provide automobile warranty and maintenance, recall automobiles and recover dumped automobiles under this Decree.

2. To submit to regular and irregular inspection and supervision by competent agencies.

3. To build their quality management systems according to ISO 9001:2015 or equivalent standards in their manufacture or assembly lines within 12 months after being granted a certificate of eligibility for automobile manufacture or assembly.

4. To provide buyers with the following documents and papers:

a/ Car manuals in Vietnamese;

b/ Warranty books clearly stating the warrant period and conditions; maintenance cycle and jobs; addresses of warranty and maintenance facilities and other necessary information to serve the warranty and maintenance.

5. To send to the Ministry of Industry and Trade reports on automobile manufacture or assembly before January 30 every year (made according to form No. 10 in Appendix II to this Decree) or extraordinary reports at the request of the Ministry of Industry and Trade.

Chapter III

CONDITIONS FOR AUTOMOBILE IMPORT

Article 14. General provisions on automobile import

1. Only enterprises may be considered for grant of automobile import permits.

2. Enterprises may import automobiles after satisfying the conditions prescribed in, and being granted automobile import permits under, this Decree.

3. Enterprises importing automobiles shall comply with the provisions on automobile import management of this Decree and relevant legal documents.

Article 15. Conditions for automobile import

A lawfully established enterprise may be granted an automobile import permit when satisfying the following conditions:

1. Having automobile warranty and maintenance facilities which it owns or rents under contracts or which belong to its authorized dealers that satisfy the conditions prescribed in this Decree.

2. Possessing documents certifying or proving its right to represent the foreign automobile manufacturing or assembling enterprise to execute orders to recall imported automobiles in Vietnam.

Article 16. Grant of automobile import permits

1. The Ministry of Industry and Trade is competent to grant automobile import permits.

2. A dossier of application for an automobile import permit must comprise:

a/ An application for automobile import permit (made according to Form No. 05 in Appendix II to this Decree): 1 original;

b/ The enterprise registration certificate or a paper of equivalent legal validity: 1 copy;

c/ Documents proving the enterprise’s satisfaction of the automobile import conditions prescribed in Article 15 of this Decree, specifically:

- Document proving that the enterprise has automobile warranty and maintenance facilities satisfying the conditions prescribed in this Decree: 1 copy.

- Document certifying or proving that the enterprise has the right to represent the foreign automobile manufacturing or assembling enterprise to execute orders to recall imported automobiles in Vietnam as prescribed in Clause 2, Article 15 of this Decree, which is lawfully legalized by an overseas Vietnamese diplomatic mission: 1 copy.

3. Procedures for grant of automobile import permits:

a/ An enterprise shall send 1 dossier made under Clause 2 of this Article directly or by post or in another appropriate way to the Ministry of Industry and Trade;

b/ If finding the dossier is incomplete and invalid, within 7 working days after receiving it, the Ministry of Industry and Trade shall send a written request to the enterprise for supplementing it under regulations;

c/ Within 10 working days after receiving a complete and valid dossier, the Ministry of Industry and Trade shall consider and grant an automobile import permit to the enterprise (made according to Form No. 08 in Appendix II to this Decree).

When necessary, the Ministry of Industry and Trade shall notify the time of inspection of the satisfaction of the conditions prescribed in Article 15 of this Decree. The inspection shall be carried out within 15 working days from the date of notification. Within 5 working days after obtaining the inspection result, the Ministry of Industry and Trade shall consider and grant an automobile import permit to the enterprise.

In case of refusal to grant an automobile import permit, the Ministry of Industry and Trade shall issue a written reply clearly stating the reason to the enterprise.

d/ Enterprises shall receive automobile import permits directly at the Ministry of Industry and Trade or by post (if they so request) or in another appropriate way.

Article 17. Renewal of automobile import permits

1. An automobile import permit shall be renewed in case there is a change in information therein.

2. A dossier of request for renewal of an automobile import permit must comprise:

a/ A written request for renewal of permit (made according to Form No. 06 provided in Appendix II to this Decree): 1 original;

b/ The granted automobile import permit: 1 copy;

c/ Relevant papers and documents proving the change.

3. Procedures for renewal of an automobile import permit:

a/ An enterprise shall submit 1 dossier made under Clause 2 of this Article directly or by post or in another appropriate way to the Ministry of Industry and Trade;

b/ If finding the dossier incomplete and invalid, within 7 working days after receiving it, the Ministry of Industry and Trade shall send a written request to the enterprise for supplementing it under regulations;

c/ Within 10 working days after receiving a complete and valid dossier, the Ministry of Industry and Trade shall consider and renew the automobile import permit for the enterprise.

When necessary, the Ministry of Industry and Trade shall notify the time of inspection of the satisfaction of the conditions prescribed in Article 15 of this Decree. The inspection shall be carried out within 15 working days from the date of notification. Within 5 working days after obtaining the inspection result, the Ministry of Industry and Trade shall consider and renew the automobile import permit for the enterprise.

In case of refusal to renew the automobile import permit, the Ministry of Industry and Trade shall issue a written reply clearly stating the reason to the enterprise.

4. Within 2 working days after having its automobile import permit renewed, an enterprise shall return the old one to the Ministry of Industry and Trade.

Article 18. Re-grant of automobile import permits

1. In case an automobile import permit is lost or damaged, a written request for re-grant of permit shall be made, clearly stating the reason for the loss, missing or damage (made according to Form No. 07 provided in Appendix II to this Decree): 1 original.

2. Procedures for re-grant of an automobile import permit:

a/ An enterprise shall submit 1 written request made under Clause 1 of this Article directly or by post or in another appropriate way to the Ministry of Industry and Trade;

b/ If finding the written request incomplete and invalid, within 7 working days after receiving it, the Ministry of Industry and Trade shall send a written request to the enterprise for supplementing it under regulations;

c/ Within 7 working days after a complete and valid written request, the Ministry of Industry and Trade shall consider and re-grant the automobile import permit to the enterprise. In case of refusal to re-grant the permit, the Ministry of Industry and Trade shall issue a written reply clearly stating the reason to the requesting enterprise.

Article 19. Validity suspension and revocation of automobile import permits

1. The validity of an automobile import permit granted to an enterprise shall be suspended in the following cases:

a/ It fails to perform the responsibility to provide warranty for or recall or recover imported automobiles;

b/ It fails to provide car manuals or provides insufficient or inaccurate ones as prescribed at Point a, Clause 2, Article 20 of this Decree;

c/ It fails to provide warranty books or provide warranty conditions lower than those prescribed in this Decree;

d/ It fails to make reports under Clause 3, Article 20 of this Decree after receiving written reminders from the Ministry of Industry and Trade.

If an enterprise can completely remedy its violation within 6 months after the validity of its automobile import permit is suspended, it shall be considered for having such suspension removed.

2. An automobile import permit granted to an enterprise shall be revoked in the following cases:

a/ The enterprise returns its automobile import permit;

b/ It is dissolved or falls bankrupt under law;

c/ It has its enterprise registration certificate or a paper of equivalent legal validity revoked by a competent agency;

d/ It provided untruthful information or forged its dossier of application for the permit;

dd/ It leases, lends or modifies without permission the permit;

e/ It fails to maintain the conditions on warranty and maintenance facilities prescribed in this Decree in the course of automobile import;

g/ It fails to commence automobile import activities for 12 consecutive months after being granted the permit;

h/ It fails to completely remedy its violation specified in Clause 1 of this Article within 6 months after the validity of its permit is suspended.

3. The validity suspension or revocation of automobile import permits shall be effected under decisions of the Minister of Industry and Trade. Such decisions must clearly state the reason for the validity suspension or revocation of permits.

4. Within 5 working days after receiving a decision on revocation of its automobile import permit, an enterprise shall return the original permit to the Ministry of Industry and Trade.

5. The Ministry of Industry and Trade shall notify the customs offices and publicly announce the validity suspension or revocation of automobile import permits.

6. An enterprise that has its automobile import permit revoked or wishes to be granted a new one shall carry out the procedures prescribed in Article 16 of this Decree.

Article 20. Responsibilities of enterprises having automobile import permits

1. To maintain the business conditions and ensure the fulfillment of their responsibility to provide automobile warranty and maintenance services and recall or recover imported automobiles under this Decree.

2. To provide buyers with the following documents and papers:

a/ Car manuals of foreign automobile manufacturing or assembling enterprises which are written in Vietnamese or translated into Vietnamese from foreign-language versions;

b/ Warranty books clearly stating the warrant period and conditions; maintenance cycle and jobs; addresses of warranty and maintenance facilities and other necessary information to serve the warranty and maintenance.

3. To send to the Ministry of Industry and Trade reports on automobile import (made according to Form No. 11 in Appendix II to this Decree) before January 30 every year.

Chapter IV

CONDITIONS ON PROVISION OF AUTOMOBILE WARRANTY AND MAINTENANCE SERVICES

Article 21. Conditions of automobile warranty and maintenance facilities

A lawfully established enterprise may be granted a certificate of automobile warranty and maintenance facilities when satisfying the following conditions:

1. Its workshops are built on land areas under its lawful land use rights.

2. Its ground areas and workshops are sufficient for provision of warranty and maintenance services.

3. It has separate areas for automobile receipt, delivery, maintenance, repair, ex-workshop check, administration offices, component and part warehouses, and washing facilities.

4. It has sufficient tools and equipment for automobile warranty and maintenance. Measuring devices and equipment used for automobile warranty and maintenance must comply with the regulations on measurement.

5. It has equipment for diagnosing malfunctions of engines and technical state of automobiles (for automobiles fitted with electronic control units) suitable to different types of automobile for which it provide warranty and maintenance services. Diagnosis equipment software must comply with the regulations on intellectual property.

6. It has human resources and a quality management system to ensure quality of automobile warranty and maintenance.

The above conditions of automobile warranty and maintenance facilities must meet the requirements on ground areas, equipment, tools, human resources and quality management systems of automobile maintenance and repair facilities prescribed for different types of automobile specified in national standard TCVN 11794: Standards of  automobile maintenance and repair and similar facilities.

7. It has obtained commitments to providing technical assistance, parts and spare parts for automobile warranty and maintenance from:

a/ Domestic automobile manufacturing and assembling enterprises (in case of providing warranty and maintenance services to such enterprises); or

b/ Foreign automobile manufacturing and assembling enterprises (in case of providing warranty and maintenance services to automobile importing enterprises).

8. It has sufficient human resources and plans to ensure labor safety and sanitation in accordance with the law on labor safety and sanitation.

9. It fully satisfies the fire prevention and fighting conditions and has fire fighting plans in accordance with the law on fire prevention and fighting.

10. It has adequate environmental protection dossiers approved by a competent agency in accordance with the law on environmental protection.

Article 22. Grant of certificates of automobile warranty and maintenance facility

1. The Vietnam Register under the Ministry of Transport (below referred to as the inspection agency) is competent to grant certificates of automobile warranty and maintenance facility.

2. A dossier of application for a certificate of automobile warranty and maintenance facility must comprise:

a/ An application for certificate of automobile warranty and maintenance facility (made according to Form No. 12 provided in Appendix II to this Decree): 1 original;

b/ The enterprise registration certificate or a paper of equivalent legal validity: 1 copy;

c/ A list of physical foundations and capabilities of the automobile warranty and maintenance facility (made according to Form No. 13 provided in Appendix II to this Decree): 1 original;

d/ Document proving that the automobile warranty and maintenance facility fully satisfies the conditions prescribed in Clauses 1, 5, 7, 8, 9 and 10, Article 21 of this Decree: 1 copy.

3. Procedures for grant of a certificate of automobile warranty and maintenance facility:

a/ An automobile warranty and maintenance facility shall submit 1 dossier prescribed in Clause 2 of this Article directly or by post or in another appropriate way to the inspection agency;

b/ If finding the dossier incomplete and invalid, within 5 working days after receiving it, the inspection agency shall send a written request to the automobile warranty and maintenance facility for supplementing it under regulations;

c/ If finding the dossier complete and valid, within 5 working days after receiving it, the inspection agency shall notify the time of inspection and carry out physical inspection and assessment of the automobile warranty and maintenance facility. The inspection shall be carried out within 15 working days from the date of notification.

Upon completion of the inspection, the inspection agency shall notify the inspection result to the automobile warranty and maintenance facility for taking measures to satisfy conditions (if any) it still lacks;

d/ A certificate of automobile warranty and maintenance facility (made according to form No. 15 in Appendix II to this Decree) shall be granted within 5 working days after the satisfactory results of dossier examination and physical inspection are obtained. In case of refusal to grant a certificate, the inspection agency shall issue a written reply clearly stating the reason;

dd/ An automobile warranty and maintenance facility may receive its certificate directly at the inspection agency or by post (if it so requests) or in another appropriate way;

e/ Within 6 months from the date of the first assessment, if an automobile warranty and maintenance facility still fails to satisfy any conditions, the assessment result and its registration dossier shall be cancelled and the inspection agency shall notify such in writing to it. If the automobile warranty and maintenance facility still wishes to get certified, it shall carry out again the procedures prescribed in Clauses 2 and 3 of this Article.

Article 23. Renewal of certificates of automobile warranty and maintenance facility

1. A certificate of automobile warranty and maintenance facility shall be renewed in case there is a change in information therein.

2. A dossier of request for renewal of a certificate of automobile warranty and maintenance facility must comprise:

a/ A written request for renewal of certificate of automobile warranty and maintenance facility (made according to Form No. 14 in Appendix II to this Decree): 1 original;

b/ The granted certificate: 1 copy;

c/ Relevant papers and documents proving the change.

3. Procedures for renewal of a certificate of automobile warranty and maintenance facility:

a/ An automobile warranty and maintenance facility shall submit 1 dossier prescribed in Clause 2 of this Article directly or by post or in another appropriate way to the inspection agency;

b/ If finding the dossier incomplete and invalid, within 5 working days after receiving it, the inspection agency shall send a written request to the automobile warranty and maintenance facility for supplementing it under regulations;

c/ In case physical inspection of the automobile warranty and maintenance facility is required, within 5 working days after receiving a complete and valid dossier, the inspection agency shall notify the time of inspection and carry out the inspection. The inspection shall be carried out within 10 working days from the date of notification;

d/ Within 5 working days after the satisfactory results of dossier examination and physical inspection (if any) are obtained, the inspection agency shall consider and renew the certificate of automobile warranty and maintenance facility for the enterprise. In case of refusal to renew the certificate, the inspection agency shall issue a written reply clearly stating the reason.

4. Within 2 working days after having a certificate of automobile warranty and maintenance facility renewed, an enterprise shall return the old one to the inspection agency.

Article 24. Re-grant of certificates of automobile warranty and maintenance facility

1. In case a certificate of automobile warranty and maintenance facility is lost or damaged, a written request for re-grant of certificate shall be made, clearly stating the reason for the loss, missing or damage (made according to Form No. 14 provided in Appendix II to this Decree): 1 original.

2. Procedures for re-grant of a certificate of automobile warranty and maintenance facility:

a/ An automobile warranty and maintenance facility shall submit 1 written request made under Clause 1 of this Article directly or by post or in another appropriate way to the inspection agency;

b/ In case such a dossier is incomplete and invalid, within 5 working days after receiving it, the inspection agency shall send a written request to the automobile warranty and maintenance facility for supplementing it under regulations;

c/ Within 5 working days after receiving a complete and valid dossier, the inspection agency shall consider and re-grant the certificate of automobile warranty and maintenance facility. In case of refusal to re-grant the certificate, the Ministry of Industry and Trade shall issue a written reply clearly stating the reason to the facility.

Article 25. Regular and irregular inspections and supervisions of automobile warranty and maintenance facilities

1. Regular inspections and supervisions

The inspection agency shall inspect enterprises having certificates of automobile warranty and maintenance facilities nationwide once every 24 months.

2. Irregular inspections

The inspection agency shall carry out an irregular inspection of an automobile warranty and maintenance facility in the following cases:

a/ It receives a reliable written complaint from a customer about automobile warranty and maintenance provided by the facility;

b/ It receives reliable information that the automobile warranty and maintenance facility violates the provisions of this Decree or breaches automobile warranty and maintenance agreements;

c/ It is requested in writing by a related authority.

3. Contents of inspection: The inspection agency shall assess the maintenance of the operation of the automobile warranty and maintenance facility according to the registered and certified information. The assessment shall be based on data of the first assessment and previous years, the operation report of the automobile warranty and maintenance facility (made according to Form No. 16 in Appendix II to this Decree) and report on changes (if any) in the facility.

4. Inspection contents shall be recorded in writing. If detecting a violation, the inspection team shall request competent agencies to handle the violator under regulations.

Article 26. Validity suspension and revocation of certificates of automobile warranty and maintenance facility

1. The validity of a certificate granted to an automobile warranty and maintenance facility shall be suspended in the following cases:

a/ It violates the provisions on maintenance of inspected and certified results or other provisions of this Decree;

b/ It violates other regulations and is obliged to abide by a handling decision of a related authority;

c/ It fails to abide by decisions at the time the inspection agency carries out an irregular inspection.

If an automobile warranty and maintenance facility can completely remedy its violation within 6 months after the validity of its certificate of automobile warranty and maintenance facility is suspended, it shall be considered for having such suspension removed.

2. A certificate granted to an automobile warranty and maintenance facility shall be revoked in the following cases:

a/ It provided untruthful information or forged its dossier of application for the certificate;

b/ It leases, lends or modifies without permission the certificate;

c/ It terminates its business operation;

d/ It no longer fully satisfies the business conditions prescribed in this Decree;

dd/ It fails to commence automobile warranty and maintenance activities for 12 consecutive months after being granted the certificate;

e/ It fails to completely remedy its violation under Clause 1 of this Article within 6 months after the validity of the certificate is suspended.

3. The validity suspension or revocation of certificates of automobile warranty and maintenance facilities shall be effected under decisions of the inspection agency. Such decisions must clearly state the reason for the validity suspension or revocation.

4. Within 5 working days after receiving a decision on revocation of its certificate of automobile warranty and maintenance facility, an enterprise shall return the original certificate to the competent state agency that has issued the revocation decision.

5. An enterprise that has its certificate of automobile warranty and maintenance facility revoked and wishes to be granted a new one shall carry out the procedures prescribed in Article 22 of this Decree.

Article 27. Responsibilities of automobile warranty and maintenance facilities having certificates

1. To provide warranty and maintenance services for automobiles of automobile manufacturing, assembling and importing enterprises when customers drive their automobiles to these facilities.

2. To provide warranty and maintenance services according to warranty and maintenance regimes announced by automobile manufacturing and assembling enterprises.

3. To coordinate with automobile manufacturing, assembling and importing enterprises in the course of automobile recall under regulations.

4. To provide training courses to raise professional qualifications and skills of officials and technicians as requested by automobile manufacturing, assembling and importing enterprises.

5. To maintain their operation the conditions prescribed in this Decree.

6. To submit to regular and irregular inspection and supervision by competent agencies.

7. In case of having their certificates revoked, they shall complete all warranty and maintenance services which remain uncompleted by the time of the revocation for their customers and take responsibility for such services throughout the warranty period according to their commitments.

Article 28. Responsibilities of the inspection agency

1. To carry out inspection and assessment, suspend the validity of or revoke certificates of automobile warranty and maintenance facilities under this Decree.

2. To notify the Ministry of Industry and Trade and publicly announce the grant, suspension of validity and revocation of certificates of automobile warranty and maintenance facilities.

3. To keep dossiers of certification of automobile warranty and maintenance facilities for 24 months after certificates of automobile warranty and maintenance facilities are no longer valid.

Chapter V

STATE MANAGEMENT OF AUTOMOBILE MANUFACTURE, ASSEMBLY, IMPORT, WARRANTY AND MAINTENANCE  

Article 29. Responsibilities of the ministries and ministerial-level agencies

1. The Ministry of Industry and Trade shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Transport and competent agencies in, inspecting the satisfaction of the conditions prescribed in this Decree by automobile manufacturing, assembling and importing enterprises;

b/ Suspend the validity of or revoke certificates of eligibility for automobile manufacture or assembly and automobile import permits; notify related agencies of the validity suspension or revocation of such certificates or permits;

c/ Assume the prime responsibility for, and coordinate with related ministries and sectors in, proposing to competent agencies additional technical solutions to reduce exhaust emissions of automobiles running on the road;

d/ Assume the prime responsibility for, and coordinate with related ministries, sectors and agencies in, proposing to competent agencies for promulgation regulations on sanctioning of commercial frauds in automobile manufacture, assembly and import;

dd/ Assume the prime responsibility for, and coordinate with related agencies in, proposing to the Government for promulgation the method of determining localization rate of automobiles.

2. The Ministry of Transport shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade and competent agencies in, inspecting the grant, validity suspension and revocation of certificates of automobile warranty and maintenance facilities; and notifying related agencies of the validity suspension and revocation of the certificates;

b/ Assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating, promulgating or amending and supplementing regulations on inspection of technical quality and safety and environmental protection of automobiles and recall of automobiles;

c/ Assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating, promulgating or amending and supplementing regulations and technical standards on automobile warranty and maintenance facilities and automobile parts in conformity with international standards;

d/ Assume the prime responsibility for, and coordinate with related ministries and sectors in, establishing, amending, supplementing and improving the system of national technical regulations on automobiles and automobile parts;

dd/ Assume the prime responsibility for inspecting technical quality and safety and environmental protection of automobiles under this Decree.

3. The Ministry of Science and Technology shall:

a/ Coordinate with related line ministries, organizations and individuals in establishing, supplementing and revising the system of technical standards on automobiles and automobile parts in conformity with international standards; assume the prime responsibility for appraising and announcing national standards on automobiles and automobile parts in conformity with international standards;

b/ Coordinate with related line ministries in elaborating and announcing standards applicable to automobile warranty and maintenance facilities;

c/ Coordinate with related line ministries in elaborating, supplementing and revising the system of national technical regulations on automobiles and automobile parts in conformity with international standards;

d/ Assume the prime responsibility for, and coordinate with related ministries and sectors in, inspecting and examining the observance of the regulations on standards and technical regulations, quality of products and goods, and measurement in automobile manufacture, assembly and import and provision of automobile warranty and maintenance services.

4. The Ministry of Finance shall:

a/ Assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating regulations on taxation of automobile parts based on their localization rates in accordance with international commitments;

b/ Coordinate with related ministries and sectors in formulating regulations on sanctioning of commercial frauds and preventing and combating commercial frauds involving imported automobiles;

c/ Assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, building and updating a database on prices of imported, domestically manufactured and assembled automobiles on its portal.

5. The Ministry of Natural Resources and Environment shall:

Assume the prime responsibility for, and coordinate with related ministries and sectors in, inspecting and supervising the observance of the environmental law by enterprises manufacturing, assembling and importing automobiles and those providing automobile warrant and maintenance services.

Article 30. Responsibilities of localities

1. Provincial-level Industry and Trade Departments shall coordinate with one another in inspecting and supervising the maintenance of business conditions of automobile manufacturing, assembling and importing enterprises in their localities.

2. Provincial-level Transport Departments shall coordinate with one another in inspecting and supervising the maintenance of business conditions of automobile warrant and maintenance facilities in their localities.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 31. Transitional provisions

1. Regarding automobile manufacture and assembly conditions

Operating automobile manufacturing and assembling enterprises may continue operating for 18 months after the effective date of this Decree. After that time limit, they must fully satisfy the conditions prescribed in this Decree.

2. Regarding automobile import conditions

a/ Automobile import business activities may continue under the current regulations until the end of December 31, 2017;

b/ From January 1, 2018, enterprises may only import automobiles after being granted automobile import permits under this Decree;

c/ Notwithstanding the provisions of Point a, Clause 2 of this Article, enterprises that fully satisfy the conditions prescribed in this Decree and their automobile import permits before December 31, 2017, may import automobiles from the date their permits become valid.

Article 32. Effect

This Decree takes effect on the date of its signing.

Article 33. Organization of implementation

1. The Ministry of Industry and Trade and Ministry of Transport shall organize and guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The appendices to this Decree are not translated.