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THE MINISTRY OF TRANSPORT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 03/2018/TT-BGTVT
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Hanoi, January 10, 2018
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CIRCULAR
Prescribing the technical safety quality and environmental protection inspection for imported automobiles regulated by Decree No. 116/2017/ND-CP[1]
Pursuant to the November 13, 2008 Law on Road Traffic;
Pursuant to the November 21, 2007 Law on Product and Goods Quality;
Pursuant to the June 23, 2014 Law on Environmental Protection;
Pursuant to the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality;
Pursuant to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency with foreign countries;
Pursuant to the Government’s Decree No. 116/2017/ND-CP of October 17, 2017, prescribing conditions for manufacture, assembly and import of automobiles and provision of automobile warranty and maintenance services;
Pursuant to the Government’s Decree No. 12/2017/ND-CP of February 20, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
Considering the proposal of the Director of the Science and Technology Department and the Director General of Vietnam Register;
The Minister of Transport promulgates the Circular prescribing the technical safety quality and environmental protection inspection for imported automobiles regulated by Decree No. 116/2017/ND-CP.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Circular prescribes the technical safety quality and environmental protection inspection for imported automobiles regulated by the Government’s Decree No. 116/2017/ND-CP of October 17, 2017, prescribing the conditions for manufacture, assembly and import of automobiles and provision of automobile warranty and maintenance services (below referred to as Decree No. 116/2017/ND-CP).
2. This Circular does not regalate automobiles imported under Point b, Clause 2, Article 2 of Decree No. 116/2017/ND-CP.
Article 2. Subjects of application
This Circular applies to enterprises that import automobiles into Vietnam and agencies, organizations and individuals involved in automobile management, inspection and testing.
Article 3. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Foreign authority means an agency or organization approved, accepted or recognized under the law of a foreign country to issue: type approval certificates for automobiles; documents on results of assessment of quality assurance conditions of foreign automobile manufacture and assembly enterprises for factories manufacturing types of imported automobiles; and certificates of registration or papers of equivalent legal validity.
2. Automobiles of the same type means automobiles with the same features identified according to the principles provided in Appendix II to this Circular.
3. Emission test report means a document issued by a Vietnamese specialized testing establishment to sample automobiles or sample automobile engines under regulations.
4. Safety test report means a document issued by a Vietnamese specialized testing establishment to sample automobiles under regulations.
5. Ex-works quality inspection sheet means a document issued by a foreign automobile manufacturer for every automobile containing the following details: VIN; engine number and basic technical specifications as specified in Appendix V to this Circular; and vehicle type according to the type approval certificate for automobiles.
6. Electronic inspection and certification procedures means the declaration, receipt and processing of declared information for vehicle inspection and certification and exchange of information on inspection and certification procedures among related parties through the electronic inspection and certification data processing system.
7. Electronic inspection and certification data processing system means an information system managed by the inspection agency to carry out the electronic inspection and certification procedures.
8. Electronic inspection and certification declaration system means an information system serving importing enterprises’ declaration and receipt of feedback from the inspection agency in the course of carrying out the electronic inspection and certification procedures.
9. Electronic inspection registration means an electronic file containing declared information of an importing enterprise.
10. E-transaction incident means a case in which the electronic inspection and certification data processing system and electronic inspection and certification declaration system cannot perform e-transactions with each other due to an objective cause.
11. Quality certificate means a paper specified in Appendices V thru VII to this Circular.
12. Type approval certificate for imported automobiles means a certificate of technical safety quality and environmental protection for automobile type or both a certificate of technical safety quality for automobile type and a certificate of environmental protection for automobile type or engine type.
13. Document on the result of assessment of quality assurance conditions means a document on the result of assessment of quality assurance conditions of a foreign automobile manufacture and assembly enterprise for a factory manufacturing the type of imported automobiles according to the ISO 9001 system, the TS 16949 system or the UNECE, EC or EEC certification system regarding conformity of production (COP) or an equivalent document issued by a foreign authority.
14. Inspection agency means Vietnam Register, which is responsible for organizing the inspection and certification of the technical safety quality and environmental protection for imported automobiles in accordance with this Circular.
Chapter II
PROVISIONS ON TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL PROTECTION INSPECTION
Article 4. Inspection registration dossiers (paper or electronic dossiers)
1. An inspection registration dossier for imported used automobiles must comprise:
a/ A registration for technical safety quality and environmental protection inspection for imported automobiles, made according to the form provided in Appendix I to this Circular;
b/ A copy of the certificate of registration granted by a foreign authority or a paper of equivalent legal validity, which remains valid at the time of export;
c/ A copy of the commercial invoice;
d/ A copy of the VIN interpretation document of the automobile manufacturer (for vehicle types registered for the first time);
dd/ The original of the information sheet of imported motor vehicles, made according to the form provided in Appendix III to this Circular;
e/ A copy of the manufacturer’s document introducing the uses and technical specifications of automobiles;
g/ A copy of the import declaration, for paper dossiers; or the number and date of the declaration, for electronic dossiers.
2. An inspection registration dossier for imported brand-new automobiles must comprise:
a/ A registration for technical safety quality and environmental protection inspection for imported automobiles, made according to the form provided in Appendix I to this Circular;
b/ A copy of the type approval certificate for imported automobiles granted by a foreign authority;
c/ Copies of the component type certificates for tires, rear mirrors, head lamps and glass granted by competent agencies or organizations;
d/ The original of the ex-works quality inspection sheet issued by the foreign automobile manufacturing and/or assembly enterprise for every automobile;
dd/ A copy of the document on the result of assessment of quality assurance conditions of the foreign manufacturing and/or assembly enterprise for factories manufacturing the type of imported automobiles issued by a foreign authority;
e/ A copy of the commercial invoice;
g/ A copy of the VIN interpretation document of the automobile manufacturer (for vehicle types registered for the first time);
h/ The original of the information sheet of imported motor vehicles, made according to the form provided in Appendix III to this Circular;
i/ A copy of the manufacturer’s document introducing the uses and technical specifications of automobiles;
k/ A copy of the import declaration, for paper dossiers; or the number and date of the declaration, for electronic dossiers;
l/ A copy of the emission test report;
m/ A copy of the safety test report.
Article 5. Contents of inspection and test of imported automobiles
1. Every imported used automobile shall be inspected in terms of technical safety quality and environmental protection according to the following specific provisions:
a/ Dossier inspection: To inspect the consistency of the contents of the inspection registration dossier;
b/ Physical inspection: To inspect automobiles which are registered in the EU and G7 countries and countries applying the emission standards equivalent to or higher than those currently applied in Vietnam. The contents of technical safety quality and environmental protection inspection for each automobile are specified in Appendix IV to this Circular.
2. For imported brand-new automobiles, the quality management agency shall inspect every imported lot of automobiles under regulations. Sample automobiles representing each type in the imported lot of automobiles shall be inspected and tested in terms of emission and technical safety quality according to the following specific provisions:
a/ Dossier inspection: To inspect the consistency of the contents of ex-works quality inspection sheets, and consistency of these sheets with the type approval certificate for each automobile type in the imported lot of automobiles declared by the importing enterprise;
b/ Physical inspection: To inspect the status of chassis and engine numbers of each automobile in the imported lot of automobiles according to inspection registration dossiers; the uniformity of actual automobiles of the same type in the lot; to take on a random basis sample automobiles representing each type in the imported lot and compare technical specifications of these automobiles with those declared in the inspection registration dossier;
c/ The inspection agency shall take on a random basis one sample automobile or two sample automobiles (in case the importing enterprise requests using one sample for safety test and another for emission test) representing each type in the imported lot of automobiles already inspected, then the importing enterprise shall bring by itself the automobile(s) to the testing establishment. The sample taking shall be recorded in the form provided in Appendix VIII to this Circular and presented by the importing enterprise to the testing establishment;
d/ Emission test: To comply with National Technical Regulation QCVN 86:2015/BGTVT on the fourth level of emissions for newly manufactured and assembled automobiles and imported brand-new automobiles (excluding the evaporation test);
dd/ Technical safety quality test: To comply with National Technical Regulations QCVN 09:2015/BGTVT on technical safety quality and environmental protection for automobiles; QCVN 10:2015/BGTVT on technical safety quality and environmental protection for urban buses; and QCVN 82:2014/BGTVT on urban buses for easy access by people with disabilities, and relevant current regulations (excluding tests of rear mirrors, glass, head lamps, tires, alloy wheel rims, fireproof materials and fireproof safety structures).
Article 6. Procedures and methods of implementation
1. Submission of inspection registration dossiers
a/ An importing enterprise shall make 1 set of inspection registration dossier as prescribed in Article 4 of this Circular and submit it directly or according to electronic inspection and certification procedures to the inspection agency. At the time of inspection registration, it shall submit at least the documents specified at Points a thru e, Clause 1, Article 4, for used automobiles; or the documents specified at Points a thru i, Clause 2, Article 4, for brand-new automobiles. A copy of the import declaration shall be submitted when requesting physical inspection; remaining documents in the dossier shall be added before the inspection agency issues a quality certificate;
b/ For the ex-works quality inspection sheet, a copy shall be submitted online and the original shall be submitted to the inspection agency before the physical inspection of automobiles is carried out.
2. Receipt of inspection registration dossiers
The inspection agency shall receive and inspect the contents of the dossier submitted by the importing enterprise within 1 working day. If the dossier is complete as required, the inspection agency shall certify such in the registration. If the dossier is incomplete, the inspection agency shall request the importing enterprise to supplement it.
3. Automobile inspection
a/ An importing enterprise shall present automobiles for inspection at the time and place already registered;
b/ An automobile inspection shall be performed according to Clause 1, Article 5, or Points a, b and c, Clause 2, Article 5, of this Circular;
c/ Within 10 days after registering for physical inspection, if the importing enterprise fails to present automobiles registered for inspection, the inspection agency shall suspend the certification procedures for the registration dossier. For re-inspection, the importing enterprise shall carry out the registration procedures from the beginning.
4. Test of sample automobiles representing each type
For brand-new automobiles, the importing enterprise shall itself take the sample automobiles representing each type in the imported lot of automobiles already selected by the inspection agency to the testing establishment for testing their emissions and technical safety quality under regulations. The inspection agency shall base itself on testing results to grant quality certificates.
5. Grant of quality certificates
Within 4 working days after finishing the test and receiving all relevant documents as the basis for certification, the inspection agency shall grant a quality certificate (a paper or electronic one) as follows:
a/ It shall grant a certificate of conformity from inspection of technical safety quality and environmental protection for each automobile in the imported lot, which is made according to the form provided in Appendix V to this Circular. Particularly for tested sample automobiles, their certificates must contain the note: “This vehicle has been used for testing in Vietnam”;
b/ It shall issue a notice of non-conformity from inspection of technical safety quality and environmental protection for imported automobiles, made according to the form provided in Appendix VI to this Circular, and concurrently send it to the custom office for settlement under regulations in case: automobiles of the same type in the imported lot have either or both of results of the two tests of emissions and safety quality unsatisfactory; used automobiles have unsatisfactory results of physical inspection or whose circulation registration is not permitted in the EU and G7 countries or countries applying emission standards equivalent to or higher than those applied in Vietnam;
c/ It shall issue a notice of imported motor vehicles on the list of motor vehicles prohibited from import, made according to the form provided in Appendix VII to this Circular, and concurrently send it to the customs office for settlement under regulations.
Article 7. Handling of problems arising in the course of inspection
1. For used automobiles which have some of their technical specifications or their structures altered abroad as compared to brand-new ones, importing enterprises shall produce documents of foreign vehicle management agencies on these automobiles. The gross weight of each automobile in this case must not exceed the value stated in documents of foreign vehicle management agencies.
2. For imported automobiles which are damaged during the transportation from abroad to Vietnam, importing enterprises may repair some parts like body, cabin and cargo hold with paint scratches or non-working batteries.
3. For automobiles showing signs of erasure, chiseling or re-making of their chassis numbers or VINs (for automobiles having no chassis numbers) or engine numbers, the inspection agency shall request assessment from a specialized assessment agency to provide a basis for the grant of quality certificates. Assessment costs shall be paid by the inspection agency under regulations.
4. In the course of inspection and certification, if detecting imported automobiles which are on the list of those prohibited from import under Decree No. 187/2013/ND-CP, the inspection agency shall record the proof that such automobiles are prohibited from import while issue a notice that these automobiles are prohibited from import according to the form in Appendix VII to this Circular. The inspection, classification and taking samples representing the lot of automobiles for other automobiles shall be carried out under regulations.
Chapter III
PROVISIONS ON RECALL OF AUTOMOBILES
Article 8. Provisions on recall of automobiles with technical errors
1. Automobiles to be recalled include:
a/ Automobiles recalled according to notices of manufacturers;
b/ Automobiles recalled at the request of the inspection agency. The inspection agency’s recall request shall be made on the basis of specific evidence and results of verification of reported information on the technical safety quality and environmental protection of imported automobiles.
2. Responsibilities of importing enterprises:
For automobiles already put on sale which are to be recalled due to technical errors, importing enterprises shall:
a/ Within 5 working days after receiving a recall notice from the manufacturer or inspection agency, issue written notices to sale agents to stop selling automobiles which are to be recalled unless their errors are fixed;
b/ Within 10 days after receiving a recall notice from the manufacturer or inspection agency, send to the inspection agency a written report on the cause of technical errors, fixing measures, quantity of automobiles to be recalled and a feasible recall plan;
c/ Strictly implement the recall plan and concurrently announce adequate information on the recall plan and the list of automobiles to be recalled on their own websites and the websites of their sale agents in a timely manner;
d/ Send written reports every three months and upon the end of the planned time limit for recall to the inspection agency;
dd/ For automobiles subject to recall which have no quality certificates, produce evidence proving that their technical errors have been fixed under regulations of the manufacturer as the basis for carrying out quality inspection and certification procedures.
3. Responsibilities of the inspection agency
a/ To issue written notices of receipt of recall plans to importing enterprises;
b/ To request importing enterprises to recall automobiles;
c/ To publish information about automobiles to be recalled on its website;
d/ To monitor and inspect the recall by enterprises according to recall plans;
dd/ To suspend the quality certification procedures with regard to automobile-importing enterprises that fail to perform their responsibilities defined at Points a thru d, Clause 2 of this Article;
e/ To consider suspending the quality certification procedures with regard to automobiles of the same manufacturer if importing enterprises are able to provide evidence that such manufacturer refuses to collaborate in the implementation of the recall plan.
Chapter IV
PROVISIONS ON GRANT OF QUALITY CERTIFICATES
Article 9. Principles of grant of quality certificates
1. For paper dossiers, a quality certificate shall be granted with three duplicates: one for filing, one for carrying out the customs procedures, and one for use for registration fee collection and automobile registration.
2. For electronic dossiers, paper quality certificates will be granted if related agencies have not yet been connected to the inspection agency to use electronic data.
3. Paper or electronic quality certificates granted for imported automobiles may be used for the following purposes: carrying out the customs procedures; registration fee collection; automobile registration; initial inspection for operation; and settlement of other procedures as requested by competent agencies.
Article 10. Provisions on re-grant of quality certificates
1. Quality certificates may be re-granted in case of loss or damage.
2. An importing enterprise shall send a set of dossier of request for re-grant of a quality certificate directly or by post or another appropriate means to the inspection agency. Such dossier must comprise:
a/ A written request for re-grant of the quality certificate;
b/ The original quality certificate (if it is damaged).
3. Re-grant in case of certificate loss
a/ In case the dossier is conplete as required, the inspection agency shall send a written notice to the requesting enterprise and customs, tax and public security agencies; if the dossier is incomplete, the inspection agency shall guide the requesting enterprise to supplement information;
b/ If receiving no feedback from the related agencies within 30 days after issuing a notice under Point a of this Clause, the inspection agency shall re-grant a paper or electronic quality certificate; if refusing to re-grant a quality certificate, the inspection agency shall issue a written reply specifying the reason.
4. Re-grant in case of damaged certificates: If the dossier is complete as required, the inspection agency shall re-grant a paper or electronic quality certificate within 4 working days; if refusing to re-grant a quality certificate, the inspection agency shall issue a written reply specifying the reason.
Chapter V
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS
Article 11. Responsibilities of importing enterprises
1. To be responsible for the truthfulness, accuracy, validity and lawfulness of dossiers and documents provided to the inspection agency.
2. To keep intact imported automobiles for inspection by the inspection agency.
3. To collaborate with the inspection agency and testing establishments in the course of technical safety quality and environmental protection inspection and test.
4. When an e-transaction incident occurs on the electronic inspection and certification declaration system, to notify it to the management agency for assistance.
5. To pay charges (prices) and fees in accordance with law.
Article 12. Responsibilities of the inspection agency
1. To issue and manage quality certificates and be responsible for inspection and certification results, ensuring the uniformity of automobiles in the same lot and sample automobiles and sample automobile engines already tested.
2. When an e-transaction incident occurs on the electronic inspection and certification data processing system, to notify it on its website within 4 hours if such incident occurs during working hours or within 4 hours from the starting hour of the following working day if such incident occurs outside working hours as prescribed by law.
3. To collect charges (prices) and fees related to the inspection and grant of quality certificates in accordance with law.
4. To store electronic dossiers and digitalized paper documents for 5 years since the completion of the inspection of imported automobiles.
5. To summarize results of inspection of technical safety quality and environmental protection for imported automobiles for reporting to the Ministry of Transport.
Article 13. Responsibilities of testing establishments
1. To test emissions and technical safety quality of automobiles under current regulations at the request of importing enterprises.
2. To help and guide importing enterprises how to prepare sample automobiles and engines for testing under regulations.
Chapter VI
ORGANIZATION OF IMPLEMENTATION
Article 14. Effect
1. This Circular takes effect on March 1, 2018.
Article 15. Transitional provisions
1. For imported automobiles for which import declarations are opened under the Customs Law or which arrive at Vietnamese ports or border gates before January 1, 2018, shall be inspected and granted with certificates of quality of imported motor vehicles under the Minister of Transport’s Circular No. 31/2011/TT-BGTVT of April 15, 2011, prescribing the technical safety quality and environmental protection inspection for imported motor vehicles (Circular No. 31/2011/TT-BGTVT), and Circular No. 55/2014/TT-BGTVT of October 20, 2014, amending and supplementing a number of articles of Circular No. 31/2011/TT-BGTVT (Circular No. 55/2014/TT-BGTVT).
2. The quality inspection of automobiles imported into Vietnam from January 1, 2018, to the effective date of this Circular must comply with Clause 2, Article 6 of Decree No. 116/2017/ND-CP and the provisions of Circular No. 31/2011/TT-BGTVT and Circular No. 55/2014/TT-BGTVT.
3. Quality certificates of imported motor vehicles already granted for imported motor vehicles under Circular No. 31/2011/TT-BGTVT and Circular No. 55/2014/TT-BGTVT remain valid for carrying out the customs procedures, registration fee collection, automobile registration, initial inspection for circulation and other procedures as requested by competent agencies.
Article 16. Implementation responsibility
1. The Chief of the Office, the Chief of the Inspectorate, department directors, the Director General of Vietnam Register, and heads of related agencies and organizations shall implement this Circular.
2. In case legal documents referred to in this Circular are amended, supplemented or superseded, the amending, supplementing or superseding documents shall be applied.
3. Any problems arising in the course of implementation shall be promptly reported to the Ministry of Transport for guidance and settlement.-
For the Minister of Transport
Deputy Minister
LE DINH THO
* The appendices to this Circular are not translated.
Vietnamese
Circular 03/2018/TT-BGTVT DOC (Word)
Circular 03/2018/TT-BGTVT PDF (Original)
