Circular No. 19/2012/TT-BGTVT dated June 06, 2012 of the Ministry of Transport on the warranty and maintenance of imported or domestically produced cars

THE MINISTRY OF TRANSPORT

Circular No. 19/2012/TT-BGTVT of June 6, 2012, on car warranty and maintenance by car manufacturers and importers

Pursuant to the November 17, 2010 Law on Protection of Consumers’ Interests;

Pursuant to the November 13, 2008 Law on Road Traffic;

Pursuant to the December 5, 2007 Law on Product and Goods Quality;

Pursuant to the Government’s Decree No. 51/2008/ND-CP of April 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the director of the Department of Science and Technology;

The Minister of Transport issues this Circular providing car warranty and maintenance by car manufacturers and importers.

Article 1. Scope of regulation

1. This Circular provides the warranty and maintenance for cars which are domestically manufactured and assembled or imported (below referred to as cars) for sale in Vietnam.

2. This Circular does not apply to the manufacture, assembly or import of:

a/ Cars temporarily imported for re-export, donated cars; cars being assets of or serving diplomatic organizations and diplomats according to law; cars imported by organizations and individuals for private but non-commercial purposes;

b/ Cars of the Ministries of National Defense and Public Security, which are used for defense or security purposes;

c/ Cars imported for special purposes;

d/ Trucks and special-use cars manufactured from chassis cars or other new types of car.

Article 2. Subjects of application

This Circular applies to establishments that manufacture and assemble cars, and traders that import or entrust the import of cars for sale in Vietnam (below referred to as manufacturers and importers), garages and related management agencies.

Manufacturers mean establishments which fully satisfy conditions on car manufacture and assembly under current regulations.

Article 3. Provisions on car warranty and maintenance by manufacturers and importers

1. Manufacturers and importers shall disclose to buyers car warranty and maintenance policy documents, which must clearly specify car warranty and maintenance policies for each type of car sold in the market.

2. Manufacturers and importers must have garages in provinces and cities in which they deal in cars.

3. Manufacturers and importers may outsource car warranty and maintenance services to garages which satisfy prescribed requirements.

4. Car warranty and maintenance coverage and maintenance schedule comply with regulations of car manufacturers.

5. In case imported cars are detected to have technical errors in the design or manufacture or violate current regulations, standards and technical regulations applicable to those cars, importers shall recall them under Chapter III of the Minister of Transport’s Circular No. 30/2011/TT-BGTVT of April 15, 2011, on inspection of technical safety and environmental protection in motor vehicle manufacture and assembly.

Article 4. Minimum technical standards applicable to garages of manufacturers or importers

Garages of manufacturers or importers must satisfy the minimum technical standards specified in Appendix I to this Circular (not translated).

Article 5. Inspection for grant of certificates of garages of manufacturers or importers

1. The inspection and assessment of standard conformity shall be conducted at garages of manufacturers or importers.

2. Inspection and assessment shall be based on the minimum technical standards applicable to garages specified in Appendix I to this Circular.

3. Garages authorized by or obtaining a certificate of eligible garages from car manufacturers may be considered for exemption from conformity assessment.

Article 6. Procedures for grant of certificates of garages of manufacturers or importers

1. Dossier of application for a certificate of garage of manufacturer or importer (below referred to as certificate).

To obtain a certificate, a manufacturer or an importer (or a garage) shall make 1 (one) dossier, comprising:

a/ An application for a certificate, made according to the form provided in Appendix II to this Circular (not translated);

b/ A copy of the business registration certificate indicating the business line of car maintenance and repair (in case the manufacturer or importer outsources  car warranty services to a garage);

c/ The car manufacturer’s letter of authorization for car warranty and maintenance or certificate of eligible garage (if any).

2. Sequence of standard conformity certification for garages

a/ A manufacturer or an importer (or a garage) makes a dossier according to Clause 1 of this Article and submits it directly or by post to Vietnam Register;

b/ Vietnam Register receives and examines the dossier. If the dossier is complete according to regulations, it sets the inspection time, conducts conformity inspection and assessment at the garage and grants a certificate. In case the garage is assessed to be ineligible, Vietnam Register shall notify such to the manufacturer or importer (or garage) for remedy;

c/ The manufacturer or importer (or garage) may receive the certificate at the office of Vietnam Register or by post (at its request).

3. Settlement time limit

A certificate shall be granted within 5 working days after a complete dossier is submitted according to regulations and standard conformity assessment shows that the garage is eligible.

4. A certificate, made according to the form provided in Appendix III to this Circular (not translated) is valid for 3 years after the date of its signing. Expired certificates may be renewed under Clauses 1, 2 and 3 of this Article.

Article 7. Revocation of certificates

A certificate shall be invalidated and revoked when:

1. The manufacturer or importer seriously violates regulations on car warranty and maintenance.

2. The manufacturer or importer fails to provide car warranty and maintenance services at assessed and certified garages.

3. The manufacturer or importer fails to recall products with technical errors or garages fail to repair products with technical errors under the manufacturer’s or importer’s authorization.

Article 8. Charges and fees

Agencies that inspect and grant certificates may collect charges and fees under regulations.

Article 9. Effect

1. This Circular takes effect on August 1, 2012, and replaces the Minister of Transport’s Circular No. 43/2011/TT-BGTVT of June 9, 2011, on car warranty and maintenance by car importers.

2. Certificates of garages granted before the effective date of this Circular remain valid upon their expiration.

3. Implementation roadmap:

a/ For importers of cars of 9 seats or less in complete units: From the effective date of this Circular;

b/ For manufacturers and importers of other types of cars in complete units: From January 1, 2013.

Article 10. Organization of implementation

1. Vietnam Register shall receive and appraise dossiers and grant certificates of garages of manufacturers or importers nationwide.

2. The chief of the Office, the Chief Inspector, and directors of departments of the Ministry of Transport, the director of Vietnam Register, and heads of related agencies, and related organizations and individuals shall implement this Circular.-

Minister of Transport
DINH LA THANG