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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. 25/2019/TT-BGTVT
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Hanoi, July 5, 2019
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CIRCULAR
Prescribing the technical safety and environmental protection quality inspection in automobile manufacture and assembly[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 the implementation of a number of articles of the Law on Product and Goods Quality;
Pursuant to the Government’s Decree No. 116/2017/ND-CP of October 17, 2017, prescribing conditions for automobile manufacture, assembly and import and provision of automobile warranty and maintenance services;
Pursuant to the Government’s Decree No. 12/2017/ND-CP of February 10, 2017, 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 and General Director of the Vietnam Register;
The Minister of Transport promulgates the Circular prescribing the technical safety and environmental protection quality inspection in automobile manufacture and assembly.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Circular prescribes the technical safety and environmental protection quality inspection of automobiles manufactured or assembled under the Government’s Decree No. 116/2017/ND-CP of October 17, 2017, prescribing conditions for automobile manufacture, assembly and import and provision of automobile warranty and maintenance services (below referred to as Decree No. 116) and automobile parts.
2. This Circular does not regulate automobiles manufactured or assembled under Point a, Clause 2, Article 2 of Decree No. 116.
Article 2. Subjects of application
This Circular applies to establishments manufacturing or assembling automobiles, establishments manufacturing or importing automobile parts, and organizations and agencies involved in the management, inspection and testing of automobiles and automobile parts.
Article 3. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Complete components include engine, chassis, cabin, body or trunk or special-use equipment fitted on an automobile;
2. Systems include transmission system, moving system, suspension system, braking system, steering system, fuel system, electrical system, and lighting and signaling system;
3. Parts include complete components, systems and details of an automobile;
4. Product means an automobile part or automobile;
5. Same-type automobiles means automobiles having the same characteristics identified on the principles prescribed in Appendix I to this Circular;
6. Product type quality certification means the process of inspecting, testing, assessing and certifying the conformity of a product type to the Minister of Transport-issued standards, technical regulations and current regulations on technical safety and environmental protection quality;
7. Typical sample means a product selected by a manufacturing establishment or quality management agency under regulations for inspection and testing;
8. Manufacturing establishment means an establishment that manufactures automobile parts and fully satisfies the conditions prescribed by current regulations or an establishment that manufactures or assemblies automobiles and fully satisfies the conditions for automobile manufacture or assembly prescribed in Decree No. 116;
9. Designing establishment means an enterprise established in accordance with law;
10. Quality management agency means the Vietnam Register under the Ministry of Transport;
11. Testing establishment means an organization that operates in the field of testing automobile parts or automobiles under regulations;
12. Defective product means a product that has a design, manufacture or assembly defect which might pose a danger to the user’s life and property and adversely affect community safety and environment;
13. Risk management means the systematic application of regulations, and professional processes and measures to identify, assess and classify risks which are likely to affect the quality of products or goods of manufacturing establishments and serves as a basis for the quality management agency to apply an appropriate management measure;
14. Electronic registration and inspection procedures means the provision, receipt and processing of information declared for registration and inspection and exchange of information about registration and inspection procedures between related parties which are carried out via the registration and inspection-related e-data processing system;
15. Registration and inspection-related e-data processing system means an information system managed by the quality management agency to carry out electronic registration and inspection procedures;
16. Electronic registration and inspection declaration system means an information system serving manufacturing or importing establishments in declaring information to and receiving replies from the quality management agency in the course of carrying out electronic registration and inspection procedures.
17. Electronic product information registration form means a type of e-document containing inquiries for information which must be filled in by manufacturing or importing establishments;
18. E-transaction incident means a case where a registration and inspection-related e-data processing system and an electronic registration and inspection declaration system fail to proceed e-transactions with each other due to an objective reason.
Chapter II
PROVISIONS ON TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION QUALITY INSPECTION
Article 4. Automobile design dossiers
1. An automobile design dossier must comprise:
a/ A written request for appraisal of an automobile design, made according to the form provided in Appendix XI to this Circular;
b/ Written explanations about the technical design and drawings, made with the contents specified in Appendix II to this Circular;
c/ Copies of documents on technical parameters and functions of complete components and systems related to design calculations.
2. For automobiles manufactured or assembled according to a foreign design and bearing a foreign trademark, a manufacturing establishment is not required to make a design dossier specified in Clause 1 of this Article if it can provide the following substitute documents:
a/ Copies of technical drawings of the automobile bearing the technology transferor’s certification and showing the general arrangement of the automobile; basic dimensions of the automobile; installation positions and sizes of seats and beds; installation positions and sizes of lights and rear mirrors; overall width of cabin and size of the cargo trunk (for trucks); size and positions of doors, emergency exit, steps and passageway; size and position of the luggage compartment (for passenger cars);
b/ Copies of documents on technical parameters and basic functions of the manufactured or assembled automobile, issued and certified by the technology transferor;
c/ A copy of the product type certificate granted by a foreign competent authority and bearing the technology transferor’s certification.
Article 5. Appraisal of designs
1. Automobile design dossiers must be appraised by the quality management agency.
2. Order and method of appraisal:
a/ A designing establishment shall make an automobile design dossier under Clause 1, Article 4 of this Circular, then submit it directly or by post or via the portal or in another form to the quality management agency. If wishing to submit a paper dossier, the designing establishment shall submit 2 dossier sets (or 3 sets if the designing establishment is not the manufacturing establishment);
b/ The quality management agency shall receive and examine the dossier. In case the dossier is not complete as prescribed, it shall return it on the same working day, for directly submitted dossiers, or within 2 working days after receiving the dossier, for dossiers submitted by other methods, and guide the designing establishment to complete the dossier. In case the dossier is complete, the quality management agency shall accept and appraise it;
c/ The quality management agency shall check contents of the automobile design dossier against the Minister of Transport-issued standards, technical regulations and current regulations on technical safety and environmental protection for automobiles within 10 days. In case the dossier satisfies the requirements, the quality management agency shall grant a design appraisal certificate, made according to the form provided in Appendix III to this Circular;
If the dossier has contents not satisfying the requirements, the quality management agency shall notify in writing such contents to the designing establishment for modification and supplementation under regulations. The designing establishment shall supplement and complete the dossier within 30 days after being notified. Past this time limit, the quality management agency shall cease the appraisal of the dossier. In order to get the appraisal of the dossier resumed, the designing establishment shall make the registration again;
d/ The designing establishment shall receive design appraisal results, including a design appraisal certificate, 1 copy of the written explanations about the technical design and drawings of the appraised dossier (2 copies in case the designing establishment is not the manufacturing establishment), directly at the office of the quality management agency or by post or in another appropriate form.
3. Re-appraisal of design dossiers
A designing establishment shall make 1 dossier under Clause 1, Article 4 with the modified contents of its design dossier, then send it to the quality management agency for requesting the re-appraisal in the following cases:
a/ There is a change or modification in or supplementation to the appraised dossier but the requirements on same-type products prescribed in Appendix I to this Circular are still satisfied;
b/ There is a change in standards and technical regulations, except where the granted type approval certificate remains valid.
4. A designing establishment shall make a new design dossier if the supplemented or modified contents fail to meet the requirements on same-type products prescribed in Appendix I to this Circular.
Article 6. Testing of typical samples
1. Manufacturing establishments shall transfer typical samples to testing establishments. Items and objects subject to inspection and testing are specified in Appendix IV to this Circular.
2. Testing establishments shall base themselves on standards, regulations and provisions of relevant legal documents to guide manufacturing establishments or importing establishments in providing documents to serve the inspection and testing.
3. Testing establishments shall test typical samples according to standards, technical regulations and current regulations of the Minister of Transport; make reports on testing results. A testing report is valid for 36 months from the date of its signing for registration for product type quality certification.
Article 7. Dossiers for registration for technical safety and environmental protection quality certification of product type
1. A dossier for registration for type quality certification for parts subject to inspection, testing and certification specified in Appendix IV to this Circular must comprise:
a/ An application for a product type quality certificate as prescribed in Appendix XI to this Circular;
b/ A sheet of information on parts containing technical parameters of products, enclosed with photos of such products;
c/ A copy of the report on part testing results according to relevant national technical regulations of Vietnam;
d/ Copies of technical drawings accompanied with parameters of the products; written explanations about signs, characters and numbers imprinted on the products (if any);
dd/ A copy of the import declaration form, for case of grant of quality certificate based on the import declaration form.
2. A dossier for registration for type quality certification for an automobile must comprise:
a/ An application for a product type quality certificate, made according to the form provided in Appendix XI to this Circular;
b/ A sheet of information on the manufactured or assembled automobile, made according to the form provided in Appendix V to this Circular, enclosed with photos of the automobile and photos of special equipment (if any);
c/ A copy of the report on results of technical safety and environmental protection quality testing according to current regulations, standards and national technical regulations on automobiles of Vietnam.
A report on emission testing for engines is not required if one of the following documents can be provided: a copy of the written certification by the foreign engine manufacturer, enclosed with documents on results of the certification of conformity with emission quality standards applicable to imported engine types under agreements with countries or territories with which Vietnam has concluded mutual recognition agreements in the field of motor vehicle certification; a copy of the written certification by the Vietnam-based lawful representative of the foreign engine manufacturer, enclosed with a copy of the valid engine type quality certificate regarding emission granted by the quality management agency; or a copy of the engine type quality certificate regarding emission granted by the quality management agency in case a domestic engine-manufacturing establishment manufactures or assembles engines for supply to establishments manufacturing or assembling automobiles;
d/ Copies of the design appraisal certificate and written explanations about the technical design and drawings of the design dossier appraised by the quality management agency or substitute documents specified in Clause 2, Article 4 of this Circular;
dd/ A sheet of statistics on complete components and systems domestically manufactured or imported for use in automobile manufacture or assembly, made according to the form provided in Appendix VI to this Circular and enclosed with one of relevant documents for each part (except the engine) which is subject to the inspection, testing and certification, specifically as follows: A copy of the valid type approval certificate granted by the quality management agency for the part type tested according to relevant national technical regulations of Vietnam; a copy of the written certification by the foreign part manufacturer enclosed with documents on results of the certification of conformity of imported part types with quality standards under a mutual recognition agreement in the field of motor vehicle certification which Vietnam has concluded with the country or territory of origin; a copy of the written certification by the Vietnam-based lawful representative of the foreign part manufacturer, enclosed with a copy of the valid type approval certificate granted by the quality management agency for part types tested according to relevant technical regulations of Vietnam;
e/ A copy of the written explanation about the method and positions for imprinting frame and engine numbers.
Article 8. Assurance of product quality in manufacture or assembly
1. Manufacturing establishments shall apply a quality management system in order to ensure product quality in manufacture or assembly and ex-workshop of products up to the relevant regulations, standards and technical regulations. The application of the quality management system shall be carried out through the process of providing manufacture or assembly instructions, process of providing professional instructions on quality inspection suitable to manufactured product types from the quality control of input parts, quality inspection in each stage to the inspection of ex-workshop quality, process of preventing and remedying product defects, and process of archiving and controlling product quality inspection dossiers.
2. The quality management agency shall assess the assurance of product quality (conformity of production - COP) by the following methods:
a/ Initial assessment, which shall be carried out upon the grant of a type approval certificate according to the criteria specified in standard IATF 16949 “Requirements for a Quality Management System (QMS) for the automotive sector”, and covers the following:
Assessment of completeness of the processes specified in Clause 1 of this Article; assessment of actual operation of the quality inspection system in the course of product manufacture, assembly and quality inspection; traceability of supplies, parts and time of product manufacture and ex-workshop;
Assessment of working status and accuracy of, and compatibility with, manufactured product type of inspection devices and equipment for each production stage and inspection of ex-workshop quality according to Appendix VII to this Circular;
Assessment of the product quality inspection by responsible technicians and their ability to use quality inspection devices and equipment; and professional skills of technicians in general charge of ex-workshop automobile quality inspection.
b/ Assessment in subsequent periods, which shall be carried out to assess the assurance and maintenance of quality by manufacturing establishments. In these periods of assessment, the quality management agency shall take random samples for assessment of the archive of files and documents related to products and conformity of ex-workshop products with the dossier for registration for type quality certification. The total time of assessment in subsequent periods is 36 months for part-manufacturing establishments. For establishments manufacturing or assembling automobiles, such total time shall be determined based on the application of risk management in the quality management of manufactured or assembled products as prescribed in Article 14 of and Appendix X to this Circular.
3. For parts imported from countries with which Vietnam has concluded mutual recognition agreements in the field of motor vehicle quality certification, such agreements shall be complied with. For parts imported from countries that have no mutual recognition agreements in the field of motor vehicle quality certification with Vietnam, the assessment of quality assurance shall be carried out as follows:
a/ COP assessment by the method specified at Point a, Clause 2 of this Article;
b/ Exemption from COP assessment in subsequent periods, if the manufacturing establishment can produce valid documents showing results of the COP assessment carried out by a foreign authority or an independent assessment organization accredited by a foreign authority in compliance with ECE or EC regulations.
4. COP assessment is not required for:
a/ A product type manufactured or assembled in a technology line and undergoing an inspection process that see no substantial change or are simpler than those used for the previously assessed product type;
b/ An imported part type registered for certification under the import declaration form.
Article 9. Grant of type approval certificates
1. Order and method of granting a type approval certificate for a product type (below referred to as certificate):
a/ An establishment manufacturing or importing parts (below referred to as enterprise) shall make 1 dossier for registration for product type quality certification (certification registration dossier) under Clause 1 or 2, Article 7 of this Circular, then submit it directly or by post or via the portal or in another form to the quality management agency;
b/ The quality management agency shall receive the dossier and check its composition. In case the dossier is incomplete, the quality management agency shall return it within the working day of receipt, for directly submitted dossiers, or within 2 working days after the receipt, for dossiers otherwise submitted, and guide the enterprise to complete the dossier;
c/ The quality management agency shall examine contents of the dossier and results of the COP assessment within 7 working days. If contents of the dossier are invalid, the quality management agency shall notify such to the enterprise for dossier supplementation and completion under regulations. If results of the COP assessment are not available, the quality management agency shall notify the enterprise of the time and place of carrying out the COP assessment and carry out the COP assessment within 15 working days after the notification. Contents and method of COP assessment must comply with Clause 2, Article 8 of this Circular. After 3 months from the date of notification, if the enterprise fails to supplement and complete the dossier or correct inappropriate contents in results of the COP assessment, it shall carry out the quality certification registration again;
d/ The quality management agency shall grant a certificate according to the form provided in Appendix VIII to this Circular within 3 working days after receiving a complete and valid dossier under regulations and obtain satisfactory results of the COP assessment;
dd/ Enterprises shall receive a certificate directly at the office of the quality management agency or by post or in another appropriate form.
2. For imported parts for which quality certification registration is carried out according to import declaration forms, a certificate granted for import part type is valid only for parts of the same type under the same import declaration form.
Article 10. Regulations applicable to the mass production process
1. Manufacturing establishments shall inspect the ex-workshop quality of every product having undergone mass production (below referred to as ex-workshop inspection) to ensure such products satisfy standards and technical regulations and conform to the quality certification registration dossier and typical sample after a certificate is granted for the product type.
2. Manufacturing establishments shall ensure the origin and quality of ex-workshop products and carry out goods labeling in accordance with law. Vehicles may only be delivered from workshops when the certificate for their parts subject to inspection, testing and certification according to Appendix IV to this Circular remains valid.
3. Manufacturing establishments may not use frames or engines, of which imprint numbers are erased, chiseled or re-imprinted for automobile assembly. For automobiles with incorrect or unreadable or faded (improperly imprinted) domestically imprinted vehicle identification numbers (VIN) or engine numbers, manufacturing establishments shall re-imprint such numbers and send to the quality management agency reports on reasons and remedies for such problems, showing re-imprinted VIN or engine numbers, re-imprint positions compared to positions of improperly imprinted numbers, photos of improperly imprinted numbers which are crossed out with letter “X” and re-imprinted numbers, and photos showing positions of improperly imprinted and re-imprinted numbers.
4. Manufacturing establishments shall make and grant for each ex-workshop automobile 1 dossier which must comprise:
a/ Ex-workshop quality inspection slip (below referred to as ex-workshop slip), made according to the form provided in Appendix IX to this Circular. Such ex-workshop slip must bear the signature and seal of a competent person (head, deputy head or person authorized in writing by the head of the manufacturing establishment);
b/ A user manual in Vietnamese, showing basic technical parameters of the product and use instructions for main equipment and devices, safety devices and special devices (if any);
c/ Product warranty booklet or slip in Vietnamese, clearly stating warranty period and conditions, maintenance cycle and jobs and addresses of warranty and maintenance establishments satisfying law-prescribed criteria.
5. Manufacturing establishments shall grant ex-workshop slips for automobiles which have undergone the ex-workshop quality inspection.
6. In addition to having the ex-workshop of the product type involved in violation suspended under regulations, manufacturing establishments that violate Clause 1, Article 13 of this Circular may only grant ex-workshop slips for vehicles of product types not involved in violation after obtaining and sending results of the ex-workshop quality self-inspection to the quality management agency until the suspension is lifted under Clause 3, Article 13 of this Circular.
7. The quality management agency shall issue a decision to form an inspection team and carry out an unscheduled inspection of a manufacturing establishment’s observance of this Circular in the following cases:
a/ There is a grounded report or complaint on quality of products on the market;
b/ There is a written request of a competent agency;
c/ Inspection results show that the manufacturing establishment violates the regulations on maintenance of product quality assurance and inspection; ex-workshop products are of inferior quality or not conformable with the certification registration dossier and typical samples bearing quality certification; the ex-workshop slip is granted in contravention of regulations or in violation of other provisions of this Circular. This case shall be considered and handled under Article 13 of this Circular and appropriate risk management measures shall be applied under Article 14 of and Appendix X to this Circular.
8. Manufacturing establishments shall report and transmit data related to the inspection of ex-workshop automobiles to the quality management agency.
Article 11. Re-grant of product type quality certificates
1. A certificate shall be re-granted in case of loss, damage, invalidation or change of information on the name or address of the enterprise.
2. A dossier for re-grant of a certificate must comprise:
a/ An application, made according to the form provided in Appendix XI to this Circular;
b/ The documents specified in Clause 1 or 2, Article 7 of this Circular, for re-grant of a certificate in case the old certificate has expired. These documents are not required if there is no change compared to the documents included in the certification registration dossier for the product type for which the certificate has been granted.
3. Re-grant procedures:
a/ The enterprise shall make 1 dossier under Clause 2 of this Article, then send it directly or by post or via portal or in another appropriate form to the quality management agency;
b/ The quality management agency shall receive the dossier and check its composition. In case the dossier is incomplete, the quality management agency shall return it within the working day of receipt, for a directly submitted dossier, or within 2 working days after the receipt, for a dossier submitted in another form, and guide the enterprise in completing the dossier;
c/ The quality management agency shall examine contents of the dossier and, if the dossier is valid and there are satisfactory COP assessment results, re-grant the certificate within 2 working days in case of loss or damage of the certificate or change of information on the name or address of the enterprise in the certificate, or within 3 working days for re-grant of a certificate in case the old certificate has expired.
To re-grant a certificate in case the old certificate has expired, the quality management agency shall take a random sample in the manufactured, assembled or imported product lot for testing according to relevant regulations, standards and technical regulations in Vietnam.
4. The validity period of a re-granted product type certificate in case of loss, damage or change of information on the enterprise’s name or address is that of the old certificate.
Article 12. Grant of extension of product type quality certificates or supplementation of product type certification registration dossiers
1. The grant of extension of a product type quality certificate or supplementation of a product type certification registration dossier shall be carried out when the product type for which a certificate has been granted and remains valid has a change compared to the original type quality certification dossier but still satisfies the requirements on products of the same type prescribed in Appendix I to this Circular, specifically as follows:
a/ An extension of the certificate shall be granted in case the product type has a change as prescribed in Clause 3 of Appendix I to this Circular which affects the technical safety and environmental protection of the product compared to relevant standards or technical regulations or has changes which lead to the change of parameters printed on the granted certificate;
b/ Supplementation of the product type certification registration dossier shall be granted in case products have a change not mentioned at Point a of this Clause.
2. A dossier for grant of an extension of a certificate or supplementation when a product has a change compared to the product type must comprise:
a/ A written request, made according to the form provided in Appendix XI to this Circular, enclosed with documents related to the change of the product;
b/ A report on results of the testing for addition of technical safety and environmental protection requirements in relevant standards, technical regulations and regulations relevant to changed features of the product in Vietnam;
Testing is not required for products that have changes in utility and aesthetical features without leading to a change in technical safety and environmental protection parameters which serve as a basis for grant of the certificate.
3. Procedures for grant of extension or supplementation:
a/ An enterprise shall make 1 dossier under Clause 2 of this Article, then submit it directly or by post or via portal or in another appropriate form to the quality management agency;
b/ The quality management agency shall receive the dossier and check its composition. If the dossier is incomplete, the quality management agency shall return it within the working day of receipt, for directly submitted dossiers, or within 2 working days after the receipt, for dossiers submitted in other forms, and guide the enterprise in completing the dossier;
c/ The quality management agency shall examine contents of the dossier and, if the dossier is complete and valid and there are satisfactory COP assessment results, grant an extended certificate within 3 working days after receiving a valid dossier. In case of supplementation of the dossier, it shall recognize and add changed contents in the dossier for product type certification registration. If there are invalid contents, the quality management agency shall notify them to the enterprise for completion of the dossier.
4. The validity period of an extended certificate is that of the product type certificate before the change occurs.
Article 13. Suspension of ex-workshop of product types and revocation of granted product type certificates
1. Suspension of ex-workshop of a product type
The quality management agency shall request a manufacturing establishment to suspend the ex-workshop of a product type in one of the following cases:
a/ The manufacturing establishment fails to maintain the product quality assurance or carry out ex-workshop quality inspection under regulations; ex-workshop products are not conformable with the certification registration dossier and typical sample of the certified type; the ex-workshop slip is issued in contravention of regulations;
b/ The manufacturing establishment fails to recall defective products under Chapter III of this Circular;
c/ The manufacturing establishment erases or chisels to change VIN or engine numbers without reporting to the quality management agency.
2. Suspension of the ex-workshop of all product types
The quality management agency shall request a manufacturing establishment to suspend the ex-workshop of all product types in one of the following cases:
a/ The manufacturing establishment commits a violation specified at Point a, b, c or d, Clause 1 of this Article for many product types.
b/ The manufacturing establishment’s certificate of eligibility for automobile manufacture or assembly has its validity suspended or is revoked in accordance with law.
3. Cancellation of the suspension of the ex-workshop of products:
The quality management agency shall cancel the suspension of the ex-workshop of products and notify such to the manufacturing establishment after the latter remedies its violation.
4. Revocation of certificates
A manufacturing establishment’s certificate shall be revoked in one of the following cases:
a/ The manufacturing establishment is dissolved or falls bankrupt in accordance with law;
b/ The manufacturing establishment forges documents in the certification registration dossier;
c/ Past 6 months from the date of suspension of validity of the certificate prescribed in Clause 1 or 2 of this Article, the manufacturing establishment fails to remedy its violation.
If the enterprise wishes to continue manufacturing, assembling or importing a product type for which the certificate is revoked, it shall carry out procedures for re-appraisal of the product design and for certification as for a new product.
Article 14. Risk management
1. The quality management agency shall base itself on the criteria for assessment of risk levels to divide enterprises into groups, apply appropriate management measures as specified in Appendix X to this Circular, and publicize them on its portal.
2. Upon a change in the grouping of enterprises, the quality management agency shall notify such to enterprises, realize and publicize such change on its portal.
Chapter III
PROVISIONS ON RECALL OF DEFECTIVE PRODUCTS
Article 15. Products subject to recall
1. An enterprise shall recall a defective product which it has manufactured or assembled in the following cases:
a/ Such product violates current regulations, standards and technical regulations applicable to it;
b/ Such product causes a threat to human life or property due to its technical errors in the designing or manufacturing process;
c/ Such product, though having not yet caused human or property damage, is likely to become dangerous if used in certain conditions.
2. For defective products not subject to recall as prescribed above, manufacturing establishments shall remedy their defects on their own.
Article 16. Recall of products
1. Recall carried out by enterprises on their own initiative
In case an enterprise finds that its marketed products have defects and are therefore subject to recall, it shall take the initiative in:
a/ Suspending the ex-workshop of the defective products;
b/ Within 5 working days from the date of detecting defective products, notifying such in writing to its sale agents, and requesting the suspension of the supply of defective products to the market;
c/ Within 14 days from the date of identifying defective products subject to recall, reporting to the quality management agency on reasons for the defects, remedies, number of products to be recalled, and an appropriate recall plan;
d/ Publicizing a recall plan in the mass media;
dd/ Within 30 days after completing the recall, reporting in writing on recall results to the quality management agency;
e/ Bearing all expenses for the recall of products.
2. Recall at the request of the quality management agency
When finding that marketed products of an enterprise have defects and are therefore subject to recall, the quality management agency shall base itself on current regulations, standards and technical regulations, information and investigation results (in case of necessity, it may solicit expert assessment of the danger of defective products) to consider and decide to:
a/ Request the manufacturing establishment to suspend the ex-workshop of the defective products and report to the quality management agency on information related to defective products subject to recall;
b/ Base itself on the danger and emergency of defective products to request the manufacturing establishment to recall such products under Clause 1 of this Article.
Chapter IV
RESPONSIBILITIES OF RELATED AGENCIES AND ORGANIZATIONS
Article 17. Responsibilities of the quality management agency
1. To organize the implementation of this Circular.
2. To uniformly grant and distribute, and manage the use of, certificates and blank ex-workshop slips.
3. To publicize the list of testing establishments that carry out the testing of automobiles and automobile parts to serve the work of technical safety and environmental protection quality certification.
4. To issue blank ex-workshop slips under monthly and quarterly manufacture plans for product types of manufacturing establishments.
5. To solicit expert assessment of the danger of defective products before making timely and necessary decisions.
6. To notify public security offices of notices of loss of ex-workshop slips received from manufacturing establishments; to notify customs offices of import border gates of evidences that manufactured or assembled automobiles use parts with erased, changed or re-imprinted VIN or engine numbers.
7. To collect charges and fees in accordance with law.
8. In case an e-transaction incident occurs in the electronic registration and inspection data processing system, to announce such incident on its portal within 4 hours after the occurrence of the incident during working hours or within 4 hours after the beginning of the next working day if the incident occurs beyond the working hours prescribed by law.
9. To archive design dossiers and product type quality certification registration dossiers for at least 5 years after enterprises notify the quality management agency of the termination of the manufacture, assembly or import of certified product types or after certificates granted for product types expire. Paper dossiers that are digitalized for archive under regulations may be destroyed 3 years after the grant of certificates or design appraisal certificates.
Article 18. Responsibilities of testing establishments
1. To test technical safety quality of automobiles and automobile parts, emission of automobiles or engines under current regulations at the request of manufacturing or importing establishments; to take responsibility for results of the inspection or testing they have carried out. To take no responsibility for damage of test samples caused during the testing for force majeure reasons as prescribed by law.
2. To carry out testing and guide manufacturing or importing establishments in preparing documents and typical samples for testing under regulations.
3. To collect charges for inspection and testing as prescribed by law.
4. To archive testing results and documents serving the testing for at least 3 years after making reports on testing results.
Article 19. Responsibilities of manufacturing establishments, establishments importing parts and designing establishments
1. To take responsibility before law for the lawfulness and accuracy of declared information and documents included in their dossiers, and abide by regulations and inspection decisions of competent agencies.
2. To take responsibility for the origin of their products and parts used in the automobile manufacture or assembly; to archive information related to products and parts for tracing product origin and recalling products.
3. To take responsibility before law for their acts infringing upon intellectual property rights.
4. In case an e-transaction incident occurs in the electronic registration and inspection declaration system, to notify it to the quality management agency for coordinated handling.
5. To maintain the quality management system to ensure product quality under Article 8 of this Circular.
6. To archive for-archive parts of ex-workshop slips and quality inspection dossiers of products for at least 3 years from the date of ex-workshop of products. When destroying these documents, to ensure the retrieval of data to serve the recall of products.
7. To manage and use blank ex-workshop slips under regulations and send data on ex-workshop automobiles (certificate numbers, VIN, engine numbers, ex-workshop slip numbers, and date of ex-workshop) to the quality management agency within 5 working days after the use of slips. In case of loss of an ex-workshop slip, to notify such to the quality management agency and may only be granted a substitute slip after 30 days from the date of notification.
8. Manufacturing establishments and part-importing establishments shall recall their defective products under this Circular; notify necessary information related to the recall to their agents, services stations and customers; take the initiative in reporting to the quality management agency on information related to defects of defective products and provide necessary information related to their products, results and progress of the product recall when so requested.
9. To archive product type quality certification registration dossiers and documents relevant to the product quality assurance for at least 5 years from the date of termination of the manufacture or import of product types.
10. To archive automobile design dossiers for at least 5 years from the date of termination of the manufacture of product types.
11. To pay charges and fees for the appraisal of designs, inspection, testing or assessment of defective products under regulations.
Chapter V
EFFECT AND ORGANIZATION OF IMPLEMENTATION
Article 20. Effect
1. This Circular takes effect on August 25, 2019.
2. Manufactured or assembled automobiles not regulated by this Circular are subject to technical safety and environmental protection quality inspection under the Minister of Transport’s Circular No. 30/2011/TT-BGTVT of April 15, 2011, prescribing technical safety and environmental protection quality inspection in the manufacture and assembly of motor vehicles, and Circular No. 54/2014/TT-BGTVT of October 20, 2014, amending and supplementing a number of articles of Circular No. 30/2011/TT-BGTVT.
3. When there is a change in national standards and technical regulations relevant to certified product types, manufacturing establishments may continue their manufacture, assembly, ex-workshop or import activities until the product type certificates expire.
4. In case legal documents referred to in this Circular are amended, supplemented or replaced by new ones, the amending, supplementing or replacing legal documents shall be complied with.
Article 21. Transitional provisions
1. Certificates granted before the effective date of this Circular for currently manufactured or assembled product types remain valid until December 31, 2019.
2. Ex-workshop slips for automobiles issued before the effective date of this Circular and those issued under Clause 1 of this Article remain valid for carrying out registration and inspection procedures.
Article 22. Organization of implementation
The Chief of the Office, Chief of the Inspectorate, directors of the Departments, and General Director of the Vietnam Register, of the Ministry of Transport, heads of related agencies and organizations, and related individuals shall implement this Circular.-
For the Minister of Transport
Deputy Minister
LE DINH THO
* The appendices to this Circular are not translated.
Vietnamese
Circular 25/2019/TT-BGTVT DOC (Word)
Circular 25/2019/TT-BGTVT PDF (Original)
