Circular No. 40/2017/TT-BGTVT dated November 09, 2017 of the Ministry of Transport on guiding energy labeling for passenger cars with over 7 to 9 seats

CIRCULAR

Guiding energy labeling for passenger cars with
over 7 to 9 seats^[1]

Pursuant to the June 17, 2010 Law on Economical and Efficient Use of Energy;

Pursuant to the Government’s Decree No. 21/2011/ND-CP of March 29, 2011, detailing the Law on Economical and Efficient Use of Energy and measures for its implementation;

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;

Pursuant to the Prime Minister’s Decision No. 04/2017/QD-TTg of March 9, 2017, prescribing the list of devices and equipment subject to energy labeling and application of the minimum energy efficiency, and the implementation roadmap;

At the proposal of the Director of the Environment Department and the General Director of the Vietnam Register;

The Minister of Transport promulgates the Circular guiding energy labeling for passenger cars with over 7 to 9 seats.

Article 1. Scope of regulation

This Circular guides energy labeling for passenger cars with over 7 to 9 seats (below referred to as cars) manufactured or assembled from knocked down, brand new or imported parts.

Article 2. Subjects of application

1. This Circular applies to organizations and individuals involved in car manufacture, assembly, import or trading, inspection and testing of energy consumption rate and certification of car energy labeling.

2. This Circular applies optionally to:

a/ Cars manufactured, assembled or imported for direct use for national defense and security purposes by the Ministry of National Defense or Ministry of Public Security;

b/ Temporarily imported cars for re-export; cars in transit or border-gate transfer; diplomatic and consular cars;

c/ Cars imported in complete units not for trading purpose;

d/ Cars imported under the Prime Minister’s specific regulations;

dd/ Cars using fuels other than gasoline, diesel oil, liquefied petroleum gas (LPG) and natural gas (NG).

Article 3. Interpretation of terms

Terms referred to in this Circular are construed as follows:

1. Energy label of a car (below referred to as energy label) means a label providing information related to the fuel consumed and fuel consumption rate of that car in order to help consumers recognize and select fuel-efficient cars.

2. Energy consumption rate of a car (energy consumption rate) means a consumable energy rate of that car for a given distance under given conditions and a given testing cycle. The unit for calculation of energy consumption rate is liter (l) per 100 kilometers (km) for gasoline, LPG and diesel oil, or cubic meter (m³) per 100 kilometers (km) for NG.

3. Passenger car is defined in Section 3.1.1 of Vietnam standard TCVN 7271:2003 - Road vehicles - Motor vehicles - Classification by use purpose.

4. Types of cars are defined in the following documents:

a/ Section 1.3.6 of QCVN 86:2015/BGTVT - National technical regulation on emissions of manufactured, assembled and imported cars (below referred to as QCVN 86:2015/BGTVT);

b/ Section 3.2 of Vietnam standard TCVN 7792:2015 - Road vehicles - Method of calculation of emission of carbon dioxide (CO₂) and fuel and/or electric power consumption of passenger cars powered by an internal combustion engine or electric power hybrid drive system, and method of calculation of electric power consumption rate of M1 and N1 cars powered by electric power drive system - Requirements and test methods in Type Approval published by the Ministry of Science and Technology (below referred to as TCVN 7792:2015);

c/ Section 3.2 of Vietnam standard TCVN 9854:2013 - Road vehicles - Passenger cars - Limit of fuel consumption and method of determination published by the Ministry of Science and Technology (below referred to as TCVN 9854:2013).

5. Manufacturing or assembling establishment means an enterprise manufacturing or assembling cars from knocked down and brandnew parts and operating in accordance with law.

6. Importing establishment means an organization importing cars.

7. Car trading establishment means an organization or individual carrying out the sale or distribution of cars into the market.

Article 4. General guidance on energy labeling

1. Cars subject to this Circular must be stuck with energy labels under regulations before being marketed.

2. General guidance on energy labeling of cars must comply with Clauses 2, 3, 4, 5 and 6, Article 4 of the Minister of Transport and Minister of Industry and Trade’s Joint Circular No. 43/2014/TTLT-BGTVT-BCT of September 24, 2014, prescribing energy labeling of passenger cars with 7 seats or fewer (below referred to as Joint Circular No. 43/2014/TTLT-BGTVT-BCT).

Article 5. Self-announcement of fuel consumption rate and energy labeling

1. Manufacturing, assembling and importing establishments may announce by themselves their fuel consumption rates and energy labeling for:

a/ Manufactured or assembled cars of types for which technical safety and environmental protection quality certificates are granted before January 1, 2018, under the Minister of Transport’s Circular No. 30/2011/TT-BGTVT of April 15, 2011, on quality inspection of technical safety and environmental protection in manufacture and assembly of motor vehicles (below referred to as Circular No. 30/2011/TT-BGTVT) and the Minister of Transport’s Circular No. 54/2014/TT-BGTVT of October 20, 2014, amending and supplementing a number of articles of Circular No. 30/2011/TT-BGTVT (below referred to as Circular No. 54/2014/TT-BGTVT);

b/ Imported cars of types for which technical safety and environmental protection quality certificates are granted before January 1, 2018, under the Minister of Transport’s Circular No. 31/2011/TT-BGTVT of April 15, 2011, on quality inspection of technical safety and environmental protection of imported motor vehicles (below referred to as Circular No. 31/2011/TT-BGTVT) and the Minister of Transport’s Circular No. 55/2014/TT-BGTVT of October 20, 2014, amending and supplementing a number of articles of Circular No. 31/2011/TT-BGTVT (below referred to as Circular No. 55/2014/TT-BGTVT).

2. The self-announcement of fuel consumption rate and energy labeling must comply with Clause 2, Article 5 of Joint Circular No. 43/2014/TTLT-BGTVT-BCT.

  Article 6. Implementation of energy labeling

  1. The regulations on inspection and certification of fuel consumption rates and energy labeling must comply with Chapters II and III of Joint Circular No. 43/2014/TTLT-BGTVT-BCT.

  2. The responsibilities of car manufacturing, assembling, importing and trading establishments and related agencies subject to this Circular must comply with Articles 15, 16 and 17 of Joint Circular No. 43/2014/TTLT-BGTVT-BCT.

Article 7. Effect

1. This Circular takes effect on January 1, 2018.

2. The energy labeling implementation roadmap is as follows:

a/ Cars manufactured, assembled or imported from January 1, 2018, are subject to energy labeling;

b/ Cases of self-announcement of fuel consumption rates and energy labeling specified in Clause 1, Article 5 of this Circular shall continue to be implemented through December 31, 2018.

3. Should the documents, standards and technical regulations referred to in this Circular be amended, supplemented or replaced, the amending, supplementing or replacing documents shall be complied with.

Article 8. Organization of implementation

1. The Chief of the Ministry Office, the Chief of the Ministry Inspectorate, directors, the General Director of the Vietnam Register, heads of agencies and units and related organizations and individuals shall implement this Circular.

2. Any problems arising during the course of implementation should be reported to the Ministry of Transport for consideration and settlement according to its competence.-

Minister of Transport
NGUYEN VAN THE