Circular No. 43/2011/TT-BGTVT dated June 9, 2011 of the Ministry of Transport on car warranty and maintenance by car importers

THE MINISTRY OF TRANSPORT

Circular No. 43/2011/TT-BGTVT of June 9, 2011, on car warranty and maintenance by car 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;

The Minister of Transport provides for car warranty and maintenance by car importers as follows:

Article 1. Scope of regulation

1. This Circular provides for the warranty and maintenance for new and used cars (below referred to as cars) which are imported into Vietnam for commercial purposes.

2. This Circular does not apply to:

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 personal non-commercial purposes;

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

c/ Cars which are imported for special purposes.

Article 2. Subjects of application

This Circular applies to traders that import or entrust the import of cars into Vietnam for commercial purposes (below referred to as importers) and relevant management agencies.

Article 3. Provisions on car warranty and maintenance by importers

1. Importers shall disclose to buyers car warranty and maintenance policy documents, clearly stating car warranty and maintenance policies and addresses of garages and assure the provision of warranty and maintenance services for each kind of car sold in the market;

2. Importers must have garages in at least provinces and cities in which they conduct car dealing activities;

3. Importers may outsource car warranty and maintenance services to car maintenance and repair establishments which satisfy set requirements.

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

Article 4. Minimum technical standards applicable to importers’ garages

Importers’ garages must satisfy the minimum technical standards specified in Appendix I to this Circular (not printed herein).

Article 5. Inspection and grant of standard conformity certificates to importers’ garages

1. The inspection and assessment of standard conformity shall be carried out at importers’ garages.

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

3. Importers’ garages which are authorized or granted a certificate of satisfaction of standards applicable to garages by car manufacturers shall be considered for exemption from conformity assessment.

Article 6. Procedures for grant of standard conformity certificates to importers’ garages

1. Dossier of registration for standard conformity certificates (below referred to as certificates)

To be granted a certificate, an importer (or a garage) shall make a registration dossier (dossier), comprising:

a/ A paper of registration for a certificate, made according to the form provided in Appendix II to this Circular (not printed herein);

b/ A copy of the business registration certificate stating the service of car maintenance and repair (in case the importer outsources the provision of car warranty services to a car maintenance and repair establishment);

c/ Letters of authorization, if any, for car warranty and maintenance or certificates of satisfaction of standards applicable to garages, issued by car manufacturers.

2. Sequence of standard conformity certification

a/ An importer (or garage) makes a dossier according to Clause 1, Article 6 of this Circular 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 reaches agreement on the inspection time, conducts conformity inspection and assessment at the garage and then grants a certificate. In case the assessment results are unsatisfactory, it shall notify such to the importer (or garage) for remedy;

c/ A certificate is handed over directly to the importer (or garage) at the office of the Vietnam Register or sent by post (as requested).

3. Processing time limit

A certificate shall be granted within 5 working days after a complete dossier is submitted according to regulations and the results of standard conformity assessment at the garage is satisfactory.

4. A certificate, made according to the form provided in Appendix III to this Circular (not printed herein) is valid for 3 years after the date of its signing. Re-grant of certificates upon their expiration complies with Clauses 1, 2 and 3 of this Article.

Article 7. Revocation of certificates

A certificate shall be invalidated and revoked when:

a/ The importer seriously violates regulations on car warranty and maintenance;

b/ The importer fails to designate assessed and certified garages to provide car warranty and maintenance services.

Article 8. Charges and fees

Management agencies may collect charges and fees according to current regulations.

Article 9. Effect

1. This Circular takes effect 45 days after its signing.

2. Implementation roadmap:

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

b/ For importers of other kinds of cars in complete units: From July 1, 2012.

Article 10. Organization of implementation

1. Vietnam Register shall receive dossiers, assess and grant certificates to importers nationwide.

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

Minister of Transport
HO NGHIA DUNG