Circular 46/2019/TT-BGTVT amending Circular 25/2019/TT-BGTVT

CIRCULAR

Amending and supplementing a number of articles of the Minister of Transport’s Circular No. 25/2019/TT-BGTVT of July 5, 2019, prescribing 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 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. 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 amending and supplementing a number of articles of the Minister of Transport’s Circular No. 25/2019/TT-BGTVT of July 5, 2019, prescribing technical safety and environmental protection quality inspection in automobile manufacture and assembly.

Article 1.To amend Article 21 of the Minister of Transport’s Circular No. 25/2019/TT-BGTVT of July 5, 2019, prescribing technical safety and environmental protection quality inspection in automobile manufacture and assembly, as follows

“Article 21. Transitional provisions

1. Product type quality certificates, automobile design appraisal certificates and results of assessment of product quality assurance must comply with the following regulations:

a/ Design appraisal certificates granted before August 25, 2019, may continue to be used to complete procedures for grant of product type quality certificates; designing establishments shall only make a dossier to add missing items compared to what provided in this Circular;

b/ Results of COP assessment for parts in the latest period from October 17, 2017, to before August 25, 2019, are considered initial assessment results;

c/ Results of COP assessment for automobile products conducted before August 25, 2019, remain valid for 12 months after satisfactory assessment for carrying out procedures for quality certification. In case COP assessment results are obtained after an enterprise is granted a certificate of eligibility for automobile manufacture and assembly by the Ministry of Industry and Trade under Decree No. 116, these results are considered initial assessment results;

d/ For part type quality certificates granted for the first time during the period from October 17, 2017, to before August 25, 2019, for types of parts on the basis of inspection or testing results under relevant technical regulations of Vietnam, if an enterprise wishes to continue manufacturing or importing for use such parts in the manufacture and assembly of automobiles, it shall make a dossier to add missing items under Clause 1, Article 7 of this Circular, submit it directly or by post or via the portal or in other forms to quality control agencies. Within 2 working days after receiving a complete dossier as prescribed, the quality control agency shall renew the certificate for the enterprise, or reply in writing, clearly stating the reason in case of refusal to renew the certificate. A renewed certificate is valid for 36 months from the date of grant of the initial certificate or until the date stated in the roadmap for application of newly issued or revised relevant national technical regulations, whichever comes first. Such a certificate may be used for completing procedures for inspecting, testing or certifying automobile types and manufacturing, assembling or importing automobiles. In case parts used to manufacture and assemble a certified vehicle type fail to comply with Clause 1, Article 6 of Decree 116, such parts are only subject to quality testing and certification under relevant national technical regulations of Vietnam;

dd/ For automobile type quality certificates granted for the first time during the period from October 17, 2017, to before August 25, 2019, if a manufacturing establishment wishes to continue manufacturing or assembling a type of automobile, it shall make a dossier to add missing items under Clause 2, Article 7 of this Circular, submit it directly or by post or via the portal or in other forms to the quality control agency. Within 2 working days after receiving a complete dossier as prescribed, the quality control agency shall renew the certificate for the enterprise, or reply in writing, clearly stating the reason in case of refusal to renew the certificate. A renewed certificate is valid for 36 months from the date of grant of the initial certificate.

2. Ex-workshop slips granted for automobiles before the effective date of this Circular and ex-workshop slips granted for automobiles under Clause 1 of this Article remain valid for handling related issues”.

Article 2.Effect and organization of implementation

1. This Circular takes effect on December 27, 2019.

2. The Chief of the Office, Chief of the Inspectorate, directors of the Departments, General Director of the Vietnam Register, heads of related agencies and organizations, and related individuals shall implement this Circular.-

For the Minister of Transport
Deputy Minister
LE DINH THO