Circular No. 55/2014/TT-BGTVT dated October 20, 2014 of the Ministry of Transport amending Circular No. 31/2011/TT-BGTVT stipulating the inspection of technical safety, quality and environmental protection for imported motor vehicles

THE MINISTRY OF TRANSPORT

Circular No. 55/2014/TT-BGTVT dated October 20, 2014 of the Ministry of Transportamending Circular No. 31/2011/TT-BGTVT stipulating the inspection of technical safety, quality and environmental protection for imported motor vehicles

Pursuant to the Law on road traffic dated November 13, 2008;

Pursuant to the Law on product and goods quality dated November 21, 2007;

Pursuant to the Government’s Decree No.132/2008/ND-CP dated December 31, 2008 stipulating in detail the enforcement of some articles of the Law on product and goods quality;

Pursuant to the Government’s Decree No.187/2013/ND-CP dated November 20, 2013 stipulating in detail the enforcement of the Commercial Law on the international goods trading and activities of buying, purchasing, processing and transit of goods with foreign partners (hereinafter referred to as the Decree No. 187/2013/ND-CP);

Pursuant to the Decree No. 107/2012/ND-CP dated December 20, 2012 by the Government defining functions, duties, authorities and organizational structures of the Ministry of Transport;

At the proposal by Head of the Service of Science and Technology and Head of Vietnam Register,

The Minister of Transport has promulgated the Circular amending, supplementing some articles of the Circular No. 31/2011/Circular-BGTVT dated April 15, 2011 by the Minister of Transport stipulating the inspection of technical safety, quality and environmental protection  for imported motor vehicles (hereinafter referred to as the Circular No. 31/2011/TT-BGTVT).

Article 1. To amend and supplement some articles of the Circular No. 31/2011/TT-BGTVT

1. To amend Clause 2, Article 3 as follows:

“2. Motor vehicles of the same type are those of the same right-holder of industrial property (also known as manufacturers), brand, trademark, design, model code, type approval number, fundamental technical specifications and manufacturing country.

2. To amend Article 6 as follows:

“Article 6. Inspection registration documents

1. Original copy of the inspection registration form in which frame number, engine number and production year of the motor vehicle must be specified according to the Addendum I issued and enclosed herewith.

2. Copy of the import documents bearing confirmation from importers includes: commercial invoice or equivalent papers; Customs Declaration for imported goods.

3. Copy of product specification documents given confirmation by importers in which the regulations in Section 2 of the Addendum II issued and enclosed herewith are shown. In case such materials are not available, the registration form of technical specifications for imported motor vehicles filled out by importers can function as a substitute according to the form stipulated in the Addendum II issued and enclosed herewith.

4. For brand new motor vehicles, in addition to the materials as stipulated in the Clauses 1, 2 and 3 of this Article, the importers must provide additional documents as follows:

a) Original copy of the finished product inspection note issued to each motor vehicle by the manufacturer in which the frame number, engine number are specified, or original copy of the Certificate of Quality issued to the imported motor vehicle by the manufacturer. These materials are applied to the motor vehicles subject to the inspection performed by the method of type approval as stipulated in Clause 1, Article 7 hereof;

b) Copy of one of the following motor vehicle’s emission materials given confirmation by importers: Test report of emission issued to the type of motor vehicle or motor engine (in case of heavy automobile) by a foreign competent agency, organization in which test results from the tests as stipulated in corresponding national technical regulations are specified; The Certificate issued by a foreign competent agency along with a corresponding test report serving as the confirmation that the type of motor vehicle or engine (in case of heavy automobile) has conformed with requirements of the emission standards in accordance with the applicable regulations, or any higher requirements if it is intended for each vehicle type and tests stipulated in corresponding national technical regulations.

c) Requirements of emission materials as stipulated in Point b of this Paragraph are not applied to motor vehicles that are not involved in public traffic, operating mainly in mining areas, ports, airports, warehouse yards, factories, tourism and entertainment areas; Motor vehicles imported by the Government, Prime Minister; motor vehicles imported as non-refundable aids or gifts to state bodies, organizations; motor vehicles imported by persons on whom privileges and immunities are conferred in Vietnam; Used motor vehicles; motor vehicles granted the type approval by the EU; motor vehicles with registered type and model permitted to operate in the G7’s member States.”

5. As regards used people-carriers below 16 seats, in addition to the materials as stipulated in Paragraphs 1, 2 and 3 of this Article, importers must add a copy of one of the following papers given confirmation by importers.

a) Certificate of Registration or equivalent papers;

b) Certificate of Circulation;

c) The Waiver of the Certificate of Registration or the Certificate of Circulation issued to the vehicle by a competent agency of the country where the vehicle is registered for circulation.

d) In case motor vehicle ownership has been changed a number of times before the vehicle is imported to Vietnam and the Certificate of Registration itself shows a lack of foundations to determine the vehicle registration time, importers must supplement legal evidence showing previous registrations by agencies or organizations specializing in management of vehicles in the exporting countries.

6. For imported motor vehicles which have the same type as that of the vehicles being inspected and certified the Certificate of Conformity with technical safety, quality and environmental protection standards for imported motor vehicles (hereinafter referred to as the Certificate of Quality), the materials of product specifications as stipulated in Paragraph 3 and the materials of emission as stipulated in Point b, Paragraph 4 of this Article are not required.

7. Such materials as the Customs Declaration for imported goods, the Registration of technical specifications of imported motor vehicles, and materials of emission may be submitted by the importers before the inspection of the vehicles is carried out.”

3. To amend Article 7 as follows:

“Article 7. Inspecting brand new motor vehicles

Brand new vehicles (including chassis) are inspected under the following regulations:

1. Type approval inspection

a) This method of inspection is applied to brand new motor vehicles which are manufactured before the time of importing no later than 03 years, having sufficient dossiers as stipulated in Article 6 of this Circular and meeting one of the following conditions: Motor vehicle are inspected according to the Agreement or Convention for standards and conformity; Motor vehicles are manufactured at a foreign manufacturing company and assessed for quality assurance by the Inspection agency at the production facility (Conformity of Production, hereinafter referred to as COP) in accordance with the regulations in Paragraph 4, Article 9 hereof and have the same type as those issued the Certificate of Quality by the Inspection agency.

b) Inspection tasks: The conformance of vehicle types as shown in the registration dossier with the certified types; Frame number, engine number of each imported vehicle of the same type as those shown in the inspection registration dossier.

2. Sample vehicle testing

a) This testing method is applied to brand new vehicles classified as Motor vehicle types that are not certified by a foreign competent agency and are not inspected and granted the Certificate of Quality by the Inspection agency; Motor vehicle types that are certified by a foreign competent agency but are yet to undergo the assessment of COP at a foreign production facility or the inspection and testing of sample vehicles by the Inspection agency.

b) Testing tasks: One sample vehicle being taken by random among those of each vehicle type listed in the inspection registration dossier and brought for the testing of all items (or some necessary additional items for imported motor vehicles being manufactured and assembled from the vehicles granted the Certificate of quality by the Inspection agency) under applicable regulations and respective national standards, technical regulations on technical safety and environmental protection quality for motor vehicles, except the testing of spare-parts on the list being subject to the testing; Inspection and checking of actual sample vehicles against the Test report of emission through the inspection of structures in connection with emission of actual vehicle or through search programs used by the manufacturer for searching, identifying accessories, components of the imported vehicle; inspecting conditions of frame, engine number of each imported vehicle of the same type as the sample one.

3. Method of probability

a) This method of inspection is applied to brand new motor vehicles classified as one of the followings : Motor vehicle of which types are certified by a foreign competent agency, have undergone the assessment of COP at a foreign production facility by the Inspection agency but are yet to be granted the Certificate of Quality; Motor vehicles which types are the same as those previously granted the Certificate of Quality by the Inspection agency but are yet to undergo the assessment of COP at a foreign production facility; Motor vehicles of which size and curb weight may deviate from the types being granted the first Certificate of Quality by the Inspection agency but are not permitted to exceed the permissible deviation according to the regulations in National Technical Regulations QCVN 12 : 2011/BGTVT “National technical regulations on permissible deviation and figure rounding for size and vehicle mass” due to some change in trim level, body kit, body size and volume.

b) Inspection tasks: One sample vehicle being picked up by random among each vehicle type being listed in the inspection registration dossier and brought for the inspection of general items, engines, brakes, suspension, steering system, electric equipment, lights and signals according to the regulations in Article 8 hereof; Inspection and checking of actual sample vehicles against the Test report of emission by the inspection of structures in connection with emission of actual vehicle or through search programs used by the manufacturer for searching, identifying accessories, components of the imported vehicle; inspecting status of frame, engine number of each imported vehicle of the same type as the sample vehicle.

4. Inspection of individual vehicles

a) This method is applied to motor vehicles that are not defined in the list regulated in Paragraphs 1, 2 and 3 of this Article; Motor vehicles that have the same type as those granted the Certificate of Quality but are manufactured more than three years before the importation date; Motor vehicles that have the same type as those subject to inspection according to the methods as stipulated in Paragraphs 1, 2 and 3 of this Article but are damaged during transport or its frame number, engine numbers being erased, modified or re-stamped; Imported motor vehicles for the subjects enjoying privileges and immunities in Vietnam; Motor vehicles imported as non-refundable aids or gifts to state bodies, organizations; Motor vehicles imported by the Government, Prime Minister; Motor vehicles not involved in road traffic circulation but operating mainly in mining areas, ports, airports, warehousing yards, factories, tourism and entertainment areas; Motor vehicles imported for product exhibitions and fairs; Motor vehicles imported used as a model to serve the training and educating purposes.

b) Inspection tasks: Inspection of general items, engines, brakes, suspensions, steering, electric equipment, lights and signals according to Article 8 hereof; Data collation of actual sample vehicles with the Test report of emission supported by the inspection of structures in connection with emission of actual vehicle, or search programs used by the manufacturer for searching, identifying accessories, components of the imported vehicle.

5. Vehicle emission test (except test of evaporation)

a) This method of inspection is applied to motor vehicles having no document of emission as stipulated in Point b, Paragraph 4, Article 6 hereof; Motor vehicle having documents of emission but the documents fail to show the relevance of tested items, testing method and test results to the requirements stated in National technical regulations QCVN 05: 2009/BGTVT" National technical regulation on emission of gaseous pollutants from assembly-manufactured automobiles and new imported vehicle emission”;

b) Testing tasks: inspection and testing of one sample randomly picked up from each vehicle type according to the regulations stated in National technical regulations QCVN 05: 2009/BGTVT" National technical regulations on emission from automobiles manufactured, assembled and imported as brand new ones”. The inspection and testing of emission (except test of evaporation) shall be carried out in the Center for motor vehicle emission testing under the Vietnam Register or in testing facilities meeting testing of emission under applicable national standards, technical regulations.”

4. To amend Point a, Paragraph 1, Point a, Paragraph 4 and Point b, Paragraph 4, Article 8 as follows:

a) To amend Point a, Paragraph 1, Article 8 as follows:

“a) Imported motor vehicles must bear engine numbers (except trailers, semi-trailers), frame numbers or VINs (if any) which are not erased, modified and re-stamped.”

b) To amend Point a, Paragraph 4, Article 8 as follows:

“a) Types must be compatible or equivalent in capacity. Engine capacity for one (01) ton of the automobile’s permissible gross vehicle mass must reach from 7.35kw and over (this requirement is not applied to any specialized, electric vehicle and vehicle having permissible gross vehicle mass  from 30 tons and over). In case motor vehicles with engine capacity for one ton of gross vehicle mass fail to meet the requirement, the Inspection agency shall adjust permissible laden mass and gross vehicle mass to conform to the regulation.”

a) To amend Point a, Paragraph 7, Article 8 as follows:

“b) Steering wheel: positioned on the left (except right-hand drive motor vehicles that operate mainly in a limited range and are not involved in road traffic including: cranes, street sweepers, sprinkler trucks; garbage and domestic waste trucks; road building vehicles; shuttle buses; concrete bumping vehicles), type compatibility, showing no crack and break; steering wheel clearance meeting the requirement that movement of a point on the steering wheel is not permitted to exceed a fifth of its diameter.”

5. To supplement Point d, Paragraph 1, Article 9 as follows:

“d) In case motor vehicles are defined as one of the followings : used non-cabin chassis (including new chassis with a built-in used engine or used chassis with a built-in new engine); Used ambulances; other automobiles used for more than five years, calculated from production year to importing year; other automobiles used and functionally transformed compared to previous design; automobiles with frame numbers, engine numbers and VINs (if any) being erased, modified and re-stamped; in case of left-hand drive motor vehicles with steering wheel being not positioned on the left, the Inspection agency shall withhold procedures for inspection and certification of conformity to regulations on technical safety, quality and environmental protection and establish a written record of violations under the Decree No. 187/2013/ND-CP according to the form stipulated in the Addendum VI issued and enclosed herewith.

6. To amend Paragraph 2, Article 9 as follows:

“2. The Certificate of Quality or Notice of exemption from Inspection for imported motor vehicles (original or electronic copy) shall be used to process procedures for initial technical safety inspection, vehicle registration, and customs procedures if required by competent authorities”.

7. To amend Points c and g, Article 9 as follows:

a) To amend Point c, Paragraph 3, Article 9 as follows:

“ c) For special motor vehicles which size and mass are greater than the accepted standard set out in the regulation, import inspection shall be carried out but the Certificate of Quality must note down the statement “this vehicle is only permitted to operate in a limited range and must get approval from the competent road management agency when participating in road traffic”. For imported motor vehicles that are not involved in public traffic or special vehicles of right-hand drive steering wheel that operate in a limited range and is accepted for import as stipulated in Section 6, Part II, Addendum I issued together with the Decree No.187/2013/ND-CP shall be inspected for import but the Certificate of Quality must note down the statement “This vehicle is not permitted to participate in road traffic.”

b) To amend Point g, Paragraph 3, Article 9 as follows:

“g) For vehicles with multiple frame numbers, engine numbers being not erased, modified and re-stamped, the Inspection agency shall keep a detailed record on the current status of frame numbers or engine numbers in the vehicle’s certificate of quality. When there is some doubt about frame numbers or engine numbers, the Inspection agency shall have them assessed by the professional appraising center for handling.”

8. To supplement Points I and k, Paragraph 3, Article 9 as follows:

“i) For brand new vehicles subject to the inspection to be carried out according to the method of sample vehicle testing or the method of individual vehicle testing, and in case the following items fail to meet the requirements, importers shall be permitted to make possible corrections in order for the re-inspection by the Inspection agency : direction of exhaust pipe; bumper; semi-trailer support-leg; installation of tail lamps (except people-carriers); height of seat cushion; quantity of emergency hammers and instructions; size and volume of vehicle body.

k) Handling cases arising from the inspection and checking of structures in connection with vehicle emission such as: Imported vehicles or engines attached with emission materials granted by a foreign competent agency but the emission related structures of the actual vehicle can not be inspected, the Inspection agency shall take out a sample of emission for testing;For imported vehicles or engines attached with Test report of emission issued by domestic emission testing entitybut the emission related structures of the actual vehicle can not be inspected, it is considered that the Certificate of Quality shall be issued to the vehicles of the same type and tests as sample vehicles specified in the Test report of emission. For subsequent imported vehicles, the emission related structures can not be still inspected, the Inspection agency shall decide to take a sample of emission for each individual testing; For imported vehicles of the same type and identity information of emission (Example: the same test group for vehicles imported from the US, the same certification of type for vehicles imported from European Community) or the same type and model code (in case of light vehicles) or engine code (in case of heavy vehicles) for the vehicles being domestically tested of emission or being inspected and checked on emission related structures, the emission related structures shall be exempt from inspection and checking.

9. To supplement Paragraph 4, Article 9 as follows:

“4. Assessment of COP at a foreign production facility is carried out for brand new motor vehicles in accordance with the method and assessment as follows:

a) Initial assessment is done in accordance with the Standard ISO/TS 16949 “Particular requirements for quality management systems of automotive production and relevant service part organizations”. Initial assessment includes: examination and assessment of production and assembling technological process, product quality control process; regulations on quality document storage and control; examination and assessment of human forces serving the purpose of production, assembly and control of product quality; facilities used for finished product quality control; Examination and assessment of operation of the quality control system during the production and assembly of products, inspection of finished product quality and launch of products into the market. Assessment of COP is exempt in the following cases: Actual product types being manufactured under similar technological and inspection process or showing no fundamental changes versus technological and inspection process of the product types previously assessed of COP; Importers that provide materials showing results of COP assessment (still effective) in conformity with the regulations of ECE, EC at a foreign production carried out by a foreign competent agency or an independent organization which is certified by a foreign competent agency.

b) Unexpected assessment shall be carried out when there are complaints about product quality or the Inspection agency has the evidence that imported vehicles fail to meet the regulations on technical safety and environmental protection.”

10. To amend Point b, Paragraph 10 as follows:

“b) After receiving the registration dossier, the Inspection agency shall consider and check the dossier against applicable regulations and handle it as follows: If the registration dossier proves ineligible, the Inspection agency shall inspect and instruct importers to supplement and complete it right away in the day. If the registration dossier proves eligible under the regulations of Article 6 hereof, the Inspection agency shall give confirmation on the inspection registration form.

11. To amend Paragraph 1 and 2, Article 12 as follows:

“1. Being responsible for honesty and accuracy of the dossiers provided to the Inspection agency; transferring test sample to the Testing center as required by the Inspection agency; Coordinating with the Inspection agency during the inspection of technical safety and environmental protection quality or carrying out the assessment of COP at a foreign manufacturing company.”

2. Preserving the status quo of vehicles to support the inspection of the Inspection agency; Ensuring that the up-coming imported vehicles have the same type as the previously-certified typical sample, meet national technical regulations, and conform to the registration dossier.”

12. To amend Paragraph 3, Article 13 as follows:

“3. Providing the professional guidance on the inspection of technical safety, quality and environmental protection for imported motor vehicles and using technical measures to determine the vehicle condition during the inspection.”

13. To amend and supplement some addenda of the Circular No.31/2011/TT-BGTVT as follows:

a) Replacing addenda I, II, III, IV and V of the Circular No. 31/2011/TT-BGTVT with corresponding addenda I, II, III, IV and V issued and enclosed herewith.

b) Adding Addendum VI to the Circular No. 31/2011/TT-THE MINISTRY OF TRANSPORT corresponding to the Addendum VI issued and enclosed herewith.

Article 2. Transitional clauses

1. Certificate of Quality issued according to the regulation of the Circular No. 31/2011/TT-BGTVT for imported vehicles showing date of arrival at Vietnamese border gate or port before December 31, 2014 shall remain valid for the purpose of settling procedures for the first technical safety assessment, vehicle registration and customs procedures if required by the competent agency.

2. Assessment of COP at a foreign manufacturing company under Paragraph 4, Article 9 hereof shall be carried out according to the schedule below:

a) From July 01, 2015 for vehicle types which are yet to obtain the Certificate of Quality from the Inspection agency.

b) From January 01, 2016 for vehicle types which have obtained the Certificate of Quality from the Inspection agency.

Article 3. Implementation effect and organization

1. This Circular takes effect on December 15, 2014.

2. Chief of the Ministry Office, Chief of Ministry Inspectorate, director generals of Vietnam Register, heads of relevant agencies, organizations and individuals are responsible for enforcing this Circular./.

The Minister of Transport

Dinh La Thang

* All appendices are not translated herein.