Circular No. 59/2018/TT-BGTVT dated December 17, 2018 of the Ministry of Transport on guiding the energy labeling for domestically manufactured, assembled or imported motorcycles and motorbikes

THE MINISTRY OF TRANSPORT

Circular No. 59/2018/TT-BGTVT dated December 17, 2018 of the Ministry of Transport on guiding the energy labeling for domestically manufactured, assembled or imported motorcycles and motorbikes^[1]

Pursuant to 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, promulgating the list of appliances and equipment subject to energy labeling and application of minimum energy efficiency rates and implementation roadmap;

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

The Minister of Transport promulgates the Circular guiding the energy labeling for domestically manufactured, assembled or imported motorcycles and motorbikes.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

1. This Circular guides the energy labeling for brand-new motorcycles and motorbikes (below referred to as vehicles) that are domestically manufactured, assembled or imported.

2. This Circular does not apply to:

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

b/ Vehicles temporarily imported for re-export; vehicles in transit or border-gate transfer; vehicles of diplomatic missions and consulates;

c/ Vehicles imported not for trading purposes;

dd/ Vehicles imported under the Prime Minister’s specific regulations;

e/ Vehicles using fuels other than petrol, diesel oil, liquefied petroleum gas (LPG) and natural gas (NG).

Article 2.Subjects of application

This Circular applies to organizations engaged in the domestic manufacture, assembly or import of, and trading in, vehicles; and organizations engaged in the testing of fuel consumption rates and examination and supervision of energy labelling for vehicles.

Article 3.Interpretation of terms

In this Circular, the terms below are constructed as follows:

1.Energy label of a vehicle(below referred to as energy label) means a label used to provide information on type of used fuel and the vehicle’s fuel consumption rate.

2.Fuel consumption rate of vehicle type (fuel consumption rate)means the consumed fuel volume of the vehicle on a road distance in proportion to given testing conditions and cycle. Fuel consumption rate measuring unit is liter (l) per 100 kilometers (km) (for petrol, LPG and diesel oil) or cubic meter (m³) per 100 kilometers (km) (for NG).

3.Motorcycles and motorbikesare defined in Sections 1.3.1 and 1.3.2 of the national technical regulation - QCVN 14:2015/BGTVT on quality, technical safety and environmental protection of motorcycles and motorbikes promulgated by the Minister of Transport.

4.Types of vehiclesare defined in the following documents:

a/ Section 1.3.3 of the national technical regulation - QCVN 04:2009/BGTVT on emission of gaseous pollutants from brand-new motorcycles and motorbikes domestically manufactured, assembled or imported, issued by the Minister of Transport (below referred to as QCVN 04:2009/BGTVT);

b/ Section 1.3.2 of the national technical regulation - QCVN 77:2014/BGTVT on third level of gaseous pollutant emission for brand-new two-wheeled motorcycles domestically manufactured, assembled or imported, issued by the Minister of Transport (below referred to as QCVN 77:2014/BGTVT).

5.Quality management agencyis the Vietnam Register of the Ministry of Transport.

6.Manufacturer or assemblermeans an organization engaged in vehicle manufacture or assembly (below referred to as manufacturer) that is established and operates in accordance with law.

7.Importermeans an organization engaged in vehicle import.

8.Vehicle tradermeans an organization engaged in the sale and market distribution of vehicles.

9.Testing establishment or laboratory of vehicle fuel consumption rates(below collectively referred to as testing establishment) means an organization engaged in specialized testing satisfying the conditions prescribed in Article 5 of the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, prescribing the conditions on the provision of conformity assessment services, or accredited by accreditation organizations that have already concluded agreements on mutual accreditation, including the International Laboratory Accreditation Conference (ILAC) and the Asia-Pacific Laboratory Accreditation Cooperation (APLAC); and having testing machinery, equipment and tools suitable to the testing fields prescribed in QCVN 04:2009/BGTVT or QCVN 77:2014/BGTVT.

Chapter II

TESTING OF FUEL CONSUMPTION RATES

Article 4.Testing of fuel consumption rates

1. Testing results of fuel consumption rates shall be used as a basis for publicizing fuel consumption rates.

2. Testing of vehicles’ fuel consumption rates shall be carried out independently or in combination with the testing of emissions.

In case of combination with the testing of emissions, the value of fuel consumption rate shall be calculated  by the carbon balance method prescribed in Form No. 01 provided in the Appendix to this Circular.

3. Requirements on testing of fuel consumption rates

a/ Two-wheeled motorcycless must comply with the cycle of type-I emission testing method prescribed in QCVN 77:2014/BGTVT;

b/ Motorcycles other than two-wheelers and motorbikes must comply with the cycle of type-I emission testing method prescribed in QCVN 04:2009/BGTVT;

c/ In case a type of vehicle has a new structure or technology subjec to no regulations on testing under QCVN 77:2014/BGTVT and QCVN 04:2009/BGTVT, the fuel consumption rate shall be tested according to the corresponding standards and regulations of the United Nations Economic Commission for Europe (UNECE), the European Commission (EC) or the Eurasian Economic Commission (EEC).

Article 5.Contents of testing reports

1. Reports on testing results of fuel consumption rates (below referred to as testing reports) issued by testing establishments for vehicles registered for testing must have the contents prescribed in Form No. 02 provided in this Appendix to this Circular.

2. For vehicles that satisfy the conditions on accreditation of emission testing results prescribed in Section 3.6 of QCVN 77:2014/BGTVT or Section 3.7 of QCVN 04:2009/BGTVT, their fuel consumption results may be used.

Chapter III

PUBLICIZATION OF INFORMATION ON FUEL CONSUMPTION RATES AND ENERGY LABELING

Article 6.Publicization of information on fuel consumption rates

1. Manufacturers and importers shall publicize information on fuel consumption rates under regulations before carrying out the energy labeling.

2. Manufacturers and importers shall base themselves on testing reports mentioned in Article 5 of this Circular to publicize information on fuel consumption rates. The fuel consumption rates to be publicized must not be lower by 4% at most than the average measurement results stated in testing reports. Public notices of vehicles’ fuel consumption rates shall be made according to Form No. 03 provided in the Appendix to this Circular.

For imported vehicles of the same type with those having their fuel consumption rates publicized, importers may use the value of the publicized fuel consumption rates for registration without having to undergo fuel consumption rate testing.

3. The publicization of information on fuel consumption rate shall be carried out in the following forms:

a/ Sending a public notice of vehicles’ fuel consumption rates to a quality management agency for publicization on its website;

b/ Publicizing fuel consumption rates on websites of vehicle manufacturers, importers or traders (if any).

4. Publicized information must be maintained during the time vehicle manufacturers, importers and traders supply such types of vehicles on the market.

Article 7.Energy labeling

1. Manufacturers and importers shall print energy labels under the Ministry of Industry and Trade’s regulations.

2. After sending information to be publicized to quality management agencies, manufacturers or importers shall stick energy labels on vehicles on easy-to-spot positions before putting them for sale. Vehicle manufacturers, importers and traders shall keep energy labels stuck on vehicles until these vehicles are delivered to consumers.

Article 8.Re-publicization of information on fuel consumption rates and energy labeling

1. Manufacturers or importers shall re-publicize information on fuel consumption rates and energy labeling when:

a/ Applicable standards and regulations change;

b/ Types of vehicles with their publicized fuel consumption rates and energy labeling see changes which do not satisfy the conditions on accreditation of emission testing results prescribed in Section 3.6 of QCVN 77:2014/BGTVT or Section 3.7 of QCVN 04:2009/BGTVT;

c/ Fuel consumption rates are untruthfully publicized; or results of the examination and supervision carried out under Article 9 reflect real fuel consumption rates exceeding by 4% the manufacturers’ or importers’ publicized  rates.

2. Contents and forms of re-publicization of information on fuel consumption rates and energy labeling must comply with Articles 6 and 7 of this Circular.

Article 9.Examination and supervision of energy labeling

Quality management agencies shall examine and supervise the energy labeling as follows:

1. Annually, working out plans and examining the observance of Chapter III of this Circular on the publicization of information on fuel consumption rates and energy labeling by vehicle manufacturers, importers and traders.

2. Extraordinarily examining upon receiving reports or complaints about manufacturers’ or importers’ violations of regulations on energy labeling. In case of detecting clear signs of violating publicized fuel consumption rates, quality management agencies may require manufacturers or importers to re-test their fuel consumption rates.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 10.Responsibilities of quality management agencies

1. To publicize testing establishments capable of testing fuel consumption rates on their websites.

2. To receive and publicize on their websites information on vehicles’ fuel consumption rates in accordance with this Circular.

3. To coordinate with functional agencies in settling complaints and disputes and handling violations related to the publicization of information on fuel consumption rates and energy labeling.

4. To notify to competent state agencies for handling violations under regulations when detecting that vehicle manufacturers, importers or traders violate the regulations on energy labeling.

5. To summarize results of the examination of vehicle energy labeling and report them to the Ministry of Transport when so requested.

Article 11.Responsibilities of testing establishments

Testing establishments shall take responsibility for testing results and provide correct testing reports under this Circular.

Article 12.Responsibilities of vehicle manufacturers, importers and traders

1. To publicize information on fuel consumption rates and energy labeling for vehicles under this Circular before putting them for sale.

2. To assume take responsibility before law for the accuracy and truthfulness of their publicized fuel consumption rates.

3. Manufacturers and importers shall file documents on the publicization of fuel consumption rates, including: public notices of fuel consumption rates; and copies of testing reports on vehicles’ fuel consumption rates for at least 3 years after the manufacture or import of such vehicles is terminated.

4. Manufacturers and importers shall send periodical reports, made according to Form No. 04 provided in the Appendix to this Circular, to quality management agencies before January 15 every year.

Article 13.Effect

1. This Circular takes effect on January 1, 2020; vehicle manufacturers, assemblers or importers are encouraged to publicize information on fuel consumption rates and energy labeling before the effective date of this Circular.

2. In case documents, standards and technical regulations referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing documents prevail.

Article 14.Implementation responsibility

The Chief of the Office, Chief of the Inspectorate, directors, general director of the Vietnam Register, heads of agencies and units and related organizations and individuals shall implement this Circular.-

For the Minister of Transport
Deputy Minister
LE DINH THO

* The Appendix to this Circular is not translated.