Decision No. 1378/2003/QD-BGTVT dated May 15, 2003 of the Ministry of Transport promulgating the provisional Regulation on quality inspection of imported motorcycles and mopeds as well as imported engines used for the manufacture and/or assembly thereof

DECISION

PROMULGATING THE PROVISIONAL REGULATION ON QUALITY INSPECTION OF IMPORTED MOTORCYCLES AND MOPEDS AS WELL AS IMPORTED ENGINES USED FOR THE MANUFACTURE AND/OR ASSEMBLY THEREOF

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

Pursuant to Article 48 and Article 50 of the June 29, 2001 Law on Land-Road Traffic;

Pursuant to the Government’s Decree No. 22/CP of March 22, 1994 on the tasks, powers, State management responsibility and organizational structure of the Ministry of Communications and Transport;

Pursuant to Item 3, Article 3 and Item 4, Article 4 of the Government’s Decree No. 86/CP of December 8, 1995 assigning the responsibility for the State management over goods quality;

Pursuant to Circular No. 1192/KCM-GTVT of June 12, 1996 guiding the implementation of the Government’s Decree No. 86/CP of December 8, 1995 assigning the responsibility for the State management over goods quality;

At the proposals of the Director of the Science and Technology Department, the Director of the Legal-Transport Department and the Director of Vietnam Registry,

DECIDES:

Article 1.- To issue together with this Decision the provisional Regulation on quality inspection of imported motorcycles and mopeds as well as imported engines used for the manufacture and/or assembly thereof.

Article 2.- This Decision takes effect 15 days after its publication in the Official Gazette.

Article 3.- The director of the Ministry’s Office, the director of the Science and Technology Department, the director of the Legal-Transport Department, the director of Vietnam Road Administration, the director of Vietnam Registry, the directors of the provincial/municipal Communications and Transport Services and Communications and Public Work Services, and the heads of the concerned units shall have to implement this Decision.

PROVISIONAL REGULATION

ON QUALITY INSPECTION OF IMPORTED MOTORCYCLES AND MOPEDS AS WELL AS IMPORTED ENGINES USED FOR THE MANUFACTURE AND/OR ASSEMBLY THEREOF
(Issued together with Decision No. 1378/2003/QD-BGTVT of May 15, 2003 of the Minister of Communications and Transport)

1. GENERAL PROVISIONS

1.1. This document prescribes contents ad procedures for the quality inspection of imported motorcycles and mopeds (hereinafter called vehicles for short) and engines imported in complete sets for the manufacture and/or assembly thereof (hereinafter called engines for short), which have not yet been given the quality certificates recognized by Vietnam.

1.2. This document shall apply to organizations and individuals engaged in production, business and service activities, including foreign organizations and individuals operating in Vietnam, that import vehicles and engines for the manufacture and/or assembly of motorcycles and mopeds (hereinafter called the importing organizations and individuals for short).

1.3. This documents shall not apply to vehicles and engines:

- Imported for military use by the Defense Ministry or for the maintenance of security and social order and safety by the Public Security Ministry.

- Temporarily imported for re-export.

1.4. The quality inspection of imported vehicles and engines shall be carried out by Vietnam Registry, which is the quality inspection agency (the QIA) under the Ministry of Communications and Transport.

2. DOSSIERS OF INSPECTION

2.1. Dossier of registration for vehicle inspection

a) The written registration for quality inspection of imported vehicles, clearly inscribing the frame numbers, engine numbers and manufacture years.

b) The declarations on the vehicles’ technical parameters and specifications.

c) The codes of frame numbers and engine numbers.

d) The copies of import documents.

e) The documents on technical specifications of the imported vehicles, which show a number of principal parameters such as: parameters of kerb weight; seating capacity, maximum speed and basic technical parameters of engines like maximum moment, maximum output/rpm, cylinder diameter, bore and stroke, cylinder capacity, fuel type, clutch type and transmission ratio of gear box.

2.2 Dossier of registration for engine inspection

a) The written registration for quality inspection of imported engines, clearly inscribing the engine numbers and manufacture years.

b) The codes of engine numbers.

c) The copies of import documents.

d) The documents on technical specifications of the imported engines, which show a number of principal parameters such as: maximum moment, maximum output/rpm, cylinder diameters, bore and stroke, cylinder capacity, fuel type, clutch type and transmission ratio of gear box.

3. INSPECTION OF IMPORTED VEHICLES AND ENGINES

3.1. The quality and technical safety of imported vehicles and engines shall be evaluated according to items prescribed in Appendix 1 and corresponding criteria in the Regulation issued together with Decision No. 2557/2002/QD-BGTVT of August 16, 2002 of the Minister of Communications and Transport prescribing the inspection of quality, technical safety and environmental protection in the manufacture and assembly of assorted motorcycles and mopeds.

3.2. The inspection shall be carried out by the method of inspecting samples of each import goods lot of the same types. The sampling methods and the number of to-be-inspected samples depend on the quantity of goods in each lot and are prescribed at Table 1.

Table 1: The number of to-be-inspected samples for each specific lot is shown below:

The to-be-inspected samples are products which are taken out at random from an import lot by the QIA and sent by enterprises to the designated testing establishments for testing.

3.3. Inspection of imported vehicles

For vehicles imported in lots, the QIA shall take samples and carry out the inspection according to contents and methods stated in Items 3.1 and 3.2 above. Pending the inspection results of the lots’ samples, the importing organizations or individuals shall have to preserve the original conditions of the remaining vehicles according to the customs offices’ regulations.

After granting the certificates of quality conformity for importation, the QIA shall return the inspected samples to the importing enterprises.

In cases where the importing organizations or individuals wish to continue importing vehicles or engines of the same types, they may request the extension of sample-keeping duration. The QIA shall use the inspection results of the tested samples to make comparison with the lots of vehicles of the same types upon the next importation.

3.4. Inspection of imported engines:

The inspection of quality and technical safety of engines imported in complete units shall be carried out by the same methods as those for complete vehicles in Item 3.3 above.

3.5. The importing organizations and individuals shall have to pay all charges and fees for the inspection, testing and granting of quality certificates according to the State’s current regulations.

4. HANDLING OF INSPECTION RESULTS

4.1. Within 05 days as from the date the enterprises submit complete and valid dossiers and testing results as prescribed, the QIA shall base itself on the inspection-registration dossiers and the testing results to consider, evaluate and notify the importing organizations or individuals of the inspection results.

4.2. For vehicles with the inspection results meeting the quality requirements, the QIA shall grant the certificate of imported vehicles’ conformity with quality requirements to each vehicle of the import lots.

4.3. For engines with the inspection results meeting the quality requirements, the QIA shall grant the certificate of imported engines to each lot of engines already registered for inspection.

4.4. For vehicles or lots of engines which fail to meet the requirements, the QIA shall issue notices on the vehicles’ or engines’ non-conformity with quality requirements for importation to the importing organizations or individuals for working out handling measures according to current regulations.

5. ORGANIZATION OF IMPLEMENTATION

5.1. The QIA shall have to strictly comply with the provisions of this Regulation and be accountable for their inspection results; and at the same time have to recommend and guide vehicle- and/or engine-importing organizations and individuals to abide by the requirements on the quality and technical safety of assorted imported means so as to avoid economic losses which may occur.

5.2. The dossiers of quality inspection shall be archived at the QIA for three years.

5.3. To assign Vietnam Registry to uniformly distribute and manage certificates of quality conformity for importation and notices on vehicles’ or engines’ non-conformity with quality requirements for importation prescribed in Item 4 above.

5.4. Once every three months, Vietnam Registry shall sum up and report on the results of quality inspection of imported vehicles and engines to the Ministry of Communications and Transport (via the Science and Technology Department).