Decision No. 57/2007/QD-BGTVT dated November 21, 2007 of the Ministry of Transport promulgating the regulation on inspection of quality, technical safety and environmental protection of imported motorcycles and mopeds and imported engines used for manufacture or assembly of motorcycles and mopeds

DECISION

PROMULGATING THE REGULATION ON INSPECTION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION OF IMPORTED MOTORCYCLES AND MOPEDS AND IMPORTED  ENGINES USED FOR MANUFACTURE OR ASSEMBLY OF MOTORCYCLES AND MOPEDS

THE MINISTER OF TRANSPORT

Pursuant to the June 29, 2001 Law on Road Traffic;

Pursuant to the Government's Decree No. 179/ 2004/ND-CP of October21, 2004, defining the state management of product and goods quality;

Pursuant to the Government's Decree No. 34/ 2003/ND-CPofApril4,2003, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the pn>posal of the Director of the Science and Technology Department and the Director of the Vietnam Register,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on inspection of quality, technical safety and environmental protection of imported motorcycles and mopeds and imported engines used for manufacture or assembly of motorcycles and mopeds.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO" and replaces the Transport Minister's Decision No. 1378/2003/QD-BGTVT of May 15,2003.

Article 3.- The Director of the Ministry's Office, the Chief Inspector of the Ministry's Inspectorate, directors of departments, the Director of the Vietnam National Road Administration, the Director of the Vietnam Register, heads of concerned agencies and organizations, and concerned individuals shall implement this Decision.

REGULATION

ON INSPECTION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION OF IMPORTED MOTORCYCLES AND MOPEDS AND IMPORTED ENGINES USED FOR MANUFACTURE OR ASSEMBLY OF MOTORCYCLES AND MOPEDS
(Promulgated together with the Transport Minister's Decision No. 57/2007/QD-BGTVT of November 21, 2007)

Chapter I

GENERAL PROVISIONS

Article I.- Scope of regulation and subjects of application

1. This Regulation provides for inspection of quality, technical safety and  environmental protection of imported motorcycles and mopeds in complete sets (below referred to as motorcycles) and imported engines in complete sets (below referred to as engines) used for manufacture or assembly of motorcycles and mopeds.

2. This Regulation applies to the quality inspection agency, testing establishments and establishments importing motorcycles and engines used for manufacture and assembly of motorcycles.

3. This Regulation does not apply to motorcycles and engines:

a/ of the army and police forces, which are used for defense or security purpose;

b/ which are imported for re-export.

 Article 2.- Interpretation of terms

1. The quality inspection agency: The Vietnam Registry under the Ministry of Transport is the state agency specialized in the inspection of quality, technical safety and environmental protection of motorcycles and mopeds (bellows referred to as the quality inspection agency) which takes responsibility for organizing and conducting the inspection of quality, technical safety and environmental protection of subjects stated in this Regulation.

Testing establishments are domestic and overseas testing units which have been assessed, accredited and permitted by the quality inspection agency to test inspection samples.

2. Importing establishments are Vietnamese or foreign organizations and individuals that import motorcycles or engines used for manufacture or assembly of motorcycles and mopeds.

Chapter II

ORDER AND CONTENTS OF INSPECTION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION

Article 3.- Inspection dossiers

Importing establishments shall each compile and send to the quality inspection agency a set of the inspection dossier, comprising:

1. For motorcycles:

a/ A written registration for quality inspection of imported motorcycles, stating their chassis numbers, engine numbers and manufacture years;

b/ A copy of the imported goods declaration;

c/ The manufacturer's documents on technical properties of the imported motorcycles, showing major parameters on dimension, weight, permissible number of passengers, maximum speed, transmission type, tire identifier and such major technical specifications of engines: maximum momentum, maximum output corresponding to engine speed, cylinder diameter, stroke of piston, cylinder capacity, type of fuel and type of clutch; and documents on exhaust gas in accordance with current regulations:

d/ The declaration on motorcycles' technical specifications and properties (in case documents on technical properties defined at Point c of this Clause do not show sufficient technical specifications as prescribed).

2. For engines:

a/ A written registration for quality inspection of imported engines, clearly stating their numbers and manufacture years;

b/ A copy of the import declaration;

c/ The manufacturer's documents showing a number of major technical specifications of the imported engine such as maximum momentum, maximum output corresponding to engine speed, stroke of piston, cylinder capacity, type of fuel, type of clutch, and transmission rate of gearbox;

d/ The declaration on engines' technical specifications and properties (in case the documents on technical properties defined at Point c of this Clause do not show all technical specifications as prescribed).

3. For motorcycles or engines of types already inspected and granted quality certificates by the quality inspection agency, technical documents defined at Point c, Clause I and Clause 2 of this Article are not required.

Article 4.- Inspection methods and contents

1. Inspection methods: Inspection shall be conducted by the method of testing samples of each imported goods lot of the same type. Testing samples are products taken at random by the quality inspection agency from one imported goods lot; the number of inspection samples depends on the quantity of goods in a goods lot and is specified as follows:

The number of inspection samples for each goods lot

2. Inspection contents: Imported motorcycles and engines shall be inspected in terms of quality and technical safety according to items specified in Appendix I to this Regulation and relevant standards and technical regulations as prescribed.

3. The testing of inspection samples is conducted at testing establishments.

4. Alter the testing is completed, inspection samples shall be returned to importing establishments.

Article 5.- Exemption from testing of inspection samples

1. Testing of inspection samples is exempt in the following cases:

a/ Motorcycles and engines have been granted quality certificates in accordance with current regulations and imported by a single importing establishment.

b/ Motorcycles have been granted certificates in accordance with European ECE or EC regulations on technical safety and environmental protection of motorcycles and mopeds by foreign competent agencies in accordance with current regulations.

2. When the imported goods lots defined in Clause 1 of this Article show signs of non-conformity with quality standards, the quality inspection agency shall apply the method of testing samples defined in Article 4.

Article 6..- Handling of inspection results

1. Within five working days after the importing establishment submits a valid and complete inspection registration dossier and the testing results as prescribed, the quality inspection agency shall, on that basis, consider, assess and notify the inspection results to the importing establishment.

2. The quality inspection agency shall grant a certificate of quality conformity for imported motorcycles, made according to a form enclosed with this Regulation (not printed herein), to imported motorcycles which satisfy quality requirements after inspection.

3. The quality inspection agency shall grant a certificate of quality conformity for imported engines, made according to a form enclosed with this Regulation (not printed herein), to each lot of engines already registered for inspection which satisfy quality requirements, after inspection.

4. For motorcycles and engines not conformable with current standards and technical regulations, the quality inspection agency shall notify the non­conformity to the importing establishments for remedy. The repair of the whole goods lot must be carried out within 30 days as from the date of receiving the notice. Past this time limit, if the goods lot has not yet been repaired, the quality inspection agency shall issue a notice on the non-conformity with quality standards of imported motorcycles or engines, made according to the forms in Appendices Ilia and III b to this Regulation.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 7.- Responsibilities of importing establishments

1. To take responsibility for the accuracy and truthfulness of dossiers and documents supplied to the quality inspection agency;

2. To produce motorcycles and engines in their original state to the quality inspection agency for inspection;

3. To abide by the Transport Minister's Decision on the state inspection of imported motorcycle and engine quality;

4. To pay charges and fees for inspection, testing and grant of quality conformity certificates in accordance with current regulations.

Article 8.- Responsibilities of the quality inspection agency

1. To guide importing establishments in ensuring requirements on quality, technical safety and environmental protection of imported motorcycles and engines;

2. To issue and manage certificates;

3. To inspect and test motorcycles and engines in accordance with current standards and technical regulations;

4. To guide the process of inspection of quality, technical safety and environmental protection in accordance with this Regulation;

5. To collect charges related to the inspection and grant of certificate in accordance with current regulations;

6. To preserve inspection dossiers for three years from the date of grant of certificates;

7. Biannually and annually, to report to the Ministry of Transport on the results of inspection of imported motorcycle and engine quality.

Article 9.- Quality conformity certificates already granted

Quality conformity certificates already granted under Decision No. 1378/2003/QD-BGTVT may be used until they expire.

Article 10.- Examination, inspection, and handling of violations

The examination, inspection, and handling of violations of this Regulation shall be conducted in accordance with law.

APPENDIX I

INSPECTION ITEMS APPLICABLE TO IMPORTED MOTORCYCLES AND MOPEDS AND IMPORTED MOTORCYCLES' AND MOPEDS' ENGINES