Circular 48/2022/TT-BGTVT energy labeling for cars, motorcycles and mopeds powered by electric or hybrid electric engines

CIRCULAR

Guiding energy labeling for cars, motorcycles and mopeds powered by electric or hybrid electric engines^[1]

Pursuant to the 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, and providing measures for implementation of, the Law on Economical and Efficient Use of Energy;

Pursuant to the Prime Minister’s Decision No. 04/2017/QD-TTg of March 9, 2017, providing the List of vehicles and equipment subject to energy labeling and minimum energy performance standards and the implementation roadmap;

Pursuant to the Government’s Decree No. 56/2022/ND-CP of August 24, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the request of the Director of the Department of Science-Technology and Environment and the Director of the Vietnam Register;

The Minister of Transport promulgates the Circular guiding energy labeling for cars, motorcycles and mopeds powered by electric or hybrid electric engines.

Chapter I

GENERAL GUIDANCE

Article 1. Scope of regulation

1. This Circular guides energy labeling for passenger cars of 9 seats or less, including the driver’s (below referred to as cars), motorcycles and mopeds that are powered by electric or hybrid electric engines, including: hybrid electric cars, pure electric cars, hybrid electric motorcycles, pure electric motorcycles and pure electric mopeds (below collectively referred to as vehicles) that are manufactured or assembled from brand-new knocked-down parts, or imported and unused.

2. This Circular does not apply to:

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

b/ Vehicles temporarily imported for re-export; vehicles in transit and border-gate transfer; diplomatic and consular vehicles;

c/ Vehicles with structures and technologies that currently cannot be tested domestically;

d/ Vehicles imported not for trading purposes;

dd/ Vehicles imported under separate regulations of the Prime Minister;

e/ Vehicles powered only by internal combustion engines that  are powered by gasoline, diesel, liquefied petroleum gas (LPG), natural gas (NG/biomethane and H2NG), or hydrogen fuel.

Article 2. Subjects of application

This Circular applies to establishments that manufacture and/or assemble vehicles, organizations and individuals that import vehicles, and agencies, organizations and individuals that are related to energy labeling for vehicles.

Article 3. Interpretation of terms

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

1. Electric powertrain means a system consisting of: one or more than one electrical energy storage device (accumulator, battery, electromechanical flywheel or super-capacitor); one or more than one voltage stabilizer; and one or more than one electrical device that is used to convert stored electrical energy into mechanical energy to be transmitted to wheels to generate motive power to move the vehicle.

2. Hybrid electric powertrain means a powertrain that consumes energy from both energy sources stored on the vehicle as follows:

a/ Fuel;

b/ Electrical energy storage device.

3. Pure electric vehicle (PEV) means a vehicle that is driven by an electric powertrain.

4. Hybrid electric vehicle (HEV) means a vehicle that is driven by a hybrid electric powertrain (HEVs include also vehicles that use fuel only to recharge the electrical energy storage device).

5. Off-vehicle charging hybrid electric vehicle (OVC-HEV) means a hybrid electric vehicle that can be charged from an external power source.

6. Not off-vehicle charging hybrid electric vehicle (NOVC-HEV) means a hybrid electric vehicle that cannot be charged from an external power source.

7. Maximum 30 minutes power is defined at Point 2.5, Article 2 of Vietnam’s Standard TCVN 9725:2013 on Road vehicles - Measurement of the net power of internal combustion engines and the maximum 30 minutes power of electric drive trains - Requirements and test method in type approval.

8. Maximum 30 minutes speed means the average value of the maximum speed, indicated by the manufacturer, which the vehicle can maintain for 30 minutes.

9. Vehicle energy label (below referred to as energy label) means a label that provides information relating to the type of energy used and energy consumption and other related information of the vehicle type, specifically as follows:

a/ Electricity consumption, for pure electric cars, pure electric motorcycles and pure electric mopeds;

b/ Type of fuel used, fuel consumption and electricity consumption, for not off-vehicle charging hybrid electric cars;

c/ Type of fuel used and fuel consumption, for not off-vehicle charging hybrid electric motorcycles.

10. Vehicle energy consumption

a/ For pure electric cars, pure electric motorcycles and pure electric mopeds: amount of electricity consumed by the vehicle over a distance, corresponding to the specified test conditions and cycles;

b/ For off-vehicle charging hybrid electric cars and off-vehicle charging hybrid electric motorcycles: amount of fuel and electricity consumed by the vehicle over a distance, corresponding to the specified test conditions and cycles;

c/ For not off-vehicle charging hybrid electric motorcycles: amount of fuel consumed by the vehicle over a distance, corresponding to the specified test conditions and cycles.

11. Quality management agency means the Vietnam Register under the Ministry of Transport.

12. Manufacturer means a lawfully established and operating organization that manufactures and/or assembles vehicles.

13. Importer means an organization that imports vehicles.

14. Dealer means an organization or individual that sells and distributes vehicles to the market.

15. Vehicle energy consumption testing facility or laboratory (below referred to as testing facility) means a specialized testing organization that meets the conditions specified in Article 5 of the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, specifying conditions for provision of conformity assessment services, or has been accredited according to the standards of the Vietnam Laboratory Accreditation Scheme (VILAS) or has been accredited by an accreditation body that has signed a mutual recognition agreement (the International Laboratory Accreditation Cooperation (ILAC) or Asia Pacific Laboratory Accreditation Cooperation (APLAC)).

Article 4. General guidance

1. Vehicles of the same type

a/ Pure electric cars and hybrid electric cars of the same type are defined in Appendix VIII to this Circular (applicable to domestically manufactured/assembled vehicles) or in Appendix IX to this Circular (applicable to imported vehicles);

b/ For hybrid electric motorcycles and pure electric motorcycles, vehicles of the same type are vehicles that have the same basic characteristics as follows: being products of the same industrial owner, having the same brand, design and technical specifications, and being manufactured on the same technological line; their equivalent inertial mass shall be determined according to the corresponding reference mass specified in Table D.12-4 of Vietnam’s Standard TCVN 13062:2020, including also the vehicle’s and engine’s features mentioned in Appendix V to this Circular;

c/ For pure electric motorcycles, vehicles of the same type are vehicles that have the same basic characteristics as follows: being products of the same industrial owner, having the same brand, design and technical specifications, and being manufactured on the same technological line; their equivalent inertial mass shall be determined according to the corresponding reference mass specified in Table 3, Point 3.7.1, Article 3 of National Technical Regulation QCVN 04:2009/BGTVT on emissions of manufactured, assembled and imported new motorcycles and mopeds, promulgated by the Minister of Transport, including also the vehicle’s and engine’s features mentioned in Appendix V to this Circular.

2. After sending the publication of energy consumption under the guidance in Appendix II or Appendix III to this Circular to the quality management agency, manufacturers and importers shall affix the energy label on each vehicle before selling vehicles to the market. Manufacturers, importers and dealers shall ensure that energy labels remain affixed on vehicles until vehicles are delivered to consumers.

3. For not off-vehicle charging hybrid electric cars, energy labeling must comply with Joint Circular No. 43/2014/TTLT-BGTVT-BCT of September 24, 2014, of the Minister of Transport and Minister of Industry and Trade, providing energy labeling for passenger cars of 7 seats or less, or the Minister of Transport’s Circular No. 40/2017/TT-BGTVT of November 9, 2017, providing energy labeling for passenger cars of between 7 seats and 9 seats.

Chapter II

GUIDANCE ON TEST METHODS

Article 5. For pure electric cars and hybrid electric cars

1. The main technical information and specifications of a vehicle provided by the manufacturer or importer are specified in:

a/ Appendix IV to this Circular, for pure electric cars;

b/ Appendix C to Vietnam Standard TCVN 7792:2015, for off-vehicle charging hybrid electric cars.

2. Test methods

a/ For pure electric cars

The measurement of electricity consumption shall be carried out according to the method and test cycle specified in Appendix E to Vietnam’s Standard TCVN 7792:2015.

b/ For off-vehicle charging hybrid electric cars

The measurement of fuel consumption and electricity consumption shall be carried out according to the method and test cycle specified in Appendix F to Vietnam’s Standard TCVN 7792:2015. The fuel consumption of off-vehicle charging hybrid electric cars shall be calculated according to Appendix I to this Circular. The value of distance driven by electricity which is used to calculate fuel consumption and electricity consumption shall be taken from the documents provided by the manufacturer or shall be measured according to the process specified in Appendix G to Vietnam’s Standard TCVN 7792: 2015.

The measurement of vehicle energy consumption shall be carried out independently or in combination with emissions testing. In case it is possible to measure energy consumption in combination with emission testing, the value of fuel consumption shall be calculated as stated at Point D.1.4.3 of Appendix D to Vietnam’s Standard TCVN 7792:2015 by the carbon balance method using results of the measurement of CO2 emissions and other related carbon emissions (CO and HC).

c/ Manufacturers and importers may apply test methods specified by the European Commission (EC)/United Nations Economic Commission for Europe (ECE) or the United States Environmental Protection Agency (EPA) instead of the test method mentioned in Vietnam’s Standard TCVN 7792:2015 to measure energy consumption for the above vehicles.

3. Units of measurement and rounding of energy consumption measurement results

a/ The unit of measurement of fuel consumption is: liter (l)/100 kilometers (km) for gasoline, LPG, ethanol (E85) and diesel; cubic meter (m3)/100 kilometers (km) for natural gas (NG)/bio-methane and H2NG; or kilogram (kg)/100 kilometers (km) for hydrogen fuel. Measurement results must be rounded to the second decimal place.

b/ The unit of measurement of electricity consumption is watt-hour (Wh)/kilometer (km). Measurement results must be rounded to the second decimal place.

Article 6. For pure electric mopeds, pure electric motorcycles and hybrid electric motorcycles

1. The main information and technical specifications of a vehicle are provided by the manufacturer and importer according to Appendix V to this Circular.

2. Test methods

a/ For pure electric mopeds

The measurement of electricity consumption shall be carried out according to the method specified in Article 7 of Vietnam’s Standard TCVN 12776-1:2020 and the test cycle specified in Appendix A to Vietnam’s Standard TCVN 12776-1:2020.

b/ For pure electric motorcycles

The measurement of electricity consumption shall be carried out by either of the following methods: the method specified in Article 7 of Vietnam’s Standard TCVN 12776-1:2020 and the test cycle specified in Appendix B to Vietnam’s Standard TCVN 12776-1:2020 or the method specified in Appendix G.2 to Vietnam’s Standard TCVN 13062:2020.

c/ For hybrid electric motorcycles

The measurement of fuel consumption and electricity consumption shall be carried out according to the method and test cycle specified in Appendix G.3 to Vietnam’s Standard TCVN 13062:2020. The value of distance driven by electricity which is used to calculate fuel consumption and electricity consumption shall be taken from the documents provided by the manufacturer or shall be measured according to the process specified in Appendix G.6 to Vietnam’s Standard TCVN 13062:2020.

The measurement of the vehicle energy consumption shall be carried out independently or in combination with emissions testing. In case it is possible to measure energy consumption in combination with emission testing, the value of fuel consumption shall be calculated as guided at Point G.1-1.4.3 of Appendix G1 to Vietnam’s Standard TCVN 13062:2020 by the carbon balance method using results of the measurement of CO2 emissions and other related carbon emissions (CO and HC).

d/ Manufacturers and importers may apply test methods specified by the EC/ECE or the EPA instead of the test method mentioned in Vietnam’s Standard TCVN 12776-1:2020 or TCVN 13062:2020 to measure energy consumption for the above vehicles.

3. The units of measurement of energy consumption and rounding of measurement results must comply with Clause 3, Article 5 of this Circular.

Article 7. Contents of energy consumption reports

1. The test method and test cycle stated in an energy consumption report must comply with the guidance specified in Article 5 or Article 6 of this Circular.

2. Energy consumption reports issued by testing facilities for vehicles registered for testing must have the contents specified in Appendices VI and VII to this Circular. For vehicles for which manufacturers or importers apply a test method specified at Point c, Clause 2, Article 5 or Point d, Clause 2, Article 6, manufacturers or importers shall use test reports suitable to the applied test method.

Chapter III

DECLARATION OF INFORMATION ON ENERGY CONSUMPTION, ENERGY LABELING AND INSPECTION AND SUPERVISION OF ENERGY LABELING

Article 8. Declaration of information on energy consumption

1. Manufacturers and importers shall declare information on vehicle energy consumption before conducting energy labeling.

2. Manufacturers and importers shall base themselves on the energy consumption reports guided in Article 7 of this Circular to declare information on energy consumption. The declared energy consumption must not be lower than 4% of the energy consumption measurement result (if more than one test is conducted, the measurement result is the average of the tests) stated in the energy consumption report. The publication of energy consumption of a vehicle type is provided in Appendix II or Appendix III to this Circular.

3. For domestically manufactured or assembled vehicles and imported vehicles of a type that is determined to be the same as a vehicle type whose energy consumption has been declared, manufacturers and importers may use the declared value of energy consumption to register the vehicle type without having to test energy consumption again.

4. The declaration of information relating to energy consumption shall be carried out in the following forms:

a/ Sending the publication of energy consumption of the vehicle type to the quality management agency for display on the latter’s website;

b/ Posting information on energy consumption on the websites of manufacturers, importers and dealers (if any).

5. The declaration of information on energy consumption of a vehicle type must be maintained throughout the time the manufacturer, importer or dealer sells that vehicle type to the market.

Article 9. Energy labeling

1. Manufacturers and importers shall themselves print energy labels according to the form provided by the Ministry of Industry and Trade.

2. For vehicles using the same report on energy consumption testing, manufacturers and importers may declare information on the same energy label.

3. Position for affixing the energy label

a/ For pure electric cars and off-vehicle charging hybrid electric cars: The energy label must be affixed inside the car on the driver’s left-side quarter glass or on the rear windscreen, at a position that is easy to spot from the outside of the car. In case it is difficult to see the energy label when it is affixed inside the car, the label may be affixed outside the car at an easy-to-spot position.

b/ For pure electric mopeds, pure electric motorcycles and hybrid electric motorcycles: The energy label must be affixed at an easy-to-spot position.

Article 10. Re-declaration of information on energy consumption and energy re-labeling

1. Manufacturers and importers shall test and re-declare information on energy consumption and carry out energy labeling in one of the following cases:

a/ The declared energy consumption is incorrect;

b/ Results of the inspection and supervision under Article 11 of this Circular show that the actual energy consumption exceeds 4% of the level declared by the manufacturer or importer.

2. Manufacturers and importers shall re-declare information without having to test again vehicles of the same type whose declared information changes as long as such changes do not affect energy consumption (trade name, amenities and aesthetics).

3. Contents and forms of re-declaration of information on energy consumption and energy re-labeling must comply with the guidance in Articles 8 and 9 of this Circular.

Article 11. Inspection and supervision related to energy labeling

The quality management agency shall organize inspection and supervision related to energy labeling as follows:

1. Annually, to formulate and implement plans on inspection of the compliance with regulations on declaration of information on energy consumption and energy labeling by manufacturers, importers and dealers under the guidance provided in Chapter III of this Circular.

2. Unscheduled inspection shall be carried out in case of receipt of well-grounded reports and complaints about violation related to energy labeling that are committed by manufacturers and importers. In case of detecting obvious signs of violation with regard to the declared energy consumption, the quality management agency may request manufacturers and importers to test the energy consumption and disclose information on energy consumption again.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 12. Responsibilities of the quality management agency

1. To receive and declare information relating to vehicle energy consumption on its website according to the guidance in this Circular.

2. To coordinate with functional agencies in settling complaints and disputes and handling violations related to the declaration of vehicle energy consumption and energy labeling.

3. When detecting administrative violations in the course of inspection and supervision, to notify thereof in writing to competent agencies for handling according to the Government’s Decree No. 134/2013/ND-CP of October 17, 2013, on sanctioning of administrative violations in the field of electricity, safety of hydropower dams, and economical and efficient use of energy, and the Government’s Decree No. 17/2022/ND-CP of January 31, 2022, amending and supplementing a number of articles of the Decrees on sanctioning of administrative violations in the field of chemicals and industrial explosives; electricity, safety of hydroelectric dams, and economical and efficient use of energy; commercial activities, production and trading of counterfeit and banned goods and protection of consumer rights; interests; and oil and gas activities and petrol, oil and gas trading.

4. To summarize results of inspection of vehicle energy labeling for reporting to the Ministry of Transport upon request.

Article 13. Responsibilities of testing facilities

To take responsibility for the accuracy and validity of the results of their vehicle energy consumption tests according to the guidance in this Circular.

Article 14. Responsibilities of manufacturers, importers and dealers

1. To declare information on energy consumption and conduct energy labeling for vehicles according to the guidance in this Circular before selling vehicles to the market.

2. To be held responsible before law for the accuracy and truthfulness of energy consumption test reports and the contents of the declaration of energy consumption.

3. For manufacturers and importers: To retain documents related to declaration of information on energy consumption, including the publication of energy consumption and a copy of the report on energy consumption of the vehicle type, for at least 3 years from the time they discontinue manufacturing/assembling or importing such vehicle type.

4. For manufacturers and importers: To make periodical reports and send them to the quality management agency; such a report must have the following information:

a/ Title of report: periodical report on energy labeling;

b/ To-be-reported information: number of vehicle types for which energy labeling is carried out; per-annum energy consumption of each manufacturer or importer;

c/ Reporting entities: manufactures and importers;

d/ Report recipient: Vietnam Register;

dd/ Method of sending and receiving reports: Reports shall be presented in the form of paper document or electronic document and sent by one of the following methods: hand-delivery, sending by post or email, or by other methods as prescribed by law;

e/ Report submission deadline: December 20;

g/ Reporting frequency: once a year;

h/ Data cut-off date: December 14 of the reporting period with the starting date being December 15 of the year preceding the reporting period;

i/ Report form and data: to comply with the guidance in Appendix X to this Circular.

5. For manufacturers and importers; to report to the quality management agency changes related to declared information on energy labeling for consideration and processing.

Article 15. Effect

1. This Circular takes effect on July 1, 2023. To encourage manufacturers, importers and related agencies, organizations and individuals to apply this Circular before the effective date of this Circular as mentioned above.

2. Transitional provisions

a/ For domestically manufactured or assembled vehicles with ex-factory quality inspection slips issued before the effective date of this Circular, it is not required to carry out energy labeling according to the guidance in this Circular;

b/ For imported new vehicles of which the import declarations are made under the Customs Law or which have arrived at a Vietnamese port or border gate before the effective date of this Circular, it is not required to carry out energy labeling according to the guidance in this Circular.

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

Article 16. Implementation responsibility

The Chief of the Office, the Chief of the Inspectorate, directors of departments, and the Director of the Vietnam Register under the Ministry of Transport, heads of related agencies, units and organizations and related individuals shall implement this Circular.-

For the Minister of Transport
Deputy Minister
LE DINH THO

* The Appendices to this Circular are not translated.