Circular 49/2023/TT-BGTVT amend Circulars on technical safety and environmental protection quality inspection for motor vehicles

CIRCULAR

Amending and supplementing a number of articles of Circulars in the field of technical safety and environmental protection quality inspection for manufactured, assembled and imported motor vehicles, special-use motorbikes, four-wheeled motorized passenger vehicles, four-wheeled motorized cargo vehicles and electric bikes

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 Law on Environmental Protection dated November 17, 2020;

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality;

Pursuant to Decree No. 74/2018/ND-CP dated May 15, 2018, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality;

Pursuant to the Government’s Decree 13/2022/ND-CP dated January 21, 2022, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, Decree 74/2018 /ND-CP dated May 15, 2018 detailing the implementation of a number of articles of the Law on Product and Goods Quality and the Government’s Decree No. 86/2012/ND-CP dated October 19, 2012, detailing and guiding the implementation of a number of articles of the Law on Measurement;

Pursuant to the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018, promulgating the Decree detailing a number of Articles of the Law on Foreign Trade Management;

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

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

The Minister of Transport promulgates the Circular amending and supplementing a number of articles of Circulars in the field of technical safety and environmental protection quality inspection for manufactured, assembled and imported motor vehicles, special-use motorbikes, four-wheeled motorized passenger vehicles, four-wheeled motorized cargo vehicles and electric bikes.

Article 1. Amending and supplementing a number of articles of Circular No. 25/2019/TT-BGTVT dated July 5, 2019 of the Minister of Transport prescribing the technical safety and environmental protection quality inspection in automobile manufacture and assembly (hereinafter referred to as Circular No. 25/2019/TT-BGTVT)

1. Amending and supplementing Points a and c, Clause 2, Article 5 as follows:

a) Amending and supplementing Point a, Clause 2, Article 5 as follows:

“a) A designing establishment shall make an automobile design dossier and submit it directly or by post or via the online public service system to the Quality Management Agency.

If wishing to submit the dossier via the online public service system: submit 01 design dossier as prescribed in Clause 1, Article 4 of this Circular.

If wishing to submit the dossier directly or by post: in addition to 01 design dossier as prescribed in Clause 1, Article 4 of this Circular, the designing establishment must submit 01 document (or 02 documents if the designing establishment is not the manufacturing establishment) as prescribed at Point b, Clause 1, Article 4 of this Circular.

b) Amending and supplementing Point c, Clause 2, Article 5 as follows:

“c) The Quality Management Agency shall check contents of the automobile design dossier against the Minister of Transport-issued standards, technical regulations and current regulations on technical safety and environmental protection for automobiles within 10 working days from the date on which a complete dossier is received. Within 03 working days from the date on which the design dossier appraisal results are available, if the design dossier satisfies the requirements, the Quality Management Agency shall grant a design appraisal certificate, made according to the form provided in Appendix III to this Circular.

If the design dossier is complete but has contents not satisfying the requirements, the Quality Management Agency shall notify the designing establishment in writing or via the online public service system of the reasons and such contents for completion. The designing establishment shall complete the design dossier and re-submit it to the Quality Management Agency within 30 working days after being notified. Within 10 working days from the date on which a complete and sufficient dossier is received, the Quality Management Agency shall check contents of the automobile design dossier against the Minister of Transport-issued standards, technical regulations and current regulations on technical safety and environmental protection for automobiles. Within 03 working days from the date on which the design dossier appraisal results are available, if the design dossier satisfies the requirements, the Quality Management Agency shall grant a design appraisal certificate, made according to the form provided in Appendix III to this Circular; If the design dossier does not satisfy the requirements, the Quality Management Agency shall notify the designing establishment in writing or via the online public service system of refusal to grant a design appraisal certificate, and clearly state the reasons. After 30 working days from the date of being notified, if the designing establishment fails to modify the inappropriate contents of the design dossier, the Quality Management Agency shall cease to appraise the design dossier and notify in writing or via the online public service system of refusal to grant a design appraisal certificate. In order to get the appraisal of the dossier resumed, the designing establishment shall submit the registration again;”.

2. Amending and supplementing Point dd, Clause 2, Article 7 as follows:

“dd) A sheet of statistics on complete components and systems domestically manufactured or imported for use in automobile manufacture or assembly, made according to the form provided in Appendix VI to this Circular and enclosed with one of relevant documents for each part (except the engine) which is subject to the inspection, testing and certification, specifically as follows: A copy of the valid type approval certificate for the part type granted by the Quality Management Agency; a valid notice of exemption from inspection of technical safety and environmental protection quality for imported parts in accordance with the Government’s Decree 60/2023/ND-CP dated August 16, 2023, providing the inspection and certification of technical safety and environmental protection quality of automobiles and automobile parts and equipment imported under treaties to which Vietnam is a contracting party (hereinafter referred to as the notice of exemption from inspection of parts in accordance with Decree No. 60/2023/ND-CP dated August 16, 2023); a copy of the written certification by the foreign part manufacturer enclosed with documents on results of the certification of conformity of imported part types with quality standards under a mutual recognition agreement in the field of motor vehicle certification which Vietnam has concluded with the country or territory of origin; a copy of the written certification by the Vietnam-based lawful representative of the foreign part manufacturer, enclosed with a copy of the valid type approval certificate granted by the Quality Management Agency.”.

3. Amending and supplementing Point c, Clause 1, Article 9 as follows:

“c) The Quality Management Agency shall check contents of the dossier and results of the COP assessment within 07 working days. If the dossier is complete and valid according to regulations and the COP assessment results satisfy the requirements, the Quality Management Agency shall grant a certificate as prescribed at Point d of this Clause. If contents of the dossier are invalid, the Quality Management Agency shall notify the manufacturing establishment of such contents to supplement and complete the dossier. If the COP assessment results are not available, the Quality Management Agency shall notify the enterprise to carry out the COP assessment in accordance with Article 8 of this Circular.

Within 6 months from the date of being notified, the enterprise shall modify the inappropriate dossier contents (including the performance of the COP assessment if the COP assessment results are not available) and re-submit the dossier to the Quality Management Agency. Within 07 working days from the date of receiving a complete and sufficient dossier and the COP assessment results, the Quality Management Agency shall check contents of the dossier. If the dossier is complete and valid and the COP assessment results satisfy the requirements, the Quality Management Agency shall grant a certificate as prescribed at Point d of this Clause; If the dossier has inappropriate contents, the Quality Management Agency shall notify the enterprise of refusal to grant a certificate and clearly state the reasons. After 6 months from the date of being notified, if the enterprise fails to modify inappropriate contents as notified, the Quality Management Agency shall cease to examine the dossier or assess the COP and notify the enterprise in writing or via the online public service system of refusal to grant a Certificate. In order to apply for grant of a certificate, the enterprise must submit the dossier again.".

4. Amending and supplementing Clause 2, Article 10 as follows:

"2. Manufacturing establishments must ensure and be responsible for the origin and quality of ex-workshop products and carry out goods labeling in accordance with the law provisions. Products may only be delivered from workshops and granted an ex-workshop quality inspection slip for automobiles when the product type approval certificate still remains valid and when the parts subject to testing and certification according to Appendix IV to this Circular satisfy one of the following requirements:

a) The type approval certificate for parts remains valid;

b) The notice of exemption from inspection of parts in accordance with Decree 60/2023/ND-CP dated August 16, 2023 still remains valid.".

Article 2. Amending, supplementing and annulling a number of articles of Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport, prescribing the technical safety and environmental protection quality inspection in manufacture and assembly of motor vehicles (hereinafter referred to as Circular No. 30/2011/TT-BGTVT), Circular No. 54/2014/TT-BGTVT dated October 20, 2014 of the Minister of Transport, amending and supplementing a number of articles of Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport, prescribing the technical safety and environmental protection quality inspection in manufacture and assembly of motor vehicles (hereinafter referred to as Circular No. 54/2014/TT-BGTVT) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of the Minister of Transport, amending and supplementing a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT)

1. Amending and supplementing Point d, Clause 6, Article 5 of Circular No. 30/2011/TT-BGTVT, which was amended and supplemented under Point c, Clause 4, Article 1 of Circular No. 16/2022/TT -GTVT, as follows:

“d) Time limit for handling: The design appraisal shall be carried out within 08 working days from the date of receiving a complete dossier as specified. If the design dossier has satisfactory appraisal results (the design dossier satisfies the requirements), the Quality Management Agency shall grant a design appraisal certificate, made according to the form provided in Appendix III to this Circular within 03 working days from the date of receiving the satisfactory design dossier appraisal results.

 If the design dossier is complete but has contents not satisfying the requirements, the Quality Management Agency shall notify the designing establishment in writing or via the online public service system of the reasons and such contents for completion of the dossier. The designing establishment shall complete the design dossier and re-submit it to the Quality Management Agency within 30 working days from the date of being notified. Within 08 working days from the date of receiving a complete and sufficient dossier, the Quality Management Agency shall check and re-assess the design dossier. Within 03 working days from the date on which the design dossier appraisal results are available, if the design dossier satisfies the requirements, the Quality Management Agency shall grant a design appraisal certificate, made according to the form provided in Appendix III to this Circular; If the design dossier does not satisfy the requirements, the Quality Management Agency shall notify the designing establishment in writing or via the online public service system of refusal to grant a design appraisal certificate and clearly state the reasons. After 30 working days from the date of being notified, if the designing establishment fails to modify the inappropriate contents of the design dossier, the Quality Management Agency shall cease to appraise the design dossier and notify in writing or via the online public service system of refusal to grant a design appraisal certificate. To get the appraisal of the design dossier resumed, the designing establishment must submit the dossier again.".

2. Annulling Point c, Clause 1, Article 8 of Circular No. 30/2011/TT-BGTVT which was amended under Clause 5, Article 1 of Circular No. 54/2014/TT-BGTVT.

3. Amending and supplementing the 3^rd bullet point, Point a, Clause 2, Article 9 of Circular No. 30/2011/TT-BGTVT as follows:

“- The Vietnam Register shall check contents of the dossier and results of the COP assessment within 07 working days. If the dossier is complete and valid according to regulations and the COP results satisfy the requirements, the Vietnam Register shall grant a certificate as prescribed at Point d of this Clause. If contents of the dossier are invalid, the Vietnam Register shall notify the enterprise to supplement and complete the dossier. If the COP assessment results are not available, the Vietnam Register shall notify the enterprise to carry out the COP assessment in accordance with Article 8 of this Circular.

Within 6 months from the date of being notified, the enterprise shall modify the inappropriate dossier contents (including the performance of the COP assessment if the COP assessment results are not available) and re-submit it to the Vietnam Register. Within 07 working days from the date of receiving a complete and sufficient dossier and the COP assessment results, the Vietnam Register shall check the dossier contents and COP assessment results. If the dossier is complete, valid and has the satisfactory COP results, the Vietnam Register shall grant a certificate as prescribed at Point d of this Clause; If the dossier has inappropriate contents, the Vietnam Register shall notify the enterprise of refusal to grant a certificate and clearly state the reasons. After 6 months from the date of being notified, if the enterprise fails to modify the inappropriate contents as notified, the Vietnam Register shall cease to examine and assess the dossier or assess the COP, and notify the enterprise in writing or via the online public service system of refusal to grant a certificate. In order to apply for grant of a certificate, the enterprise must submit the dossier again.".

4. Replacing Appendix IV and Appendix VII to Circular No. 30/2011/TT-BGTVT (which was amended and supplemented under Clause 12, Article 1 of Circular No. 54/2014/TT-BGTVT) respectively with Appendix 1 and Appendix 2 to this Circular.

5. Replacing Appendix IX to Circular No. 30/2011/TT-BGTVT with Appendix 3 to this Circular.

Article 3. Amending, supplementing and annulling a number of articles of Circular No. 45/2012/TT-BGTVT dated October 25, 2012 of the Minister of Transport prescribing the technical safety and environmental protection quality inspection in manufacture and assembly of motorbikes and mopeds (hereinafter referred to as Circular No. 45/2012/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30 2018 of the Minister of Transport amending and supplementing a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT) and Circular No. 16/ 2022/TT-BGTVT dated June 30, 2022 of the Minister of Transport amending and supplementing a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 16/2022/TT -BGTVT)

1. Annulling Point c, Clause 1, Article 6 of Circular No. 45/2012/TT-BGTVT.

2. Amending and supplementing Clause 3, Article 7 of Circular No. 45/2012/TT-BGTVT, which was amended under Clause 1, Article 7 of Circular No. 42/2018/TT-BGTVT, as follows:

“3. The Quality Management Agency shall check contents of the dossier and results of the COP assessment within 07 working days. Within 03 working days from the date of completing the inspection and assessment, if the dossier is complete and valid according to regulations and has the satisfactory COP assessment results, the Quality Management Agency shall grant a certificate, made according to the form provided in Appendix VIIa and VIIb to this Circular. If contents of the dossier are invalid, the Quality Management Agency shall notify the manufacturing establishment to supplement and complete the dossier. If the COP assessment results are not available, the Quality Management Agency shall notify the enterprise to carry out the COP assessment in accordance with Article 6 of this Circular.

Within 6 months from the date of being notified, the enterprise shall modify the inappropriate dossier contents (including the performance of the COP assessment if the COP assessment results are not available) and re-submit it to the Quality Management Agency. Within 07 working days from the date of receiving a complete and sufficient dossier and the COP assessment results, the Quality Management Agency shall check the dossier contents and COP assessment results. If the dossier is complete and valid according to regulations and has the satisfactory COP assessment results, the Quality Management Agency shall grant a certificate, made according to the form provided in Appendix VIIa and VIIb to this Circular within 03 working days from the date on which the inspection and assessment are completed and determine that the dossier is complete and valid according to regulations and the COP assessment results satisfy the requirements; If the dossier has inappropriate contents, the Quality Management Agency shall notify the enterprise of refusal to grant a certificate and clearly state the reasons. After 6 months from the date of being notified, if the enterprise fails to modify the inappropriate contents as notified, the Quality Management Agency shall cease to examine and assess the dossier or assess the COP, and notify the enterprise in writing or via the online public service system of refusal to grant a certificate. In order to apply for grant of a certificate, the enterprise must submit the dossier again.".

3. Amending and supplementing the 2^nd bullet point, Point a, Clause 3, Article 8, Clause 7, Article 8 and add Clause 8, Article 8 of Circular No. 45/2012/TT-BGTVT as follows:

a) Amending and supplementing the 2^nd bullet point, Point a, Clause 3, Article 8 of Circular No. 45/2012/TT-BGTVT as follows:

“- The manufacturing establishment commits any of the violations mentioned in Clause 4, Article 10 of this Circular or in the case where the manufacturing establishment is not notified in writing by the Quality Management Agency allowing the application of ex-workshop self-inspection as prescribed at Point c of this Clause or the manufacturing establishment still has violations and does not comply with this Circular during the supervision period.”.

b) Amending and supplementing Clause 7, Article 8 of Circular No. 45/2012/TT-BGTVT as follows:

“7. The manufacturing establishment shall prepare and grant 01 dossier for each vehicle delivered from workshops, including:

a) Ex-workshop quality inspection slip as prescribed in Clause 6 of this Article;

b) User manual in Vietnamese, showing basic technical specifications of the vehicle and instructions for using the vehicle;

c) Product warranty booklet or slip in Vietnamese, clearly stating warranty conditions, names and addresses of warranty and maintenance establishments.".

c) Adding Clause 8, Article 8 of Circular No. 45/2012/TT-BGTVT as follows:

"8. Chassis and engine numbers:

a) The manufacturing establishment may not use vehicle chassis or engines, of which the chassis or engine numbers are erased, chiseled or re-imprinted to produce and assemble vehicles, except for the cases prescribed at Point b of this Clause;

b) If the domestically imprinted chassis or engine numbers are incorrect due to employee manipulation or are faded or illegible, the manufacturing establishment must keep the original number intact and notify the Quality Management Agency in writing. If there are no signs of violation mentioned at Point a of this Clause, the Quality Management Agency shall notify the manufacturing establishment in writing to re-imprint the chassis or engine numbers. If there is a violation, the Quality Management Agency shall notify in writing and request the manufacturing establishment for not using the erased, chiseled or re-imprinted chassis or engine numbers to produce or assemble vehicles.".

4. Adding Points d, dd and e to Clause 3, and adding Clauses 4 and 5 to Article 10 of Circular No. 45/2012/TT-BGTVT as follows:

a) Adding Points d, dd and e to Clause 3, Article 10 of Circular No. 45/2012/TT-BGTVT as follows:

“d) The manufacturing establishment is dissolved or falls bankrupt in accordance with the law provisions;

dd) The manufacturing establishment forges documents, incorrectly declares information about technical specifications, features of the product type, information about the manufacturer and manufacturing country in the certification application dossier, affecting the results of certification of technical safety and environmental protection quality of the product type.

e) The product type is subject to suspension of ex-workshop for more than 06 months under Clause 4 of this Article but the manufacturing establishment still cannot remedy the violations.".

b) Adding Clauses 4 and 5 to Article 10 of Circular No. 45/2012/TT-BGTVT as follows:

“4. Suspension of ex-workshop of a product type

The Quality Management Agency shall notify in writing and request the manufacturing establishment to suspend the ex-workshop of a product and suspend the grant of an ex-workshop quality inspection slip (suspension of ex-workshop) for the product types falling into one of the following cases:

a) The manufacturing establishment fails to maintain the product quality assurance according to regulations or to fully carry out ex-workshop quality inspection according to the manufacturing establishment's issued quality inspection procedures and instructions; the ex-workshop quality inspection slip is managed and used in contravention of regulations; the manufacturing establishment fails to make a complete ex-workshop dossier for the product, or to coordinate in performing ad-hoc inspection, assessment, and verification of product errors;

b) Ex-workshop products do not satisfy standards and technical regulations or do not conform to the quality certification registration dossier and typical samples of the certified product type;

c) The manufacturing establishment commits a violation against regulations on intellectual property as notified by a competent authority;

d) The manufacturing establishment commits a violation against regulations on VIN and engine numbers mentioned in Clause 8, Article 8 of this Circular.

5. During the period of suspension of ex-workshop as prescribed in Clause 4 of this Article, the manufacturing establishment may not perform the ex-workshop or grant the ex-workshop quality inspection slip for products of the type that is being suspended from being placed on the market, and must remedy violations within a period of no more than 06 months from the date the Quality Management Agency notifies and requests it to suspend the ex-workshop. The Quality Management Agency shall review and inspect after the violations have been remedied as notified by the manufacturing establishment; If the violations have been remedied, the Quality Management Agency shall cancel the suspension of ex-workshop and notify the manufacturing establishment in writing; After this time limit, if the manufacturing establishment fails to remedy the violations, the certificate granted for the product type shall no longer be valid in accordance with Clause 3 of this Article.”.

5. Amending and supplementing Clause 4, Article 15 of Circular No. 45/2012/TT-BGTVT as follows:

“4. Organizing periodic or ad-hoc inspections of quality assurance and use of ex-workshop quality inspection slips of the manufacturing establishment.”.

6. Amending and supplementing Clause 3, Article 16 of Circular No. 45/2012/TT-BGTVT as follows:

“3. Coordinating with the Quality Management Agency in the process of inspection and assessment related to product quality, product quality assurance and management and use of ex-workshop quality inspection slips.".

7. Replacing Appendix VI to Circular No. 45/2012/TT-BGTVT with Appendix 4 to this Circular.

Article 4. Amending, supplementing and annulling a number of articles of Circular No. 16/2014/TT-BGTVT dated May 13, 2014 of the Minister of Transport prescribing conditions for four-wheeled motorized cargo vehicles and drivers participating in road traffic (hereinafter referred to as Circular No. 16/2014/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of the Minister of Transport amending and supplementing a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT) and Circular No. 16/2022/TT -BGTVT dated June 30, 2022 of the Minister of Transport amending and supplementing a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT)

1. Annulling Point c, Clause 1, Article 6 of Circular No. 16/2014/TT-BGTVT.

2. Amending and supplementing Clause 3, Article 7 of Circular No. 16/2014/TT-BGTVT, which was amended under Clause 1, Article 8 of Circular No. 42/2018/TT-BGTVT, as follows:

“3. The Vietnam Register shall check contents of the dossier and results of the COP assessment within 07 working days. Within 03 working days from the date of completing the inspection and assessment, if the dossier is complete and valid according to regulations, and has satisfactory COP assessment results, the Vietnam Register shall grant a certificate, made according to the form provided in Appendix VIIa and VIIb to this Circular. If contents of the dossier are invalid, the Vietnam Register shall notify the manufacturing establishment to supplement and complete the dossier. If the COP assessment results are not available, the Vietnam Register shall notify the enterprise to carry out the COP assessment in accordance with Article 6 of this Circular.

Within 6 months from the date of being notified, the enterprise shall modify the inappropriate dossier contents (including the performance of the COP assessment if the COP assessment results are not available) and re-submit it to the Vietnam Register. Within 07 working days from the date of receiving a complete and sufficient dossier and the COP assessment results, the Vietnam Register shall check the dossier contents and COP assessment results. If the dossier is complete and valid according to regulations and the COP assessment results are satisfactory, the Vietnam Register shall grant a certificate, made according to the form provided in Appendix VIIa and VIIb to the Circular within 03 working days from the date on which the inspection and assessment are completed and determine that the dossier is complete and valid according to regulations and has satisfactory COP assessment results; If the dossier has inappropriate contents, the Vietnam Register shall notify the enterprise of refusal to grant a certificate and clearly state the reasons. After 6 months from the date of being notified, if the enterprise fails to modify the inappropriate contents as notified, the Vietnam Register shall cease to examine and assess the dossier or to assess the COP, and notify the enterprise in writing or via the online public service system of refusal to grant a certificate. In order to apply for grant of a certificate, the enterprise must submit the dossier again.".

3. Amending and supplementing Clause 3, Article 21 of Circular No. 16/2014/TT-BGTVT as follows:

“3. Carrying out product recall in accordance with Article 16 of Circular No. 25/2019/TT-BGTVT dated July 5, 2019 of the Minister of Transport prescribing technical safety and environmental protection quality inspection in automobile manufacture and assembly.”.

Article 5. Amending, supplementing and annulling a number of articles of Circular No. 41/2013/TT-BGTVT dated November 5, 2013 of the Minister of Transport prescribing technical safety quality inspection of electric bikes (hereinafter referred to as Circular No. 41/2013/TT-BGTVT), Circular No. 19/2014/TT-BGTVT dated May 28, 2014 of the Minister of Transport amending and supplementing a number of articles of Circular No. 23/2009/TT-BGTVT dated October 15, 2009 of the Minister of Transport prescribing technical safety and environmental protection quality inspection of special-use motorbikes, Circular No. 44/2012/TT-BGTVT dated October 23, 2012 of the Minister of Transport prescribing technical safety and environmental protection quality inspection of imported motorbikes, mopeds and imported engines used to produce and assemble motorbikes and mopeds, and Circular No. 41/2013/TT-BGTVT dated November 5, 2013 of the Minister of Transport prescribing technical safety quality inspection of electric bikes (hereinafter referred to as Circular No. 19/2014/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of the Minister of Transport amending and supplementing a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of the Minister of Transport amending and supplementing a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT)

1. Annulling Point c, Clause 1, Article 5 of Circular No. 41/2013/TT-BGTVT which was amended under Clause 1, Article 5 of Circular No. 16/2022/TT-BGTVT.

2. Amending and supplementing Points b and c, Clause 1, Article 8 of Circular No. 41/2013/TT-BGTVT, which was amended under Clause 2, Article 5 of Circular No. 42/2018/TT-BGTVT, as follows:

“b) The Quality Management Agency shall receive and check the components of the certification registration dossier. If the dossier is not complete as prescribed, the Quality Management Agency shall return the dossier within 01 working day in cases of direct submission or return the dossier within 02 working days from the date of receipt in cases of submission via the online public service system, and provide instructions for the manufacturing establishment to complete the dossier. If the dossier is complete, the Quality Management Agency shall receive the dossier to check contents of the dossier.

c) The Quality Management Agency shall check contents of the dossier and results of the COP assessment within 07 working days. Within 03 working days from the date of completing the inspection and assessment, if the dossier is complete and valid according to regulations and has the satisfactory COP assessment results, the Quality Management Agency shall grant a certificate, made according to the form provided in Appendix IIIa to this Circular. If contents of the dossier are invalid, the Quality Management Agency shall notify the manufacturing establishment to supplement and complete the dossier. If the COP assessment results are not available, the Quality Management Agency shall notify the enterprise to carry out the COP assessment in accordance with Article 6 of this Circular.

Within 6 months from the date of being notified, the enterprise shall modify the inappropriate dossier contents (including the performance of the COP assessment if COP assessment results are not available) and re-submit it to the Quality Management Agency. Within 07 working days from the date of receiving a complete and sufficient dossier and the COP assessment results, the Quality Management Agency shall check the dossier contents and the COP assessment results. If the dossier is complete and valid according to regulations and the COP assessment results satisfy the requirements, the Quality Management Agency shall grant a certificate, made according to the form provided in Appendix IIIa to this Circular within 03 working days from the date on which the inspection and assessment are completed and determine that the dossier is complete and valid according to regulations and has the satisfactory COP assessment results; If the dossier has inappropriate contents, the Quality Management Agency shall notify the enterprise of refusal to grant a certificate and clearly state the reasons. After 6 months from the date of being notified, if the enterprise fails to modify the inappropriate contents as notified, the Quality Management Agency shall cease to examine and assess the dossier or to assess the COP, and notify the enterprise in writing or via the online public service system of refusal to grant a certificate. In order to apply for grant of a certificate, the enterprise must submit the dossier again.".

3. Amending and supplementing Point c, Clause 2, Article 8 of Circular No. 41/2013/TT-BGTVT which was amended under Point c, Clause 4, Article 5 of the Circular 16/2022/TT-BGTVT, and adding Point dd to Clause 2, Article 8 of Circular No. 41/2013/TT-BGTVT as follows:

a) Amending and supplementing Point c, Clause 2, Article 8 of Circular No. 41/2013/TT-BGTVT, which was amended under Point c, Clause 4, Article 5 of the Circular 16/2022/TT-BGTVT, as follows:

“c) The Quality Management Agency shall inspect and review the vehicle testing results in accordance with Article 7 of this Circular. Within 04 working days from the date of inspection and complete documentation as prescribed, the Quality Management Agency shall grant a certificate made according to the form provided in Appendix IIIb to this Circular if the inspection and testing results satisfy the requirements; or grant a notification of import quality failure made according to the form provided in Appendix IIIc to this Circular if the inspection and testing results do not satisfy the requirements.”.

b) Adding Point dd to Clause 2, Article 8 of Circular No. 41/2013/TT-BGTVT as follows:

“dd) In the cases where imported vehicles are damaged during transportation from a foreign country into Vietnam, the importing establishment may repair the following items: paint layers that are scratched or partially oxidized but not damaged or punctured; cracked or broken rearview mirrors; cracked or broken lighting and signal systems; missing control relays; and non-working batteries.”.

4. Adding Point dd to Clause 1, Article 9 of Circular No. 41/2013/TT-BGTVT as follows:

“dd) A vehicle that has undergone ex-workshop inspection and is stamped with a conformity stamp, when put on the market, must be provided with user manuals (showing basic technical specifications of the vehicle and instructions for using the vehicle), and product warranty slips (clearly stating warranty conditions and addresses of warranty establishments).".

5. Adding Points d, dd and e to Clause 3, Article 11, and adding Clauses 4 and 5 to Article 11 of Circular No. 41/2013/TT-BGTVT as follows:

a) Adding Points d, dd and e to Clause 3, Article 11 of Circular No. 41/2013/TT-BGTVT as follows:

“d) The manufacturing establishment is dissolved or falls bankrupt in accordance with the law provisions.

d) The manufacturing establishment forges documents and incorrectly declares information about technical specifications and features of the vehicle type in the certification registration dossier, affecting the results of technical safety and environmental protection quality certification of the vehicle type.

e) The product type is subject to suspension of ex-workshop for more than 06 months under Clause 4 of this Article but the manufacturing establishment still cannot remedy the violations.".

b) Adding Clauses 4 and 5 to Article 11 of Circular No. 41/2013/TT-BGTVT as follows:

“4. Suspension of ex-workshop of a product type

The Quality Management Agency shall notify in writing and request the manufacturing establishment to suspend the ex-workshop of a product and suspend the grant of a conformity stamp (suspension of ex-workshop) for the product type falling into one of the following cases:

a) The manufacturing establishment fails to maintain the product quality assurance according to regulations or to fully carry out product quality inspection according to the manufacturing establishment's issued quality inspection procedures and instructions; the conformity stamp is managed and used in contravention of regulations; the manufacturing establishment fails to make a complete ex-workshop dossier for the vehicle, or to coordinate in performing ad-hoc inspection, assessment, and verification of product errors;

b) Ex-workshop vehicles do not satisfy standards and technical regulations or do not conform to the quality certification registration dossier and typical samples of the certified product type;

c) The manufacturing establishment commits a violation against regulations on intellectual property as notified by a competent authority;

5. During the period of suspension of ex-workshop as prescribed in Clause 4 of this Article, the manufacturing establishment may not perform the ex-workshop or grant the conformity stamp for vehicles of the type that is being suspended from being placed on the market, and must remedy violations within a period of no more than 06 months from the date the Quality Management Agency notifies and requests it to suspend the ex-workshop. The Quality Management Agency shall review and inspect after the violations have been remedied as notified by the manufacturing establishment; If the violations have been remedied, the Quality Management Agency shall cancel the suspension of ex-workshop and notify the manufacturing establishment in writing; After this time limit, if the manufacturing establishment fails to remedy the violations, the certificate granted for the product type shall no longer be valid in accordance with Clause 3 of this Article.”.

6. Amending and supplementing Clause 4, Article 13 of Circular No. 41/2013/TT-BGTVT as follows:

“4. Carrying out the recall for manufactured and assembled vehicles in accordance with Article 16 of Circular No. 25/2019/TT-BGTVT dated July 5, 2019 of the Minister of Transport prescribing technical safety and environmental protection quality inspection in automobile manufacture and assembly, or carrying out the recall for imported vehicles in accordance with Clause 2, Article 8 of Circular No. 03/2018/TT-BGTVT dated October 10 January 2018 of the Minister of Transport prescribing technical safety and environmental protection quality inspection for imported automobiles under Decree No. 116/2017/ND-CP.” .

7. Annulling Point c, Clause 1, Article 6 of Circular No. 41/2013/TT-BGTVT.

Article 6. Amending and supplementing a number of articles of Circular No. 86/2014/TT-BGTVT dated December 31, 2014 of the Minister of Transport prescribing conditions for four-wheeled motorized passenger vehicles and drivers participating in traffic within a limited scope (hereinafter referred to as Circular No. 86/2014/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of the Minister of Transport amending and supplementing a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT) and Circular No. 16/2022/TT -BGTVT dated June 30, 2022 of the Minister of Transport amending and supplementing a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT)

1. Amending and supplementing Clauses 2 and 3, Article 7 of Circular No. 86/2014/TT-BGTVT as follows:

a) Amending and supplementing Clause 2, Article 7 of Circular No. 86/2014/TT-BGTVT as follows:

"2. The Vietnam Register shall receive and check the certification registration dossier and process as follows:

a) If the dossier is not complete as prescribed, the Vietnam Register shall return the dossier within 01 working day from the date of receipt in cases of direct submission or return the dossier within 02 working days from the date of receipt in cases of submission via the online public service system, and provide instructions for the enterprise to complete the dossier;

b) If the dossier is complete as prescribed, the Vietnam Register shall receive the dossier to check and assess the dossier contents according to regulations.”

b) Amending and supplementing Clause 3, Article 7 of Circular No. 86/2014/TT-BGTVT as follows:

“3. The Vietnam Register shall check contents of the dossier and results of the COP assessment within 07 working days.

a) If the dossier contents are invalid, the Vietnam Register shall notify the manufacturing establishment to supplement and complete the dossier. If the COP assessment results are not available, the Vietnam Register shall notify the enterprise to carry out the COP assessment in accordance with Article 6 of this Circular.

Within 06 months from the date of being notified, the enterprise shall modify the inappropriate dossier contents (including the performance of the COP assessment if the COP assessment results are not available) and re-submit it to the Vietnam Register. Within 07 working days from the date of receiving a complete and sufficient dossier and the COP assessment results, the Vietnam Register shall check the dossier contents and the COP assessment results. If the dossier is complete and valid according to regulations and the COP assessment results are satisfactory, the Vietnam Register shall grant a certificate as prescribed at Point b of this Clause; If the dossier has inappropriate contents, the Vietnam Register shall notify the enterprise of refusal to grant a certificate and clearly state the reasons. After 06 months from the date of being notified, if the enterprise fails to modify the inappropriate contents as notified, the Vietnam Register shall cease to examine and assess the dossier or to assess the COP, and notify the enterprise in writing or via the online public service system of refusal to grant a certificate. In order to apply for grant of a certificate, the enterprise must submit the dossier again.

b) If the dossier satisfies the requirements, the Vietnam Register shall grant a certificate made according to the form provided in Appendix IVa to this Circular within 03 working days from the date on which the inspection and assessment are completed and determine that the dossier is complete and valid according to regulations and has the satisfactory COP assessment results.”.

2. Amending Clause 6, Article 8 of Circular No. 86/2014/TT-BGTVT as follows:

“6. The Vietnam Register may conduct ad-hoc inspections. After the inspection results are available, if the manufacturing establishment violates the provisions of Clause 3, Article 9 of this Circular, the certificate shall be revoked; if the manufacturing establishment violates the provisions of Clause 4, Article 9 of this Circular, the Vietnam Register shall request it to suspend vehicle ex-workshop.”.

3. Amending and supplementing Point b, Clause 3, Article 9; adding Points d, dd and e to Clause 3, Article 9 and adding Clauses 4 and 5 to Article 9 of Circular No. 86/2014/TT-BGTVT as follows:

a) Amending Point b, Clause 3, Article 9 of Circular No. 86/2014/TT-BGTVT as follows:

“b) The manufacturing establishment commits any of the following violations: using ex-workshop quality inspection slips for vehicles that have not yet been granted a certificate; violating regulations on intellectual property as notified by a competent authority;".

b) Adding Points d, dd and e to Clause 3, Article 9 of Circular No. 86/2014/TT-BGTVT as follows:

“d) The manufacturing establishment is dissolved or falls bankrupt in accordance with the law provisions.

dd) The manufacturing establishment forges documents and incorrectly declares information about technical specifications and features of the vehicle type in the certification registration dossier, affecting the results of technical safety and environmental protection quality certification of the vehicle type.

e) The product type is subject to suspension of ex-workshop for more than 06 months under Clause 4 of this Article but the manufacturing establishment still cannot remedy the violations.".

c) Adding Clauses 4 and 5 to Article 9 of Circular No. 86/2014/TT-BGTVT as follows:

“4. Suspension of ex-workshop of a product type

The Quality Management Agency shall notify in writing and request the manufacturing establishment to suspend the ex-workshop of a product and suspend the grant of a vehicle ex-workshop quality inspection slip (suspension of ex-workshop) for the product type falling into one of the following cases:

a) The manufacturing establishment fails to maintain the product quality assurance according to regulations or to fully carry out product quality inspection according to the manufacturing establishment's issued quality inspection procedures and instructions; the ex-workshop quality inspection slip is managed and used in contravention of regulations; the manufacturing establishment fails to make a complete ex-workshop dossier for the product, or to coordinate in performing ad-hoc inspection, assessment, and verification of product errors;

b) Ex-workshop vehicles do not satisfy standards and technical regulations as prescribed in this Circular, or do not conform to the quality certification registration dossier and typical samples of the certified vehicle type.

5. During the period of suspension of ex-workshop as prescribed in Clause 4 of this Article, the manufacturing establishment may not perform the ex-workshop or grant the ex-workshop quality inspection slip for products of the type that is being suspended from being placed on the market, and must remedy violations within a period of no more than 06 months from the date the Quality Management Agency notifies and requests it to suspend the ex-workshop. The Quality Management Agency shall review and inspect after the violations have been remedied as notified by the manufacturing establishment; If the violations have been remedied, the Quality Management Agency shall cancel the suspension of ex-workshop and notify the manufacturing establishment in writing; After this time limit, if the manufacturing establishment fails to remedy the violations, the certificate granted for the product type shall no longer be valid in accordance with Clause 3 of this Article.”

4. Adding Point c to Clause 3, Article 12 of Circular No. 86/2014/TT-BGTVT as follows:

“c) If the vehicle has chassis or engine numbers erased, chiseled or re-imprinted, the Vietnam Register shall cease the procedures for inspecting and certifying the quality of technical safety and environmental protection for four-wheeled passenger vehicles equipped with imported engines; making a record of the status of the vehicle violating regulations in Decree No. 69/2018/ND-CP, made according to the form provided in Appendix XI to this Circular; At the same time, send a written request to the Forensic Science Institute under the Ministry of Public Security for inspecting and determining the status of chassis or engine numbers. Within 03 working days from the date on which the written conclusion of violation from the Forensic Science Institute under the Ministry of Public Security is available, if the vehicle has a violation, the Vietnam Register shall issue a notification of violations against Decree No. 69/2018/ND-CP, made according to the form provided in Appendix XII to this Circular for the importer and customs office where import procedures are carried out to resolve according to regulations; If it is concluded that the vehicle does not violate and the vehicle inspection results satisfy the requirements, the Vietnam Register shall grant a certificate in accordance with Point b, Clause 3 of this Article or grant a notification of failure in accordance with Point a, Clause 3 of this Article if the test results are unsatisfactory.”

5. Amending and supplementing Clause 3, Article 25 of Circular No. 86/2014/TT-BGTVT as follows:

“3. Carrying out the recall for manufactured and assembled vehicles in accordance with Article 16 of Circular No. 25/2019/TT-BGTVT dated July 5, 2019 of the Minister of Transport prescribed technical safety and environmental protection quality inspection in automobile manufacture and assembly or carrying out the recall for imported vehicles in accordance with Clause 2, Article 8 of Circular No. 03/2018/TT-BGTVT dated October 10 January 2018 of the Minister of Transport prescribing technical safety and environmental protection quality inspection for imported automobiles subject to Decree No. 116/2017/ND-CP.” .

6. Annulling Point c, Clause 1, Article 6 of Circular No. 86/2014/TT-BGTVT.

7. Adding Appendix XI and Appendix XII to Circular No. 86/2014/TT-BGTVT respectively with Appendix 5 and Appendix 6 to this Circular.

Article 7. Amending, supplementing and annulling a number of articles of Circular No. 89/2015/TT-BGTVT dated December 31, 2015 of the Minister of Transport prescribing technical safety and environmental protection quality inspection of special-use motorbikes (hereinafter referred to as Circular No. 89/2015/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of the Minister of Transport amending and supplementing to a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT) and Circular No. 23/2020/TT-BGTVT dated January 20, 2020 of the Minister of Transport amending and supplementing a number of articles of Circular No. 89/2015/TT-BGTVT dated December 31, 2015 of the Minister of Transport prescribing technical safety and environmental protection quality inspection of special-use motorbikes and Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of the Minister of Transport amending and supplementing to a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 23/2020/TT-BGTVT)

1. Amending and supplementing Clause 1, Article 3 of Circular No. 89/2015/TT-BGTVT, which was amended under Clause 3, Article 1 of the Circular 23/2020/TT-BGTVT, as follows:

"1. Special-use motorbikes (hereinafter referred to as vehicles) include the types of vehicles stated in Vietnamese Standard TCVN 7772:2007 "Vehicles, machines and mobile construction equipment - classification" and the vehicles mentioned in section C of Appendix I and section D of Appendix II to Circular No. 12/2022/TT-BGTVT dated June 30, 2022 of the Minister of Transport providing the List of potentially unsafe products and goods subject to the state management by the Ministry of Transport.”.

2. Amending and supplementing Point a, Clause 2, Article 5 of Circular No. 89/2015/TT-BGTVT as follows:

“a) If the dossier is complete as prescribed, within 01 working day from the date of receipt, the Vietnam Register shall certify the registration for technical safety and environmental protection quality inspection. The importer must bring the vehicle to the inspection registration location within 15 days from the date of bringing the goods into storage.

Past the time limit of 15 days from the date of bringing the goods into storage, if the importer does not bring the vehicle to the inspection registration location (except in force majeure cases), the Vietnam Register shall refuse to accept further dossiers until when the importer brings the vehicle to the inspection registration location.”.

3. Annulling Clause 1, Article 6 of Circular No. 89/2015/TT-BGTVT.

4. Amending and supplementing Points d and dd, Clause 2, Article 7 of Circular No. 89/2015/TT-BGTVT as follows:

a) Amending and supplementing Point d, Clause 2, Article 7 of Circular No. 89/2015/TT-BGTVT as follows:

“d) If the vehicles are permitted to be imported as mentioned at Point a, Clause 8, Section II of Appendix I to Decree No. 69/2018/ND-CP, the vehicles shall be inspected and certified according to regulations and the certificate shall note: "Vehicles used for operation in a narrow range, not participating in traffic.".

b) Amending and supplementing Point dd, Clause 2, Article 7 of Circular No. 89/2015/TT-BGTVT as follows:

“dd) For vehicles on the List of goods banned from import specified in Section II of Appendix I issued with Decree No. 69/2018/ND-CP, the Vietnam Register shall carry out as follows: ceasing the procedures for inspecting and certifying the technical safety and environmental protection quality of imported special-use motorbikes; making a record of the status of the vehicle violating regulations in Decree No. 69/2018/ND-CP, made according to the form provided in Appendix VI to this Circular. Within 03 working days from the date on which the conclusion of violation is available, the Vietnam Register shall issue a notification of violations against Decree No. 69/2018/ND-CP, made according to the form provided in Appendix VII to this Circular, and send it to the importer and customs office (where import procedures are carried out) to resolve according to regulations.”.

5. Supplementing Clause 3, Article 8 of Circular No. 89/2015/TT-BGTVT, which was amended and supplemented under Clause 5, Article 1 of Circular No. 23/2020/TT-BGTVT, as follows:

“3. When submitting the dossier via the online public service system, the dossier components mentioned in Clause 1 of this Article are replaced by electronic documents.”.

6. Amending and supplementing Clause 3, Point a Clause 5, Point b Clause 5 Article 9 of Circular No. 89/2015/TT-BGTVT, which have been amended and supplemented under Clause 5, Article 1 of Circular No. 23/2020/TT-BGTVT, as follows:

a) Amending and supplementing Clause 3, Article 9 of Circular No. 89/2015/TT-BGTVT, which was amended and supplemented under Clause 5, Article 1 of Circular No. 23/2020/TT-BGTVT, as follows:

“3. The designing establishment shall receive the design appraisal results as follows:

a) In cases of receiving the results directly at the headquarter of the Quality Management Agency or by post: 01 design appraisal certificate; written explanation about the technical design and drawings (01 copy in the case where the designing establishment is also the manufacturing establishment or 02 copies in the case where the designing establishment is other than the manufacturing establishment) of the design dossier;

b) In cases of receiving the results via the online public service system: 01 e-copy of the design appraisal certificate; 01 e-copy of the written explanation about the technical design and drawings of the design dossier.”.

b) Amending and supplementing Point a, Clause 5, Article 9 of Circular No. 89/2015/TT-BGTVT, which was amended and supplemented under Clause 5, Article 1 of Circular No. 23/2020/TT-BGTVT, as follows:

“a) A dossier of request for design appraisal shall comprise:

In cases of submitting the dossier via the online public service system: 01 written request made according to the form provided in Appendix XIVa to this Circular; 01 design dossier as prescribed in Clause 1, Article 8 of this Circular;

In cases of submitting the dossier directly or by post: 01 written request made according to the form provided in Appendix XIVa to this Circular; In addition to submitting 01 design dossier as prescribed in Clause 1, Article 4 of this Circular, the designing establishment must submit 01 document (or 02 documents if the designing establishment is other than the manufacturing establishment) as prescribed at Points a and b, Clause 1, Article 8 of this Circular.”.

c) Amending and supplementing Point b, Clause 5, Article 9 of Circular No. 89/2015/TT-BGTVT, which was amended and supplemented under Clause 5, Article 1 of Circular No. 23/2020/TT-BGTVT, as follows:

“b) Implementation order:

The designing establishment shall prepare 01 dossier of request for design appraisal in accordance with Point a, Clause 5 of this Article, and submit the dossier directly or by post or in other appropriate forms to the Vietnam Register.

The Vietnam Register shall receive and check the dossier. If the dossier is not complete as prescribed, the Vietnam Register shall return the dossier within 01 working day in cases of direct submission or within 02 working days from the date of receipt in cases of submission in other forms, and provide instructions for the designing establishment to complete the dossier. If the dossier is complete, the Vietnam Register shall receive and appraise the dossier.

The Vietnam Register shall perform the appraisal of the design dossier: checking and comparing contents of the design dossier with regulations, standards and technical regulations of the Minister of Transport on technical safety and environmental protection for special-use motorbikes. Within the time limit specified at Point c of this Clause, if the design dossier satisfies the requirements, the Vietnam Register shall grant a design appraisal certificate, made according to the form provided in Appendix IX to the Circular.

If the design dossier is complete but has contents not satisfying the requirements, the Vietnam Register shall notify the designing establishment in writing or via the online public service system of the reasons and such contents to complete the dossier. The designing establishment shall complete the design dossier and re-submit it within 30 working days from the date of being notified. Within the time limit specified at Point c of this Clause from the date of receiving a complete and sufficient dossier, the Quality Management Agency shall check and compare contents of the automobile design dossier with regulations, standards and technical specifications of the Minister of Transport on technical safety and environmental protection for special-use motorbikes. Within the time limit specified at Point c of this Clause, if the design dossier satisfies the requirements, the Quality Management Agency shall grant a design appraisal certificate, made according to the form provided in Appendix IX to this Circular; If the design dossier does not satisfy the requirements, the Quality Management Agency shall notify in writing or via the online public service system of refusal to grant the design appraisal certificate and clearly state the reasons.

After 30 working days from the date of being notified, if the designing establishment fails to modify the inappropriate contents of the design dossier, the Quality Management Agency shall cease to appraise the design dossier and notify the designing establishment in writing or via the online public service system of refusal to grant a design appraisal certificate. In order to continue the appraisal of the automobile design dossier, the designing establishment must submit the dossier again.".

7. Amending and supplementing Points b and c, Clause 2, Article 13 of Circular No. 89/2015/TT-BGTVT, which was amended and supplemented under Clause 5, Article 1 of Circular No. 23/2020/ TT-BGTVT, as follows:

a) Amending and supplementing Point b, Clause 2, Article 13 of Circular No. 89/2015/TT-BGTVT, which was amended and supplemented under Clause 5, Article 1 of Circular No. 23/2020/TT-BGTVT, as follows:

“b) The Vietnam Register shall receive and check components of the certification registration application. If the dossier is not complete according to regulations, the Vietnam Register shall return the dossier within 01 working day from the date of receipt in cases of direct submission, or 02 working days from the date of receipt in cases of submission via the online public service system, and provide instructions for the enterprise to complete the dossier. If the dossier is complete, the Vietnam Register shall receive the dossier to check the dossier contents."

b) Amending and supplementing Point c, Clause 2, Article 13 of Circular No. 89/2015/TT-BGTVT, which was amended and supplemented under Clause 5, Article 1 of Circular No. 23/2020/TT-BGTVT, as follows:

“c) The Vietnam Register shall check contents of the dossier and results of the COP assessment within 07 working days. If the dossier is complete and valid according to regulations and has the satisfactory COP assessment results, the Vietnam Register shall grant a certificate, made according to the form provided in Appendix XIII to this Circular within the time limit specified in Clause 3 of this Article. If the dossier content is invalid, the Vietnam Register shall notify the manufacturing establishment to supplement and complete the dossier. If the COP assessment results are not available, the Vietnam Register shall notify the enterprise to carry out the COP assessment in accordance with Article 12 of this Circular.

Within 06 months from the date of being notified, the enterprise shall modify the inappropriate dossier contents (including the performance of the COP assessment if the COP assessment results are not available) and re-submit it to the Vietnam Register. Within 07 working days from the date of receiving a complete and sufficient dossier and the COP assessment results, the Vietnam Register shall check the dossier contents and the COP assessment results. If the dossier is complete and valid according to regulations and the COP assessment results satisfy the requirements, the Vietnam Register shall grant a certificate, made according to the form provided in Appendix XIII to this Circular within the time limit specified in Clause 3 of this Article; If the dossier has inappropriate contents, the Vietnam Register shall notify the enterprise of refusal to grant a certificate and clearly state the reasons. After 06 months from the date of being notified, if the enterprise fails to modify the inappropriate contents as notified, the Vietnam Register shall cease to examine and assess the dossier or to assess the COP, and notify the enterprise in writing or via the online public service system of refusal to grant a certificate. In order to apply for grant of a certificate, the enterprise must submit the dossier again.".

8. Amending and supplementing Clause 2, Article 16 of Circular No. 89/2015/TT-BGTVT as follows:

“2. Order and methods of carrying out the appraisal of converted vehicle design:

a) The designing establishment shall prepare the converted vehicle design dossier and submit it to the Register Station directly or by post or via the online public service system.

In cases of submitting the dossier via the online public service system: submit 01 converted vehicle design dossier in electronic form as prescribed in Clause 1 of this Article;

In cases of submitting the dossier directly or by post: in addition to submitting 01 converted vehicle design dossier specified in Clause 1 of this Article, the designing establishment must submit 01 document specified at Point c, Clause 1 of this Article.

b) The Register Station shall receive and check components of the converted vehicle design dossier. If the dossier is not complete according to regulations, the Register Station shall return the dossier within 01 working day from the date of receipt in cases of direct submission or return the dossier within 02 working days from the date of receipt in cases of submission via the online public service system, and provide instructions for the designing establishment to complete the dossier. If the dossier is complete, the Register Station shall receive the dossier to appraise the dossier contents.

c) Within 07 working days from the date of receiving a complete and sufficient converted vehicle design dossier, the Register Station shall check and assess the converted vehicle design dossier. If the dossier satisfies the requirements, the Register Station shall grant a certificate of converted design appraisal, made according to the form provided in Appendix XVII to this Circular within 03 working days from the date on which the dossier assessment results satisfy the requirements.

If the design dossier is complete but has unsatisfactory contents, the Register Station shall notify the designing establishment in writing or via the online public service system of the reasons and such unsatisfactory content to complete the dossier. The designing establishment shall modify the converted vehicle design dossier and submitting it within 30 working days from the date of notification and re-submit it to the Register Station. Within 07 working days from the date of receiving a complete and sufficient design dossier, the Register Station shall check and assess the converted vehicle design dossier. Within 03 working days from the date on which the design dossier appraisal results are available, if the design dossier satisfies the requirements, the Register Station shall grant a certificate of converted design appraisal, made according to the form provided in Appendix XVII to this Circular; If the design dossier does not satisfy the requirements, the Register Station shall notify the designing establishment in writing or via the online public service system of refusal to grant a design appraisal certificate and clearly state the reasons. After 30 working days from the date of being notified, if the designing establishment fails to modify the inappropriate contents of the converted vehicle design dossier, the Register Station shall cease to appraise the design dossier and notify the designing establishment in writing or via the online public service system of refusal to grant a converted design appraisal certificate. In order to the appraisal of the converted vehicle design dossier, the designing establishment must submit the dossier again;

d) The designing establishment shall receive the design appraisal results as follows: In case of receiving the results directly at the Register Station headquarters or by post: 01 design appraisal certificate; 01 set of documents that have been appraised as mentioned at Point c, Clause 1 of this Article; In case of receiving the results via the online public service system: 01 e-copy of design appraisal certificate; 01 e-copy of the document mentioned at Point c, Clause 1 of this Article.”.

9. Amending and supplementing Clause 2, Article 17 of Circular No. 89/2015/TT-BGTVT as follows:

"2. The Register Station (that has appraised the design) shall prepare an inspection record on the basis of checking and comparing the converted vehicle with the converted vehicle design dossier that has been appraised and checked the technical safety and environmental protection quality according to technical regulations and standards on technical safety and environmental protection for special-use motorbikes; If any item of the vehicle does not satisfy the requirements, the Register Station shall notify the establishment to complete it.”.

10. Adding Clause 4 to Article 18 of Circular No. 89/2015/TT-BGTVT as follows:

“4. Converted vehicle design dossier specified in Article 16 of this Circular after appraisal and converted vehicle inspection record shall be archived at the Register Station according to regulations from the date of granting the technical safety and environmental protection quality certificate for converted vehicle.”.

11. Adding Clause 7 to Article 25 of Circular No. 89/2015/TT-BGTVT as follows:

“7. For design appraisal, acceptance and grant of technical safety and environmental protection quality certificates for converted vehicles, the Register Station shall:

a) Organize and carry out the design appraisal of converted vehicles, acceptance and grant of technical safety and environmental protection quality certificates for converted vehicles in accordance with this Circular.

b) Report and provide complete dossiers and data to serve the inspection of design appraisal, acceptance and grant of certificates and vehicle conversion upon request.”.

c) Uniformly print and manage all types of blanks for converted design appraisal certificates, and technical safety and environmental protection certificates for converted vehicles.".

12. Amending and supplementing Clause 2, Article 26 of Circular No. 89/2015/TT-BGTVT as follows:

"2. Ensuring to keep the vehicle's original status when imported so that the Vietnam Register may perform quality inspection; preparing the vehicle at the inspection location (having drivers and ensuring a safe space during the inspection)".

13. Amending and supplementing Clauses 2 and 8, Article 27 of Circular No. 89/2015/TT-BGTVT, which was amended and supplemented under Clause 7, Article 1 of Circular No. 23/2020/TT-BGTVT, as follows:

a) Amending and supplementing Clause 2, Article 27 of Circular No. 89/2015/TT-BGTVT, which was amended and supplemented under Clause 7, Article 1 of Circular No. 23/2020/TT-BGTVT, as follows:

"2. Dossiers related to vehicle conversion must be kept for at least 02 years, from the date of granting the technical safety and environmental protection quality certificate for converted vehicles.”.

b) Amending and supplementing Clause 8, Article 27 of Circular No. 89/2015/TT-BGTVT, which was amended and supplemented under Clause 7, Article 1 of Circular No. 23/2020/TT-BGTVT, as follows:

"8. Carrying out the recall for manufactured and assembled vehicles in accordance with Article 16 of Circular No. 25/2019/TT-BGTVT dated July 5, 2019 of the Minister of Transport prescribing technical safety and environmental protection quality inspection in automobile manufacture and assembly or carrying out the recall for imported vehicles in accordance with Clause 2, Article 8 of Circular No. 03/2018/TT-BGTVT dated January 10, 2018 of the Minister of Transport prescribing technical safety and environmental protection quality inspection for imported automobiles subject to Decree No. 116/2017/ND-CP.” .

14. Replacing Appendix XVII and Appendix XVIII to Circular No. 89/2015/TT-BGTVT respectively with Appendix 7 and Appendix 8 to this Circular.

Article 8. Amending and supplementing a number of articles of Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport prescribing technical safety and environmental protection quality inspection for imported motor vehicles (hereinafter referred to as Circular No. 31/2011/TT-BGTVT), Circular No. 55/2014/TT-BGTVT dated October 20, 2014 of the Minister of Transport amending and supplementing a number of articles of Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport prescribing technical safety and environmental protection quality inspection for imported motor vehicles (hereinafter referred to as Circular No. 55/2014/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of the Minister of Transport amending and supplementing a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of the Minister of Transport amending and supplementing a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT)

1. Amending the name of Article 9 as follows:

“Article 9. Handling of inspection and recall results”.

2. Adding Clause 5 to Article 9 as follows:

“5. For vehicles subject to recall as prescribed in Clause 1, Article 8 of Circular No. 03/2018/TT-BGTVT dated January 10, 2018 of the Minister of Transport prescribing technical safety and environmental protection quality inspection for imported automobiles subject to Decree No. 116/2017/ND-CP (Circular No. 03/2018/TT-BGTVT), the vehicles shall be recalled in accordance with Clause 2, Article 8 of Circular No. 03/2018/TT-BGTVT.”.

Article 9. Amending and supplementing a number of articles of Circular No. 44/2012/TT-BGTVT dated October 23, 2012 of the Minister of Transport prescribing technical safety and environmental protection quality inspection for imported motorbikes and mopeds, or imported engines used to manufacture and assemble motorbikes and mopeds (hereinafter referred to as Circular No. 44/2012/TT-BGTVT), Circular No. 19/2014/TT-BGTVT dated May 28, 2014 of the Minister of Transport amending and supplementing a number of articles of Circular No. 23/2009/TT-BGTVT dated October 15, 2009 of the Minister of Transport prescribing technical safety and environmental protection quality inspection for special-use motorbikes, Circular No. 44/2012/TT-BGTVT dated October 23, 2012 of the Minister of Transport prescribing technical safety and environmental protection quality inspection for imported motorbikes and mopeds, or imported engines used to manufacture and assemble motorbikes and mopeds, and Circular No. 41/2013/TT-BGTVT dated November 5, 2013 of the Minister of Transport prescribing technical safety quality inspection for electric bikes (hereinafter referred to as Circular No. 19/2014/TT-BGTVT) and Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of the Minister of Transport amending and supplementing a number of articles of Circulars in the field of registration and inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT)

1. Amending and supplementing Clause 1, Article 3 of Circular No. 44/2012/TT-BGTVT as follows:

“1. Motorbikes and mopeds are types of motor vehicles operating on roads prescribed in the National Technical Regulation QCVN 14:2015/BGTVT on technical safety and environmental protection for motorbikes and mopeds.”.

2. Amending and supplementing Clause 2, Article 5 of Circular No. 44/2012/TT-BGTVT as follows:

“2. Contents of inspection and testing:

a) Vehicle inspection and testing contents are carried out in accordance with the National Technical Regulation QCVN 14:2015/BGTVT.

In which:

Exemption from separate testing for components as prescribed in section: 2.4.1; 2.4.2; 2.6.1; 2.6.2; 2.11.2; 2.15.3; 2.16.3; 2.18.1.5; 2.18.2.1; 2.18.2.4.

Vehicle emissions testing specified in section 2.19.1 is carried out in the cases where: The vehicle does not have documents related to emissions as prescribed at Point d, Clause 1, Article 4 of this Circular; or the vehicle has documents related to emissions but the documents do not fully show the testing applicable to that type of vehicle, as prescribed in the National Technical Regulation QCVN 04:2009/BGTVT on emission of gaseous pollutants from new assembled, manufactured or imported motorbikes and mopeds, for motorbikes and mopeds (except two-wheeled motorbikes), or the National Technical Regulation QCVN 77:2014/BGTVT on the third level of gaseous pollutant emission for new assembled, manufactured and imported two-wheeled motorbikes; The vehicle's structure does not comply with emission-related documents.

Exemption from the evaporation testing specified in QCVN 04:2009/BGTVT or QCVN 77:2014/BGTVT for motorbikes and mopeds.

b) Contents of engine inspection and testing shall comply with the National Technical Regulation QCVN 37:2010/BGTVT on motorbike or moped engines, or the National Technical Regulation QCVN 90: 2019/BGTVT on engines used for electric motorbikes and mopeds.”.

3. Amending and supplementing the title of Article 6, Clause 2, Point b Clause 3, adding Point d to Clause 3, Article 6, and adding Clause 4 to Article 6 of Circular No. 44/2012/TT-BGTVT as follows:

a) Amending the title of Article 6 of Circular No. 44/2012/TT-BGTVT as follows:

“Article 6. Order and procedures for grant of import and recall quality certificates”.

b) Amending and supplementing Clause 2, Article 6 of Circular No. 44/2012/TT-BGTVT, which was amended under Clause 2, Article 6 of Circular No. 42/2018/TT-BGTVT, as follows:

"2. The Quality Inspection Agency shall receive and check contents of the inspection registration dossier, and notify the importer of the results within 01 working day from the date of receiving the dossier. If the dossier is complete according to regulations, the Quality Inspection Agency shall certify in the written request for inspection. If the dossier is not complete according to regulations, the Quality Inspection Agency shall return the dossier when the results are available, and notify and instruct the importer to supplement or complete the dossier.

Within 03 working days from the date of receiving the inspection request, the Quality Inspection Agency shall agree with the importer on the time and location of the inspection.".

c) Amending and supplementing Point b, Clause 3, Article 6 of Circular No. 44/2012/TT-BGTVT, which was amended under Clause 3, Article 6 of Circular No. 42/2018/TT-BGTVT as follows:

“b) For vehicles and engines that do not comply with this Circular, the Quality Inspection Agency shall issue a notification of import quality failure, made according to the form provided in Appendixes Va and Vb to this Circular.”.

d) Adding Point d to Clause 3, Article 6 of Circular No. 44/2012/TT-BGTVT as follows:

“d) In the cases where imported vehicles are damaged during transportation from a foreign country into Vietnam, the importing establishment may repair the following items: paint layers that are scratched or partially oxidized but not damaged or punctured; cracked or broken rearview mirrors; cracked or broken lighting and signal systems; missing control relays; and non-working batteries.”.

e) Adding Clause 4 to Article 6 of Circular No. 44/2012/TT-BGTVT as follows:

“4. For imported vehicles or imported engines subject to recall as prescribed in Clause 1, Article 8 of Circular No. 03/2018/TT-BGTVT dated January 10, 2018 of the Minister of Transport prescribing technical safety and environmental protection quality inspection for imported automobiles subject to Decree No. 116/2017/ND-CP (Circular No. 03/2018/TT-BGTVT), the recall shall be carried out in accordance with Clause 2, Article 8 of Circular No. 03/2018/TT-BGTVT.”

Article 10. Effect

1. This Circular takes effect from February 15, 2024.

2. Imported electric bikes; imported motorbikes and mopeds, or imported motorbike and moped engines arriving at Vietnamese ports or border gates before the effective date of this Circular shall be implemented as follows:

a) Imported electric bikes shall comply with Circular No. 41/2013/TT-BGTVT, Circular No. 19/2014/TT-BGTVT, Circular No. 42/2018/TT-BGTVT and Circular No. 16 /2022/TT-BGTVT;

b) Imported motorbikes and mopeds, or imported motorbike and moped engines shall comply with Circular No. 44/2012/TT-BGTVT, Circular No. 19/2014/TT-BGTVT and Circular No. 42/2018/TT-BGTVT.

3. Design appraisal dossiers, product registration dossiers or certification registration dossiers of manufactured and assembled motor vehicles, electric bikes and components used for motor vehicles that have been submitted before the effective date of this Circular shall be implemented as follows:

a) Manufactured and assembled automobiles subject to the Government’s Decree No. 116/2017/ND-CP dated October 17, 2017 on requirements for manufacturing, assembly and import of automobiles and trade in automobile warranty and maintenance services (hereinafter referred to as Decree No. 116/2017/ND-CP) and parts used for automobiles shall comply with Circular No. 25/2019/TT-BGTVT;

b) Manufactured and assembled automobiles not subject to Decree No. 116/2017/ND-CP, trailers and semi-trailers and parts used for automobiles shall comply with Circular No. 30/2011/TT-BGTVT, Circular No. 54/2014/TT-BGTVT and Circular No. 16/2022/TT-BGTVT;

c) Manufactured and assembled motorbikes and mopeds, and parts used for motorbikes and mopeds shall comply with Circular No. 45/2012/TT-BGTVT, Circular No. 42/2018/TT -BGTVT and Circular No. 16/2022/TT-BGTVT;

d) Manufactured and assembled four-wheeled motorized cargo vehicles and parts used for four-wheeled motorized cargo vehicles shall comply with Circular No. 16/2014/TT-BGTVT, Circular No. 42/2018/TT-BGTVT and Circular No. 16/2022/TT-BGTVT;

dd) Manufactured and assembled electric bikes shall comply with Circular No. 41/2013/TT-BGTVT, Circular No. 19/2014/TT-BGTVT, Circular No. 42/2018/TT-BGTVT, and Circular No. 16/2022/TT-BGTVT;

e) Manufactured and assembled four-wheeled motorized passenger vehicles shall comply with Circular No. 86/2014/TT-BGTVT, Circular No. 42/2018/TT-BGTVT and Circular No. 16/2022 /TT-BGTVT;

g) Manufactured and assembled special-use motorbikes shall comply with Circular No. 89/2015/TT-BGTVT, Circular No. 42/2018/TT-BGTVT and Circular No. 23/2020/TT-BGTVT.

Article 11. Organization of implementation

The Chief of the Ministry Office, the Chief Inspector of the Ministry, the Directors of Departments, the General Director of the Vietnam Register, and heads of relevant agencies, organizations and individuals shall implement this Circular./.

For the Minister

The Deputy Minister

LE DINH THO

Appendix 1

(Issued together with Circular No. 49/2023/TT-BGTVT dated December 31, 2023 of the Minister of Transport)

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APPENDIX IV

ITEMS AND SUBJECTS OF INSPECTION, TESTING AND CERTIFICATION

Appendix 2

(Issued together with Circular No. 49/2023/TT-BGTVT dated December 31, 2023 of the Minister of Transport)

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APPENDIX VII

LIST OF MINIMUM EQUIPMENT REQUIRED FOR TESTING
EX-WORKSHOP QUALITY OF MOTOR VEHICLES

Note:

x: Applicable (the equipment for ex-workshop quality inspection devices according to the above list must be suitable for the type of vehicle manufactured and assembled at the manufacturing establishment);

- : Inapplicable;

(1) Establishments manufacturing motor vehicles from base vehicles that have been inspected and granted certificates may inspect vehicles using equipment at motor vehicle register centers;

(2) Mandatorily applicable to establishments manufacturing vehicles with independent suspension systems; Not mandatorily applicable to establishments manufacturing vehicles from base vehicles but during the manufacturing process there is no impact or change related to the wheel angle;

(3) Not applicable to establishments that manufacture and assemble vehicles from base automobiles (except for chassis automobiles without a cockpit);

(4) Mandatorily applicable to establishments manufacturing passenger vehicles; Not mandatorily applicable to establishments manufacturing vehicles from base passenger vehicles and the vehicle manufacturing process does not change the body structure of the vehicle or affect the tightness of the base vehicle;

(5) For establishments manufacturing vehicles from base automobiles that have sliding tables to support vehicle undercarriage inspection or equipment with similar features, such equipment is allowed to replace lift bridges or undercarriage inspection pit.

Appendix 3

(Issued together with Circular No. 49/2023/TT-BGTVT dated December 31, 2023 of the Minister of Transport)

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APPENDIX IX

ITEMS OF SUPERVISION IN EX-FACTORY QUALITY INSPECTION

Note: Items marked "X" must be checked, items marked "-" may not be checked; ⁽¹⁾ - Supervision and inspection with probability of 5%; ⁽²⁾ – Road test driving are only performed when errors related to assembly quality between parts, part groups or the vehicle has strange noises and the manufacturer is responsible for ensuring safety during the test driving; (3) – Testing of watertightness from the outside for cars and passenger vehicles is only performed in cases where the vehicle has changes related to the body structure that affect the tightness of the vehicle.

Appendix 4

(Issued together with Circular No. 49/2023/TT-BGTVT dated December 31, 2023 of the Minister of Transport)

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APPENDIX VI

LIST OF MINIMUM EQUIPMENT FOR EX-WORKSHOP QUALITY OF MOTORBIKES AND MOPEDS

Note:

(*) Equipment for ex-workshop quality inspection must be suitable for the type of vehicle being manufactured and assembled.

Appendix 5

(Issued together with Circular No. 49/2023/TT-BGTVT dated December 31, 2023 of the Minister of Transport)

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APPENDIX XI

FORM OF RECORD OF STATUS OF FOUR-WHEELED MOTORIZED PASSENGER AUTOMOBILES VIOLATING REGULATIONS IN DECREE NO. ......./......../ND-CP

RECORD OF STATUS OF IMPORTED FOUR-WHEELED MOTORIZED PASSENGER AUTOMOBILES VIOLATING REGULATIONS IN DECREE

NO. ......./......../ND-CP

At the request of ……………………………………………………………………

Today, (date)…., at…….....................………………………………………………

………………………………………………………………………………………

The Vietnam Register inspects the following vehicle:

- Trade mark/ Vehicle’s type No.: ………………………………………………….

- Chassis No: …………………………… Engine No.: ……………………….....

- Registered No. for inspection.: ………………. Declaration No: …………………..

Based on the inspection results, relevant papers and applicable regulations, the Vietnam Register recognizes that this vehicle has been violated to the Government's Decree No…../…./ND-CP dated….../....../, specifically as follows:

…………………………………………………………………………………………

…………………………………………………………………………………………

This record is made into two (02) original copies, the quality inspection agency keeps one (01) and the importer keeps one (01).

Appendix 6

(Issued together with Circular No. 49/2023/TT-BGTVT dated December 31, 2023 of the Minister of Transport)

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APPENDIX XII

FORM OF NOTICE OF IMPORTED LOW-SPEED VEHICLE'S VIOLATION OF DECREE

NO. …../20..../ND-CP

NOTICE

OF IMPORTED LOW-SPEED VEHICLE'S VIOLATION OF DECREE

NO. …../20..../ND-CP

Vehicle's status:

Importer:

Address:

Vehicle's type:

Trade mark: Commercial name:

Model code:

Chassis No: Engine No:

Production country:          Production year:

Customs declaration No/date: /

Inspection date/site: /

Inspection record No:

Registered No for inspection:

This Imported Low-speed Vehicles has been violated to the ......./20..../ND-CP Decree issued by Vietnam Government on ........, 20.....

Description of Violation:

Note: Colors and patterns on the Certificate are decided by the Vietnam Register.

Appendix 7

(Issued together with Circular No. 49/2023/TT-BGTVT dated December 31, 2023 of the Minister of Transport)

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APPENDIX XVII

FORM OF CERTIFICATE OF CONVERTED DESIGN APPRAISAL

CERTIFICATE OF CONVERTED DESIGN APPRAISAL

Based on the design dossier No.:

Based on the appraisal results in the appraisal record No:

THE REGISTER STATION …..

Certifies:

Design mark:

Designing establishment:

Address:

Special-use motorbike: Trade mark:

Chassis No: Engine No.:

Registration number plate: (if granted)

Vehicle owner:

Vehicle owner’s address:

Note: Colors and patterns on the Certificate are decided by the Register Station.