Decree 60/2023/ND-CP inspection of technical safety quality, environmental protection of imported cars

DECREE

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^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Local Administration;

Pursuant to the April 9, 2016 Law on Treaties;

Pursuant to the November 21, 2007 Law on Product and Goods Quality;

In furtherance of the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union;

In furtherance of the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland;

At the request of the Minister of Transport;

The Government promulgates the Decree 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.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the inspection and certification of technical safety and environmental protection quality of automobiles and automobile parts and equipment imported under the Agreements to which Vietnam is a contracting party and concurrently on the List of products and goods likely to become unsafe under the state management by the Ministry of Transport. The Agreements include:

1. The Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA).

2. The Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland (UKVFTA).

Article 2. Subjects of application

1. This Decree applies to importers and agencies, organizations and individuals engaged in the management, inspection and certification of technical safety and environmental protection quality of automobiles and automobile parts and equipment imported under the Agreements referred to in Article 1 of this Decree to which Vietnam is a contracting party.

2. The provisions of this Decree do not apply to automobiles and automobile parts and equipment imported for national defense and security purposes under plans approved by the Prime Minister.

Article 3. Interpretation of terms

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

1. Automobiles means unused whole automobiles of category M1 specified at Point a, Clause 1, Article 1 of Annex 2-B to the EVFTA.

2. Parts means unused complete components, systems and details of automobiles specified at Points a and b, Clause 1, Article 1 of Annex 2-B to the EVFTA.

3. Unused parts means complete components, systems and details that have not been used to manufacture or assemble automobiles or for any other purposes.

4. Unused automobiles means automobiles that have not been registered for circulation before being imported into Vietnam.

5. Vehicle type approval (VTA) certificate means a certificate of type approval for automobiles under regulations of the United Nations Economic Commission for Europe (UNECE) or European Commission (EC) (including also documents on safety and environmental protection).

6. Type approval (TA) certificate means a certificate of type approval for parts and equipment under regulations of the UNECE (including also documents attached thereto).

7. Conformity of production (COP) statement means a valid document showing results of the COP audit conducted by foreign authorities at production facilities under regulations of the UNECE or EC (for automobiles) or UNECE (for parts and equipment).

8. COP audit report means a document on satisfactory results of the COP audit at production facilities conducted by foreign authorities and serves as a basis for the issuance of a COP statement.

9. Foreign authorities means authorities that are approved, accredited or recognized in accordance with foreign laws as having the function of issuing VTA certificates, TA certificates and COP statements for enterprises manufacturing or assembling imported automobiles or parts and equipment.

10. Importer means an organization or individual that imports automobiles and parts and equipment in accordance with law.

11. Certificate of conformity (CoC) under regulations of the EC or declaration of conformance (DoC) under regulations of the UNECE means a document issued by the manufacturer to each automobile when leaving the factory.

12. Automobiles of the same type means automobiles that have the same basic technical specifications stated in their CoCs and the same type approval number as stated in their VTA certificates under regulations of the UNECE or EC.

13. Parts and equipment of the same type means parts and equipment that have the same type approval number stated in their TA certificates under regulations of the UNECE.

14. Certificate of origin (C/O) means a document issued by an authority of the country or territory of the exported goods to indicate that the goods originate from the European Union or the United Kingdom of Great Britain and Northern Ireland.

15. VIN decoding chart means a document of the automobile manufacturer explaining characters shown in VIN number for each vehicle type.

16. Automobile recall means an action taken by an importer under the authorization of a foreign manufacturer for automobiles that have defects during the design, engineering, manufacturing or assembly process and have been sold to the market in order to remedy and prevent possible dangers.

17. Inspection agency means the Vietnam Register that shall take charge of organizing the inspection and certification of technical safety and environmental protection quality of imported automobiles and imported parts and equipment under this Decree.

Chapter II

PROCESS OF AND PROCEDURES FOR INSPECTION AND
CERTIFICATION OF TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION QUALITY

Article 4. Inspection registration dossiers (in the paper or electronic form)

1. An inspection registration dossier for imported automobiles must comprise:

a/ A written registration for inspection of technical safety and environmental protection quality for imported automobiles, made according to the form provided Appendix I to this Decree;

b/ An information sheet of imported motor vehicles, made according to the form provided in Appendix IV to this Decree;

c/ The original CoC issued for each automobile;

d/ The VTA certificate;

dd/ The COP statement issued to the automobile manufacturer;

e/ The C/O;

g/ The manufacturer’s VIN decoding chart;

h/ Commercial invoices enclosed with the list of goods;

i/ Import declaration form, for paper dossiers, or serial number and date of the import declaration form, for electronic dossiers.

The documents specified at Points d, dd, e, g, h and i, Clause 1 of this Article must be copies certified by the importer.

2. An inspection registration dossier for imported parts and equipment must comprise:

a/ A written registration for inspection of technical safety and environmental protection quality for imported parts and equipment, made according to the form provided in Appendix II to this Decree;

b/ An information sheet of parts and equipment, made according to the form provided in Appendix XII to this Decree; photos of parts and equipment of each type (photos of the whole product from two opposite sides and photos of stamps, labels and symbols on the product);

c/ The COP statement issued to the manufacturer of parts and equipment;

d/ The TA certificate;

dd/ The C/O;

e/ Commercial invoices enclosed with a list of goods;

g/ The import declaration form, for paper dossiers, or serial number and date of issuance of the import declaration form, for e-dossiers.

The documents specified at Points c, d, dd, e, and g, Clause 2 of this Article are copies certified by the importer.

Article 5. Inspection registration procedures and methods

1. Submission of an inspection registration dossier

a/ For imported automobiles

The importer shall make and submit an inspection registration dossier under Clause 1, Article 4 of this Decree to the inspection agency online via the National Single Window Portal (e-dossiers). In force majeure cases, the importer may submit a paper dossier to the inspection agency.

For automobile types imported into Vietnam for the first time, at the time of inspection registration, the importer shall provide the documents specified at Points a, b, c, d, dd, e, g and h, Clause 1, Article 4 of this Decree (particularly for the DoC, in case of submission of an e-dossier, the importer shall submit 1 copy for each vehicle type on the National Single Window Portal and additionally submit original DoCs of all vehicles in the import shipment to the inspection agency before the latter carries out physical inspection of vehicles). The document specified at Point i, Clause 1, Article 4 of this Decree shall be submitted when physical inspection is requested.

For vehicle types for which a technical safety and environmental protection quality certificate for imported motor vehicles has been granted under this Decree, at the time of inspection registration, the importer shall provide the documents specified at Points a, b, c, e and h, Clause 1, Article 4 of this Decree, particularly for the DoC, in case of submitting an e-dossiers, the importer shall submit 1 copy for each vehicle type on the National Single Window Portal and additionally submit original DoCs of all vehicles in such import shipment to the inspection agency before the latter carries out physical inspection of vehicles). The document specified at Point i, Clause 1, Article 4 of this Decree shall be submitted when the physical inspection is requested. The importer shall provide the serial number of the technical safety and environmental protection quality certificate for imported motor vehicles issued by the inspection agency for a vehicle of the same type which is included in the first-time inspection registration dossier for the inspection agency to retrieve documents to serve the inspection.

When the COP statement expires, the importer shall additionally submit a new COP statement. If failing to provide a new COP statement, the importer shall provide a COP audit report and additionally submit a valid COP statement within 90 days.

b/ For imported parts and equipment

For parts and equipment imported into Vietnam for the first time, the importer shall make 1 inspection registration dossier under Clause 2, Article 4 of this Decree and submit it to the inspection agency via the National Single Window Portal (e-dossier). In force majeure cases, the importer may submit a paper dossier to the inspection agency.

At the time of inspection registration, the importer shall provide the documents specified at Points a, c, d, dd and e, Clause 2, Article 4 of this Decree. The documents specified at Points b and g shall be submitted within 15 working days from the date of customs clearance of goods.

For types of parts and equipment that have been issued a notice of exemption from inspection of technical safety quality under this Decree, the importer may be exempted from opening an inspection registration dossier but once every 12 month have to send a report on the import of parts and equipment, made according to the form provided in Appendix VIII to this Decree, to the inspection agency for monitoring. The inspection agency may carry out unscheduled inspection of imported shipments when detecting technical safety quality violations or receiving complaints or denunciations about the technical safety quality of imported parts and equipment.

2. Receipt of inspection registration dossiers

The inspection agency shall receive and examine the composition of an inspection registration dossier and notify examination results within 1 working day, specifically as follows: In case the inspection registration dossier is complete under regulations, the inspection agency shall affix its signature on the registration form for inspection of technical safety and environmental protection quality, then the system shall automatically issue an inspection registration number and send it to the National Single Window Portal (for e-dossiers) or the inspection agency shall issue an inspection registration number, affix its signature on the registration form for inspection of technical safety and environmental protection quality and and return it to the importer (for paper dossiers) for the latter to carry out import procedures with the border-gate customs office. In case the inspection registration dossier is incomplete as required, the inspection agency shall send a notice, made according to the form provided in Appendix III to this Decree, via the National Single Window Portal (for e-dossiers) or in paper form (for paper dossiers) to the importer for the latter to supplement or modify the dossier.

The inspection agency may refuse to accept an inspection registration dossier in the following cases: imported automobiles or parts and equipment pose a safety or an environmental threat; the importer fails to present the vehicle of its previous shipment for inspection and 15 days has passed since the date of opening the inspection registration dossier (except for force majeure cases). In these cases, the inspection agency shall send a notice, made according to the form provided in Appendix III to this Decree, via the National Single Window Portal (for e-dossiers) or in paper form (for paper dossiers) to the importer.

3. Inspection

a/ For imported automobiles

The importer shall send to the inspection agency a written confirmation of the inspection schedule, made according to the form provided in Appendix XI to this Decree, enclosed with the serial number and date of issuance of the import declaration form (for e-dossiers), via the National Single Window Portal or a written confirmation of the inspection schedule, made according to the form provided in Appendix XI to this Decree, enclosed with a copy of the import declaration form (for paper dossiers). The inspection agency shall carry out the inspection within 1 working day from the date of scheduled inspection as requested by the importer in the written confirmation of inspection schedule. In force majeure cases (natural disasters, epidemics, etc.) where it is impossible to carry out the inspection, the inspection agency shall reach agreement with the importer before carrying out inspection in an appropriate time.

The inspection shall be as follows:

The inspection agency shall check the consistency of contents of the documents in the inspection registration dossier, check randomly 1 sample of each vehicle type in the inspection registration dossier against its DoC, and check the chassis and engine numbers of all vehicles. In case the documents in the inspection registration dossier are inconsistent or the vehicle does not match that stated in the inspection registration dossier, within 4 working days, the inspection agency shall send a notice, made according to the form provided in Appendix III to this Decree, via the National Single Window Portal (for e-dossiers) or in paper form (for paper dossiers) to the importer for dossier supplementation or modification or cancellation before carrying out import procedures for imported automobiles beyond the scope of regulation of this Decree.

For automobiles equipped with advanced driver assistance systems (ADAS), if finding these systems not yet suitable for use in Vietnam, the manufacturer shall recommend and instruct the importer to deactivate part or all of these systems after completing import procedures and the importer shall provide sufficient information to customers.

b/ For imported parts and equipment: The inspection agency shall examine the dossier within 7 working days from the date of receipt of sufficient documents as specified. If the dossier is not valid, the inspection agency shall send a notice, made according to the form provided in Appendix III to this Decree, via the National Single Window Portal (for e-dossiers) or in paper form (for paper dossiers) to the importer for dossier supplementation or modification.

4. Grant of technical safety and environmental protection quality certificate for imported motor vehicles (below referred to as certificate)

Within 4 working days after the inspection is completed with satisfactory results and the dossier evaluated as complete and valid under regulations, the inspection agency shall grant a certificate on the National Single Window Portal (for e-dossiers) or in paper form (for paper dossiers) for each vehicle in the imported vehicle shipment. Such a certificate shall be made according to the form provided in Appendix V to this Decree.

For imported automobiles that are banned from import under the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, the inspection agency shall issue notices of motor vehicles on the list of vehicles banned from import, made according to the form provided in Appendix VI to this Decree, on the National Single Window Portal (for e-dossiers) or in paper form (for paper dossiers).

5. Issuance of a notice of exemption from technical safety quality inspection for imported parts and equipment (below referred to as exemption notice): Within 4 working days after the dossier is evaluated complete and valid under regulations, the inspection agency shall issue an exemption notice, made according to the form provided in Appendix VII to this Decree, on the National Single Window Portal (for e-dossiers) or in the paper form (for paper dossiers). The validity duration of such an exemption notice is equal to that of the COP statement.

6. Handling of cases of delay in presenting vehicles for inspection: Past 15 days from the date of opening the inspection registration dossier, if the importer fails to present the vehicles for inspection, the inspection agency shall notify such to the related customs office for coordinated inspection at the place where the vehicles are preserved so as to obtain a basis for issuance of the inspection result statement and completion of customs procedures for the shipment.

Article 6. Principles of the issuance of certificates

1. For e-dossiers: To issue certificates in the paper form when related agencies have yet to carry out the connection of e-data with the inspection agency for use.

2. For paper dossiers, a certificate shall be issued with the following copies: a copy for filing, a copy for use in the completion of customs procedures, and a copy for use in the registration fee collection and vehicle registration.

3. Certificates (in the electronic or paper form) may be used for the following purposes: completion of customs procedures; collection of the registration fee; vehicle registration; first-time circulation inspection or completion of other procedures upon requests of competent agencies.

Article 7. Regulations on re-grant/re-issuance of certificates and exemption notices

1. A certificate or an exemption notice shall be re-granted/re-issued in case it is lost, damaged or expires.

2. An importer shall submit 1 dossier of request for re-grant/re-issuance of a certificate or an exemption notice to the inspection agency through the National Single Window Portal. In force majeure cases, the importer may submit a paper dossier to the inspection agency. Such a dossier must comprise:

a/ A written request for re-issuance of the exemption notice, made according to the form provided in Appendix IX to this Decree (for expired exemption notices); or a written request for re-grant/re-issuance of the certificate or exemption notice, made according to the form provided in Appendix X to this Decree (for lost or damaged certificates or exemption notices);

b/ The original certificate or exemption notice (for damaged certificates or exemption notices);

c/ The newly renewed COP statement (for expired exemption notices).

3. Method of re-granting/re-issuing a lost certificate or exemption notice

a/ In case the request dossier is complete under regulations, within 4 working days, the inspection agency shall notify thereof in writing to the importer and customs, tax and public security offices. In case the dossier is incomplete, the inspection agency shall guide the importer to complete it.

b/ After 24 working days from the date of issuance of the document specified at Point a of this Clause, if receiving no response from related agencies, the inspection agency shall issue a copy (of the paper or electronic version) of the certificate or exemption notice. In case of refusal to re-grant/re-issue the certificate or exemption notice, the inspection agency shall issue a written reply, clearly stating the reason for refusal.

4. Method of re-granting/re-issuing a damaged certificate or exemption notice:  In case the request dossier is complete under regulations, the inspection agency shall re-grant/re-issue  the original certificate or exemption notice within 4 working days. In case of refusal to re-grant/re-issue the certificate or exemption notice, the inspection agency shall issue a written reply, clearly stating the reason for refusal.

5. Method of re-issuing an expired exemption notice

Within 4 working days after the request dossier is evaluated complete and valid, the inspection agency shall issue a new exemption notice with a validity duration equal to that of the new COP statement.

In case the importer remains unable to provide a new COP statement, it shall provide a COP audit report. Within 4 working days after the dossier is evaluated as complete and valid, the inspection agency shall issue a one-time exemption notice which is valid for 90 days.

Article 8. Regulations on recall of automobiles with technical defects

1. Automobiles subject to recall include:

a/ Automobiles recalled under announcements of manufacturers;

b/ Automobiles recalled at the request of the inspection agency. The inspection agency’s recall request shall be made on the basis of specific evidences and results of the verification of information and feedback on technical safety and environmental protection quality of imported automobiles.

2. Responsibilities of the importer

In case automobiles that have been sold to the market have technical errors subject to recall, the importer shall:

a/ Within 5 working days after receiving a recall notice from the manufacturer or from the inspection agency, notify such in writing to sales agents, requesting them not to sell to the market automobiles that are subject to recall but have not yet had their errors fixed;

b/ Within 10 working days after receiving a recall notice from the manufacturer or the inspection agency, send to the inspection agency a written report on causes of technical errors; remedial measures; number of automobiles subject to recall; and an appropriate recall plan;

c/ Take the initiative in implementing, and comply with, the recall plan, and at the same time, fully and promptly publicize information on the recall plan and the list of automobiles subject to recall on its website and websites of sales agents.

3. Responsibilities of the inspection agency:

a/ To notify in writing the importer of the receipt of the recall plan and additional requirements on the recall plan (if any);

b/ To request the importer to carry out the recall;

c/ To publish information on automobiles subject to recall on its website;

d/ To monitor and inspect the implementation of the recall plan by the importer;

dd/ To temporarily suspend quality certification procedures in case the importer fails to perform the responsibilities specified in Clause 2 of this Article;

e/ To consider halting the performance of procedures for inspection and certification of technical safety and environmental protection quality for automobiles of the same manufacturer, provided that the importer provides evidences that the manufacturer fails to coordinate in implementing the recall plan;

g/ For automobiles that are subject to recall but have not yet been granted certificates by the inspection agency, the inspection agency shall notify thereof to the customs office where import declaration forms are opened for the latter to temporarily release goods for the importer to fix errors on these vehicles. After the importer provides a list of automobiles that have had their errors fixed under the manufacturer’s regulations, the inspection agency shall further proceed with specified inspection and certification procedures.

Chapter III

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS

Article 9. Responsibilities of importers

1. To take responsibility for the truthfulness, accuracy, validity and legality of documents they provide to the inspection agency.

2. To take responsibility for the quality of goods in accordance with law for the goods they import.

3. To keep imported automobiles in status quo for the inspection agency to carry out the inspection.

4. To coordinate with the inspection agency in the process of technical safety and environmental protection quality inspection.

5. To notify the agency managing the National Single Window Portal of incidents occurring in e-transactions conducted on the National Single Window Portal for coordinated handling.

6. To pay charges, fees and service prices in accordance with law.

7. To report in writing to the inspection agency on an annual basis and immediately after the vehicle recall is completed.

Article 10. Responsibilities of the inspection agency

1. To uniformly issue and manage certificates and take responsibility for inspection and certification results.

2. To carry out unscheduled inspection of imported parts and equipment shipments when detecting, or receiving complaints or denunciations about, inferior quality of imported goods.

3. To coordinate with importers and the agency managing the National Single Window Portal in handling incidents involving e-transactions on the Portal under regulations.

4. To collect charges, fees and service prices related to inspection and issuance of certificates in accordance with law.

5. To preserve dossiers in accordance with law.

6. To summarize results of the technical safety and environmental protection quality inspection of imported automobiles for reporting to the Ministry of Transport.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 11. Effect

1. This Decree takes effect on October 1, 2023, and applies to the following particular objects:

a/ For parts and equipment: From the effective date of this Decree.

b/ For automobiles: From August 1, 2025.

2. This Decree does not apply to imported automobile parts and equipment and automobiles arriving at Vietnamese ports or border gates before the effective date of this Decree.

Article 12. Organization of implementation

1. The Ministry of Transport shall organize and guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA

* The appendices to this Decree are not translated.