Circular No. 05/2020/TT-BGTVT amending and supplementing certain articles of Circular No. 03/2018/TT-BGTVT dated January 10, 2018 on technical safety quality inspection and environmental protection for imported automobiles under the scope of Decree No. 116/2017/NĐ-CP.

Circular

Amending and supplementing certain đArticle of Circular No. 03/2018/TT-BGTVT dated January 10, 2018 stipulates technical quality and environmental protection inspection requirements for imported vehicles subject to Decree No. 116/2017/NĐ-CP ng imported motor vehicles fall under the scope of Decree No. 116/2017/NĐ-CP

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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

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

Pursuant to the Environmental Protection Law on June 23, 2014;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Law on Product Quality and Goods, đArticle of the Law on Product Quality Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government and Decree No. 154/2018/NĐ-CP dated November 9, 2018 amending, supplementing, and abolishing certain regulations on investment conditions and business operations under the management of the Ministry of Science and Technology and certain specialized inspection regulations; đArticle of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government and Decree No. 154/2018/NĐ-CP dated 0Pursuant to Decree No. 69/2018/NĐ-CP dated May 15, 2018 detailing certain provisions of the Law on Foreign Trade Management;

Based on Decree No. 69/2018/NĐ-CP dated May 15, 2018 detailing certain provisions of the Law on Foreign Trade Management;

On the basis of Decree No. 69/2018/NĐ-CP dated May 15, 2018, issued by the Government detailing certain provisions of the Foreign Trade Management Law;

Pursuant to Decree No. 17/2020/NĐ-CP dated February 05 2020 of the Government amending and supplementing certain provisions of relevant decrees concerning investment and business conditions under the management of the Ministry of Industry and Trade;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decision No. 16/2019/QĐ-TTg dated March 28, 2019 of the Prime Minister stipulating the timeline for applying emission standards for motor vehicles participating in traffic and imported second-hand motor vehicles;;

the Director at the proposal of the Director of the Department of Science and Technology and the Director General of the Vietnam Motor Vehicle Inspection Agency;

The Minister of Transport issues this Circular amending and supplementing certain đof Circular No. 03/2018/TT-BGTVT dated January 10, 2018 stipulating technical quality and environmental protection inspection requirements for imported vehicles subject to Decree No. 116/2017/NĐ-CP.

Article 1. Amend and supplement certain đprovisions of Circular No. 03/2018/TT-BGTVT dated January 10, 2018 of the Minister of Transport stipulating technical quality and environmental protection inspection requirements for imported vehicles subject to Decree No. 116/2017/NĐ-CP (hereinafter referred to as Circular No. 03/2018/TT-BGTVT) as follows:

1. Amend Clause 11 of Article 3 as follows:

“1. Quality certificate are the documents specified from Form No. 01 to Form No. 03 attached to this Circular.”

2. Amend Point d of Clause 2 of Article 4 as follows:

“d) A copy of the documentation regarding the assessment of vehicle quality assurance conditions still in effect issued by the competent authority inspecting compliance with the type of imported product of the foreign manufacturing or assembly plant (applicable only in cases where imported vehicles are produced in countries that apply type approval certification methods as specified in Form No. 05 attached to this Circular).”

3. Amend Clause 2 of Article 5 as follows:

“2. For unused imported vehicles, they must be inspected by the competent authority as follows:

a) Sampling inspection and testing of prototype vehicles

The sampling inspection and testing of prototype vehicles apply to the first import of a type of vehicle into Vietnam, subsequent cycles of prototype inspection and testing for vehicles imported from countries that apply type approval certification systems as specified in Form No. 06 attached to this Circular, and a cycle of 36 months for vehicles imported from countries that apply self-certification systems. Specific contents of the inspection and testing are as follows:

- Inspect the consistency of the contents of the Factory Quality Inspection Certificates of actual vehicles of the same type within the imported batch; inspect the chassis number and engine number of each vehicle in the imported batch according to the registration inspection file; randomly select representative vehicles for each type within the imported batch to compare the actual technical parameters of the vehicle with the contents of the registration inspection file;

- The inspection agency randomly selects one or two prototype vehicles (in case the enterprise requests using one sample for safety testing and another for emission testing) representing each type within the imported batch that has been inspected for the importing enterprise to bring to testing facilities. The sampling process must be documented in accordance with Form No. 04 attached to this Circular for the importing enterprise to present when working with testing facilities. Emission testing shall be conducted in accordance with National Technical Regulation QCVN 86: 2015/BGTVT "National Technical Regulation on Emission Standards Level 4 for New Motor Vehicles" (excluding evaporative emissions tests). Safety technical quality testing shall be conducted in accordance with National Technical Regulation QCVN 09:2015/BGTVT "National Technical Regulation on Safety Technical Quality and Environmental Protection for Motor Vehicles";QCVN 10:2015/BGTVT "National Technical Regulation on Safety Technical Quality and Environmental Protection for City Bus Vehicles"; QCVN 82:2019/BGTVT "National Technical Regulation on City Buses for People with Disabilities to Access and Use"; and current laws (excluding testing of parts such as rearview mirrors, glass, headlights, tires, alloy wheels, fire-resistant materials, and fire-resistant structure).

b) Probability inspection method

The probability inspection method applies to imported batches not subject to prototype vehicle testing and inspection. Specific contents of the inspection are as follows:

Inspect the consistency of the contents of the Factory Quality Inspection Certificates; inspect the chassis number and engine number of each vehicle in the imported batch according to the registration inspection file; randomly select one sample for each type to inspect and compare the actual technical parameters and structure of the vehicle with the test reports and emission testing results as stipulated in Decision No. 16/2019/QĐ-TTg dated March 28, 2019 of the Prime Minister stipulating the timeline for applying emission standards for motor vehicles participating in traffic and imported second-hand motor vehicles.

c) The verification and comparison of the actual structure of the sample vehicle with the test reports specified in point b of this clause may be replaced by the verification and comparison of the structure of the sample vehicle with the vehicle that has been issued a test report through the manufacturer's software. In cases where the technical specifications or structure of the sample vehicle differ from the test reports and are not consistent with the principle of determining vehicles of the same type as stipulated in Appendix II attached hereto, the method of Sample Vehicle Inspection and Testing shall be applied. In cases where the exhaust structure differs from the exhaust test report but still conforms to the principle of determining vehicles of the same type as stipulated in Appendix II attached hereto, exhaust testing must be conducted unless there is a change in the part code related to exhaust emissions, but documentation from the vehicle or part manufacturer indicates that such changes do not alter the function and structure related to exhaust emissions.

d) The evaluation of quality assurance conditions for foreign automobile manufacturing and assembly enterprises for production plants shall be carried out as follows:

The quality management agency shall conduct a COP assessment based on the criteria set forth in the IATF 16949 standard "Requirements for Quality Management Systems for Organizations Producing Automotive Parts and Services," including the following contents:

- Assessing the completeness and suitability of production and assembly process guidelines, quality inspection process guidelines, and quality control procedures from component input inspection, quality inspection at each stage, and final product quality inspection; corrective and preventive action procedures; file storage and file control procedures for quality inspection records. The assessment of inspection items and quality inspection standards for final product release is based on the manufacturer's requirements to ensure that mass-produced vehicles comply with the test model;

- Evaluating the actual operation of the quality inspection system during production, assembly, and quality inspection; the ability to trace the origin of materials, parts, production time, and vehicle release time;

- Evaluating the quality inspection business and the use of final product quality inspection equipment by quality inspectors.

After evaluating the above contents, the inspection agency shall notify the importer enterprise and the production facility in writing of the COP assessment results and the time for the next assessment. The period for the next assessment is defined as 36 months from the date of notification of the satisfactory COP assessment result.

Exemption from COP assessment applies if the imported vehicle types produced at the same production plant of the overseas production facility have already undergone COP assessment, provided that the technological processes and inspection procedures have not undergone significant changes or are simpler than those of previously assessed product types.

đ) For imported vehicle types produced in countries applying the self-certification management method as specified in Model No. 05 of the Appendix attached hereto, during the interim period between the 36-month cycles, the inspection agency shall, in coordination with the importer, randomly select samples from dealerships or warehouses of the importer (belonging to completed import batches) to conduct safety and environmental protection technical tests for each vehicle type. The sampling must be documented according to Model No. 04 of the Appendix attached hereto for the importer to present when working with the testing facility. If the test results do not meet the requirements, the importer must implement a recall according to regulations, and subsequent batches of the same type must comply with the provisions of point h of Clause 2 of Article 2 of this Decree.

e) Imported vehicles with quality conformity certification results from countries or regions with which Vietnam has signed mutual recognition agreements in the field of vehicle quality certification shall be implemented according to the agreement.

g) For imported vehicle types produced in countries applying type certification methods but not yet evaluated by the inspection agency under the provisions of point d of this clause, or for imported vehicle types produced in countries not applying type certification methods or self-certification management methods, the Sample Vehicle Inspection and Testing method shall be applied to each batch.

h) For vehicle types with sample vehicle inspection and testing results that do not meet the requirements, the Sample Vehicle Inspection and Testing method must be applied to the next three batches of the same type. If the sample vehicle inspection and testing results of the three consecutive batches of the same type meet the requirements, the cycle for applying the Sample Vehicle Inspection and Testing method for the next batch is defined in Model No. 06 of the Appendix attached hereto.

i) In cases where complaints arise based on grounds related to technical safety and environmental protection quality, the quality inspection agency shall apply the Sample Vehicle Inspection and Testing method to the next batch of the same type of imported vehicles. If the inspection and testing results meet the requirements, the cycle for applying the Sample Vehicle Inspection and Testing method for the next batch is defined in Model No. 06 of the Appendix attached hereto. If the test results do not meet the requirements, the provisions of point h of Clause 2 of this Article shall be applied to subsequent batches of the same type of imported vehicles.

4. Amend and supplement Clause 1 and Clause 5 of Article 6 as follows:

a. Amend and supplement Clause 1 of Article 6 as follows:

"1. Submit registration documents for inspection."

a) The importing enterprise shall establish one set of registration inspection files in accordance with the prescribed regulations and submit them to the inspection authority either directly or through electronic registration procedures. At the time of registering for inspection, the importing enterprise must provide the documents specified from point a to point e of Clause 1, Article 4 of this Circular for used vehicles; the documents specified at point a and from point c to point i of Clause 2, Article 4 of this Circular for new vehicles; a copy of the import goods declaration form for paper-based files or the number, month, and year of the import goods declaration form for electronic files when requesting actual inspections, and the remaining documents of the file must be supplemented before the inspection authority issues the quality certificate.

b) For the Quality Assurance Test Report, the enterprise shall submit one copy online for each type and model, and supplement the original copies of all vehicles to the inspection authority prior to the actual vehicle inspection.

c) In cases where the importing entity has obtained a Certificate of Technical Safety and Environmental Protection for Imported Motor Vehicles for a specific type and model in accordance with this Circular, it is exempted from submitting the documents specified at point c, i of Clause 2, Article 4 and a copy of the documentation on the results of the quality assurance condition assessment as specified at point d of Clause 2, Article 4 of this Circular. The importing entity is responsible for providing the Certificate of Technical Safety and Environmental Protection for Imported Motor Vehicles issued for the same type and model within the initial registration inspection file, along with all required documents to enable the inspection authority to trace the necessary documentation for inspection purposes.

b) Amend and supplement Clause 5 of Article 6 as follows:

“5. Issuing Quality Certificates

Within no more than four working days from the date of completing the inspection and receiving all relevant documents as the basis for certification, the inspection authority shall issue quality certificates (in paper or electronic form) as follows:

a) Issue a Certificate of Technical Safety and Environmental Protection for Imported Motor Vehicles for each vehicle in the entire imported batch according to the format specified in Model No. 01 of the Appendix attached to this Circular. Specifically, for test-drive cars, the Certificate of Technical Safety and Environmental Protection for Imported Motor Vehicles shall include the note "This vehicle was used for testing in Vietnam".

c) Issue a Notification of Non-Conformity with Technical Safety and Environmental Protection Standards for Imported Motor Vehicles according to Model No. 02 of the Appendix attached to this Circular, and simultaneously send it to the customs authority for handling in accordance with the regulations for: vehicles of the same type in the imported batch that have at least one of the two test results regarding emissions and safety quality not meeting the requirements; used vehicles whose actual inspection results do not meet the standards or are not registered for circulation in EU, G7 countries, or countries with equivalent or higher emission standards than those currently in force in Vietnam.

d) Issue a Notification of Imported Motor Vehicles Prohibited from Importation according to Model No. 03 of the Appendix attached to this Circular, and simultaneously send it to the customs authority for handling.”

5. Amending and supplementing Clause 4 of Article 7 as follows:

“During the inspection and certification process, if a prohibited imported motor vehicle as stipulated in Decree No. 69/2018/NĐ-CP is discovered, the inspection authority shall record evidence that the vehicle belongs to the list of banned imports, and issue a notification of imported motor vehicles prohibited from importation according to Model No. 03 of the Appendix attached to this Circular. The inspection, classification, and sampling of the batch of other vehicles will continue to be carried out in accordance with the regulations.”

6. Amend and supplement Item 11.2 and 11.3 of Appendix IV as follows:

“Conduct exhaust gas testing in accordance with Decision No. 16/2019/QĐ-TTg dated March 28, 2019 of the Government Chairman, which sets out the roadmap for applying exhaust emission standards for automobiles participating in traffic and imported used automobiles.”

7. Replace Appendices V, VI, VII, VIII of Circular No. 03/2018/TT-BGTVT with Models No. 01, 02, 03, 04 issued together with the Appendix of this Circular; and supplement Models 05, 06 to the Appendix issued together with this Circular.

Article 2. Repeal kamend 12, kamend 13 Article 3 and đcheck b kamend 2 Article 4 of Circular No. 03/2018/TT-BGTVT.

Article 3. Effectiveness

This Circular takes effect from April 15, 2020.

Article 4. Transitional Provisions

1. Imported automobiles with the date of opening the import goods declaration under the Law on Customs and arrival at Vietnamese ports or border gates before February 5, 2020 shall be inspected and issued quality certificates in accordance with Circular No. 03/2018/TT-BGTVT.
2. Imported automobiles with the date of opening the import goods declaration under the Law on Customs or arrival at Vietnamese ports or border gates from February 5, 2020 shall be inspected and issued quality certificates in accordance with Decree No. 17/2020/NĐ-CP and this Circular.
3. Batches of imported automobile types that have been inspected and certified as compliant under Circular No. 03/2018/TT-BGTVT shall apply the Sampling Inspection method. The cycle for applying the Sampling Inspection and testing representative vehicles for the next batch of imported automobiles from countries implementing type approval systems as specified in Model No. 06 of the Appendix attached to this Circular and the cycle for imported automobiles from countries implementing self-certification systems is 36 months. The start date of the cycle is based on the date of issuance of the Certificate of Technical Safety and Environmental Protection for Imported Motor Vehicles for the most recent batch of the same type and model as stipulated in Circular No. 03/2018/TT-BGTVT.
4. Documentation on the results of the quality assurance condition assessment as specified in Clause 2, Article 1 of this Circular is exempted from application for six months starting from February 5, 2020.
5. Quality Certificates already issued for imported motor vehicles under Circular No. 03/2018/TT-BGTVT remain valid for use in customs procedures, pre-registration taxes, vehicle registration, initial circulation inspections, or other procedures upon request by authorized authorities.

Article 5. Responsibilities for Implementation

1. The Head of the Ministry’s Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Motor Vehicle Inspection Agency, and the Heads of related agencies and organizations shall be responsible for implementing this Circular.
2. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replacing documents.
3. During the implementation process, if any difficulties arise, organizations and individuals shall promptly report them to the Ministry of Transport for guidance and resolution./.