Decree No. 116/2017/ND-CP on conditions for production, assembly, importation, and warranty and maintenance services for automobiles

DECREE

||| Regulations on conditions for production, assembly, importation, and provision of warranty and maintenance services for automobiles

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 Pursuant to the Law on Government Organization No. 76/2015/QH13 dated June 19, 2015;

Pursuant to the Investment Law number 67/2014/QH13 dated November 26, 2014;

Pursuant to the Law No. 03/2016/QH14 November 22, 2016 amending and supplementing Article 6 and Appendix 4 on the list of business sectors subject to conditions under the Investment Law;

the Director at the proposal of the Minister of Industry and Trade and the Minister of Transport,

Article 1. Subjects"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."the Government promulgates this Decree stipulating conditions productionconditions for production, assembly, importation, and provision of warranty and maintenance services for automobiles.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates conditions for production, assembly, and importation of automobiles; and provision of warranty and maintenance services for automobiles for enterprises producing, assembling, and importing automobiles.

Article 2. Applicability

1. This Decree applies to enterprises producing, assembling, importing, and providing warranty and maintenance services for automobiles in Vietnam and related agencies, organizations, and individuals.

2. The business conditions prescribed in this Decree shall not apply to organizations and individuals engaged in the production, assembly, and importation of the following types of automobiles:

- For defense and security purposes;

- From chassis with a driver's cabin or from complete automobiles that have been certified for technical safety and environmental protection;

- Not participating in public transportation, only operating within limited areas.

b) Imported automobiles:

- For defense and security purposes according to plans by

3. This Decree does not apply to automobile service centers that do not provide warranty and maintenance services for enterprises producing, assembling, and importing automobiles.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. An automobile is a type of motorized road transport vehicle, including various types of passenger cars, buses, trucks, and specialized vehicles defined in TCVN 6211: Road Transport Vehicles - Types - Terminology and Definitions; TCVN 7271: Road Transport Vehicles - Passenger Cars - Classification According to Purpose of Use and Chassis.

2. A chassis is an unfinished automobile capable of self-propulsion, with or without a driver's cabin, without cargo space, without passenger compartments, and without specialized equipment.

3. Production and assembly of automobiles means:

a) The process of creating complete automobiles, chassis with a driver's cabin, and chassis without a driver's cabin (with engine mounted) from components, sub-assemblies, parts, and systems;

b) The process of creating complete automobiles and chassis with a driver's cabin from chassis without a driver's cabin.

4. Recall of automobiles refers to actions taken by automobile manufacturing, assembly, and import enterprises to address defects in design, manufacture, production, and assembly of automobiles already supplied to the market in order to prevent potential hazards.

5. Collection of scrapped automobiles involves receiving and collecting scrapped automobiles for management and disposal in accordance with laws on environmental protection.

6. Warranty is the legal obligation of automobile manufacturing, assembly, and import enterprises to ensure the quality of automobiles sold under certain conditions.

7. Maintenance is work carried out in accordance with the guidance of automobile manufacturing and assembly enterprises to maintain the normal operational state of automobiles.

8. An automobile service center is an organization that provides warranty and maintenance services for automobiles in compliance with the provisions of this Decree.

9. Imported used automobiles are automobiles registered for circulation in the exporting country before arriving at the Vietnamese customs border.

10. A consignment of imported automobiles consists of automobiles included in a single customs declaration for automobile imports by an importing enterprise.

11. Certificate of Quality for Imported Automobile Models is the result of inspection, testing, and certification by authorized foreign agencies regarding the technical safety and environmental protection of imported automobile models into Vietnam.

12. Copy is understood as:

b) Copy presented alongside the original for verification (in cases of direct submission);

Article 4. Warranty and maintenance responsibilities for automobiles of automobile manufacturing, assembly enterprises and automobile import enterprises

1. Automobile manufacturing, assembly enterprises and automobile import enterprises shall fulfill their warranty responsibilities for automobiles in accordance with the provisions of the law on protecting consumer rights.

2. For new automobiles not previously used, the minimum warranty period shall be three years or 100,000 kilometers for passenger cars, two years or 50,000 kilometers for commercial vehicles, and one year or 30,000 kilometers for other types of automobiles, whichever comes first.

3. For imported used automobiles, the minimum warranty period shall be two years or 50,000 kilometers for passenger cars, and one year or 20,000 kilometers for other types of automobiles, whichever comes first.

4. Enterprises shall have the responsibility to disclose information about the warranty period, contents, and conditions; maintenance cycles and work contents; addresses of warranty and maintenance facilities that meet the requirements stipulated in this Decree and other necessary information to serve warranty and maintenance services.

Article 5. Responsibilities for recalling and withdrawing scrapped automobiles

1. Automobile manufacturing, assembly enterprises and automobile import enterprises must recall automobiles in accordance with the provisions of the law.

2. All costs related to the recall of automobiles shall be borne by automobile manufacturing, assembly enterprises and automobile import enterprises.

3. Automobile manufacturing, assembly enterprises and automobile import enterprises must withdraw scrapped automobiles in accordance with the provisions of the law on environmental protection.

Article 6. Responsibilities for ensuring technical safety quality and environmental protection for domestically produced and assembled automobiles and imported automobiles

1. For domestically produced and assembled automobiles:

a) In cases where the type of automobile has changes in convenience and aesthetics but does not alter the technical safety parameters and environmental protection standards used as the basis for issuing the type approval certificate, the automobile manufacturing and assembly enterprise may use the results of certification already obtained from the competent authority for the previous type of automobile;

b) Parts, assemblies, components, and sub-assemblies of automobiles within the scope of application of national technical regulations must be tested and certified according to corresponding national technical regulations in Vietnam;

c) In cases where parts, assemblies, components, and sub-assemblies imported from abroad have been certified for quality compliance by countries or regions with which Vietnam has mutual recognition agreements in the field of vehicle certification, such agreements shall be followed;

d) Types of parts, assemblies, components, and sub-assemblies imported for automobiles, if certified by the Vietnamese quality management agency for the legitimate representative in Vietnam of the foreign manufacturing enterprise, domestic automobile manufacturing and assembly enterprises may use these types without retesting or recertification;

đ) The results of automobile quality inspection and certification, as well as those of parts, assemblies, components, and sub-assemblies, are valid for a period of thirty-six months.

2. For imported automobiles:

a) Imported new automobiles

- When conducting inspections and tests, the automobile import enterprise must provide the quality management agency with the following documents: A copy of the Type Approval Certificate for imported automobiles issued by the competent authority or organization abroad; The original Quality Inspection Certificate issued by the foreign automobile manufacturing and assembly enterprise for each automobile; Documentation on the assessment of quality assurance conditions by the foreign automobile manufacturing and assembly enterprise for the factory producing the imported automobile type, valid and issued by the competent authority or organization abroad;

- Imported new automobiles must be inspected by the quality management agency according to regulations for each batch of imported vehicles. Representative models of each type of automobile in the batch of imported vehicles must be tested and inspected for emissions and technical safety quality according to regulations. If the tested and inspected model does not meet the emission and technical safety quality regulations, the import enterprise must re-export all automobiles of the same type in that batch of imported vehicles;

- Imported automobiles with certification of quality compliance from countries or regions with which Vietnam has mutual recognition agreements in the field of vehicle certification shall follow such agreements.

b) Imported used automobiles - Imported used automobiles must be registered for circulation in countries with emission standards equivalent to or higher than the current Vietnamese emission standards; - Imported used automobiles must be individually inspected for technical safety quality and environmental protection according to regulations; - When conducting inspection procedures, the import enterprise of used automobiles must provide the quality management agency with the Registration Certificate for Circulation still valid before export issued by the competent authority or organization abroad or other documents of equivalent legal value.

3. The Ministry of Transport shall specify and guide the implementation of inspections for technical safety quality and environmental protection for domestically produced and assembled automobiles and imported automobiles.

Chapter II

PROVISIONS ON THE CONDITIONS FOR MANUFACTURING AND ASSEMBLING MOTOR VEHICLES

Article 7. Conditions for manufacturing and assembling motor vehicles

An enterprise established in accordance with the provisions of the law shall be granted a Certificate of Eligibility for Manufacturing and Assembling Motor Vehicles when it meets the following conditions:

1. Infrastructure:

a) The enterprise must have lawful rights to use the factory premises, assembly production lines, welding lines, painting lines, quality control lines, and test tracks for motor vehicles that meet the minimum requirements set out in Appendix I attached hereto;

b) It must have a warranty and maintenance facility owned by the enterprise, or leased by the enterprise, or part of the authorized dealer network of the enterprise, in compliance with the provisions of this Decree.

2. The technical managers of the motor vehicle manufacturing and assembly production lines must hold a bachelor's degree or higher in mechanical engineering or automotive engineering and have at least five years of experience in the field of motor vehicle manufacturing and assembly.

3. It must have sufficient human resources and measures to ensure workplace safety and hygiene in accordance with the laws on workplace safety and hygiene.

4. It must meet the safety conditions for fire prevention and firefighting, and have firefighting plans in compliance with the laws on fire prevention and firefighting.

5. It must have all environmental protection documents for the motor vehicle manufacturing and assembly plant that have been approved by the competent authority in accordance with the laws on environmental protection.

Article 8. Issuance of the Certificate of Eligibility for Manufacturing and Assembling Motor Vehicles

1. The Ministry of Industry and Trade is the competent authority to issue the Certificate of Eligibility for Manufacturing and Assembling Motor Vehicles.

2. The application dossier for the Certificate of Eligibility for Manufacturing and Assembling Motor Vehicles includes:

a) Application form for the Certificate of Eligibility for Manufacturing and Assembling Motor Vehicles (Form No. 01 in Appendix II attached hereto): one original copy;

c) List of complete production and assembly lines equipment in compliance with point a, Clause 1, Article 7 of this Decree: one copy;

d) Dossier explaining and designing the layout of the production area and factory premises: one copy;

đ) Dossier explaining and designing the test track for motor vehicles: one copy;

e) Professional qualifications of the technical managers of the production and assembly lines: one copy;

g) Documents proving that the enterprise has a warranty and maintenance facility meeting the conditions stipulated in this Decree: one copy;

h) Documents proving compliance with the conditions for workplace safety and hygiene, fire prevention, firefighting, and environmental protection in accordance with the laws: one copy.

3. Procedure for issuing the Certificate of Eligibility for Manufacturing and Assembling Motor Vehicles:

b) In case the dossier is incomplete or does not comply with the regulations, within five working days from the date of receipt of the dossier, the Ministry of Industry and Trade will issue a written request for the enterprise to supplement and complete the dossier in accordance with the regulations;

d) The Certificate of Eligibility for Manufacturing and Assembling Motor Vehicles (Form No. 04 in Appendix II attached hereto) will be issued within five working days from the date of the final approval of the dossier and on-site inspection. In case of refusal to issue the certificate, the Ministry of Industry and Trade will respond in writing and specify the reasons;

Article 9. Issuance of a New Certificate of Eligibility for Automobile Production and Assembly

1. A new Certificate of Eligibility for Automobile Production and Assembly shall be issued in cases where there is a change in the information recorded on the existing certificate.

2. The application dossier for the issuance of a new Certificate of Eligibility for Automobile Production and Assembly includes:

a) An Application Form for the Issuance of a New Certificate of Eligibility for Automobile Production and Assembly (Form No. 02 attached as Appendix II to this Decree): one original copy;

c) Relevant documents proving the changes.

3. Procedures for issuing a new Certificate of Eligibility for Automobile Production and Assembly:

b) In case the dossier is incomplete or does not comply with the regulations, within five working days from the date of receipt of the dossier, the Ministry of Industry and Trade will issue a written request for the enterprise to supplement and complete the dossier in accordance with the regulations;

c) In cases where an on-site inspection at the enterprise is required, within five working days from the date of receipt of a complete and valid dossier, the Ministry of Industry and Trade will notify the time and conduct the inspection. The inspection period shall not exceed ten working days from the notification date;

4. Within two working days from the date of receiving the new Certificate of Eligibility for Automobile Production and Assembly, the enterprise is responsible for returning the original previously issued certificate to the Ministry of Industry and Trade.

Article 10. Reissuance of the Certificate of Eligibility for Automobile Production and Assembly

1. In cases where the Certificate of Eligibility for Automobile Production and Assembly is lost or damaged, the application dossier for reissuance includes an Application Form for Reissuance of the Certificate of Eligibility for Automobile Production and Assembly, stating clearly the reason for loss, misplacement, or damage (Form No. 03 attached as Appendix II to this Decree): one original copy.

2. Procedures for reissuing the Certificate of Eligibility for Automobile Production and Assembly:

b) In case the dossier is incomplete or does not comply with the regulations, within five working days from the date of receipt of the dossier, the Ministry of Industry and Trade will issue a written request for the enterprise to supplement and complete the dossier in accordance with the regulations;

Article 11. Periodic and Spot Inspections of Enterprises Engaged in Automobile Production and Assembly

1. Periodic Inspections The Ministry of Industry and Trade shall take the lead in organizing inspection teams with relevant agencies to inspect enterprises holding Certificates of Eligibility for Automobile Production and Assembly nationwide every twenty-four months.

2. Spot Inspections The Ministry of Industry and Trade shall organize spot inspection teams with relevant agencies to inspect enterprises engaged in automobile production and assembly in the following circumstances:

a) Upon receiving credible reports that such enterprises have violated business conditions as prescribed in this Decree;

b) Upon receiving a request from a competent authority.

3. Inspection Content: Evaluation of the maintenance of operations and business conditions of enterprises engaged in automobile production and assembly according to the registered contents and those already certified, including: legal document review, physical facility inspection, production line technology inspection, and compliance with the provisions of this Decree.

4. All inspection contents must be documented in an Inspection Report (Form No. 09 attached as Appendix II to this Decree). In case of discovering violations, the inspection team is responsible for recommending relevant authorities to handle them according to regulations.

Article 12. Suspension of Effectiveness and Revocation of Certificate of Adequate Conditions for Automobile Manufacturing and Assembly

1. Suspension of effectiveness of the Certificate of Adequate Conditions for Automobile Manufacturing and Assembly issued to enterprises in the following cases:

a) Failure to maintain business conditions as prescribed in this Decree during operation;

b) Non-compliance with legal provisions on automobile recall, warranty, and scrapping;

c) Failure to comply with reporting requirements as stipulated in Clause 5, Article 13 of this Decree. Within six months from the date of suspension of effectiveness of the Certificate of Adequate Conditions for Automobile Manufacturing and Assembly, if the enterprise fully rectifies the violation, it will be considered for cancellation of the suspension of effectiveness of the Certificate.

2. Revocation of the Certificate of Adequate Conditions for Automobile Manufacturing and Assembly issued to enterprises in the following cases:

a) Dissolution or bankruptcy as prescribed by law;

b) The competent authority revokes the Enterprise Registration Certificate or other documents of equivalent legal value;

c) Providing inaccurate or forged information in the application for the Certificate of Adequate Conditions for Automobile Manufacturing and Assembly;

d) Lending, borrowing, or arbitrarily modifying the content of the Certificate of Adequate Conditions for Automobile Manufacturing and Assembly;

đ) Not engaging in automobile manufacturing and assembly activities for a continuous period of twelve months from the date of issuance of the Certificate of Adequate Conditions for Automobile Manufacturing and Assembly;

e) Non-compliance with legal provisions on automobile recall, scrapping, and product warranty;

g) Failure to fully rectify violations stipulated in Clause 1 of this Article within six months from the date of suspension of effectiveness of the Certificate of Adequate Conditions for Automobile Manufacturing and Assembly.

3. Suspension of effectiveness and revocation of the Certificate of Adequate Conditions for Automobile Manufacturing and Assembly shall be carried out according to the Decision of the Minister of Industry and Trade. The Decision must clearly state the reasons for suspension of effectiveness and revocation of the Certificate.

4. Within five working days from the date of receipt of the decision to revoke the Certificate of Adequate Conditions for Automobile Manufacturing and Assembly, the enterprise must return the original Certificate to the Ministry of Industry and Trade.

5. The Ministry of Industry and Trade has the responsibility to notify the inspection agency and publicly announce the suspension of effectiveness and revocation of the Certificate of Adequate Conditions for Automobile Manufacturing and Assembly.

6. For enterprises that have had their Certificate of Adequate Conditions for Automobile Manufacturing and Assembly revoked and wish to obtain a new Certificate, they must follow the procedures and formalities as prescribed in Article 8 of this Decree.

Article 13. Responsibilities of Enterprises Issued the Certificate of Adequate Conditions for Automobile Manufacturing and Assembly

1. Maintain business conditions and ensure compliance with obligations regarding automobile warranty, maintenance, recall, and scrapping as prescribed in this Decree.

2. Comply with periodic and spot inspections conducted by the competent authority.

3. Establish a quality management system in accordance with ISO 9001:2015 or equivalent within the production process within twelve months from the date the enterprise was issued the Certificate of Adequate Conditions for Automobile Manufacturing and Assembly.

4. Provide buyers with the following documents and papers:

a) User manuals of the automobile manufacturing and assembly enterprise in Vietnamese;

b) Warranty booklets specifying information on warranty duration and conditions; maintenance cycles and contents; addresses of warranty and maintenance facilities, and other necessary information for warranty and maintenance services.

5. Report to the Ministry of Industry and Trade on the situation of automobile manufacturing and assembly before January 30 each year (Form No. 10 Appendix II promulgated together with this Decree) or provide ad hoc reports as required by the Ministry of Industry and Trade.

Chapter III

RULES ON IMPORTING MOTOR VEHICLES

Article 14. General Provisions on Importing Motor Vehicles

1\. Only enterprises shall be considered for issuance of the Business License for Importing Motor Vehicles.

Article 15. Conditions for Importing Motor Vehicles

An enterprise established in accordance with the law shall be granted the Business License for Importing Motor Vehicles when it meets the following conditions:

1\. Having a warranty and maintenance facility for motor vehicles owned by the enterprise, or leased by the enterprise, or part of the authorized dealer network of the enterprise, in compliance with the provisions of this Decree.

2\. Having a confirmation letter or documentation proving that the enterprise has the authority to act on behalf of foreign motor vehicle manufacturing and assembly enterprises to issue recalls of imported motor vehicles in Vietnam as provided for in Clause 2 of Article 15 of this Decree.

Article 16. Issuance of the Business License for Importing Motor Vehicles

1\. The Ministry of Industry and Trade is the competent authority to issue the Business License for Importing Motor Vehicles.

2\. The application dossier for the Business License for Importing Motor Vehicles includes:

a\. Application form for the Business License for Importing Motor Vehicles (Form No. 05 attached as Appendix II to this Decree): one original copy;

c\. Documentation proving that the enterprise meets the conditions for importing motor vehicles as prescribed in Article 15 of this Decree, specifically:

- Documentation proving that the enterprise has a warranty and maintenance facility for motor vehicles meeting the conditions stipulated in this Decree: one copy.

- Confirmation letter or documentation proving that the enterprise has the authority to act on behalf of foreign motor vehicle manufacturing and assembly enterprises to issue recalls of imported motor vehicles in Vietnam as provided for in Clause 2 of Article 15 of this Decree, legalized by the Vietnamese diplomatic mission abroad according to the law: one copy.

3\. Procedure for issuing the Business License for Importing Motor Vehicles:

b\. In cases where the application dossier is incomplete or does not comply with the regulations, within seven working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall issue a written request for the enterprise to supplement and complete the dossier in accordance with the regulations;

c\. Within ten working days from the date of receipt of a complete and valid dossier, the Ministry of Industry and Trade shall consider issuing the Business License for Importing Motor Vehicles to the enterprise (Form No. 08 attached as Appendix II to this Decree). If necessary, the Ministry of Industry and Trade shall notify the time for conducting verification of the conditions stipulated in Article 15 of this Decree. The verification period shall not exceed fifteen working days from the date of notification. Within five working days from the date of receiving the verification results, the Ministry of Industry and Trade shall consider issuing the Business License for Importing Motor Vehicles to the enterprise. In cases where the Business License for Importing Motor Vehicles is not issued to the enterprise, the Ministry of Industry and Trade shall reply in writing and specify the reasons.

Article 17. Issuance of New Import Motor Vehicle Business License

1. An import motor vehicle business license shall be reissued in cases where there is a change in the information recorded on the license.

2. The application dossier for reissuing an import motor vehicle business license includes:

a) Application form for reissuing an import motor vehicle business license (Form No. 06 attached as Appendix II to this Decree): one original copy;

c) Relevant documents proving the changes.

3. Procedure for reissuing an import motor vehicle business license:

b\. In cases where the application dossier is incomplete or does not comply with the regulations, within seven working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall issue a written request for the enterprise to supplement and complete the dossier in accordance with the regulations;

c) Within ten working days from the date of receipt of a complete and valid dossier, the Ministry of Industry and Trade shall consider issuing a new import motor vehicle business license to the enterprise. In case of necessity, the Ministry of Industry and Trade will notify the time to conduct verification of the conditions stipulated in Article 15 of this Decree. The verification period shall not exceed fifteen working days from the date of notification. Within five working days from the date of receiving the verification results, the Ministry of Industry and Trade shall consider issuing a new import motor vehicle business license to the enterprise. In case of refusal to issue a new import motor vehicle business license, the Ministry of Industry and Trade shall reply in writing and specify the reasons.

4. Within two working days from the date of issuance of a new import motor vehicle business license, the enterprise shall be responsible for returning the original previously issued license to the Ministry of Industry and Trade.

Article 18. Reissue of Import Motor Vehicle Business License

1. In case the import motor vehicle business license is lost or damaged, the application dossier for reissuing the import motor vehicle business license shall include an application form for reissuing the import motor vehicle business license, stating clearly the reason for loss, misplacement, or damage (Form No. 07 attached as Appendix II to this Decree): one original copy.

2. Procedure for reissuing an import motor vehicle business license:

b\. In cases where the application dossier is incomplete or does not comply with the regulations, within seven working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall issue a written request for the enterprise to supplement and complete the dossier in accordance with the regulations;

c) Within seven working days from the date of receipt of a complete and valid dossier, the Ministry of Industry and Trade shall consider reissuing the import motor vehicle business license to the enterprise. In case of refusal to reissue the license, the Ministry of Industry and Trade shall reply in writing and specify the reasons.

Article 19. Suspension of Effectiveness and Revocation of Import Motor Vehicle Business License

1. The effectiveness of an issued import motor vehicle business license shall be suspended for enterprises in the following cases:

a) Failure to fulfill warranty obligations, recall, or recovery of imported vehicles;

b) Failure to provide, or providing incomplete or inaccurate user manuals as prescribed in point a, Clause 2, Article 20 of this Decree;

c) Failure to provide warranty books, or providing warranty conditions lower than those stipulated in this Decree;

d) Failure to report as prescribed in Clause 3, Article 20 of this Decree after being urged and reminded in writing by the Ministry of Industry and Trade. Within six months from the date of suspension of the effectiveness of the import motor vehicle business license, if the enterprise fully rectifies the violation, it may be considered for cancellation of the suspension of the license's effectiveness.

2. The import motor vehicle business license shall be revoked for enterprises in the following cases:

a) The enterprise returns the issued import motor vehicle business license;

b) Dissolution or bankruptcy as prescribed by law;

c) The competent authority revokes the business registration certificate or equivalent legal documents;

d) Providing false or forged application dossiers for issuing an import motor vehicle business license;

đ) Leasing, lending, or arbitrarily modifying the content of the import motor vehicle business license;

e) Failure to maintain the conditions regarding warranty and maintenance facilities as prescribed in this Decree during the operation of importing motor vehicles;

g) Failure to operate for twelve consecutive months from the date of issuance of the import motor vehicle business license;

h) Failure to fully rectify the violations stipulated in Clause 1 of this Article within six months from the date of suspension of the effectiveness of the import motor vehicle business license.

3. The suspension of effectiveness and revocation of the import motor vehicle business license shall be carried out according to the Decision of the Minister of Industry and Trade. The decision must clearly state the reasons for suspending effectiveness and revoking the license.

4. Within five working days from the date of receipt of the decision to revoke the import motor vehicle business license, the enterprise must return the original license to the Ministry of Industry and Trade.

5. The Ministry of Industry and Trade shall have the responsibility to notify the customs authorities and publicly announce the suspension of effectiveness and revocation of the import motor vehicle business license.

6. For enterprises that have had their import motor vehicle business licenses revoked, if they need to apply for a new license, they must follow the procedures and formalities prescribed in Article 16 of this Decree.

Article 20. Responsibilities of Enterprises Issued with Import Motor Vehicle Business License

1. Maintain business conditions and ensure the implementation of warranty, maintenance, recall, and recovery responsibilities for imported motor vehicles as prescribed in this Decree.

2. Provide to buyers the following documents and papers:

a) User manuals for motor vehicles in Vietnamese issued by foreign motor vehicle manufacturers or translated from user manuals of foreign motor vehicle manufacturers into Vietnamese.

b) Warranty booklets specifying information on warranty duration and conditions; maintenance cycles and contents; addresses of warranty and maintenance facilities, and other necessary information for warranty and maintenance services.

3. Report to the Ministry of Industry and Trade before January 30 each year on the situation of importing motor vehicles in the previous year (Form No. 11 Appendix II promulgated together with this Decree).

Chapter IV

BUSINESS SERVICE WARRANTY AND MAINTENANCE CONDITIONS

Article 21. Conditions for Warranty and Maintenance Service Facilities

An enterprise established in accordance with the law shall be granted a Certificate of Warranty and Maintenance Facility for motor vehicles when meeting the following conditions:

1. The workshop is built on land legally under the enterprise's right of use.

2. The floor area and workshop must ensure the provision of warranty and maintenance services.

3. There must be areas for receiving, delivering, maintaining, repairing, pre-delivery inspection, management office, spare parts warehouse, accessory storage, and car washing facilities that meet the requirements.

4. Must have all tools and equipment necessary for warranty and maintenance work. Measuring equipment for warranty and maintenance work must comply with legal regulations on measurement.

5. Must have diagnostic equipment for engines and technical conditions of vehicles (for vehicles equipped with electronic control units) suitable for the types of vehicles serviced by the facility. Diagnostic software must comply with intellectual property regulations.

6. Must have a workforce and quality management system ensuring the quality of warranty and maintenance services for motor vehicles. The above conditions of the warranty and maintenance facility must meet the requirements regarding floor space, equipment, tools, workforce, and quality management systems for maintenance and repair facilities according to the corresponding types of motor vehicles as stipulated in National Standard TCVN 11794 - Basic Standards for Motor Vehicle Maintenance and Repair and Similar Means of Transport.

7. Commitment to provide technical support and supply spare parts and accessories for warranty and maintenance services from:

a) Domestic motor vehicle manufacturing and assembly enterprises (in cases where warranty and maintenance services are provided to domestic motor vehicle manufacturing and assembly enterprises); or

b) Foreign motor vehicle manufacturing and assembly enterprises (in cases where warranty and maintenance services are provided to motor vehicle import enterprises).

8. Must have sufficient human resources and plans to ensure occupational safety and health in accordance with legal regulations on occupational safety and health.

9. Must meet fire prevention and firefighting safety conditions and firefighting plans as prescribed by legal regulations on fire prevention and firefighting.

10. Must have environmental protection documents approved by competent authorities in accordance with legal regulations on environmental protection.

Article 22. Issuance of Certificate of Warranty and Maintenance Facility

1. The Vietnam Registration Agency under the Ministry of Transport (hereinafter referred to as the Inspection Authority) is the authority responsible for issuing the Certificate of Warranty and Maintenance Facility for motor vehicles.

2. Documents for applying for the Certificate of Warranty and Maintenance Facility for motor vehicles include:

a) Application form for the Certificate of Warranty and Maintenance Facility for motor vehicles (Form No. 12 Appendix II promulgated together with this Decree): 01 original copy;

c) Declaration of material capacity of the warranty and maintenance facility (Form No. 13 Appendix II promulgated together with this Decree): 01 original copy;

d) Documentation proving that the warranty and maintenance facility meets the conditions stipulated in Clauses 1, 5, 7, 8, 9, and 10 of Article 21 of this Decree: 01 copy.

3. Procedure for issuing the Certificate of Warranty and Maintenance Facility for motor vehicles:

b) In case the submitted documents are incomplete or not in compliance with regulations, within five working days from the date of receipt of the documents, the Inspection Authority will issue a written request for the warranty and maintenance facility to supplement and complete the documents in accordance with regulations;

c) In case the submitted documents are complete and valid, within five working days from the date of receipt of the documents, the Inspection Authority will notify the time and conduct an actual inspection and evaluation of the warranty and maintenance facility. The inspection period shall not exceed fifteen working days from the date of notification. Immediately after the inspection, the Inspection Authority will notify the inspection results to the warranty and maintenance facility and take measures to address non-compliant items (if any);

d) The Certificate of Warranty and Maintenance Facility for motor vehicles (Form No. 15 Appendix II promulgated together with this Decree) will be issued within five working days from the date of approval of the document review and actual inspection results. In case of refusal to issue the certificate, the Inspection Authority will respond in writing and specify the reasons;

e) Within six months from the initial assessment date, if the warranty and maintenance facility does not rectify non-compliant items, the assessment results and registration documents of the warranty and maintenance facility will be canceled, and the Inspection Authority will notify in writing to the warranty and maintenance facility. If the warranty and maintenance facility wishes to continue certification, it must reapply according to the procedures and formalities stipulated in Clauses 2 and 3 of this Article.

Article 23. Issuance of a New Certificate for Automotive Repair and Maintenance Facilities

1. A new Certificate for Automotive Repair and Maintenance Facilities shall be issued in cases where there is a change in the information recorded on the existing Certificate.

2. The application dossier for issuing a new Certificate for Automotive Repair and Maintenance Facilities includes:

a) Application form for issuance of a new Certificate for Automotive Repair and Maintenance Facilities (Form No. 14 attached as Appendix II to this Decree): one original copy;

c) Relevant documents proving the changes.

3. Procedure for issuing a new Certificate for Automotive Repair and Maintenance Facilities:

a) The repair and maintenance facility shall submit one set of application dossier as stipulated in Clause 2 of this Article directly or through the postal service or other appropriate means to the Inspection Authority;

b) In case the dossier is incomplete or does not comply with regulations, within five working days from the date of receipt of the dossier, the Inspection Authority shall issue a written request for the enterprise to supplement and complete the dossier in accordance with the regulations;

c) In case a physical inspection at the repair and maintenance facility is required, within five working days from the date of receipt of a complete and valid dossier, the Inspection Authority shall notify the time and conduct the inspection. The inspection period shall not exceed ten working days from the notification date;

d) Within five working days from the date of the assessment results of the dossier and the actual inspection results (if any) meeting the requirements, the Inspection Authority shall consider issuing a new Certificate for Automotive Repair and Maintenance Facilities to the enterprise. In case the Certificate is not issued, the Inspection Authority shall provide a written response and specify the reasons.

4. Within two working days from the date of issuance of a new Certificate for Automotive Repair and Maintenance Facilities, the enterprise shall be responsible for returning the original previously issued Certificate to the Inspection Authority.

Article 24. Reissuance of Certificate for Automotive Repair and Maintenance Facilities

1. In case the Certificate for Automotive Repair and Maintenance Facilities is lost or damaged, the application dossier for reissuance of the Certificate shall include the Application Form for Reissuance of Certificate for Automotive Repair and Maintenance Facilities, clearly stating the reason for loss, misplacement, or damage (Form No. 14 attached as Appendix II to this Decree): one original copy.

2. Procedure for reissuing the Certificate for Automotive Repair and Maintenance Facilities:

b) In case the submitted documents are incomplete or not in compliance with regulations, within five working days from the date of receipt of the documents, the Inspection Authority will issue a written request for the warranty and maintenance facility to supplement and complete the documents in accordance with regulations;

c) Within five working days from the date of receipt of a complete and valid dossier, the Inspection Authority shall consider reissuing the Certificate for Automotive Repair and Maintenance Facilities to the enterprise. In case the Certificate is not reissued, the Inspection Authority shall provide a written response and specify the reasons.

Article 25. Periodic and Spot Inspections of Automotive Repair and Maintenance Facilities

1. Periodic Inspections The Inspection Authority shall be responsible for inspecting enterprises holding Certificates for Automotive Repair and Maintenance Facilities nationwide every twenty-four months.

2. Spot Inspections The Inspection Authority shall be responsible for conducting spot inspections of automotive repair and maintenance facilities in the following cases:

a) The Inspection Authority receives a justified complaint from customers regarding the repair and maintenance facility concerning matters related to warranty and maintenance services;

b) The Inspection Authority receives a justified report regarding violations of the provisions of this Decree or matters related to warranty and maintenance services by the repair and maintenance facility;

c) There is a written request from a competent authority.

3. Evaluation Content: The Inspection Authority shall evaluate the operation of the repair and maintenance facility according to the registered contents and those certified. The evaluation content will be based on the initial evaluation data and previous years, the Report on the Operation Status of the Automotive Repair and Maintenance Facility (Form No. 16 attached as Appendix II to this Decree), and reports on changes (if any) of the repair and maintenance facility.

4. All inspection contents must be recorded in a Record. In case of discovering any violation, the Inspection Team shall be responsible for recommending relevant authorities with jurisdiction to handle it in accordance with the regulations.

Article 26. Suspension of Effectiveness and Revocation of Warranty and Maintenance Facility Certificate for Motor Vehicles

1. The effectiveness of the issued Warranty and Maintenance Facility Certificate for motor vehicles shall be suspended in the following cases:

a) Violating regulations related to maintaining inspection results or certified results, or violating other provisions of this Decree;

b) Violating other laws and must comply with the decision of competent authorities to handle such violations;

c) Failing to comply with decisions during surprise inspections by the Inspection Authority. Within six months from the date of suspension of the effectiveness of the Warranty and Maintenance Facility Certificate, if the warranty and maintenance facility fully rectifies the violation, it will be considered for cancellation of the suspension of the Certificate's effectiveness.

2. The Warranty and Maintenance Facility Certificate for motor vehicles shall be revoked in the following cases:

a) Providing inaccurate information or forging application documents for the Warranty and Maintenance Facility Certificate for motor vehicles;

b) Leasing, lending, or arbitrarily modifying the content of the Warranty and Maintenance Facility Certificate for motor vehicles;

c) Ceasing business operations;

d) No longer meeting the required conditions for business operations as stipulated in this Decree;

đ) Not conducting warranty and maintenance activities for motor vehicles continuously for twelve months from the date of issuance of the Warranty and Maintenance Facility Certificate for motor vehicles;

e) Failing to fully rectify the violation specified in Clause 1 of this Article within six months from the date of suspension of the effectiveness of the Warranty and Maintenance Facility Certificate for motor vehicles.

3. The suspension of effectiveness and revocation of the Warranty and Maintenance Facility Certificate for motor vehicles shall be carried out according to the Decision of the Inspection Authority. The Decision must clearly state the reasons for suspending effectiveness and revoking the Certificate.

4. Within five working days from the date of receipt of the Decision to revoke the Warranty and Maintenance Facility Certificate for motor vehicles, the enterprise must return the original Certificate to the Inspection Authority.

5. For enterprises that have had their Warranty and Maintenance Facility Certificate for motor vehicles revoked, if they wish to obtain a new Certificate, they must follow the procedures and formalities prescribed in Article 22 of this Decree.

Article 27. Responsibilities of Warranty and Maintenance Facilities Issued with Certificates

1. To perform warranty and maintenance services for motor vehicles produced, assembled, and imported by enterprises when customers bring their vehicles to the warranty and maintenance facility.

2. To carry out warranty and maintenance services in accordance with the warranty and maintenance policies established by the motor vehicle production and assembly enterprises.

3. To cooperate with motor vehicle production, assembly, and import enterprises during the recall process of motor vehicles as prescribed.

4. To implement training and advanced training programs to enhance the professional skills of staff and technicians as required by motor vehicle production, assembly, and import enterprises.

5. To maintain the operational status of the warranty and maintenance facility in compliance with the conditions stipulated in this Decree.

6. To comply with periodic and surprise inspections conducted by authorized agencies.

7. In the event of revocation of the Certificate, the warranty and maintenance facility shall be responsible for resolving and completing all unfinished work with customers up to the date of revocation of the Certificate and shall bear responsibility for all such work throughout the warranty period as committed by the warranty and maintenance facility.

Article 28. Responsibilities of the Inspection Authority

1. Conduct inspections, evaluations, issuance, suspension of effect, and revocation of Certificates for automobile warranty and maintenance services in accordance with this Decree.

2. Notify the Ministry of Industry and Trade and publicly announce the issuance, suspension of effect, and revocation of Certificates for automobile warranty and maintenance services.

3. Retain certification files for automobile warranty and maintenance services for a period of twenty-four months from the date when such certificates cease to be valid.

Chapter V

STATE MANAGEMENT OF ACTIVITIES RELATED TO THE PRODUCTION, ASSEMBLY, IMPORTATION, AND WARRANTY AND MAINTENANCE OF AUTOMOBILES

Article 29. Responsibilities of Ministries and Agencies at the Ministerial Level

1. Ministry of Industry and Trade:

a) Take the lead and coordinate with the Ministry of Transport and competent authorities to inspect enterprises engaged in automobile production, assembly, and importation to ensure compliance with conditions stipulated in this Decree;

b) Suspend the effect and revoke Certificates of Eligibility for Automobile Production and Assembly and Importation Licenses; notify relevant agencies about the suspension of effect and revocation of certificates and licenses;

c) Take the lead and coordinate with related ministries and sectors to submit proposals to competent authorities for additional technical solutions to reduce emissions from automobiles in circulation;

d) Take the lead and coordinate with related ministries, sectors, and agencies to submit proposals to competent authorities for regulations on penalties for commercial fraud in the fields of automobile production, assembly, and importation;

đ) Take the lead and coordinate with relevant agencies to submit

2. The Ministry of Transport:

a) Take the lead and coordinate with the Ministry of Industry and Trade and competent authorities to implement inspection activities for the issuance, suspension of effect, and revocation of Certificates for automobile warranty and maintenance services; notify relevant agencies about the suspension of effect and revocation of certificates;

b) Take the lead and coordinate with related ministries and sectors to develop, amend, supplement, and promulgate regulations on quality and safety technical inspections and environmental protection for automobiles; regulations on automobile recalls;

c) Coordinate with related ministries and sectors to organize the development, amendment, and supplementation of technical standards and regulations related to automobile warranty and maintenance facilities, automobiles, and automobile parts in line with international standards;

d) Take the lead and coordinate with related ministries and sectors to develop, amend, supplement, and perfect national technical standards for automobiles and automobile parts;

đ) Take the lead in conducting quality and safety technical inspections and environmental protection for automobiles according to this Decree.

3. The Ministry of Science and Technology:

a) Coordinate with sectoral and related ministries, organizations, and individuals to develop, amend, supplement, and perfect technical standards for automobiles and automobile parts harmonized with international standards; take the lead in reviewing and announcing national standards for automobiles and automobile parts harmonized with international standards;

b) Coordinate with sectoral and related ministries to develop and announce standards applicable to automobile warranty and maintenance facilities;

c) Coordinate with sectoral and related ministries to develop, amend, supplement, and perfect national technical standards for automobiles and automobile parts in line with international standards;

d) Take the lead and coordinate with related ministries and sectors to organize inspections and supervision of compliance with laws and regulations on standards and technical norms, product quality, measurement in activities related to automobile production, assembly, importation, and warranty and maintenance services;

4. The Ministry of Finance:

a) Take the lead and coordinate with related ministries and sectors to establish regulations on component taxes based on the proportion of domestic production value consistent with international commitments;

b) Coordinate with related ministries and sectors to establish regulations on penalties for commercial fraud and implement anti-commercial fraud measures for imported vehicles;

c) Take the lead and coordinate with the Ministry of Industry and Trade to build and update databases on prices of imported vehicles and domestically produced and assembled vehicles on the electronic portal;

5. Ministry of Natural Resources and Environment: Take the lead and coordinate with related ministries and sectors to organize inspections and oversight of enterprises engaged in automobile production, assembly, importation, and warranty and maintenance services to ensure compliance with environmental laws.

Article 30. Responsibilities of localities

1. The Departments of Industry and Trade of provinces and centrally governed cities shall be responsible for coordinating inspections and supervision regarding the maintenance of business conditions for automobile manufacturing and assembly enterprises within their respective jurisdictions.

2. The Departments of Transport of provinces and centrally governed cities shall be responsible for coordinating inspections and supervision regarding the maintenance of business conditions for automobile repair and maintenance facilities within their respective jurisdictions.

Chapter VI

IMPLEMENTING PROVISIONS

Article 31. Transitional Provisions

1. As to the conditions for automobile production and assembly: Automobile manufacturing and assembly enterprises currently operating may continue operations for a period of 18 months from the date this Decree takes effect. After this period, automobile manufacturing and assembly enterprises must fully meet the conditions stipulated in this Decree.

2. As to the conditions for automobile importation:

a) Automobile importation activities shall be carried out according to current regulations until December 31, 2017;

b) From January 1, 2018, enterprises may only import automobiles after obtaining an Import License for Automobiles in accordance with the provisions of this Decree;

c) Notwithstanding the provisions set forth in point a, Clause 2 of this Article, enterprises that meet the conditions specified in this Decree and have been granted an Import License for Automobiles by the Ministry of Industry and Trade before December 31, 2017 shall be permitted to import automobiles from the date the Import License for Automobiles becomes effective.

Article 32. Effectiveness

This Decree takes effect from the date of issuance.

Article 33. Implementation Organization

1. The Ministry of Industry and Trade and the Ministry of Transport shall be responsible for organizing and guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.