Decree No. 117/2026/NĐ-CP Amending and Supplementing Certain Articles of Decree No. 116/2017/NĐ-CP dated October 17, 2017 by the Government on Conditions for Production, Assembly, Importation, and Business Operations in Warranty and Maintenance Services for Motor Vehicles

DECREE

Amending and Supplementing Certain Articles of Decree No. 116/2017/NĐ-CP dated October 17, 2017 of the Government Regulating Conditions for Production, Assembly, Importation, and Rendering Warranty and Maintenance Services for Motor Vehicles

Based on the Law on Organization of the Government No. 63/2025/QH15;

In accordance with the proposal of the Minister of Industry and Trade;

THE GOVERNMENT ISSUES THIS DECREE TO AMEND AND SUPPLEMENT CERTAIN ARTICLES OF DECREE NO. 116/2017/NĐ-CP DATED OCTOBER 17, 2017 OF THE GOVERNMENT REGULATING CONDITIONS FOR PRODUCTION, ASSEMBLY, IMPORTATION, AND RENDERING WARRANTY AND MAINTENANCE SERVICES FOR MOTOR VEHICLES.

Article 1. Amend Point a of Clause 2 of Article 2

"a) Motor vehicles produced or assembled:

- For purposes of national defense and security;

- From used motor vehicles with driver's compartment or from complete motor vehicles that have been certified for technical safety and environmental protection standards;

- Not participating in public transportation, operating only within a narrow scope;

- For export purposes."

Article 2. Amend Certain Points of Article 3

1. Amend Point a of Clause 12 as follows:

"a) Certified copy (in the case of submitting application through postal system, administrative document delivery system or direct submission);"

2. Amend Point c of Clause 12 as follows:

"c) Electronic copy (in the case of administrative procedure involving submission via electronic network)."

Article 3. Amend and Abolish Certain Points of Article 8

1. Abolish Point b of Clause 2.

2. Amend Point a of Clause 3 as follows:

"a) The enterprise submits one set of application documents in accordance with the provisions of Clause 2 of this Decree directly or through postal system to the Ministry of Industry and Trade, or online on the National Public Services Portal;"

3. Amend Point c of Clause 3 as follows:

"c) In case the submitted application documents are complete and valid, within five working days from the date of receipt of the application, the Ministry of Industry and Trade shall notify in detail the time for on-site inspection and evaluation at the enterprise. The inspection period shall not exceed fifteen working days from the notification date. All inspection contents must be recorded in a Record (Model No. 09 Appendix II attached to this Decree).

In case the results of the inspection and evaluation do not meet the requirements, within five working days from the completion of the inspection, the Ministry of Industry and Trade shall notify the enterprise to complete the necessary actions;"

4. Amend Point d of Clause 3 as follows:

"d) The enterprise receives the Certificate of Compliance with Production and Assembly Conditions for Motor Vehicles directly at the Ministry of Industry and Trade or through postal system (if requested) or on the National Public Services Portal."

Article 4. Amend and Abolish Certain Points of Article 9

1. Abolish Point b of Clause 2.

2. Amend Point a of Clause 3 as follows:

"a) The enterprise submits one set of application documents in accordance with the provisions of Clause 2 of this Decree directly or through postal system to the Ministry of Industry and Trade, or online on the National Public Services Portal;"

3. Amend Point d of Clause 3 as follows:

"d) Within five working days from the date of the result of document review and on-site inspection (if applicable), meeting the requirements, the Ministry of Industry and Trade shall examine and issue a replacement Certificate of Compliance with Production and Assembly Conditions for Motor Vehicles to the enterprise in accordance with Model No. 04 Appendix II attached to this Decree. In case the issuance is not granted, the Ministry of Industry and Trade shall reply in writing and specify the reasons."

Article 5. Amendment of Certain Points of Article 10

1. Amend Point a Clause 2 as follows:

"a) Enterprises submit one set of application documents in accordance with the provisions of Clause 1 of this Decree directly or through the postal system to the Ministry of Industry and Trade, or via online services on the National Public Services Portal;"

2. Amend Point c Clause 2 as follows:

"c) Within five working days from the date of receipt of a complete and valid application, the Ministry of Industry and Trade shall examine and issue a new Certificate of Production and Assembly Qualification for Enterprises in accordance with Form No. 04 attached to this Decree. In case the certificate is not issued, the Ministry of Industry and Trade shall respond in writing and specify the reasons."

Article 6. Abolish Clause 2 and Clause 3 of Article 14.

Article 7. Amendment and Abolition of Certain Points of Article 16

1. Abolish Point b Clause 2.

2. Amend Point a Clause 3 as follows:

"a) Enterprises submit one set of application documents in accordance with the provisions of Clause 2 of this Decree directly or through the postal system to the Ministry of Industry and Trade, or via online services on the National Public Services Portal;"

3. Amend Point d Clause 3 as follows:

"d) Enterprises receive the Business License for Importing Motor Vehicles directly from the Ministry of Industry and Trade, or through the postal system (if requested), or on the National Public Services Portal."

Article 8. Amendment and Abolition of Certain Points of Article 17

1. Abolish Point b Clause 2.

2. Amend Point a Clause 3 as follows:

"a) Enterprises submit one set of application documents in accordance with the provisions of Clause 2 of this Decree directly or through the postal system to the Ministry of Industry and Trade, or via online services on the National Public Services Portal;"

Article 9. Amendment of Point a Clause 2 of Article 18

"a) Enterprises submit one set of application documents in accordance with the provisions of Clause 1 of this Decree directly or through the postal system to the Ministry of Industry and Trade, or via online services on the National Public Services Portal;"

Article 10. Amendment and Abolition of Certain Points of Article 22

1. Abolish Point b Clause 2.

2. Amend Point a Clause 3 as follows:

"a) Warranty and maintenance facilities submit one set of application documents in accordance with the provisions of Clause 2 of this Decree directly or through the postal system to the inspection agency, or via online services on the National Public Services Portal;"

3. Amend Point đ Clause 3 as follows:

"đ) Warranty and maintenance facilities for motor vehicles receive the Certificate directly from the inspection agency, or through the postal system (if requested), or on the National Public Services Portal."

Article 11. Amendment and Abolition of Certain Points of Article 23

1. Abolish Point b Clause 2.

2. Amend Point a Clause 3 as follows:

"a) Warranty and maintenance facilities submit one set of application documents in accordance with the provisions of Clause 2 of this Decree directly or through the postal system to the inspection agency, or via online services on the National Public Services Portal;"

Article 12. Amend Point a Clause 2 of Article 24

"a) Warranty and maintenance facilities submit one set of application documents in accordance with the provisions of Clause 1 of this Decree directly or through the postal system to the inspection agency, or via online services on the National Public Services Portal;"

Article 13. Amendment of Paragraph 1 of Appendix I

"1. The quality control production line must be equipped with specialized testing equipment for each assembly process and testing equipment for outgoing indicators in accordance with regulations."

Article 14. Replacement of Certain Terms; Replacement of Some Forms in Appendix II

1. Replace the term "Ministry of Transport" in the legal basis; Clause 3, Article 6; Clause 1, Articles 22 and 29; Paragraphs 1, 2 of Article 29; Form No. 15 attached to Appendix II with the term "Ministry of Construction".

2. Replace the term "Ministry of Natural Resources and Environment" in Clause 5, Article 29 with the term "Ministry of Agriculture and Environment".

3. Replace the term "Department of Transport" in Clause 2, Article 30 with the term "Department of Construction".

4. Replace Forms Nos. 1, 4, 8, 9 in Appendix II respectively with Forms Nos. 1, 4, 8, 9 issued along with this Decree.

Article 15. Transitional Provisions

1. Licenses for production and assembly of automobiles, and permits for importation of automobiles issued to enterprises prior to the effective date of this Decree shall remain valid until such time as they are renewed or replaced.

2. Applications that have been accepted by competent authorities before the effective date of this Decree shall continue to be processed in accordance with the provisions of Decree No. 116/2017/NĐ-CP dated October 17, 2017, of the Government on conditions for production and assembly, importation, and provision of warranty and maintenance services for automobiles, as amended and supplemented by Decree No. 17/2020/NĐ-CP dated February 5, 2020, of the Government amending and supplementing certain provisions of Decrees related to investment and business conditions under the management domain of the Ministry of Industry and Trade.

Article 16. Implementation Provisions

1. This Decree shall come into force on the date of its promulgation.

2. The Ministers, Heads of agencies at the ministerial level, Heads of agencies under the Government, Chairmen of People's Committees of provinces and municipalities directly under the Central Government shall be responsible for implementing this Decree.