Circular No. 16/2014/TT-BGTVT on conditions for four-wheeled motorized cargo vehicles to participate in road traffic

CIRCULAR

Provisions on conditions for four-wheeled cargo vehicles with engines

and drivers participating in road traffic

_____________

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;

Based on the Consumer Protection Law dated November 17, 2010;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Product Quality Law;

Pursuant to Decree No. 171/2013/NĐ-CP dated November 13, 2013 of the Government on administrative penalties for violations in the field of road traffic and railway traffic;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport issues this Circular amending and supplementing certain articles of Circular No. 29/2018/TT-BGTVT dated May 14, 2018, issued by the Minister of Transport on quality inspection, technical safety, and environmental protection for railway transportation vehicles, and Circular No. 18/2019/TT-BGTVT dated May 20, 2019, issued by the Minister of Transport guiding the implementation of Decree No. 139/2018/NĐ-CP dated October 8, 2018, of the Government on business operations of vehicle inspection services.

The Minister of Transport issues the Circular stipulating the conditions for four-wheeled cargo vehicles with engines and drivers participating in road traffic as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates on:

a) Quality control of safety technical standards and environmental protection in production, assembly, operation, and use of four-wheeled motor-driven vehicles carrying goods;

b) Conditions for four-wheeled motor-driven vehicles carrying goods and drivers when participating in road traffic;

2. This Circular does not apply to four-wheeled motor-driven vehicles carrying goods produced, assembled, and operated for national defense and security purposes of the Ministry of National Defense and the Ministry of Public Security.

Article 2. Applicability

This Circular applies to organizations and individuals related to management, production, assembly, testing, quality inspection, certification, and operation of four-wheeled cargo vehicles with engines.

Article 3. Explanation of Terms

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

1. Four-wheeled cargo vehicle with engine (hereinafter referred to as Vehicle) is a motorized wheeled vehicle running on an engine, having two axles, four wheels, with the engine and cargo compartment mounted on the same chassis (similar to passenger cars with a load capacity under 3,500 kg). The Vehicle uses gasoline engines, with the maximum engine power not exceeding 15 kW, the maximum design speed not exceeding 60 km/h, and the gross weight not exceeding 550 kg.

2. System" transmission system, drive system, suspension system, braking system, steering system, electrical system, lighting and signaling systems.

3. spare parts are systems, engines, frames, component assemblies, and parts used for assembling the Vehicle.

4. Product are the Vehicle and its spare parts.

5. products of the same type are products of the same industrial property owner, with the same brand, design, and technical specifications, produced on the same production line.

6. type approval for products is the process of inspecting, testing, reviewing, evaluating, and certifying the conformity of a product type with current national technical regulations on quality safety standards and environmental protection.

7. test sample is a typical sample chosen by the manufacturer or a randomly selected sample by the Vietnam Vehicle Inspection Agency for testing purposes.

8. testing facility is an organization that meets the required conditions and is designated to conduct product testing according to corresponding national technical regulations and relevant legal documents.

9. Production facility manufacturing and assembly enterprises

10. are enterprises producing and assembling Vehicles and spare parts that meet the technical infrastructure requirements as stipulated. is a product with defects in the design, production, or assembly process that may endanger the lives and property of users as well as adversely affect the safety and environment of the community.

11. are products with defects in design, production, or assembly that pose a risk to the lives and property of users and adversely affect community safety and the environment. is the action of the production facility recalling products belonging to batches or types of defective products that the production facility has supplied to the market to repair, replace parts, or replace with other products to prevent potential dangers arising from defects in the design, production, or assembly of the product.

12. is the action taken by the manufacturer to retrieve defective products from batches or types of products they have supplied to the market for repair, replacement of parts, or replacement with other products to prevent potential dangers caused by design, production, or assembly defects. is the process of inspecting and evaluating the technical safety and environmental protection of four-wheeled cargo vehicles with engines to certify that the vehicle meets the conditions to participate in traffic within the scope, route, and operating time specified by the People's Committees of provinces and centrally-run cities.

Chapter II

REGULATIONS ON QUALITY SAFETY TECHNICAL INSPECTION

AND ENVIRONMENTAL PROTECTION IN THE PRODUCTION AND ASSEMBLY OF VEHICLES

Article 4. Sample Testing

1. The inspection, testing, and certification items prescribed in Appendix I and Appendix II issued together with this Circular.

2. The production facility is responsible for transferring test samples to the testing location. The testing facility is responsible for testing the sample according to the corresponding national technical standards procedures; preparing a test result report according to the prescribed format and bearing responsibility for its own test results. In case of necessity, the Vietnam Directorate for Motor Vehicle Inspection will directly supervise the testing process.

3. Number of Test Samples

a) For Vehicles: the number of test samples is one sample.

b) For parts: the number of test samples is as prescribed in Appendix II issued together with this Circular.

4. Management of Test Samples

a) After testing and preparing the test result report, the testing facility returns the samples and the test result report to the production facility.

b) The production facility must retain typical samples for at least one year from the date the production facility ceases to produce and assemble similar Vehicles. The production facility is responsible for managing the typical samples so that they are not damaged by environmental factors and can be presented upon request by the Vietnam Directorate for Motor Vehicle Inspection.

Article 5. Application Documents for Quality Certification of Product Types

The application documents for quality certification of product types (hereinafter referred to collectively as the application documents for certification) include:

1. Application documents for certification for parts (excluding imported complete engines):

a) Technical specification registration form accompanied by technical drawings showing key dimensions, manufacturing materials, and product photographs; explanations of symbols and serial numbers on the product (if applicable);

b) Original Test Result Report of the testing facility;

c) Description of the production, assembly, and quality inspection processes;

d) List of main components used for engine assembly (in the case of products being engines) as prescribed in Appendix III issued together with this Circular.

2. Application documents for certification for Vehicles:

a) Technical specification registration form as prescribed in Appendix IV issued together with this Circular;

b) Original Test Result Report of the testing facility;

c) List of main components used for vehicle assembly as prescribed in Appendix V issued together with this Circular;

d) Description of the production, assembly, and quality inspection processes;

d) User guide for the Vehicle including key technical specifications, usage methods for Vehicle equipment, fire safety instructions, and environmental protection; Vehicle warranty certificate (clearly stating the conditions and addresses of warranty facilities);

e) Copy of Business Registration Certificate or investment certificate appropriate for the production facility first producing or assembling vehicles;

g) A commitment from the production facility that the type of Vehicle proposed for certification does not infringe on protected industrial property rights, and the production facility will bear responsibility according to the law if infringement occurs.

Article 6. Evaluation of Quality Assurance Conditions at Production Facilities

1. To ensure the maintenance of quality for mass-produced products, the production facility must meet the following requirements:

a) Having production, assembly, and quality inspection procedures and guidelines for each product type from the initial quality control of components, quality checks at each stage, and final inspection to ensure safety, environmental, and technical performance standards of the product;

b) Having necessary testing equipment for each production stage suitable to the established production and assembly processes. The minimum list of testing equipment required for final quality inspection of Vehicles is set out in Appendix VI issued together with this Circular. These quality inspection testing devices must be inspected and confirmed annually by the Vietnam Directorate for Motor Vehicle Inspection.

c) Having sufficient human resources to carry out production and quality inspection in accordance with the established production and assembly processes. Quality inspectors responsible for the quality of Vehicles produced and assembled must hold certificates issued by foreign manufacturers (technology transferors) or the Vietnam Directorate for Motor Vehicle Inspection.

2. The Vietnam Registration Agency conducts evaluations of quality assurance conditions at production facilities (hereinafter referred to as COP evaluation) based on the following contents:

a) Production, assembly, and quality inspection procedures and guidelines: input component inspection, inspection at each production stage, and final inspection;

b) Quality inspection equipment;

c) Human resources for quality inspection.

3. Forms of COP evaluation:

a) Initial COP evaluation is conducted when issuing a Certificate of Technical Safety and Environmental Protection Quality for product types.

b) Annual COP evaluation is conducted annually.

c) Unscheduled COP evaluation is conducted when there are signs of violations related to quality inspection or complaints about product quality.

4. For similar product types without fundamental changes in production, assembly, and quality inspection processes, previous COP evaluation results may be utilized.

5. For imported parts subject to mandatory inspection, if COP evaluation is not conducted, the quality certificate will only be valid for individual import batches.

Article 7. Issuance of Type Approval Quality Certificate

The issuance of the Type Approval Quality Certificate for products (hereinafter referred to as the Certificate) shall be carried out according to the following procedures and methods:

1. The production facility shall prepare one set of registration dossier for certification in accordance with Article 5 of this Circular and submit it directly or through postal services to the Vietnam Vehicle Inspection Agency.

2. The Vietnam Directorate for Motor Vehicle Inspection receives and reviews the registration certification dossier. If the dossier is incomplete, the production facility is immediately guided to complete it; if the dossier is complete, the time and place for conducting the COP assessment are agreed upon.

3. Within ten working days from the date of receiving the complete dossier, the Vietnam Directorate for Motor Vehicle Inspection conducts a review of the registration certification dossier and performs the COP assessment as stipulated in Clause 2, Article 6 of this Circular. If the requirements are not met, the production facility is notified to improve; if the requirements are met, the Certificate of Conformity is issued according to the model prescribed in Appendices VIla and Vllb accompanying this Circular within five working days from the end of the successful inspection and assessment.

Article 8. Inspection during Production and Assembly

1. The production facility may only proceed with the production and assembly of subsequent products after obtaining the Certificate of Conformity and ensuring these products comply with the registered certification dossier and tested typical samples. The production facility is responsible for the origin, quality, and compliance of the products produced.

2. Each product produced in batches must undergo an outgoing quality inspection by the production facility (hereinafter referred to as Outgoing Inspection).

The Vietnam Directorate for Motor Vehicle Inspection may conduct surprise inspections. If the surprise inspection results show that the production facility violates regulations related to product quality inspection, the Certificate of Conformity will be revoked or surveillance of the final inspection will be applied depending on the severity of the violation.

3. Based on the issued Certificate of Type Quality and the implementation of the Final Inspection, the production facility will receive blank Quality Inspection Certificates for each batch of produced and assembled Vehicles according to the model prescribed in Appendix VIII accompanying this Circular.

4. Based on the results of each Vehicle inspection, the Production Facility issues a Quality Inspection Certificate for Factory Release. The Quality Inspection Certificate for Factory Release must be signed by an authorized person (the head of the facility, deputy head, or directly subordinate personnel authorized in writing by the head of the Production Facility) and stamped. The Quality Inspection Certificate for Factory Release issued to the Vehicle is used for vehicle registration procedures.

5. Outgoing Documents

The Production Facility is responsible for establishing and issuing the following documents for each Vehicle upon factory release: Quality Inspection Certificate for Factory Release as stipulated in Clause 3 and Clause 4 of this Article; User Guide; Vehicle Warranty Certificate.

Article 9. Annual Assessment and Supplementary Assessment of the Certificate

1. Annually, based on the needs of the production facility, the Vietnam Vehicle Inspection Agency shall conduct an assessment of the issued certificates according to the following content:

a) Conducting the COP assessment as prescribed in Point b, Clause 3, Article 6 of this Circular;

b) Randomly sample from the products of the same type at the Production Facility, request testing of the samples according to the provisions of Article 4 of this Circular. The Production Facility is responsible for transferring the samples to the testing location.

2. The Production Facility must carry out additional certification procedures when relevant national technical regulations concerning the certified product types have changed, or when the product has changes affecting its compliance with the corresponding national technical regulations. The Production Facility shall submit the following additional documents:

a) Documents related to product changes;

b) Report on retesting results of the product according to new national technical regulations.

3. The Type Approval Certificate for products shall lose its validity if any of the following provisions are violated:

a) The product no longer meets current national technical regulations or the product has changes that are inconsistent with the certification application and the issued Certificate of Conformity, and the Production Facility does not implement additional certification as provided for in Clause 2 of this Article;

b) The production facility seriously violates regulations related to product quality inspection and issuance of Outgoing Quality Inspection Certificates;

c) The production facility fails to recall defective products as prescribed in Clause 3, Article 21 of this Circular.

Invalid certificates shall be notified to the production facility in writing and announced on the website of the Vietnam Vehicle Inspection Agency.

Chapter III

PROVISIONS ON TECHNICAL QUALITY AND ENVIRONMENTAL SAFETY INSPECTION IN THE OPERATION AND USE OF VEHICLES

PROTECTION OF THE ENVIRONMENT IN THE EXPLOITATION AND USE OF VEHICLES

Article 10. Documents for circulation inspection

When conducting circulation inspections, vehicle owners must have the following documents:

1. The original Vehicle Registration Certificate issued by the competent state agency, or one of the following valid documents to present:

a) A copy of the Vehicle Registration Certificate certified by the bank holding the original Vehicle Registration Certificate.

b) A copy of the Vehicle Registration Certificate certified by the financial leasing company holding the original Vehicle Registration Certificate.

2. The original Valid Certificate of Compulsory Liability Insurance to present.

3. A photograph copy of the Quality Inspection Certificate at the time of factory release (for the first circulation inspection of vehicles registered for the first time after this Circular takes effect).

4. The Certificate of Circulation from the previous inspection (for subsequent circulation inspections).

Article 11. Units conducting circulation inspections

1. Four-wheeled cargo vehicles with engines registered and assigned license plates in a locality shall undergo circulation inspections at the registration unit in that locality.

2. Circulation inspection data shall be stored at the registration unit and on the database of the Vietnam Registration Agency.

Article 12. Procedure and method for conducting circulation inspections

1. The vehicle owner or person bringing the vehicle for circulation inspection (hereinafter referred to as the vehicle owner) shall bring the vehicle and the documents specified in Article 10 of this Circular to the registration unit for circulation inspection.

2. The Inspection Unit receives and checks the documents. If they are incomplete or invalid, it guides the vehicle owner to complete them; if they are complete and valid, it collects fees, takes photos of the vehicle, and conducts inspections according to the methods specified in Appendix IX attached to this Circular.

3. For the first inspection, the registration unit shall inspect and prepare the First Inspection Report for four-wheeled cargo vehicles with engines according to the model prescribed in Appendix XI attached to this Circular.

4. If the vehicle passes the standards, the registration unit shall collect fees, issue a receipt for the fees collected, and issue the Certificate of Circulation and Circulation Sticker according to the model prescribed in Appendix X attached to this Circular.

5. If the vehicle fails the inspection, the registration unit shall notify the vehicle owner of the failed inspection items so that the owner can repair and re-inspect, and simultaneously report the failure to the inspection network.

Article 13. Certificate of Circulation, Circulation Sticker

1. Validity period of the Certificate of Circulation:

a) For the first inspection: 12 months for new vehicles not used for up to two years from the year of manufacture; six months for new vehicles not used for more than two years from the year of manufacture.

b) Subsequent inspections: six months.

c) The validity period of the Certificate of Circulation shall not exceed the expiration date of the Vehicle Registration Certificate (if applicable) or the end of the vehicle's service life.

2. The blank Certificate of Circulation, Circulation Label is uniformly issued by the Vietnam Registration Agency. The content of the Certificate of Circulation, Circulation Label is printed from software programs managed and announced by the Vietnam Registration Agency. The Certificate of Circulation, Circulation Label must have the same serial number and content consistent with the technical specifications of the Vehicle announced by the Vietnam Registration Agency.

a) The Certificate of Circulation shall be handed over to the vehicle owner to carry when driving on the road, and the Circulation Sticker shall be affixed in the upper right corner on the inside of the front windshield of the vehicle.

b) If the Certificate of Circulation or Circulation Sticker is lost, damaged, or torn, the vehicle owner must bring the vehicle for circulation inspection to obtain a replacement.

3. When discovering falsified or tampered documents provided by the vehicle owner; the issued Certificate of Circulation, Circulation Label is inconsistent with the inspected vehicle, the Inspection Units must report to the competent authority to take appropriate measures according to the law and are responsible for recalling the issued Certificate of Circulation, Circulation Label (if still valid).

4. The Certificate of Circulation and Circulation Sticker become invalid when:

a) The vehicle has been issued a new Certificate of Circulation and Circulation Sticker;

b) There is a declaration of loss by the vehicle owner;

c) There is a recall notice from the registration units;

d) The vehicle has been involved in an accident to the extent that it does not meet technical safety and environmental protection requirements.

Article 14. Reporting and Record Keeping

1. The Inspection Units send reports on circulation inspection work to the Vietnam Registration Agency together with reports on mechanical vehicle inspection work.

2. Ad hoc reports when required by competent authorities.

3. Record Keeping

a) Vehicle files, circulation inspection files, and related documents shall be stored at Inspection Units.

b) Circulation inspection records, result recording sheets of each circulation inspection: Stored for three years from the date of circulation inspection. Vehicle files are destroyed three years after the vehicle's usage period ends.

c) The Vietnam Vehicle Inspection Agency shall guide Inspection Units on the storage of vehicle files and circulation inspection files.

Chapter IV

PROVISIONS ON CONDITIONS FOR PARTICIPATION IN TRAFFIC

Article 15. Conditions for Vehicle Drivers

Drivers of four-wheeled cargo vehicles equipped with engines must hold a driving license of category B2 or higher and comply with the provisions set forth in Article 58 of the Road Traffic Law 2008.

Article 16. Conditions for Vehicles

1. Vehicles must meet the technical safety quality and environmental protection requirements stipulated in this Circular when participating in traffic.

2. The usage period for four-wheeled cargo vehicles with engines applies according to Clause 1 of Article 4 of Decree No. 95/2009/NĐ-CP dated October 30, 2009 of the Government regarding the usage period for various types of cargo trucks and passenger cars.

Article 17. Compliance with Regulations When Participating in Traffic

1. Compliance with road traffic rules, fines, and administrative remedial measures for violations in the field of road traffic according to the Government's regulations and applied to similar motor vehicles with a load capacity under 3,500 kg.

2. The scope, route, and operating hours for four-wheeled cargo vehicles with engines are determined by the Chairman of the People's Committee of provinces and centrally-run cities based on local actual conditions, ensuring the principle that such vehicles are not allowed to participate in traffic on expressways and roads designed to Class I and Class II standards.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Responsibilities of the Vietnam Vehicle Inspection Agency

1. The Vietnam Registration Agency is the State Management Authority for technical quality and environmental safety of products within the scope regulated by this Circular; responsible for organizing guidance and directing specialized business operations related to quality inspection during production, assembly, circulation inspection, and implementation of this Circular.

2. Uniform issuance, management, and guidance on the use of certificates; quality inspection form blanks, circulation certificates, and circulation labels.

3. Announce the list of Testing Facilities implementing tests serving the certification of technical quality and environmental safety on the Vietnam Registration Agency's electronic information website.

4. Organize regular or ad hoc inspections and audits of the quality assurance of production facilities and circulation inspections conducted by Inspection Units.

5. Report on the technical safety quality and environmental protection of four-wheeled cargo vehicles equipped with engines as prescribed.

Article 19. Responsibilities of the Department of Transport

1. Report, draft, and submit to the People's Committee of provinces and centrally-run cities to establish regulations on the operating time, scope, and routes for four-wheeled cargo vehicles with engines suitable for local actual conditions.

2. Inspect and handle violations by individuals and affiliated Inspection Units in the implementation of circulation inspection work for four-wheeled cargo vehicles with engines. Coordinate with the Vietnam Registration Agency to inspect the circulation inspection activities of four-wheeled cargo vehicles with engines conducted by affiliated mechanical vehicle Inspection Units in the locality.

Article 20. Responsibilities of Motor Vehicle Inspection Units

1. Implement circulation inspection and issue Certificates of Circulation, Circulation Labels for four-wheeled cargo vehicles with engines according to regulations. The heads of Inspection Units and inspectors directly conducting circulation inspections are responsible for the inspection results.

2. Publicize procedures, formalities, contents, processes, standards, regulations, fees, and working hours.

3. Implement storage and reporting systems as prescribed. Transmit daily inspection data, secure passwords, and update warning data from the Vietnam Vehicle Inspection Agency's network database.

4. Send periodic reports before the 5th of each month on the circulation inspection of four-wheeled cargo vehicles with engines to the Vietnam Registration Agency and the Department of Transport.

5. Comply and facilitate the supervision and inspection activities of competent authorities.

Article 21. Responsibilities of Production Facilities

1. Be responsible for the accuracy and honesty of the documentation provided to the Vietnam Vehicle Inspection Agency.

2. Fully cooperate with the Vietnam Vehicle Inspection Agency during inspections and quality checks of products.

3. Recall products according to Article 22 of the Consumer Protection Law when technical defects are discovered.

4. Production facilities must establish a quality management system to ensure the maintenance of product quality in mass production.

5. Bear responsibility under the law if they violate industrial property rights that are protected.

Article 22. Responsibilities of Vehicle Owners

In addition to implementing the contents of this Circular, vehicle owners also have the responsibility to comply with the following provisions:

1. Not to forge, peel off, affix, erase, or alter the contents of the Circulation Certificate and Circulation Sticker.

2. Provide accurate information necessary for circulation inspection content, administrative management content, vehicle technical specifications, including providing related documents and materials to the Inspection Units.

3. Perform maintenance and repairs to maintain the technical condition of the vehicle between circulation inspections.

4. Return the Circulation Certificate and Circulation Sticker upon notification of recall by the inspection unit.

Article 23. Fees and Charges

The Vietnam Vehicle Inspection Agency, Testing Facilities, and Inspection Units may collect fees and charges as prescribed by the Ministry of Finance.

Article 24. Effective Date

1. This Circular takes effect from July 1, 2014, and revokes the following consolidated documents:

a) Decision No. 3917/QĐ-BGTVT dated December 31, 2009 of the Minister of Transport temporarily regulating technical quality and environmental safety inspection for domestically produced and assembled four-wheeled cargo vehicles with engines试点实验；

b) Decision No. 614/QD-BGTVT dated March 12, 2010 and Decision No. 3667/QD-BGTVT dated December 28, 2010 of the Minister of Transport on amending and supplementing certain Articles of Decision No. 3917/QD-BGTVT dated December 31, 2009 of the Minister of Transport regarding temporary regulations on quality safety technical inspection and environmental protection for four-wheeled cargo vehicles with engines undergoing pilot production and assembly within the country.

2. As of January 1, 2015, drivers of four-wheeled cargo vehicles with engines participating in traffic must hold a valid driving license in accordance with Article 15 of this Circular.

3. Valid certificates of conformity and quality control certificates issued before the effective date of this Circular remain valid until their expiration date.

4. In cases where referenced documents and materials in this Circular are amended, supplemented, or replaced, the new versions shall apply.

Article 25. Implementation organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, the Director-General of the Vietnam Highway Administration, the Director of the Vietnam Vehicle Inspection Agency, Directors of Provincial Departments of Transport under centrally governed cities and provinces, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.