Circular No. 19/2012/TT-BGTVT on warranty and maintenance of automobiles by production facilities and import traders.

CIRCULAR

Regulations on warranty and maintenance for automobiles produced by manufacturing facilities and imported by automobile importers

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

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;

Based on the Law on Product Quality dated December 5, 2007;

Based on Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Considering the proposal of the Director of the Science and Technology Department;

The Minister of Transport hereby issues this Circular stipulating regulations on warranty and maintenance for automobiles produced by manufacturing facilities and imported by automobile importers,

Article 1. Scope of Regulation

1. This Circular stipulates warranty and maintenance for various types of domestically produced or assembled, or imported automobiles (hereinafter referred to as automobiles) intended for sale in Vietnam.

2. This Circular does not apply in the following cases:

a) Temporarily imported and re-exported automobiles, aid-received automobiles; automobiles serving the needs of diplomatic organizations and individuals as prescribed by law; automobiles imported by organizations and individuals for personal use, not for business purposes;

b) Automobiles used for national defense and security purposes by the Ministry of National Defense and the Ministry of Public Security;

c) Imported automobiles for special purposes;

d) New trucks and specialized vehicles manufactured based on chassis or other new types of automobiles.

Article 2. Applicability

This Circular applies to manufacturing facilities and assemblers of automobiles, importers and agents for importing automobiles for business purposes in Vietnam (hereinafter collectively referred to as Manufacturing Facilities and Importers), automobile warranty and maintenance facilities, and related management agencies.

A manufacturing facility is a production facility that meets the current conditions as prescribed.

Article 3. Regulations on warranty and maintenance for automobiles of manufacturing facilities and importers

1. Manufacturing facilities and importers must publish information about the warranty and maintenance policies for automobiles to buyers, clearly stating the warranty and maintenance policies for each type of automobile sold on the market;

2. Locations for automobile warranty and maintenance must be arranged in provinces and cities where manufacturing facilities and importers operate their automobile businesses;

3. Manufacturing facilities and importers may hire automobile maintenance and repair facilities that meet the required standards to provide warranty and maintenance services for automobiles;

4. The contents of warranty and maintenance and the maintenance cycles for automobiles shall be carried out according to the manufacturer's regulations;

5. In case imported automobiles are found to have technical defects during design and manufacture or violate current mandatory technical regulations applicable to such products, importers must recall defective products in accordance with Chapter III of Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on quality and technical safety inspection and environmental protection in the production and assembly of motor vehicles.

Article 4. Minimum technical standards for automobile warranty and maintenance facilities of manufacturing facilities and importers

Automobile warranty and maintenance facilities of manufacturing facilities and importers must meet the minimum technical standards prescribed in Appendix 1 of this Circular.

Article 5. Inspection for Issuing the Certificate of Vehicle Warranty and Maintenance Service Facilities of Manufacturers and Importers

1. The inspection to assess compliance with standards shall be conducted at the warranty and maintenance service facilities of manufacturers and importers.

2. The basis for inspection and assessment is the minimum technical standard of vehicle warranty and maintenance service facilities stipulated in Appendix I of this Circular.

3. In cases where the vehicle warranty and maintenance service facility has been authorized or holds a confirmation certificate meeting the manufacturer's warranty and maintenance service facility standards, such facility will be exempted from the compliance assessment at the warranty and maintenance service facilities of the manufacturer or importer.

Article 6. Procedures for Issuing the Certificate of Vehicle Warranty and Maintenance Service Facilities of Manufacturers and Importers

1. Application dossier for issuing the Certificate of Vehicle Warranty and Maintenance Service Facilities of Manufacturers and Importers (hereinafter referred to as the Certificate).

To obtain the Certificate, the manufacturer or importer (or warranty and maintenance service facility) shall prepare one (1) set of application dossier including:

a) A registration form for the Certificate of Vehicle Warranty and Maintenance Service Facilities in accordance with the model prescribed in Appendix II of this Circular;

b) A copy of the business registration certificate for vehicle maintenance and repair services (in cases where the manufacturer or importer hires a maintenance and repair facility to perform vehicle warranty services);

c) An authorization letter from the automobile manufacturer regarding warranty and maintenance services or a confirmation certificate meeting the manufacturer's warranty and maintenance service facility standards (if applicable).

2. Procedure for certifying compliance with standards of vehicle warranty and maintenance service facilities:

a) The manufacturer or importer (or warranty and maintenance service facility) shall prepare the application dossier in accordance with Clause 1 of this Article and submit it directly or through postal services to the Vietnam Motor Vehicle Registration Agency;

b) The Vietnam Motor Vehicle Registration Agency shall accept and review the dossier; if the dossier is complete as required, it shall coordinate the time for implementation; conduct the inspection and assessment of compliance at the warranty and maintenance service facility and issue the Certificate. If the assessment results do not meet the requirements, the agency shall notify the manufacturer or importer (or warranty and maintenance service facility) to improve;

c) The manufacturer or importer (or warranty and maintenance service facility) shall collect the Certificate directly from the Vietnam Motor Vehicle Registration Agency or through postal services (if requested).

3. Time limit for resolution

The Certificate shall be issued within five working days from the date of submission of a complete dossier and receipt of satisfactory compliance assessment results at the vehicle warranty and maintenance service facility.

4. The Certificate is valid for three years from the date of issuance and is issued according to the model prescribed in Appendix III of this Circular. Upon expiration, the Certificate may be renewed according to the provisions of Clauses 1, 2, and 3 of this Article.

Article 7. Revocation of Certificates

The Certificate will become invalid and be revoked in the following cases:

1. The manufacturer or importer seriously violates regulations related to vehicle warranty and maintenance services;

2. The manufacturer or importer does not perform warranty and maintenance services at the facility that has been assessed and confirmed;

3. The manufacturer or importer does not recall products with technical defects or the warranty and maintenance service facility does not repair products with technical defects as authorized by the manufacturer or importer.

Article 8. Fees and charges

The inspection agency and the agency issuing the Certificate shall collect fees and charges as prescribed.

Article 9. Effective Date

1. This Circular takes effect from August 1, 2012, and replaces Circular No. 43/2011/TT-BGTVT dated June 9, 2011, issued by the Minister of Transport regarding warranty and maintenance for imported passenger cars.

2. Certificates for warranty and maintenance facilities issued before this Circular takes effect remain valid until their expiration date.

3. Implementation schedule:

a) For importers of passenger cars with up to nine seats: From the date this Circular takes effect;

b) For vehicle manufacturing facilities and importers of other types of complete vehicles: From January 1, 2013.

Article 10. Implementation Organization

1. The Vietnam Vehicle Inspection Agency is responsible for receiving applications, evaluating, and issuing Certificates for warranty and maintenance facilities for production facilities and importers nationwide.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Vehicle Inspection Agency, Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular./.