Circular No. 25/2019/TT-BGTVT on quality and technical safety inspection and environmental protection during automobile production and assembly.

MINISTRY OF TRANSPORTATION -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 252019/TT-BGTVT	Hanoi, day 05 the 7 in Hanoi, Vietnam

 

CIRCULAR

REGULATIONS ON QUALITY SAFETY TECHNICAL INSPECTION AND ENVIRONMENTAL PROTECTION IN THE PRODUCTION AND ASSEMBLY OF MOTOR VEHICLES

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

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

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

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

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

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

CONSIDERING the proposal of the Director of the Science and Technology Department and the Director of the Vietnam Vehicle Registration Agency,

THE MINISTER OF TRANSPORTATION ISSUES THIS CIRCULAR ON QUALITY SAFETY TECHNICAL INSPECTION AND ENVIRONMENTAL PROTECTION IN THE PRODUCTION AND ASSEMBLY OF MOTOR VEHICLES.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the inspection of quality safety technical standards and environmental protection for motor vehicles produced and assembled under the scope of Decree No. 116/2017/NĐ-CP dated October 17, 2017 of the Government on conditions for production, assembly, importation, and warranty and maintenance services for motor vehicles (hereinafter referred to as Decree 116), and parts used for motor vehicles.

2. This Circular does not apply to motor vehicles produced and assembled according to point a, Clause 2, Article 2 of Decree 116.

Article 2. Applicability

This Circular applies to production and assembly facilities of motor vehicles, production or import facilities of motor vehicle parts, and organizations and agencies related to the management, inspection, and testing of motor vehicles and parts.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Main assembly includes the engine, chassis, driver's cabin, body, cargo box, or specialized equipment installed on the motor vehicle;

2. System" includes the power transmission system, drive system, suspension system, braking system, steering system, fuel system, electrical system, lighting and signaling systems;

3. spare parts includes main assemblies, systems, and components of motor vehicles;

4. Product refers to parts or motor vehicles;

5. Motor vehicles of the same type are motor vehicles with identical characteristics determined according to the principles set forth in Appendix I attached to this Circular;

6. type approval for products is the process of inspection, testing, evaluation, and certification of compliance of a product type with technical standards, regulations, and current provisions of the Minister of Transportation regarding quality safety technical standards and environmental protection;

7. Typical sample is a product selected by the production facility or the quality management agency in accordance with the regulations for inspection and testing;

8. Production facility is a parts production facility meeting the current requirements or a production and assembly facility meeting the production and assembly requirements stipulated in Decree 116;

9. Design entity is an enterprise established in accordance with the law;

10. Quality Management Agency (referred to as QLCL Agency) is the Vietnam Vehicle Registration Agency under the Ministry of Transportation;

11. testing facility is an organization operating in the field of testing parts or motor vehicles in accordance with the regulations;;

12. Defective Product is a product with errors in design, manufacturing, or assembly that can cause danger to the lives and property of users as well as adverse effects on community safety and the environment;

13. Risk Management is the application of a system of legal regulations, procedures, and business methods aimed at identifying, assessing, and classifying risks affecting the quality of products and goods of production facilities, serving as a basis for the QLCL Agency to apply appropriate management measures;

14. Electronic Registration Procedureis the process of filling out, receiving, and processing registration information, exchanging information about the registration procedure between relevant parties through an electronic registration data processing system;

15. Electronic Registration Data Processing Systemis an information system managed by the QLCL Agency to implement the electronic registration procedure;

16. Electronic Registration Information Systemis an information system serving production and import facilities in reporting and receiving information, feedback results from the QLCL Agency during the implementation of the electronic registration procedure;

17. Electronic Product Registration Formis an electronic document including a set of information indicators reported by production and import facilities;

18. Electronic Transaction Incidentis a situation where the electronic registration data processing system and the electronic registration information system cannot conduct electronic transactions with each other due to objective reasons.

Chapter II

REGULATIONS ON THE INSPECTION OF TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL PROTECTION

Article 4. Automobile Design Documents

1. The automobile design documents include:

a) A request for design review in accordance with Appendix XI attached to this Circular;

b) Technical design descriptions and drawings in accordance with Appendix II attached to this Circular;

c) Copies of technical specifications and performance characteristics of relevant assemblies and systems related to the design calculation content.

2. For automobiles produced and assembled according to foreign brand designs, the production entity is exempted from preparing the design documents specified in Clause 1 of this Article if it can provide the following substitute documents:

a) Certified copies of the technology transferor's technical drawings of the automobile, which must show: overall layout of the automobile; basic dimensions of the automobile; layout and installation dimensions of seats and beds; position and installation dimensions of lights and rearview mirrors; total cab width and cargo box dimensions (for trucks); size and location of entry and exit doors, escape hatches, steps, and walkways; size and location of luggage compartments (for passenger vehicles);

b) Certified copies of the technology transferor's technical specifications and basic performance characteristics of the produced and assembled automobiles issued by the technology transferor;

c) Certified copies of the technology transferor's Product Type Approval Certificate issued by the competent authority of the foreign country.

Article 5. Design Review

1. The automobile design documents must be reviewed by the Management Agency.

2. Procedure and method of implementation

a) The design entity prepares the automobile design documents in accordance with Clause 1 of Article 4 of this Circular, submitting them directly, through postal services, via the electronic information portal, or by other means to the Management Agency. In cases where paper documents are submitted, the design entity submits two sets of documents (three sets if the design entity is different from the production entity); b) The Management Agency receives and checks the completeness of the documents. If the documents are incomplete, the Management Agency returns the documents on the same working day for direct submissions or within two working days from receipt for other submission methods, and guides the design entity to complete the documents. If the documents are complete, the Management Agency accepts and proceeds with the review;

c) The Management Agency compares the contents of the automobile design documents with current technical standards, regulations, and provisions of the Minister of Transport regarding vehicle technical safety and environmental protection within ten days. If the design documents meet the requirements, the Management Agency issues a Design Review Certificate in accordance with the model specified in

Appendix III attached to this Circular; If the automobile design documents contain non-compliant contents, the Management Agency will notify in writing the non-compliant contents for the design entity to supplement and amend as required. The design entity is responsible for completing the design documents within thirty days from the date of notification. Beyond this period, the Management Agency will suspend the design document review process. To continue the design document review process, the design entity must re-register from the beginning;

d) The design entity receives the results of the design review including:

The Design Review Certificate, one technical design description and drawings of the reviewed design document set (two sets if the design entity is different from the production entity) directly at the Management Agency's office or through postal services or by other suitable means. A certificate of design review, one technical design description, and technical drawings of the reviewed design dossier shall be directly submitted to the Management and Control Authority's office or sent through the postal service or other appropriate methods.

3. Re-review of design documents

The design entity prepares one set of documents in accordance with Clause 1 of Article 4 relating to changes in the design documents and sends them to the Management Agency for reconsideration and re-review in the following cases:

a) There are changes, additions, or modifications to the design documents compared to the previously reviewed design documents but still comply with the product type specifications as stipulated in Appendix I attached to this Circular;

b) Changes in technical standards and regulations except when the Quality Safety and Environmental Protection Certificate of the product type has not yet expired.

4. The design entity must prepare new design documents if the supplementary or modified contents do not meet the requirements for the same product type as specified in Appendix I attached to this Circular.

Article 6. Typical Sample Testing

1. The production facility shall be responsible for transferring typical samples to the testing facility. The items and objects subject to inspection and testing are specified in Appendix IV issued together with this Circular.

2. The testing facility shall base on standards, technical regulations, and provisions in relevant legal documents to guide the production and import facilities to provide documents serving inspection and testing purposes.

3. The testing facility shall conduct typical sample testing according to current technical standards, technical regulations, and provisions of the Minister of Transport; prepare a test result report. The test report shall be valid for use for 36 months from the date of signature for product type quality certification registration.

Article 7. Application Documents for Type Product Quality Safety Technical and Environmental Protection Certification

1. The application documents for type product quality certification for parts subject to inspection, testing, and certification as prescribed in Appendix IV issued together with this Circular include:

a) A request form for a product type quality certificate in accordance with Appendix XI issued together with this Circular;

b) Information about the part including technical parameters of the product accompanied by a photo of the overall product;

c) A copy of the test result report on the part according to corresponding national technical standards in Vietnam;

d) A copy of the technical drawings along with product parameters; an explanation of symbols, characters, and numbers marked on the product (if applicable);

đ) A copy of the import goods declaration for cases where the quality certificate is issued based on the import goods declaration;

2. The application documents for type product quality certification for automobiles include:

a) A request form for a product type quality certificate in accordance with Appendix XI issued together with this Circular;

b) Information about the automobile produced or assembled according to the model prescribed in Appendix V issued together with this Circular, accompanied by a photo of the overall automobile and photos of distinctive equipment (if any);

c) A copy of the test result report on safety technical quality and environmental protection according to current national technical standards and regulations for automobiles in Vietnam;

Exemption from submitting exhaust emission test reports for engines if one of the following documents is provided: a copy of the confirmation document from the foreign engine manufacturer accompanied by documentation confirming compliance with exhaust quality standards for imported engine types under agreements from countries and regions with which Vietnam has mutual recognition agreements in the field of vehicle certification; a copy of the confirmation document from the authorized representative of the foreign engine manufacturer in Vietnam accompanied by a copy of the valid Engine Type Exhaust Quality Certificate issued by the Regulatory Authority; a copy of the Engine Type Exhaust Quality Certificate issued by the Regulatory Authority for cases where domestic engine manufacturers produce and assemble engines for supply to automobile manufacturers;

d) A copy of the Design Approval Certificate, design technical description, and technical drawings of the design dossier that have been reviewed by the Regulatory Authority or alternative documents as stipulated in Clause 2, Article 4 of this Circular;

đ) A statistical summary of domestically produced and imported assemblies and systems used for automobile production and assembly according to the model prescribed in Appendix VI issued together with this Circular, and accompanied by one of the corresponding documents for each part (except engines) subject to inspection, testing, and certification as follows: a copy of the valid Safety Technical Quality and Environmental Protection Type Certificate issued by the Regulatory Authority for parts that have been tested according to corresponding national technical standards in Vietnam; a copy of the confirmation document from the foreign part manufacturer accompanied by documentation confirming compliance with quality standards for imported part types under agreements from countries and regions with which Vietnam has mutual recognition agreements in the field of vehicle certification; a copy of the confirmation document from the authorized representative of the foreign part manufacturer in Vietnam accompanied by a copy of the valid Safety Technical Quality and Environmental Protection Type Certificate issued by the Regulatory Authority for parts that have been tested according to corresponding national technical standards in Vietnam;

e) A copy of the description of the method and location of chassis number and engine number stamping.

Article 8. Ensuring product quality in production and assembly

1. Production facilities shall apply a quality management system to ensure product quality during production, assembly, and shipment out of products that meet regulations, standards, and technical specifications. The application of the quality management system is carried out through production guidance procedures, assembly guidance procedures, quality inspection business guidance procedures suitable for the type and category of products produced from the initial stage of controlling the quality of incoming components, inspecting the quality at each process stage, inspecting the quality before shipment out; procedures for implementing corrective and preventive actions for product defects; procedures for storing and controlling quality inspection records.

2. The Quality Control Authority shall conduct product quality assurance evaluations (COP assessments) according to the following methods:

a) Initial assessment is conducted when issuing a Certificate of Technical Safety and Environmental Protection for the type and category of products based on the criteria set forth in the IATF 16949 standard "Requirements for Quality Management Systems for Organizations Producing Automotive Components and Related Services," including the following contents:

Assessing the completeness of the procedures specified in Clause 1 of this Article; assessing the actual operation of the quality inspection system during production, assembly, and product quality inspection; the ability to trace the origin of materials, components, production time, and product shipment out time;

Assessing the operational status, accuracy, and suitability for the type of product being produced of testing equipment for each production stage and pre-shipment quality inspection as stipulated in Appendix VII issued together with this Circular;

Businessquality inspection tasks and the ability to use quality inspection equipment undertaken by technicians ; the responsibilities of technicians in charge of overall pre-shipment quality inspection for automobiles.Follow-up assessments

b) are conducted to assess the implementation and maintenance of quality assurance by production facilities; during these follow-up assessments, the Quality Control Authority will randomly sample to evaluate record storage related to products and the conformity of shipped-out products with registered quality certification files. For component production facilities, the subsequent assessment period is 36 months; for automobile production and assembly facilities, it is determined based on risk management in product quality management as stipulated in Article 14 and Appendix X issued together with this Circular. For imported components produced in countries with mutual recognition agreements in the field of vehicle quality certification, mutual recognition agreements shall be followed.

3. Imported components from countries without mutual recognition agreements in the field of vehicle quality certification with Vietnam shall be handled as follows: In case a) Conduct COP assessments according to the method specified in point a, Clause 2 of this Article;

b) Exempt follow-up COP assessments if the production facility can present documents showing valid COP assessment results in accordance with ECE, EC standards implemented by foreign competent authorities or independent assessment organizations recognized by foreign competent authorities.

COP assessments shall not be conducted in the following cases:

4. The type and category of products are produced and assembled using technological processes and inspection procedures that have not undergone fundamental changes or are simpler than those of previously assessed types and categories of products;

a) Imported component types registered for certification based on import declaration forms.

b) Imported parts types registered for certification according to the import declaration form.

Article 9. Issuance of Quality Safety Technical and Environmental Protection Certificates for Product Types

1. The procedures and methods for issuing Quality Safety Technical and Environmental Protection Certificates for Product Types (hereinafter referred to as the Certificate) shall be as follows:

a) Production facilities, import component facilities (hereinafter collectively referred to as enterprises) shall prepare one set of application registration files for product type quality certification (application registration file) in accordance with Clause 1 or Clause 2 of Article 7 of this Circular, and submit it directly, through postal services, through the electronic information portal, or through other forms to the Management Authority.

b) The Management Authority shall receive and examine the components of the application registration file. In cases where the file is incomplete according to regulations, the Management Authority shall return the file on the same working day for direct submissions or within two working days from the date of receipt for other submission methods, guiding the enterprise to complete the file.

c) The Management Authority shall review the content of the file and the results of the COP assessment within seven working days. If the file content is not valid, the Management Authority shall notify the enterprise to supplement and complete the file in accordance with regulations; if there is no result of the COP assessment, the Management Authority shall notify the enterprise about the time and location to conduct the COP assessment, with the maximum assessment period not exceeding fifteen working days from the date of notification; the content and method of the COP assessment shall be in accordance with Clause 2 of Article 8 of this Circular. After three months from the date of notification, if the enterprise does not supplement or complete the file or rectify the non-compliant contents in the COP assessment results, it must re-register the quality certification from the beginning. d) The Management Authority shall issue the Certificate in accordance with the model prescribed in Appendix VIII attached to this Circular within three working days from the date when the file is complete and valid according to regulations and has a satisfactory COP assessment result.

đ) Enterprises shall receive the Certificate directly at the Management Authority's office or through postal services or through other suitable forms.

2. For imported components registered for quality certification based on customs declarations, the Certificate issued for imported component types is only valid for components of the same type under the same customs declaration.

Article 10. Provisions during mass production and assembly

1. Production facilities must conduct outgoing quality inspection for each product produced in series (referred to as outgoing inspection), ensuring that these products meet technical standards and norms, and comply with the registration application file

and typical samples after the product type has been certified with the Certificate. 2. Production facilities must ensure the origin, quality of outgoing products, and implement product labeling in accordance with the law. Vehicles can only be released when the Certificates of the components subject to testing and certification as stipulated in Appendix IV attached to this Circular remain valid. Production facilities may not use frames or engines with erased, altered, or re-applied serial numbers for vehicle assembly. In cases where domestic serial numbers (VIN numbers) or engine serial numbers are incorrect, unreadable, or have faded characters (defective serial numbers), the production facility shall reapply the VIN or engine serial numbers and send a written report to the Management Authority detailing the cause, measures taken to correct the defect, including: the frame or engine serial number re-applied; the position of the re-applied serial number relative to the defective serial number; photographs showing the defective serial number, the defective serial number marked out with an "X" stamp, and the serial number after re-application; photographs showing the relative positions before and after re-application.

4. Production facilities are responsible for preparing and issuing one set of files for each vehicle produced, including: An outgoing quality inspection certificate (referred to as the Outgoing Inspection Certificate) in accordance with the model prescribed in Appendix IX attached to this Circular. The Outgoing Inspection Certificate must be signed and stamped by an authorized person (the head, deputy head, or a subordinate directly authorized in writing by the head of the production facility).

3. A Vietnamese-language user manual containing basic technical specifications of the product and instructions for using major equipment, safety devices, and distinctive features (if any).

A Vietnamese-language warranty booklet specifying the warranty period and conditions, maintenance cycles, maintenance tasks, and addresses of warranty and maintenance facilities meeting legal requirements.

a) 5. Production facilities shall only issue the Outgoing Inspection Certificate for vehicles that have passed the outgoing quality inspection and met the requirements. 6. For production facilities violating Clause 1 of Article 13 of this Circular, in addition to being required to stop producing the violative product types as stipulated, they can only issue the Outgoing Inspection Certificate for non-violating product types after submitting self-inspection results to the Management Authority until the temporary suspension of violative product types is lifted as stipulated in Clause 3 of Article 13 of this Circular.7. The Management Authority shall issue a decision to establish an inspection team and conduct surprise inspections of production facilities regarding compliance with this Circular in the following circumstances:

b) a) Based on reports or complaints with grounds regarding product quality on the market;

c) c) If the inspection results show that the production facility violates regulations on maintaining product quality, product quality inspection; outgoing products do not meet quality requirements or do not comply with the registered application file and certified typical samples; issuing the Outgoing Inspection Certificate incorrectly or violating other provisions of this Circular, then handle according to Article 13 of this Circular and apply appropriate risk management measures as stipulated in Article 14 and Appendix X attached to this Circular.

8. Production facilities are responsible for reporting and transmitting data related to outgoing vehicle inspections to the Management Authority. issue a factory release certificate for automobiles that have been inspected and found to meet quality requirements..

6. In addition to suspending the release of non-compliant product types as stipulated in Clause 1, Article 13 of this Circular, the production facility may only obtain a factory release certificate for non-violating product types after submitting self-inspection results to the Management and Control Authority until the suspension of the non-compliant product type is lifted as provided in Clause 3, Article 13 of this Circular.

7. The Management and Control Authority shall issue a decision to establish an inspection team and conduct surprise inspections on production facilities regarding their compliance with the provisions of this Circular under the following circumstances:

a) Based on reports or complaints substantiated about product quality issues in the market;

b) Upon receipt of written requests from competent authorities;

c) If the inspection results show that the production facility violates regulations concerning maintaining product quality, inspecting product quality; products released from the factory do not meet quality standards or do not conform to the certified quality typical samples and registration certificates; issuing factory release certificates incorrectly or violating other provisions of this Circular, then handle according to the provisions of Article 13 of this Circular and apply corresponding risk management measures as prescribed in Article 14 and Appendix X issued together with this Circular.

8. Production facilities are responsible for reporting and transmitting data related to factory release vehicle inspections to the Management and Control Authority.

Article 11. Reissuing the Product Type Quality Certificate

1. The Certificate shall be reissued in cases where it is lost, damaged, expired, or there is a change in information related to the enterprise's name or address on the Certificate.

2. The application for reissuance includes the following documents:

a) A request form according to the model prescribed in Appendix XI issued together with this Circular;

b) Documents specified in Clause 1 or Clause 2 of Article 7 of this Circular for cases of reissuance due to expiration. Documents need not be submitted if there has been no change compared to those already submitted in the registration dossier for the type of product that was certified.

3. Procedures for implementation:

a) The enterprise prepares one set of documents in accordance with the provisions of Clause 2 of this Article and submits them directly, through postal service, via the electronic portal, or other appropriate means to the Management Agency;

b) The Management Agency receives and checks the components of the dossier. In case the dossier is incomplete according to the regulations, the Management Agency returns the dossier on the same working day for direct submissions or within two working days from the date of receipt for other submission methods, guiding the enterprise to complete the dossier;

c) The Management Agency reviews the contents of the dossier. If the dossier is valid and the COP assessment result is appropriate, the Management Agency reissues the Certificate within two working days for cases of loss, damage, or changes in information related to the enterprise's name or address on the Certificate; or within three working days for cases of reissuance due to expiration.

To reissue the Certificate in cases of expiration, the Management Agency takes random samples from batches of products manufactured, assembled, or imported for testing in accordance with relevant regulations, standards, and technical norms in Vietnam.

4. The validity period of the reissued Certificate due to loss, damage, or changes in information related to the enterprise's name or address is taken from the validity period of the original Certificate of the product type.

Article 12. Extending and Supplementing the Product Type Quality Certificate

1. The extension of the Certificate or supplementation of the registration dossier for the product type is carried out when the product type, which has been granted a Certificate, still complies with the requirements for the same type of product as stipulated in Appendix I issued together with this Circular, specifically as follows:

a) Extending the Certificate in cases where the product type has changed as prescribed in Clause 3 of Appendix I issued together with this Circular, affecting the technical safety and environmental protection of the product compared to standards and technical norms or causing changes in parameters printed on the previously issued Certificate;

b) Supplementing the registration dossier for the product type in cases where the product has changed but does not fall under point a of this clause.

2. The application for extending the Certificate or supplementing the registration dossier when the product differs from the product type includes the following documents:

a) A request form according to the model prescribed in Appendix XI issued together with this Circular, and documents related to the product's changes;

b) A report on supplementary test results concerning technical safety and environmental protection requirements as stipulated in standards, technical norms, and regulations related to the changed items of the product in Vietnam;

Testing is exempted in cases where the product has changed in terms of convenience and aesthetics without altering the technical safety and environmental protection parameters used as the basis for issuing the Certificate.

3. Implementation Procedures

a) The enterprise prepares one set of documents in accordance with the provisions of Clause 2 of this Article and submits them directly, through postal service, via the electronic portal, or other appropriate means to the Management Agency;

b) The Management Agency receives and checks the components of the dossier. In case the dossier is incomplete according to the regulations, the Management Agency returns the dossier on the same working day for direct submissions or within two working days from the date of receipt for other submission methods, guiding the enterprise to complete the dossier;

c) The Management Agency reviews the contents of the dossier. If the dossier is complete, valid, and the COP assessment result is appropriate, the Management Agency issues the extended Certificate within three working days from the date the dossier is deemed valid. For supplementation of the dossier, the Management Agency records and supplements the changed contents into the registration dossier of the previously certified product type. If there are invalid contents, the Management Agency notifies the enterprise to complete the dossier.

4. The validity period of the extended Certificate is taken from the validity period of the Certificate before the change.

Article 13. Suspension of production release for product types and revocation of certificates issued for product types

1. Suspension of production release for product types

The regulatory agency may require the production facility to suspend the production release of a type if it falls under any of the following circumstances: Quarter I (Q if one of the following violations occurs: The production facility violates any of the following: failure to maintain product quality as prescribed; failure to conduct outgoing inspection as prescribed; products released do not comply with the registration dossier and typical samples of the certified type; issuing Outgoing Inspection Certificates incorrectly;

a) CFailure to implement product recall for defective products as stipulated in Chapter III of this Circular

b) The production facility arbitrarily erases, alters frame numbers, engine numbers without reporting to the regulatory agency;;

c) 2. Suspension of production release for all product typeso The regulatory agency may require the production facility to suspend the production release of all types

if the production facility commits any of the violations mentioned at points a,

The regulatory agency may require the production facility to suspend the production release of a type b, Quarter I (Q if one of the following violations occurs: The production facility violates any of the following: failure to maintain product quality as prescribed; failure to conduct outgoing inspection as prescribed; products released do not comply with the registration dossier and typical samples of the certified type; issuing Outgoing Inspection Certificates incorrectly;

a) Cc, d of Clause 1 of this Article involving multiple product types. The Production Conditions Certificate for automobile manufacturing and assembly of the production facility will be suspended or revoked according to the law. in the Field of Teachers and Educational Institution Managers 3. Revocation of suspension of production release

b) The regulatory agency shall revoke the suspension of production release and notify the specialized agency under the People's Committee of the province/city.production facility

after the violations have been corrected.

4. Revocation of certificates specialized agency under the People's Committee of the province/city.The certificate will be revoked if it falls under any of the following circumstances: a) The production facility is dissolved or declared bankrupt according to the law;The certificate will be revoked if it falls under any of the following circumstances: has b) The production facility falsifies documents in the registration dossier;

c) More than six months from the date the certificate's effectiveness was suspended as stipulated in Clauses 1 and 2 of this Article, the production facility has not remedied the violation.

If the enterprise wishes to continue producing, assembling, or importing the product type whose certificate has been revoked, it must re-evaluate the design and re-certify the product as if it were new.

Article 14. Risk Management

1. The regulatory agency bases on risk assessment criteria to classify enterprises and apply appropriate management measures as detailed in Appendix X attached to this Circular and publicly announce on its electronic portal.

2. When there is a change in classification, the regulatory agency shall issue a notice to inform the enterprise and publicly announce on its electronic portal.

REGULATIONS ON RECALL OF DEFECTIVE PRODUCTS

Article 15. Products Subject to Recall

1. Enterprises must recall products with defects they produce or assemble in the following cases:

a) Products violate current mandatory technical regulations, standards applicable to such products;

Chapter III

b) Products pose a danger to life and property due to technical errors in design or manufacture;

c) Products, although not causing damage to people or property, may become dangerous under certain conditions during use.

2. For products with non-recallable defects, the production facility shall proactively address the defects.

a) Products violate current mandatory technical regulations, standards, and specifications applicable to such products;

b) Products pose life and property risks due to design and manufacturing technical errors;

c) Products, although not causing losses to people and property, may become dangerous under certain conditions during use.

2. For products with defects not covered by the above recall, the production facility shall proactively address the product defects.

Article 16. Product Recall

1. Voluntary recall by enterprises

In case enterprises discover that products supplied to the market have defects requiring recall, they shall proactively carry out the following tasks:

a) Temporarily halt production and release of products of the same type as those with defects;

b) Within no more than five working days from the date of discovering defective products, enterprises must notify in writing to sales agents requesting them to temporarily stop supplying defective products to the market;

c) Within no more than fourteen days from the date of identifying products with defects requiring recall, enterprises must report to the Management and Control Authority on the cause of the defect, measures for rectification, quantity of recalled products, and appropriate recall plans;

d) Publicly announce the recall plan through mass media;

đ) Within no more than thirty days from the end of the recall process, enterprises must submit a written report on the implementation results of the recall to the Management and Control Authority;

e) Bear all costs related to the product recall.

2. Recall at the request of the Management and Control Authority

When the Management and Control Authority discovers that products supplied to the market by enterprises have defects requiring recall,it will base its decision on current technical regulations, standards, information, and investigation results (if necessary, it may consult experts to assess the level of danger posed by defective products) to consider and decide to implement the following tasks: a) Request production facilities to temporarily halt production and release of defective product types and report to the Management and Control Authority on relevant information about products with defects requiring recall;

b) Based on the level of danger and urgency of defective products, require production facilities to carry out product recalls according to the provisions of Clause 1 of this Article. RESPONSIBILITIES OF RELATED AUTHORITIES AND ORGANIZATIONS Article 17. Responsibilities of the Management and Control Authority

1. Organize the implementation of the provisions of this Circular.

Chapter IV

2. Uniformly issue and manage the use of Certificates and blank Export Certificates.

3. Publicize the list of testing facilities conducting component and vehicle testing for quality and technical safety certification and environmental protection work.

4. Issue blank export certificates according to monthly and quarterly production plans for product types of production facilities.

The Management and Control Authority may consult experts to evaluate the level of danger posed by defective products to make timely and necessary decisions.

6. Notify the police agency upon receipt of notification of lost Export Certificates from production facilities; inform customs agencies at import locations when there is evidence that vehicles produced or assembled using components with chassis and engine numbers erased, scratched, or altered were manufactured abroad.

7. Collect fees, charges, and levies as prescribed by law.

5. 8. In case of electronic transaction incidents on the electronic data processing system, the Management and Control Authority shall be responsible for announcing on its Electronic Information Portal no later than four hours from the time of occurrence during administrative hours or four hours from the start of the next working day for incidents occurring during statutory rest periods.

9. Retain design files and registration files for quality certification of product types for at least five years from the date the enterprise notifies the Management and Control Authority of cessation of production, assembly, or importation of certified product types or from the date the certificate for such product types expires. If paper files have been digitized for storage as required, paper files may be destroyed three years after issuance of the Certificate or Design Approval Certificate.

7. Collect fees, charges, and administrative fees as prescribed by law.

8. In case of electronic transaction incidents on the electronic data processing system, the Management and Control Authority shall notify on its official website no later than four hours from the time of incident during working hours or four hours from the start of the next working day for incidents occurring during statutory holidays.

9. Retain design dossiers and product type quality registration dossiers for at least five years from the date the enterprise notifies the Management and Control Authority of ceasing production, assembly, or importation of the product type or from the date the product type certificate expires. In cases where paper dossiers have been digitized for storage as required, paper dossiers may be destroyed three years after issuance of the certificate or design review certificate.

Article 18. Responsibilities of Testing Facilities

1. Testing facilities shall be responsible for testing the quality and technical safety of automobiles and parts used in automobiles, exhaust emissions from automobiles or engines according to current regulations at the request of production and import facilities; they shall be responsible for the results of inspections and tests conducted. Testing facilities shall not be liable for damages to test samples occurring during the testing process due to force majeure as prescribed by law.

2. Implement and guide production and import facilities to prepare documents and typical samples for testing as prescribed.

3. Collect fees and inspection and testing charges according to the provisions of the law.

4. Store results and documents serving testing for at least three years from the date of issuance of the test result report.

Article 19. Responsibilities of Production Facilities, Import Facilities for Parts, and Design Facilities

1. Shall be responsible under the law for the legality and accuracy of information declared and documents submitted in the dossier, compliance with regulations and inspection decisions of competent authorities.

2. Shall be responsible for the origin and source of products and parts used for automobile production and assembly; store information related to products and parts for traceability and product recall.

3. Shall be responsible under the law for acts infringing intellectual property rights.

4. In case of electronic transaction incidents on the electronic declaration system, design facilities, production facilities, or import facilities must notify the Management Authority to coordinate in resolving the issue.

5. Maintain a quality management system to ensure product quality as stipulated in Article 8 of this Circular.

6. Store the copy of the Certificate of Release, product quality inspection records for a minimum of three years from the date of product release. When destroying these documents, production facilities must ensure data retrieval for product recall purposes.

7. Manage and use blank certificates of release in accordance with regulations and send data of vehicles released (certificate number, chassis number, engine number, certificate of release number, release date) to the Management Authority within five working days following the use of the certificate. If the certificate of release is lost, the production facility must notify the Management Authority and can only obtain a replacement certificate after thirty days from the date of notification.

8. Production facilities, import facilities for parts shall implement the responsibility of recalling defective products as prescribed in this Circular; provide necessary information related to recalls to dealers, service stations, and customers; proactively report all relevant information about defective product faults to the Management Authority when requested, provide necessary information related to the product, recall results, and progress when required.

9. Store registration files for type approval of products, documents related to ensuring product quality for a minimum of five years from the date of cessation of production or importation of the type of product.

10. Store automobile design files for a minimum of five years from the date of cessation of production of the type of product.

11. Shall be responsible for paying fees, charges, and stamp duties related to design appraisal, inspection, testing, or product defect assessment according to the provisions.

Chapter V

EFFECTIVE DATE AND IMPLEMENTATION

Article 20. Effective Date

1. This Circular takes effect from August 25, 2019.

2. For automobiles produced and assembled that are not within the scope of regulation of this Circular, quality and technical safety checks and environmental protection shall be carried out according to the provisions of Circular No. 30/2011/TT-BGTVT dated April 15, 2011, issued by the Minister of Transport on quality and technical safety checks and environmental protection in the production and assembly of motor vehicles, and Circular No. 54/2014/TT-BGTVT dated October 20, 2014, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 30/2011/TT-BGTVT dated April 15, 2011, issued by the Minister of Transport on quality and technical safety checks and environmental protection in the production and assembly of motor vehicles.

3. When national technical standards and norms related to certified types of products change, production facilities may continue producing, assembling, releasing, and importing until the expiration date of the Certificate of Approval.

4. In cases where legal normative documents referred to for application in this Circular are amended, supplemented, or replaced by new documents, implementation shall be in accordance with the provisions of the amended, supplemented, or replacing documents.

Article 21. Transitional Provisions

1. Certificates of Approval for types of products currently being produced and assembled that were issued before this Circular took effect shall remain valid until December 31, 2019.

2. Certificates of Release issued to vehicles before this Circular took effect and Certificates of Release issued to vehicles under Clause 1 of this Article shall still be valid for registration and inspection purposes.

Article 22. Implementation organization

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

 

DEPUTY MINISTER DEPUTY MINISTER Lê Đình Thọ