Circular No. 29/2011/TT-BGTVT amending and supplementing certain articles of the Regulations on quality safety technical inspection and environmental protection for imported motorcycles and mopeds and imported engines used to produce and assemble motorcycles and mopeds issued together with Decision No. 57/2007/QĐ-BGTVT dated November 21, 2007 of the Minister of Transport and the Regulations on quality safety technical inspection and environmental protection during production and assembly of motorcycles and mopeds issued together with Decision No. 58/2007/QĐ-BGTVT dated November 21, 2007 of the Minister of Transport.

CIRCULAR

Amending and supplementing some articles of the Regulations on quality inspection for technical safety and environmental protection of imported motorcycles and engines used to produce and assemble motorcycles and motorbikes

issued together with Decision No. 57/2007/QĐ-BGTVT dated November 21, 2007 of the Minister of Transport

and the Regulations on quality inspection for technical safety and environmental protection in production and assembly of motorcycles and motorbikes

issued together with Decision No. 58/2007/QĐ-BGTVT dated November 21, 2007 of the Minister of Transport

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

 ____________________________________________

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;

The Minister of Transport hereby promulgates the following:

Article 1. Amending and supplementing some articles of the Regulations on quality inspection for technical safety and environmental protection of imported motorcycles and motorbikes and imported engines used to produce and assemble motorcycles and motorbikes issued together with Decision No. 57/2007/QĐ-BGTVT dated November 21, 2007 of the Minister of Transport

"1. For vehicles

1. Amend Clause 1 of Article 3 as follows:

a. The vehicle import quality inspection registration form (hereinafter referred to as the Registration Form) according to Model IV attached to these Regulations;
b. A copy of the customs declaration for imported goods certified by the importer; a copy of the commercial invoice or other equivalent documents related to the value of the goods certified by the importer;
c. Technical documentation provided by the manufacturer regarding the imported vehicle model, including key specifications: Dimensions, weight, number of passengers allowed, maximum speed, type of transmission, tire markings, and basic engine specifications: Maximum torque, maximum power at engine speed, cylinder diameter, piston stroke, cylinder volume, fuel type, clutch type; Documentation related to emissions according to current regulations;
d. Vehicle specification and technical feature declaration form (only applicable if the technical documentation does not contain all the information required under point c of this clause) according to Model V attached to these Regulations."

"2. For engines

"Article 6. Services and activities carried out within the Cam Ranh International Port area

a. The engine import quality inspection registration form (hereinafter referred to as the Registration Form) according to Model IV attached to these Regulations;
c. Technical documentation provided by the manufacturer regarding the imported engine, including key specifications: Maximum torque, maximum power at engine speed, cylinder diameter, piston stroke, cylinder volume, fuel type, clutch type, gear ratio;
c. Technical documentation provided by the manufacturer regarding the imported vehicle model, including key specifications: Dimensions, weight, number of passengers allowed, maximum speed, type of transmission, tire markings, and basic engine specifications: Maximum torque, maximum power at engine speed, cylinder diameter, piston stroke, cylinder volume, fuel type, clutch type; Documentation related to emissions according to current regulations;
d. Engine specification and technical feature declaration form (only applicable if the technical documentation does not contain all the information required under point c of this clause) according to Model VI attached to these Regulations."

"Article 6. Procedures and methods for implementation

a) Sea freight and passenger transport.

1. The importer shall prepare one set of inspection files as prescribed and submit it directly to the Inspection Authority;
2. The Inspection Authority shall accept and review the file, comparing it with current regulations on imported vehicles and engines. If the file is incomplete, the Inspection Authority shall guide the importer to supplement and complete it within one working day. If the file is complete, the Inspection Authority shall confirm the Registration Form within one working day and agree with the importer on the time and place of inspection;
3. The Inspection Authority shall conduct the inspection. Within five working days from the end of the inspection and upon submission of a complete file as prescribed, if the vehicle or engine meets the quality standards, a Certificate of Quality for Technical Safety and Environmental Protection will be issued according to Models IIa and IIb attached to these Regulations;
4. For vehicles and engines that do not meet current technical standards, the Inspection Authority shall notify the importer to rectify them. The entire batch must be rectified within thirty days from the date of notification. If the batch has not been rectified beyond this period, the Inspection Authority shall issue a Notification of Non-Conformity for Imported Vehicles or Engines according to Models IIIa and IIIb attached to these Regulations."

4. Supplementing some Appendices as follows:

a) Supplement Appendix IV: Sample of the vehicle/engine import quality inspection registration form;

b) Supplement Appendix V: Sample of the vehicle specification and technical feature declaration form;

c) Supplement Appendix VI: Sample of the engine specification and technical feature declaration form;

c) Add Appendix VI: Sample form for engine specifications and technical features;

Article 2. Amend and supplement some Articles of the Regulations on Quality Safety Technical Inspection and Environmental Protection during Motorcycle and Motor Vehicle Production and Assembly issued together with Decision No. 58/2007/QĐ-BGTVT dated November 21, 2007 of the Minister of Transport.

1. Amend Point d Clause 1 Article 4 as follows:

"d) A list of main parts used to assemble the engine (in cases where the product is an engine) according to the model attached as Appendix V to these Regulations;"

2. Amend Point a Clause 2 Article 4 as follows:

"a) A technical specification registration form accompanied by photographs of the design, overall drawings of the product, and samples of registered product labels according to the model attached as Appendix VI to these Regulations;"

3. Amend Point d and Point đ Clause 2 Article 4 as follows:

"d) An explanation of the method and location for numbering the frame and engine according to the model attached as Appendix VII to these Regulations;

đ) A list of main parts used to assemble the vehicle according to the model attached as Appendix VIII to these Regulations;"

4. Amend Point b Clause 2 Article 5 as follows:

"b) Annual assessment shall be conducted annually;"

5. Add Article 5a after Clause 4 Article 5 as follows:

"Article 5a. Procedures and Methods for Implementation
1. The production facility shall prepare one set of registration files for inspection in accordance with regulations and submit them directly or through postal services to the Inspection Authority;
2. The Inspection Authority shall accept and review the files: If the files are incomplete according to regulations, it shall guide the production facility to complete them; If the files are complete according to regulations, it shall issue a notice of the time to respond to the file inspection results and agree with the production facility on the time and place for actual inspections;

3. The Inspection Authority shall conduct actual inspections at the production facility: If the conditions for quality inspection are not met, it shall inform the production facility and specify the reasons; If satisfactory, it shall issue a Certificate of Quality Safety Technical Inspection and Environmental Protection in accordance with regulations;"

6. Amend the name of Article 8 as follows:

"Article 8: Annual Assessment and Revocation of Quality Certificates"

7. Amend Clause 1 Article 8 as follows:

"1. Annually, the Inspection Authority shall re-evaluate the conditions for quality inspection as stipulated in Point b Clause 2 Article 5 of these Regulations.

For products such as frames, engines, and vehicles, the Inspection Authority shall randomly select samples from products of the same type at the production facility and test them at the testing facility according to relevant technical standards and specifications."

8. Delete Clause 2 of Article 8

9. Amend Clause 4 of Article 8 as follows:

"4. The quality certificate will lose its validity and be revoked in the following cases:
a) When the product no longer meets current technical regulations, standards, or norms or when the product has changed and does not match the registration file or the issued certificate;
b) The results of the quality inspection condition assessment show that the production facility seriously violates regulations related to product quality inspection and issuance of dispatch certificates;

c) The production facility fails to recall defective products in accordance with current regulations due to design or manufacturing defects that may endanger user safety and negatively impact the environment."

10. Amend and supplement some Appendices as follows:

a) Amend Appendix IIa: Sample of the quality certificate for motorcycles and motor vehicles;

b) Amend Appendix IIb: Sample of the quality certificate for motorcycle and motor vehicle components;

c) Supplement Appendix V: Sample of the list of main parts used to assemble the engine;

d) Supplement Appendix VI: Sample of the technical specification registration form;

đ) Supplement Appendix VII: Sample of the explanation of the method and location for numbering the frame and engine;

e) Supplement Appendix VIII: Sample of the list of main parts used to assemble the vehicle;

Article 3. Effectiveness and Responsibility for Implementation

1. This Circular shall take effect 45 days from the date of signature.

2. Quality certificates issued before the effectiveness of this Circular shall still be valid until their expiration date as stated on the certificate.

3. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director-General of the Vietnam Highway Administration, the Directors of Departments under the Ministry, the Directors of Provincial and Municipal Transportation Departments, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.