Decision No. 35/2005/QĐ-BGTVT on quality inspection, technical safety, and environmental protection for imported motor vehicles entering Vietnam

Pursuant to …;

ON QUALITY CONTROL, TECHNICAL SAFETY, AND ENVIRONMENTAL PROTECTION OF IMPORTED MOTOR VEHICLES INTO VIETNAM

IMPORTED MOTOR VEHICLES INTO VIETNAM

THE MINISTER OF TRANSPORTATION

Pursuant to Article 48, Article 50 of the Road Traffic Law dated June 29, 2001;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to point d, Clause 1, Article 23, Clause 1, Article 25, and Article 27 of Decree No. 179/2004/NĐ-CP dated October 21, 2004 of the Government on state management of product quality and goods;

Upon the proposal of the Director of the Vietnam Vehicle Inspection Agency, the Head of the Science and Technology Department, and the Head of the Legal Affairs Department,

DECISION:

Article 1. This Decision promulgates regulations on quality control, technical safety, and environmental protection for imported motor vehicles into Vietnam.

Article 2. This Decision takes effect 15 days from the date of publication in the Official Gazette and replaces Decision No. 1944/1999/QĐ-BGTVT dated August 7, 1999 of the Minister of Transport on regulations for quality control and technical safety of imported road motor vehicles.

Article 3. The Director of the Vietnam Vehicle Inspection Agency shall coordinate with the Science and Technology Department to guide, organize, and supervise the implementation of this Decision.

Article 4. The Chief of the Office, Heads of the Science and Technology Department, Legal Affairs Department, Transport Department, Vietnam Highway Administration, Vietnam Vehicle Inspection Agency, Directors of Provincial Departments of Transport/Transport and Public Works, and Heads of relevant agencies and units are responsible for implementing this Decision.

 

 

REGULATIONS

ON QUALITY CONTROL, TECHNICAL SAFETY

AND ENVIRONMENTAL PROTECTION OF IMPORTED MOTOR VEHICLES INTO VIETNAM

(PROMULGATED BY DECISION NO. 35/2005/QĐ-BGTVT

DATED JULY 21, 2005 OF THE MINISTER OF TRANSPORT)

PART I

GENERAL PROVISIONS

Article 1Objectives and Scope of Application

1. This document stipulates quality control, technical safety, and environmental protection requirements for various types of motor vehicles imported into Vietnam by domestic and foreign organizations and individuals (hereinafter referred to as organizations and individuals).

2. This regulation does not apply to:

a) Imported motorcycles and motorbikes;

b) Imported motor vehicles used for national defense and security purposes by the Ministry of Defense.

Article 2. Interpretation of Terms

In these regulations, the following terms are understood as follows:

1. Motor vehicles Motor vehicles are defined as mechanical transportation means operating on roads according to the latest version of standards TCVN 6211 and TCVN 7271.

2. A consignment of imported vehicles refers to imported motor vehicles declared in the same Import Declaration Form.

3. Motor vehicles of the same type refers to motor vehicles of the same industrial owner, same brand, design, technical specifications, and origin.

Article 3. Imported motor vehicles into Vietnam must comply with current regulations on types and technical standards for motor vehicles.

Article 4. The Vietnam Vehicle Inspection Agency (hereinafter referred to as the Quality Control Authority) organizes and conducts state inspections on quality, technical safety, and environmental protection (hereinafter referred to as inspections) of imported motor vehicles throughout the country.

Chapter II

REGULATIONS ON INSPECTION OF IMPORTED MOTOR VEHICLES

Article 5. Registration Documents for Inspection

1. The registration documents for inspection for each consignment of imported vehicles consist of one set including the following documents:

a) An inspection registration form clearly stating the chassis number, engine number, and year of manufacture of the motor vehicle.

b) A copy of the import documentation.

c) Technical documentation, which includes a technical feature introduction (a copy) and/or a registration form of technical specifications of imported motor vehicles (original) provided by the importing organization or individual, which should include the following basic contents:

- Dimensions;

- Weight specifications: gross weight; payload; total weight; weight distribution on axles (applicable only to motor vehicles with a total weight of 15 tons or more);

- Basic technical specifications of the engine;

- Number of passengers allowed including the driver;

- Tire size;

- Introduction to major systems such as power transmission system; braking system; steering system; suspension system; lighting and signaling system; special equipment installed on the vehicle (if applicable).

For unused imported motor vehicles, in addition to the technical documentation mentioned above, the importing organization or individual must supplement a copy of the factory release inspection report issued by the manufacturer for each motor vehicle indicating the chassis number, engine number (if available), or the original certificate of conformity (C/Q) issued by the manufacturer for the imported motor vehicle type.

2. The technical documentation specified in point c, Clause 1, Article 5 is exempted for imported motor vehicles of the same type that have already been inspected and certified with a certificate of quality, technical safety, and environmental protection for imported motor vehicles (hereinafter referred to as the certificate).

Article 6. Inspection for unused motor vehicles

1. Exemption from inspection

Exemption from quality inspection shall be granted to unused motor vehicles produced before the importation date not exceeding three years, complying with the requirements set forth in Article 3, having valid documentation as stipulated in Article 5, and satisfying one of the following conditions:

a) The motor vehicle has been inspected under an agreement or mutual recognition arrangement regarding standards and conformity that Vietnam has signed;

b) The motor vehicle has a certificate confirming compliance with the ECE, EEC, EC European regulations on technical safety and environmental protection for motor vehicles issued by a competent foreign authority;

c) The motor vehicle is of the same type as those previously inspected and certified by the Quality Inspection Agency.

2. Inspection

Unused motor vehicles imported without adhering to the requirements set forth in Clause 1 of Article 6 shall be inspected as follows:

a) One sample of each type of vehicle shall be inspected for:

- Motor vehicles imported without complete technical documents as specified in point c, Clause 1, Article 5, or

- Motor vehicles imported after being inspected at the place of export according to specific requirements.

b) Each individual vehicle shall be inspected for:

- Unused motor vehicles produced more than three years prior to the importation date, or

- In cases where the Quality Inspection Agency has evidence of discrepancies between the technical documents and the imported motor vehicle's technical specifications.

c) Scope of inspection: Only general inspections, engine inspections, brake system inspections, suspension system inspections, steering system inspections, electrical equipment and lighting signal inspections as prescribed in Article 7 shall be conducted.

Article 7. Inspection for used motor vehicles

Used motor vehicles imported with valid documentation shall be individually inspected as follows:

1. General inspection

a) The chassis number and engine number must match the registration documents;

b) The motor vehicle must be in normal operating condition, fully functional, and have a shape and structure consistent with the registered technical documents at the Quality Inspection Agency (except for cargo trucks without a cargo box);

c) The motor vehicle must comply with the size regulations of the Ministry of Transport;

d) The motor vehicle must comply with the weight and weight distribution regulations of the Ministry of Transport on its axles. For cargo vehicles with axle weight distribution exceeding the regulations, the permissible load capacity of the imported vehicle will be determined based on the calculated axle load capacity according to the regulations.

If the imported motor vehicle has changes in some technical specifications compared to the base vehicle, the total weight of the motor vehicle must not exceed the total weight of the base vehicle as stated in the technical documents.

2. Bodywork, driver's cabin, cargo box inspection

a) No cracks, deformation, or tears;

b) The bodywork paint (excluding the cargo box) and driver's cabin paint must not flake off in large pieces;

c) Doors must open and close smoothly, and must not open automatically when the vehicle is moving;

d) Windshields and window panes must be safety glass, appropriate to the type of vehicle, and comply with safety regulations for passengers; they must not have cracks or scratches;

e) Rearview mirrors must be present in sufficient quantity, of the correct type, securely positioned;

f) The frame must not be warped, cracked, or corroded;

g) The driver's seat and passenger seats must be arranged according to the technical documents, securely assembled, and comply with current standards in terms of size.

3. Engine inspection

a) Must be of the correct type or equivalent power. The engine power for one ton of the vehicle's total weight must reach 7.35 kW or more;

b) There must be no fuel, lubricating oil, or coolant leakage;

c) The engine must start successfully within three consecutive attempts using the electric starter, with each attempt lasting no more than five seconds;

d) The engine must operate stably at idle speed; there must be no unusual knocking sounds;

e) The lubricating oil pressure and cooling water temperature during stable operation must fall within the limits specified in the technical documents for that engine type;

f) The maximum allowable exhaust gas emissions must not exceed the current regulations for motor vehicles;

g) Noise levels must not exceed the current regulations for motor vehicles.

4. Transmission and drive system inspection

a) The combined toe-in angle of the front wheels must not exceed 15 degrees;⁰;

b) There must be no unusual knocking sounds from the transmission, auxiliary transmission, main drive mechanism, etc., during operation;

c) The clutch must engage smoothly, fully, and decisively cut off. The free travel and working stroke of the clutch pedal must be within the limits specified in the technical documents for that type of vehicle. A hydraulic clutch must not leak oil;

d) The transmission and auxiliary transmission must shift gears easily, without jamming or automatic shifting, and must not leak oil;

e) The driveshaft must not be deformed or cracked;

f) The front differential must operate normally, without cracks or oil leaks;

g) The rear differential must not be deformed or cracked;

h) The wheel hubs must not be loose or jammed;

i) The tires must match the technical documents, be in sufficient quantity, and must not be bulged or cracked.

5. Brake system inspection

a) All parts and components as specified in the technical documents for that type of vehicle must be present;

b) Oil and air lines must not be cracked, worn, flattened, or leaking;

c) For hydraulic braking systems: After no more than two brake applications, the braking system must function. The time from applying the brakes until their effect ceases must be no less than 1.5 minutes;

d) For pneumatic braking systems: After ten minutes of engine idling, the air pressure in the reservoir must meet the level specified in the technical documents for that type of vehicle. When the brake pedal is fully depressed, the air pressure in the reservoir must not be less than 5 kg/cm². Thirty minutes after turning off the engine, the air pressure reduction in the reservoir must not exceed 0.5 kg/cm².². Thirty minutes after engine shutdown, the amount of pressure reduction in the compressed air tank does not exceed 0.5 kG/cm²².

6. Steering system inspection

a) All assemblies and components as specified in the technical documents for that type of vehicle must be present and must operate normally and stably;

b) The steering wheel must be of the correct type, undamaged, and positioned on the left side of the vehicle (unless permitted by a competent authority);

c) The steering column must be of the correct type, properly assembled, and must not have longitudinal or angular play.

d) The steering mechanism must be correctly structured according to its type, without oil leakage, properly assembled with all necessary securing details to prevent loosening;

e) The steering linkage rods must not be deformed or cracked, and must be securely fastened to prevent loosening;

f) The ball joints and steering joints must be correctly assembled and firmly secured, with sufficient securing details to prevent loosening, and must not produce any noise when turning the steering wheel;

g) The steering shaft must not have any looseness between the bushing and the shaft, and the positioning pin must be securely fixed;

h) The steering wheel play angle:

- Must not exceed 10 degrees⁰ for passenger cars, buses up to 12 seats including the driver, trucks with a carrying capacity up to 1500 kg;

- Must not exceed 20 degrees⁰ for buses over 12 seats including the driver;

- Must not exceed 25 degrees⁰ for trucks with a carrying capacity over 1500 kg;

- The maximum steering wheel play angle for specialized vehicles shall correspond to the limit of the base vehicle or as specified in the manufacturer's technical documentation;

7. Check the suspension system

a) Elastic components such as leaf springs, coil springs, torsion bars, etc., must be of the correct type, in sufficient quantity, free from cracks or misalignment. There should be no wear forming ridges at the contact surfaces between the leaves of the leaf springs. Ensure the ground clearance of the vehicle is as per the technical documentation of that type of vehicle;

b) For pneumatic elastic components: there must be no air leaks, ensuring the vehicle body is balanced in all directions;

c) Hydraulic shock absorbers must function normally and there must be no oil leaks;

8. Check electrical equipment, lighting, and signaling devices

a) All electrical equipment must be complete and in accordance with the technical documentation of that type of vehicle, and must operate to ensure their functions;

b) The horn, headlights, signal lights, and windshield wipers must meet current safety technical standards for motor vehicles in operation;

9. Check specialized mechanisms

For specialized motor vehicles, the specialized mechanisms must be complete and ensure functions appropriate to the technical documentation of that type of vehicle;

Article 8. Handling the results of the inspection

1. For motor vehicles complying with the requirements set out in Clause 1 of Article 6, a notification exempting them from inspection for quality, technical safety, and environmental protection of imported motor vehicles (hereinafter referred to as the exemption notification) will be issued according to the form attached as Appendix 1 to this Regulation;

2. For motor vehicles that pass the inspection, the Quality Inspection Authority shall issue a certificate according to the form attached as Appendix 2 to this Regulation;

3. For motor vehicles that fail the inspection, the Quality Inspection Authority shall issue a Notification of Non-Conformity with Quality, Technical Safety, and Environmental Protection Standards for Imported Motor Vehicles according to the form attached as Appendix 3 to this Regulation and send it to the importing organization or individual for appropriate action;

4. The certificate or exemption notification for imported motor vehicles may be used to process initial technical safety inspections and other related procedures as required by competent authorities (e.g., registering motor vehicles, processing import procedures);

For motor vehicles that have been issued a certificate or exemption notification but suffer damage during loading/unloading, transportation, or storage, rendering them non-compliant with quality standards, the certificate or exemption notification previously issued for those vehicles will become invalid;

5. Handling of Other Cases

a) In cases where the technical documentation specified in Point c, Clause 1, Article 5 does not fully reflect the required contents, the basic technical specifications of the vehicle will be determined based on actual inspection results;

b) For specialized motor vehicles whose dimensions and/or weight exceed current regulations, they may be inspected for importation, but the quality certificate must clearly state that they require permission from the competent authority responsible for road management when participating in traffic;

c) For motor vehicles that have undergone changes abroad in some technical specifications and structure compared to the base vehicle, the importing organization or individual must present technical documentation for the modified vehicle. After inspection, if the motor vehicle meets the quality and technical safety requirements for imported motor vehicles, the quality inspection authority will issue a certificate for that vehicle, which must clearly indicate that the vehicle has been modified abroad;

d) For motor vehicles whose chassis number and/or engine number have been altered, the quality inspection authority will only conduct an inspection if the alteration was due to a manufacturing defect and has been confirmed by the manufacturer. In cases where there are doubts about the chassis number and/or engine number of the vehicle, the quality inspection authority will request an appraisal from a specialized appraisal agency;

e) For imported motor vehicles damaged during transportation from the port of discharge to Vietnam, repair is permitted under the following circumstances:

- The body, cab, cargo box has scratches or localized oxidation on the paint layer but is not infested with pests or perforated;

- Windshield, window glass is cracked or broken;

- Lighting and signaling systems: Cracked or broken; Missing relays; Colors of the lights do not comply with current regulations;

- Rearview mirrors are cracked or broken;

- Windshield wipers are damaged or malfunctioning;

- Battery is not functioning.

Chapter III

IMPLEMENTATION

Article 9. Organizations and individuals importing shall be responsible for:

1. Bearing responsibility for the truthfulness and accuracy of the documents provided to the Quality Inspection Authority;

3. Presenting the original condition of motor vehicles for the Quality Inspection Authority to conduct inspections;

4. Implementing decisions made by the Ministry of Transport if there are violations of regulations concerning state quality inspection of imported motor vehicles.

Article 10. The Quality Inspection Authority shall be responsible for:

1. Implementing this regulation while also being responsible for guiding organizations and individuals importing in ensuring requirements related to quality, technical safety, and environmental protection for imported motor vehicles;

2. Uniformly issuing and managing certificates and notifications of exemption from inspection;

3. Conducting inspections and testing of motor vehicles according to necessary contents when there are doubts about the non-compliance of technical parameters of the vehicles;

4. Developing and promulgating guidelines and procedures for quality, technical safety, and environmental protection inspections of various types of imported motor vehicles into Vietnam;

5. Collecting fees related to inspections, issuance of certificates, and notifications of exemption from inspection in accordance with current regulations;

6. Storing inspection records of motor vehicles for a period of three years;

7. Summarizing the results of quality inspections of imported motor vehicles to report to the Ministry of Transport in January and July each year./.