Decision No. 37/2003/QĐ-BKHCN on the issuance of "Regulations on quality management, industrial property rights, and technology transfer for two-wheeled motorcycles, engines, and spare parts produced, assembled domestically, and imported.

 

Pursuant to …;

Regarding the issuance of "Regulations on Quality Management, Industrial Property, and Technology Transfer for Two-Wheeled Motorcycles, Engines, and Spare Parts Produced Domestically and Imported"

 Produced, Assembled Domestically and Imported

production, assembly within the country, and import

THE MINISTER OF SCIENCE AND TECHNOLOGY

 Pursuant to the Ordinance on Quality of Goods dated December 24, 1999;

Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 86/CP dated December 8, 1995 of the Government stipulating the responsibilities for state management of product quality;
Pursuant to Decision No. 147/2002/QĐ-TTg dated October 25, 2002 of the Prime Minister regarding the mechanism for managing import and export, production, and assembly of two-wheeled motorcycles and spare parts for the period 2003-2005;

Pursuant to the guidance of the Prime Minister in Circular No. 1665/CP-KTTH dated December 25, 2002 on strengthening the management of quality and taxable value for imported motorcycles, engines, and motorcycle spare parts;

Pursuant to the guidance of the Prime Minister in Circular No. 1699/CP-KTTH dated December 31, 2002 on implementing measures to manage imports, production, assembly, and circulation of motorcycles in 2003;

At the proposal of the Director General of the Standardization, Metrology, and Quality Control Agency, the Director of the Intellectual Property Office, and the Head of the Technology Evaluation, Appraisal, and Inspection Department;

DECISION:

Clause 4 of Article 6Issued with this Decision are "Regulations on Quality Management, Industrial Property, and Technology Transfer for Two-Wheeled Motorcycles, Engines, and Spare Parts Produced Domestically and Imported."

12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentThe Standardization, Metrology, and Quality Control Agency, the Intellectual Property Office, and the Technology Evaluation, Appraisal, and Inspection Department shall organize, guide, and inspect the implementation of this Decision.

Article 3. This Decision takes effect 15 days after its publication in the Official Gazette and replaces Decision No. 01/2003/QĐ-BKHCN dated January 30, 2003 of the Minister of Science and Technology on the issuance of "Regulations on Quality Management, Industrial Property, and Technology Transfer for Two-Wheeled Motorcycles, Engines, and Motorcycle Spare Parts Produced Domestically and Imported."

Article 4. The Standardization, Metrology, and Quality Control Agency, the Intellectual Property Office, the Technology Evaluation, Appraisal, and Inspection Department, and related agencies, organizations, and enterprises producing, assembling, and importing two-wheeled motorcycles, engines, and motorcycle spare parts are responsible for implementing this Decision./.

 

 

REGULATIONS

QUALITY MANAGEMENT, INDUSTRIAL PROPERTY, AND TECHNOLOGY TRANSFER FOR TWO-WHEELED MOTORCYCLES, ENGINES, AND SPARE PARTS PRODUCED DOMESTICALLY AND IMPORTED
(Issued together with Decision No. 37/2003/QĐ-BKHCN dated December 31, 2003 of the Minister of Science and Technology)

1. General Provisions

1.1. This document stipulates the contents and procedures for quality management, industrial property, and technology transfer for two-wheeled motorcycles (hereinafter referred to as motorcycles), engines, and spare parts produced domestically and imported, which are included in the List of Motorcycles, Engines, and Motorcycle Spare Parts that must apply Vietnam Technical Standards (VNTS) issued together with Decision No. 13/2003/QĐ-BKHCN dated May 26, 2003 of the Minister of Science and Technology (hereinafter referred to as Decision No. 13/2003/QĐ-BKHCN).

For spare parts of motorcycles included in the List of Motorcycles, Engines, and Motorcycle Spare Parts that must apply Vietnam Technical Standards issued together with Decision No. 13/2003/QĐ-BKHCN but not yet effective, they shall be implemented according to Point 2.2.3 of this document.

1.2. This document applies to the following entities:

- Enterprises producing and assembling motorcycles

- Enterprises producing and assembling motorcycle engines and spare parts.

- Enterprises importing motorcycles, motorcycle engines, and motorcycle spare parts.

This document does not apply to motorcycles, engines, and motorcycle spare parts imported for security and defense purposes confirmed by the leadership of the main managing ministry.

1.3. Enterprises producing and assembling motorcycles, motorcycle engines, and motorcycle spare parts must implement the declaration of product quality standards according to the Interim Regulations on Declaration of Product Quality Standards issued together with Decision No. 2425/2000/QĐ-BKHCNMT and the declaration of conformity to standards according to the Interim Regulations on Declaration of Conformity to Standards issued together with Decision No. 2424/2000/QĐ-BKHCNMT dated December 12, 2000 of the Minister of Science, Technology, and Environment (now the Ministry of Science and Technology).

1.4. The inspection of quality of domestically produced motorcycles and motorcycle engines shall be carried out in accordance with current laws.

1.5. Motorcycles, motorcycle engines, and motorcycle spare parts produced and assembled domestically and imported must comply with the provisions of the law on industrial property.

1.6. Enterprises producing and assembling motorcycle engines must have technology transfer contracts from partners (foreign or domestic) who have researched and produced motorcycle engines meeting Vietnam Technical Standards or equivalent foreign standards.

2. On Quality Management

2.1. For motorcycles and motorcycle engines

2.1.1. For domestically produced and assembled motorcycles and motorcycle engines

Enterprises producing and assembling motorcycles and motorcycle engines must declare the completion of motorcycles and motorcycle engines conforming to the corresponding Vietnam Technical Standards (VNTS) listed in Point 1.1 and according to Point 1.3 of this document.

- Implement quality inspections in accordance with current laws.

2.1.2. For completely imported motorcycles and assembled motorcycle engines

Enterprises importing completely imported motorcycles and assembled motorcycle engines must have one of the following documents on quality:

- A declaration from the manufacturing facility in the exporting country about the conformity of the product to the corresponding Vietnam Technical Standards listed in Point 1.1 of this document accompanied by a test report issued by the testing laboratory of the manufacturing facility in the exporting country or an independent testing laboratory in the exporting country recognized by a Vietnamese accreditation body as compliant with ISO/IEC 17025;

- A certificate of conformity of the product to the corresponding Vietnam Technical Standards listed in Point 1.1 of this document issued by a certification organization in the exporting country recognized by the Standardization, Metrology, and Quality Control Agency.

In the absence of the aforementioned documents, enterprises importing motorcycles in their entirety and complete motorcycle engines shall be required to conduct quality inspections in accordance with current regulations.

2.2. Regarding motorcycle spare parts

2.2.1. For domestically produced motorcycle spare parts

Enterprises producing motorcycle spare parts must undertake: Announcing quality standards for motorcycle spare parts and announcing that such spare parts comply with the corresponding Vietnamese Standards (VNS) listed in Point 1.1 and as stipulated in Point 1.3 of this document.

- Implement quality inspections in accordance with current laws.

2.2.2. For imported motorcycle spare parts

Enterprises importing motorcycle spare parts must have one of the following documents regarding quality:

- A declaration from the production facility in the exporting country regarding the compliance of the product with the corresponding Vietnamese Standard (VNS) listed in Point 1.1 of this document, accompanied by a test report issued by the testing laboratory of the production facility in the exporting country or an independent testing laboratory in the exporting country recognized by the Vietnamese Accreditation Authority as meeting the ISO/IEC 17025 standard;

- A certificate confirming the compliance of the product with the corresponding Vietnamese Standard (VNS) listed in Point 1.1 of this document issued by a certification organization in the exporting country recognized by the Vietnam National Standardization, Metrology and Quality Control Department.

In the absence of the above documents, enterprises importing motorcycle spare parts must submit documentation on the batch of imported spare parts and representative samples of the batch of motorcycle spare parts to one of the following agencies for testing:

- The Technical Standard Metrology Quality Control Center 1;

- The Technical Standard Metrology Quality Control Center 2;

- The Technical Standard Metrology Quality Control Center 3;

- The Motor Vehicle Testing Center under the Vietnam Registration Bureau;

- Or another testing agency designated by the Ministry of Science and Technology;

The number of representative samples to be submitted according to the requirements of the above agencies.

The Vietnam National Standardization, Metrology and Quality Control Department will review and issue a quality confirmation certificate based on the documentation and test results of the representative samples that meet the corresponding Vietnamese Standard (VNS) listed in Point 1.1 of this document.

The quality confirmation certificate includes the following contents:

- Information related to the product: Name, code, type of imported spare part; name of the importing enterprise; name of foreign manufacturer;

- Confirmation that the representative sample of the spare part meets the requirements of the corresponding Vietnamese Standard (VNS).

Batches of imported spare parts that match the tested and certified representative sample and are accompanied by a copy of the quality confirmation certificate will be allowed to be imported into Vietnam without further quality inspection.

2.2.3. Quality management for motorcycle spare parts included in the list of motorcycles, engines, and spare parts must apply the Vietnamese Standard issued together with Decision No. 13/2003/QD-BKHCN before the effective date of the standard application as follows:

2.2.3.1. For domestically produced motorcycle spare parts

Enterprises producing motorcycle spare parts must undertake: Announcing quality standards for spare parts and encouraging the announcement of motorcycle spare parts that comply with the corresponding Vietnamese Standard (VNS) listed in Point 1.1 and as stipulated in Point 1.3 of this document.

2.2.3.2. For imported motorcycle spare parts

Imported motorcycle spare parts into Vietnam must have clear origin, including the name and address of the manufacturer and supplier.

Enterprises may only import spare parts from production facilities that have been certified to have a quality management system according to ISO 9000 or QS 9000 or an equivalent quality management system applicable to the motorcycle spare parts manufacturing sector. In special cases, the Ministry of Science and Technology will consider and decide specifically.

Enterprises must submit documents on the origin of spare parts and copies of the quality management system certificates mentioned above to the Ministry of Science and Technology for review. The Ministry of Science and Technology is responsible for notifying the General Department of Customs and other relevant agencies to proceed with customs clearance procedures and coordinate management.

2.3. Quality clearance procedures for imported motorcycles, engines, and spare parts

2.3.1. For complete motorcycles and complete motorcycle engines

The Ministry of Science and Technology will notify the General Department of Customs of the list of foreign certification and testing organizations recognized by competent Vietnamese authorities for coordinated management.

Batches accompanied by a copy of the quality certification certificate from certification organizations or declarations from production facilities along with the test reports specified in Point 2.1.2 of this document will be reviewed for quality clearance by customs authorities without further quality inspection.

2.3.2. For motorcycle spare parts included in the list of motorcycles, engines, and spare parts that must apply the Vietnamese Standard issued together with Decision No. 13/2003/QD-BKHCN before the effective date of the standard application: Customs authorities will base their decision on the notification from the Ministry of Science and Technology regarding the compliance of imported spare parts batches with quality requirements to determine whether to grant quality clearance.

2.3.3. For other motorcycle spare parts included in the list of motorcycles, engines, and spare parts that must apply the Vietnamese Standard issued together with Decision No. 13/2003/QD-BKHCN, quality clearance procedures will be carried out in accordance with the provisions of Point 2.3.1 of this document.

3. On industrial property rights

3.1. Enterprises producing, assembling motorcycles, engines, and motorcycle spare parts must have one of the following documents to be considered as having a protected trademark:

a. Certificate of registration of a trademark, where the enterprise is the owner of the trademark; or

b. Confirmation from the industrial property management authority regarding the protection of the trademark in Vietnam under the Madrid Agreement, where the enterprise is the owner of the trademark; or

c. Trademark licensing agreement registered with the industrial property management authority, where the enterprise is the licensee.

3.2. The activities of importing motorcycles in their entirety, motorcycle spare parts, producing, commissioning domestic production of motorcycle spare parts, assembling spare parts into complete motorcycles, putting spare parts and complete motorcycles into circulation (selling, distributing) must comply with the laws on industrial property rights.

Enterprises directly implementing these activities must ensure that they do not infringe upon the industrial property rights (for patents, utility models, industrial designs, trademarks) of others.

3.3. When processing applications to relevant state management agencies for permission to import, produce, and assemble motorcycles, enterprises must provide a commitment not to infringe upon protected industrial property rights, and if infringement occurs, they will be held responsible according to the law. The Ministry of Science and Technology will review and notify this commitment along with the notification regarding quality assurance to related agencies for coordinated management.

4. Regarding technology transfer

4.1. The content of technology transfer contracts shall be implemented in accordance with Decree No. 45/1998/NĐ-CP dated July 1, 1998 of the Government detailing technology transfer and Circular No. 1254/1999/TT-BKHCNMT dated July 12, 1999 of the Ministry of Science, Technology, and Environment (now the Ministry of Science and Technology) guiding the implementation of Decree No. 45/1998/NĐ-CP dated July 1, 1998 of the Government detailing technology transfer.

4.2. Contracts for transferring technology to produce, manufacture, and assemble motorcycle engines from abroad into Vietnam and domestic technology transfer contracts must be reviewed and registered in accordance with current laws on technology transfer.

5. Implementation organization

5.1. On quality management

5.1.1. Enterprises organizing the publication of product quality standards and the announcement of products meeting standards in accordance with current regulations and implementing them as announced. Announcements made previously by enterprises that do not conform to the Vietnamese Standards listed in the Motorcycle and Motorcycle Engine Spare Parts Directory must apply the Vietnamese Standards and such announcements will have no validity, and enterprises must reannounce in compliance.

5.1.2. Within seven days from the date of announcing the product quality standards and conformity declarations, enterprises must send copies of these announcements to the National Standardization, Metrology, and Quality Control Agency and the Provincial Standardization, Metrology, and Quality Control Agency where the enterprise's headquarters is located. The National Standardization, Metrology, and Quality Control Agency will compile and report to the Ministry of Science and Technology, the Ministry of Transport, the Ministry of Industry, the Ministry of Trade, the Ministry of Finance, the General Department of Customs, and other relevant agencies a list of enterprises that have made conformity declarations.

5.1.3. The National Standardization, Metrology, and Quality Control Agency will organize inspections of the activities of publishing product quality standards and conformity declarations for domestically produced and assembled motorcycles, motorcycle engines, and motorcycle spare parts by enterprises.

5.2. On industrial property rights

5.2.1. To ensure that there is no violation of the law and no disputes over industrial property rights, enterprises need to conduct legal checks on industrial property objects (trademarks, industrial designs, patents, utility models) related to motorcycles, motorcycle engines, and motorcycle spare parts right from the preparation stage (preparation for signing import contracts for spare parts, preparation of conditions for producing or commissioning domestic production of spare parts, and preparation of conditions for assembling motorcycles).

5.2.2. Information about protected industrial property objects in Vietnam is published in the Industrial Property Gazette and recorded in the Industrial Property Register (kept at the industrial property management agency). Therefore, enterprises can independently search for this information to know whether the industrial property objects related to their components and assembled products are protected and, if so, who they belong to. If enterprises cannot resolve this issue themselves, they may use the search services provided by the industrial property management agency.

5.2.3. In cases where the audit results show that the industrial property objects used for spare parts and assembled motorcycles are not protected in Vietnam, the immediate importation of spare parts and assembly of motorcycles will not constitute an infringement of industrial property rights.

In cases where it is discovered that spare parts, engines, or complete motorcycles contain protected industrial property objects, the violating enterprise must immediately cease the infringing act and promptly contact to negotiate and sign a license agreement with the owner of the industrial property object and only use the industrial property object after registering this contract with the industrial property management agency.

5.3. On technology transfer

The model of technology transfer contracts and procedures, documents for registering contracts are stipulated in Circular No. 1254/1999/TT-BKHCNMT dated July 12, 1999 of the Ministry of Science, Technology, and Environment (now the Ministry of Science and Technology) guiding the implementation of Decree No. 45/1998/NĐ-CP dated July 1, 1998 of the Government detailing technology transfer and Circular No. 11/2002/TT-BKHCN dated November 29, 2002 of the Ministry of Science and Technology guiding the implementation of point d, Clause 1, Article 4 of Decree No. 59/2002/NĐ-CP dated June 4, 2002 of the Government on abolishing some permits and replacing some permits with alternative management methods.

5.4. Periodically or unexpectedly, the Ministry of Science and Technology will organize inspections of the implementation of the provisions of this document by enterprises producing, assembling, or importing motorcycles, motorcycle engines, and motorcycle spare parts.

5.5. Enterprises violating the provisions of this document are not permitted to produce, assemble, or import motorcycles, motorcycle engines, and motorcycle spare parts and will be dealt with according to the law.