Circular No. 41/2013/TT-BGTVT on the inspection of technical safety quality for electric bicycles

CIRCULAR

Regulations on technical safety quality inspection electric bicycles

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13, 2008; Traffic Law on Roadways dated OctoberJune 2024;Pursuant to the Enterprise Law dated December 26,

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Decree No. 107/201249/2025/NĐ-CP dated December 20, 20251187/2013/NĐ-CP dated December 20of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs4. Circular No. 34/2013/TT-BGTVT dated October 15, 2013 of the Minister of the Ministry of Transport stipulating the tasks, powers, and organization of the Inspectorate of the Vietnam Maritime Administration.

At the proposal of the Director of the Department of Science and Technology and the Director of the Vietnam Registration Agency,amendof Vietnam,

The Minister of Transport issues this Circular quon technical safety quality inspectionon of electric bicycles.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. lThis Circular stipulates the technical safety quality inspection of domestically produced and assembled electric bicycles and imported ones.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

a) Electric bicycles produced, assembled, or imported for national defense and security purposes by the Ministry of National Defense and the Ministry of Public Security.

2. This Circular does not apply to:

b) Imported or temporarily imported electric bicycles with a quantity of only one unit not for commercial purposes.

c) Electric motorcycles and electric motorbikes are regulated by Circular No. 44/2012/TT-BGTVT dated October 23, 2012, issued by the Minister of Transport regarding the technical safety quality inspection and environmental protection of imported motorcycles and motorbikes and Circular No. 45/2012/TT-BGTVT dated October 23, 2012, issued by the Minister of Transport regarding the technical safety quality inspection and environmental protection during production and assembly of motorcycles and motorbikes.

This Circular applies to organizations and individuals related to the production, assembly, import, business, inspection, testing, management, and certification of the technical safety quality of electric bicycles.

Article 2. Applicability

Electric bicycle

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. (hereinafter referred to as Vehicle) is a two-wheeled bicycle powered by a direct current motor or assisted by a direct current motor when pedaled, with a maximum engine power not exceeding 250 W, a maximum design speed not exceeding 25 km/h, and a gross weight (including battery) not exceeding 40 kg. Same model

2. Certification of type approval lis the process of inspecting, testing, reviewing, evaluating, and certifying the conformity of a type of Vehicle with the current national technical regulations on technical safety quality.i refers to Vehicles of the same industrial owner, same brand, design, and technical specifications, produced on the same production line.

3. Regulatory authority lThe Vietnam Registration Agency under the Ministry of Transport is the state regulatory body for the technical safety quality of Vehicles within the scope of this Circular (hereinafter referred to as Regulatory Authority). lis the process of inspecting, testing, reviewing, evaluating, and certifying the conformity of a type of Vehicle with the current national technical regulations on technical safety quality.i Vehicle Testing organization

4. is an organization that meets the conditions and is designated to conduct Vehicle tests according to corresponding national technical standards and relevant legal documents. reason quality of the document simultaneously poor quality of the document lQuantity: Production facility

5. testing facility is a manufacturing enterprise that meets the technical infrastructure requirements as prescribed.

6. Trading facilityn l2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. is an organization or individual engaged in distributing Vehicles on the market.

7. Import establishment is an organization or individual conducting the importation of Vehicles.

8. Test sampleiis a typical sample selected by the production facility or randomly taken by the Regulatory Authority for testing. Defective vehicle

9. Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSis a Vehicle with defects in design, production, or assembly that can endanger the lives and property of users and adversely affect community safety and the environment. Recall

10. is the action of the production or import facility recalling defective Vehicles from the batch or type they have supplied to the market to repair, replace parts, or replace with another Vehicle to prevent potential dangers caused by design, production, or assembly defects. lTECHNICAL SAFETY QUALITY INSPECTION REGULATIONS 1. Technical safety requirements and testing methods are specified in National Technical Regulation QCVN 68:2013/BGTVT

11. National Technical Regulation on Electric Bicycles. Vehicle 2. The production facility and the import facility are responsible for transferring test samples to the testing location. The testing facility is responsible for testing the samples according to the corresponding national technical standard procedures; preparing a test result report according to the prescribed format and bearing responsibility for their test results. In necessary cases, the Regulatory Authority will directly supervise the testing process.

Chapter II

3. Management of test samples a) After testing and preparing the test result report, the testing facility returns the sample and the test result report to the production facility and the import facility;

Article 4. Sample Testing

b) The production facility must retain typical samples for at least one year from the date it ceases to produce or assemble the same type of Vehicle. The production facility is responsible for managing the typical samples so that they are not damaged by environmental factors and can be presented upon request by the Regulatory Authority. National technical regulation on electric bicycles.

2. Production facilities and import facilities are responsible for transferring test samples to the testing location. Testing facilities are responsible for conducting tests according to the corresponding procedures in accordance with the national technical regulations; preparing test result reports in the prescribed format and bearing responsibility for their test results. In necessary cases, the Management Agency will directly supervise the testing process.

3. Sample management

a) After completing the test and preparing the test result report, the testing facility returns the sample and the test result report to the production facility and import facility;

b) The production facility must retain typical samples for no less than one year from the date the production facility ceases to produce or assemble similar types of vehicles. The production facility is responsible for managing typical samples in such a way that they are not damaged by environmental factors and can be presented when requested by the Management Agency.

Article 5. Registration for Quality and Technical Safety Certification

1. The registration dossier for quality and technical safety certification of manufactured and assembled vehicles includes:

a) A technical specification registration form according to the model prescribed in Appendix I attached to this Circular;

b) Original Test Result Report of the testing facility;

c) A description of the production and assembly technology process and quality inspection of the vehicle;

d) User guide including main technical specifications, usage methods of the vehicle's equipment, fire safety and environmental protection instructions; warranty card of the vehicle (clearly stating conditions and addresses of warranty facilities);

đ) A copy of the Business Registration Certificate or investment certificate appropriate for the first-time manufacturing and assembling facility;

e) A commitment from the manufacturing facility that the proposed vehicle type for certification does not infringe on protected industrial property rights and the enterprise will bear responsibility according to the law if infringement occurs;

g) A product label description including: size, content, and position on the vehicle. The product label must include at least the following information: name and address of the manufacturing facility; brand; model number; gross weight; passenger capacity; engine power; approved type approval number; year of manufacture; origin.

2. The registration dossier for quality and technical safety inspection of imported vehicles includes:

a) An import electric bicycle quality inspection registration form (hereinafter referred to as the Inspection Registration Form) according to the model prescribed in Appendix II attached to this Circular;

b) A copy of the import declaration confirmed by the importing entity including: import goods declaration form, commercial invoice or equivalent documents related to the value of the goods;

c) Technical feature introduction documents provided by the manufacturer, which include the main specifications such as: dimensions, weight, passenger capacity, maximum speed, tire size, maximum engine power, battery voltage and capacity, continuous running distance;

In cases where the technical feature introduction documents provided by the manufacturer do not fully comply with the requirements stipulated in point c of this clause, the importing entity shall use the technical specification registration form according to the model prescribed in Appendix I attached to this Circular;

For vehicles of the same type that have been inspected and granted an import quality certificate by the regulatory authority, they are exempted from providing technical feature introduction documents from the manufacturer;

d) A product label description including size, content, and position on the vehicle. The product label must include at least the following information: name and address of the manufacturing facility; name and address of the importing entity; brand; model number; gross weight; passenger capacity; engine power; year of manufacture; origin.

Article 6. Quality Inspection of Manufactured and Assembled Vehicles

Quality inspection of manufactured and assembled vehicles is carried out based on evaluating the quality assurance conditions at the manufacturing facility (hereinafter referred to as COP assessment).

1. The manufacturing facility must meet the following requirements:

a) Having production and assembly procedures and operational guidelines for each vehicle type from component quality control at the input stage, quality inspection at each production stage, and final quality check before shipment to ensure safety and technical performance standards of the vehicle;

b) Having necessary testing equipment for each production stage consistent with the established production and assembly processes;

c) Having sufficient human resources to carry out production and quality inspection consistent with the established production and assembly processes.

2. Contents of COP Assessment:

a) Production, assembly, and quality inspection procedures and guidelines: input component inspection, inspection at each production stage, and final inspection;

b) Quality inspection equipment;

c) Human resources for quality inspection.

3. Forms of COP evaluation:

a) Initial COP assessment is conducted when issuing a quality and technical safety certification for the vehicle;

c) Unannounced COP assessments are conducted when the production facility shows signs of violating quality inspection regulations, using quality inspection certificates, or when there are complaints about vehicle quality.

c) Unannounced COP assessments are conducted when there are signs of violations related to quality inspection procedures or complaints about vehicle quality;

For similar vehicle types without significant changes in production and assembly technology and quality inspection processes, previous COP assessment results can be utilized.

Article 7. Quality Inspection of Imported Vehicles

1. Methods and Contents of Inspection

a) Conducting a general inspection to ensure uniformity of the batch of vehicles;

b) Random sampling from the batch of vehicles, the number of samples depending on the quantity of vehicles in the batch and is specified as follows:

c) Inspecting the identification of sample vehicles;

d) Testing sample vehicles according to the contents prescribed in Article 4 of this Circular;

đ) In cases where the number of samples exceeds 01, if one sample does not meet the requirements, it shall be considered that the batch of vehicles does not meet the requirements.

2. Exemption from Sample Testing

The following cases will be exempted from sample testing:

a) Vehicles of the same type that have been inspected under Agreements or mutual recognition agreements on standards and conformity that Vietnam has joined or signed;

b) For vehicles of the same type imported from the same Importing Entity which have already been tested and certified for quality. In cases where batches of vehicles belonging to the above-mentioned exempted categories show signs of not meeting quality standards, sample testing must be carried out according to the provisions of point d, Clause 1 of this Article.

Article 8. Issuance of Safety Technical Quality Certificate

The issuance of Safety Technical Quality Certificates for manufactured and assembled vehicles and imported vehicles (hereinafter referred to as the Certificate) shall be conducted in accordance with the following procedures and methods:

1. For Manufactured and Assembled Vehicles

a) The manufacturing entity shall prepare one set of registration files in accordance with Clause 1, Article 5 of this Circular and submit them directly or through postal services to the Management Authority;

b) The Management Authority shall accept and review the registration files. If the file components are incomplete as required, the manufacturing entity shall be instructed to complete them within the same working day; If the file components are complete as required, the Management Authority shall agree with the manufacturing entity on the time and location for COP assessment;

c) Within ten working days from the date of receiving all required file components, the Management Authority shall conduct an examination of the registration file content and carry out the COP assessment as prescribed in Article 6 of this Circular. If the requirements are not met, the manufacturing entity shall be notified to improve; If the requirements are met, the Certificate shall be issued according to the model prescribed in Appendix IIIa accompanying this Circular within five working days from the end of the inspection and assessment.

2. For Imported Vehicles

a) The importing entity shall prepare one set of registration files in accordance with Clause 2, Article 5 of this Circular and submit them directly to the Management Authority;

b) The Management Authority shall accept and review the registration files. If the registration files are incomplete as required, the importing entity shall be instructed to supplement and complete them within the same working day; If the registration files are complete as required, within one working day, the Management Authority shall confirm the Inspection Registration Form and agree with the importing entity on the time and location for inspection;

c) The Management Authority shall conduct inspections and examine the test results of vehicles as prescribed in Article 7 of this Circular. If the requirements are not met, the importing entity shall be notified to rectify within five working days from the end of the inspection; If the importing entity has not taken corrective measures within thirty days from the notification date, a non-compliance notice for import quality shall be issued according to the model prescribed in Appendix IIIc accompanying this Circular. If the requirements are met, the Certificate shall be issued according to the model prescribed in Appendix IIIb accompanying this Circular within five working days from the date of obtaining satisfactory inspection results.

Article 9. Quality Inspection of Vehicles during Production, Assembly, and Import

1. For Manufactured and Assembled Vehicles

a) The production facility may only proceed with the production and assembly of subsequent vehicles after obtaining a Certificate of Conformity and must ensure that these vehicles comply with the registered file and tested typical samples. The production facility shall be responsible for the origin, provenance, and quality of vehicles leaving the factory.

b) Each batch-produced vehicle must undergo a quality inspection upon leaving the factory (hereinafter referred to as "quality inspection upon leaving the factory") by the production facility.

c) Based on the issued Certificate of Conformity and the results of the quality inspection upon leaving the factory, the production facility shall prepare a list of vehicles leaving the factory to send to the Competent Authority. Within no more than two working days, the production facility shall receive the Compliance Label.

d) The Compliance Label must be affixed to each vehicle leaving the factory at a position on the frame, on the right side, where it is easily visible and difficult to destroy. In cases where violations are detected, the Competent Authority may conduct inspections and supervision of the affixing of the Compliance Label for vehicles leaving the factory.

2. For Imported Vehicles

a) Based on the Certificate of Conformity issued for the imported batch of vehicles, the import facility shall receive the Compliance Label.

b) The Compliance Label must be affixed to each vehicle at a position on the frame, on the right side, where it is easily visible and difficult to destroy. The Competent Authority shall carry out inspections and supervision of the affixing of the Compliance Label for vehicles in the batch.

3. Compliance Label

a) The size and content of the Compliance Label are specified in Appendix IV attached to this Circular.

b) The color, pattern, background texture, and material of the Compliance Label shall be detailed by the Competent Authority.

Article 10. Quality Inspection of Vehicles Circulating in the Market

1. The production facility and the import facility are responsible for ensuring the quality of their vehicles during the process of circulating in the market.

2. Based on the inspection plan and the quality trend of vehicles on the market, the Competent Authority shall inspect the quality of vehicles currently being sold on the market according to the following methods:

a) Inspect the compliance of vehicles with the registration file;

b) If there are signs indicating non-compliance, samples shall be taken for testing at the testing facility.

3. The results of the inspection of vehicles circulating in the market serve as one of the bases for the Competent Authority to request the production facility and the import facility to recall vehicles.

Article 11. Annual Assessment, Supplementary Certification supplement Certificate Completion of Course

1. Annually, based on the needs of the production facility, the Competent Authority shall conduct an assessment of the issued Certificates of Conformity according to the following contents:

a) Assess the COP in accordance with Article 6 of this Circular;

b) Randomly select samples from vehicles of the same type at the production facility and require testing of the sample at the designated testing location according to corresponding national technical standards and regulations. The production facility is responsible for transferring the sample to the testing location.

2. The production facility must undertake supplementary certification procedures when relevant national technical standards and regulations concerning the certified vehicle types change or when changes occur in the vehicles affecting their compliance with the corresponding national technical standards and regulations. The production facility shall submit the following additional documents:

a) Documents related to the changes in the vehicle;

b) Report on the re-testing results of the vehicle according to new regulations, standards, and technical regulations.

3. The Certificate of Conformity for produced and assembled vehicles will lose its validity if:

a) The vehicle no longer meets current national technical standards and regulations or has undergone changes inconsistent with the registered certification file and issued Certificate of Conformity without the production facility undertaking supplementary certification as stipulated in Clause 2 of this Article;

b) The production facility seriously violates regulations related to vehicle quality inspection;

c) The production facility fails to implement recalls for technically defective vehicles as stipulated in Clause 4 of Article 13 of this Circular.

Invalid certificates shall be notified to the production facility in writing and announced on the Competent Authority's electronic information website.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Responsibilities of the Vietnam Motor Vehicle Inspection Agency

1. Based on the assigned functions and tasks, guide inspection operations in accordance with the provisions of this Circular.

2. Uniformly issue, manage, and guide the use of Certificates of Conformity and Compliance Labels.

3. Publish a list of testing facilities conducting tests for technical safety quality certification work on the Competent Authority's electronic information website.

4. Organize regular or spot inspections and audits of the implementation of quality assurance by production facilities.

5. Summarize the results of technical safety quality inspection work on vehicles to report to the Ministry of Transport as prescribed.

Article 13. Responsibilities of Production Bases and Import Bases

1. Shall be responsible for the accuracy and honesty of the documents provided to the Regulatory Authority.

2. Fully cooperate with the Regulatory Authority during inspections and quality checks on Vehicles.

3. Only release Vehicles onto the market after they have been affixed with conformity labels. Shall provide each Vehicle with user manuals and warranty certificates.

4. Implement vehicle recalls according to Article 22 of the Consumer Protection Law when technical defects are discovered.

5. Production bases must establish a quality management system to ensure the maintenance of quality for series-produced Vehicles.

6. Import bases must present the original Vehicles for inspection and testing at locations agreed upon with the Regulatory Authority.

7. Shall bear legal responsibility if there is a violation of protected industrial property rights.

Article 14. Fees and Charges

The Regulatory Authority and Testing Facilities may collect fees as prescribed by the Ministry of Finance.

Article 15. Effective Date

1. This Circular shall take effect from January 1, 2014.

2. For Vehicles produced, assembled, and imported before this Circular takes effect, the provisions of this Circular shall not apply.

3. In cases where referenced documents in this Circular are amended, supplemented, or replaced, the new documents shall be applied.

Article 16. Implementation Organization

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