Circular No. 43/2011/TT-BGTVT on warranty and maintenance of imported automobiles

CIRCULAR

Regulations on warranty and maintenance of imported automobiles by automobile importers

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Pursuant to the Consumer Rights Protection Law dated November 17, 2010;

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 Product Quality Law dated December 5, 2007;

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

The Minister of Transport hereby promulgates regulations on warranty and maintenance of imported automobiles by automobile importers as follows:

Article 1. Scope of Regulation

Article 1. These Circulars regulate warranty and maintenance for newly imported and used automobiles (hereinafter referred to as automobiles) for business purposes in Vietnam.

Article 2. These Circulars shall not apply to the following types of imported automobiles:

a) Temporary imported and re-exported automobiles, aid automobiles, and automobiles serving the needs of diplomatic organizations and individuals according to the law. Automobiles imported by organizations and individuals for personal use, not for business purposes;

b) Automobiles imported for national defense and security purposes of the Ministry of National Defense and the Ministry of Public Security;

c) Automobiles imported for special purposes.

Article 2. Applicability

These Circulars apply to automobile importers and agents who import automobiles for business purposes in Vietnam (hereinafter referred to as automobile importers) and relevant management agencies.

Article 3. Regulations on warranty and maintenance of automobiles by automobile importers

Clause 1. Automobile importers must publish information about warranty and maintenance policies for automobiles to buyers, clearly stating the warranty and maintenance policies, addresses of warranty facilities, and ensuring the provision of warranty and maintenance services for each type of automobile sold in the market;

Clause 2. Warranty and maintenance facilities must be located at least in provinces and cities where automobile importers conduct business;

Clause 3. Automobile importers may hire maintenance and repair facilities that meet the required standards to provide warranty and maintenance services for imported automobiles;

Clause 4. The contents of warranty and maintenance and the maintenance cycles for automobiles shall be carried out in accordance with the manufacturer's regulations.

Article 4. Minimum technical standards for warranty and maintenance facilities of automobile importers

Warranty and maintenance facilities of automobile importers must meet the minimum technical standards specified in Appendix I of these Circulars.

Article 5. Inspection and issuance of certificates for warranty and maintenance facilities of automobile importers

Clause 1. The inspection and evaluation of compliance with standards shall be conducted at the warranty and maintenance facilities of automobile importers;

Clause 2. The basis for inspection and evaluation is the minimum technical standards for warranty and maintenance facilities of automobile importers specified in Appendix I of these Circulars;

Clause 3. In cases where warranty and maintenance facilities have been authorized or have received confirmation letters meeting the standards set by automobile manufacturers, they will be exempt from undergoing compliance evaluations at the automobile importer's warranty and maintenance facilities.

Article 6. Procedures for issuing certificates for warranty and maintenance facilities of automobile importers

Clause 1. Application for certification of compliance with standards for warranty and maintenance facilities of automobile importers (hereinafter referred to as Certificate).

To obtain a Certificate, automobile importers (or warranty and maintenance facilities) must prepare one set of application documents (referred to as the application) including:

a) An application form for the issuance of a certificate for warranty and maintenance facilities of automobiles according to the model prescribed in Appendix II attached to these Circulars;

b) A copy of the business registration certificate for automobile maintenance and repair services (in cases where automobile importers lease maintenance and repair facilities to perform automobile warranty services);

c) Authorization letter from the automobile manufacturer regarding warranty and maintenance services or confirmation letter meeting the standards set by the automobile manufacturer (if available).

Clause 2. Procedure for certifying compliance with standards for warranty and maintenance facilities

a) Automobile importers (or warranty and maintenance facilities) must prepare the application documents as stipulated in Clause 1, Article 6 of these Circulars and submit them directly or through postal services to the Vietnam Vehicle Registration Agency;

b) The Vietnam Vehicle Registration Agency will accept and review the application. If the application is complete as required, it will agree on the time for inspection and evaluation of compliance at the warranty and maintenance facility and issue the Certificate. If the evaluation results do not meet the requirements, the automobile importer (or warranty and maintenance facility) will be notified to make improvements;

c) Automobile importers (or warranty and maintenance facilities) can collect the Certificate directly from the Vietnam Vehicle Registration Agency or through postal services (if requested).

3. Time limit for resolution

The Certificate will be issued within five working days from the date of submission of complete application documents and receipt of satisfactory evaluation results at the warranty and maintenance facility.

Clause 4. The Certificate is valid for three years from the date of issuance and is issued according to the model specified in Appendix III of these Circulars. When the Certificate expires, it will be renewed according to the provisions of Clauses 1, 2, and 3 of this Article.

Article 7. Revocation of Certificates

The Certificate will become invalid and be revoked in the following cases:

a) Automobile importers seriously violate regulations related to warranty and maintenance of automobiles;

b) Automobile importers fail to carry out warranty and maintenance services at facilities that have been evaluated and confirmed.

Article 8. Fees and charges

The management agency shall collect revenues as prescribed by current regulations.

Article 9. Effective Date

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

2. Implementation timeline:

a) For traders importing passenger cars with up to 9 seats: From the date this Circular takes effect;

b) For traders importing other types of passenger cars: From July 1, 2012.

Article 10. Implementation Organization

1. The Vietnam Vehicle Registration Agency shall be responsible for receiving applications, evaluating, and issuing Certificates to traders importing within the entire country;

2. The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Vehicle Registration Agency, Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.