JOINT CIRCULAR NO. 43/2014/TT-BGTVT-BCT REGULATING THE ENERGY LABELING FOR PASSENGER CARS WITH UP TO SEVEN SEATS

JOINT CIRCULAR

Regulations on energy labeling for passenger cars with up to seven seats

Pursuant to the Law on Rational Energy Use and Efficiency dated June 17, 2010;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 21/2011/ND-CP dated March 29, 2011, issued by the Government, detailing and providing measures to implement the Law on Rational and Efficient Energy Use;

BASED ON Decision No. 51/2011/QĐ-TTg dated September 12, 2011 of the Government Chairman regarding the list of equipment and devices required to be labeled with energy efficiency, the application of minimum energy performance standards, and the implementation timeline;

The Minister of Transport and the Minister of Industry and Trade issue this Joint Circular stipulating regulations on energy labeling for passenger cars with up to seven seats.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the requirements for labeling energy consumption on new passenger cars with up to seven seats (hereinafter referred to as "vehicles") that are produced, assembled from spare parts, or imported without prior use.

2. This Circular does not apply to:

a) Vehicles produced, assembled, directly imported for national defense and security purposes of the Ministry of National Defense and the Ministry of Public Security;

b) Temporarily imported and re-exported cars; transit cars; diplomatic and consular cars;

c) Vehicles with new structure and technology that cannot currently be tested domestically;

d) Single imported vehicles not for business purposes;

đ) Vehicles imported according to special regulations of the Prime Minister;

e) Vehicles not using gasoline, diesel, liquefied petroleum gas (LPG), or natural gas (NG) as fuel.

Article 2. Applicability

This Circular applies to organizations and individuals involved in the production, assembly, import, sale, inspection, testing of fuel consumption, and certification of energy labeling for vehicles.

Article 3. Explanation of Terms

Some terms defined in this Circular are understood as follows:

1. Energy label of the vehicle (hereinafter referred to as "energy label") The label provides information related to the type of fuel used, the vehicle's tested, certified, or self-declared fuel consumption rate, which helps consumers identify and choose fuel-efficient vehicles.

2. Fuel consumption level of the vehicle Fuel consumption is the amount of fuel consumed by the vehicle over a specified test distance, corresponding to defined test conditions and cycles. The unit of measurement for fuel consumption is liters (l)/100 kilometers (km) (for gasoline, LPG, and diesel fuels) or cubic meters (m³).³_­3. Passenger cars are defined in Clause 3.1.1 of Vietnam Technical Standard TCVN 7271:2003 - Road Traffic Vehicles - Passenger Cars - Classification According to Purpose.

3. Certification of energy labeling for vehicles is the certification of fuel consumption serving as the basis for implementing energy labeling.

4. Passenger car is defined in Section 3.1.1 of the Vietnam Standard - Road Traffic Vehicles - Cars - Classification According to Purpose of Use - TCVN 7271:2003.

5. Vehicle model is defined in the following documents:

a) Section 1.3.6 of the National Technical Regulation on Emissions from New Cars Produced, Assembled, and Imported - QCVN 05:2009/BGTVT issued by the Ministry of Transport (hereinafter referred to as QCVN 05:2009/BGTVT);

b) Section 3.2 of the Vietnamese Standard TCVN 7792:2007 - Road Transport Vehicles - Exhaust Emissions CO₂ and fuel consumption of passenger cars with internal combustion engines - Requirements and testing methods approved by the Ministry of Science and Technology (hereinafter referred to as TCVN 7792:2007);

c) Section 3.2 of the Vietnamese Standard TCVN 9854:2013 - Road Transport Vehicles - Passenger Cars - Fuel Consumption Limits and Determination Methods announced by the Ministry of Science and Technology (hereinafter referred to as TCVN 9854:2013).

6. Quality Management Agency (hereinafter referred to as the supervisory authority) is the Vietnam Vehicle Inspection Agency under the Ministry of Transport.

7. Production and Assembly Facility is a business producing and assembling (hereinafter referred to as "production and assembly") brand new vehicles from spare parts, operating in accordance with the law.

8. Import establishment Importer

9. is an organization or individual importing vehicles. Vehicle Sales Entity

10. Fuel consumption testing facility for vehicles (hereinafter referred to as the testing facility) is a specialized testing facility licensed to operate by domestic or foreign competent authorities, with appropriate fields of operation, and recognized and designated by the Vietnam Vehicle Registration Agency under the Ministry of Transport or the Energy General Administration under the Ministry of Industry and Trade according to Article 6 of this Circular. 4. Before affixing the energy label, the vehicle model must undergo fuel consumption testing. The test report (hereinafter referred to as the test report) issued by the testing facility must meet the following requirements:

Article 4. General Provisions on Energy Labeling

1. Types of vehicles within the scope of this Circular must be affixed with energy labels before being put on the market.

2. The Certificate of Fuel Consumption Level issued for vehicle models serves as the basis for affixing energy labels to all vehicles of the same model.

3. Fuel consumption testing may be conducted independently or concurrently with emission testing.

5. The energy label certification for vehicles can be conducted independently or concurrently with the technical safety and environmental protection (hereinafter referred to as ATKT&BVMT) certification as prescribed in Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on quality inspection of ATKT&BVMT in the production and registration of motor vehicles (hereinafter referred to as Circular No. 30/2011/TT-BGTVT) and Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on quality inspection of ATKT&BVMT for imported motor vehicles (hereinafter referred to as Circular No. 31/2011/TT-BGTVT).

a) It must correspond to the registered vehicle model;

b) The testing method and cycle must comply with the provisions of this Circular;

c) The content of the test report from domestic testing facilities must be carried out in accordance with the provisions of Appendix II attached to this Circular.

Test reports issued by foreign testing facilities must contain the information specified in points 1.1 to 1.5 of Section 1 and the points listed in Section 2 of Appendix II attached to this Circular.

6. It is encouraged for production and import facilities to register for testing, certification, or self-declaration of fuel consumption and affixing of energy labels for vehicle types not covered by Article 1, Clause 1 of this Circular.

1. Possessing ISO/IEC 17025 certification or being recognized according to the Vietnamese Laboratory Accreditation System (VILAS) standard or accredited by organizations that have mutual recognition agreements with the International Laboratory Accreditation Cooperation (ILAC) and the Asia Pacific Laboratory Accreditation Cooperation (APLAC).

Article 5. Procedures for Registration and Self-Declaration of Fuel Consumption Levels and Affixing Energy Labels

1. Production and import establishments may register for self-declaration of fuel consumption levels and affixing energy labels in the following cases:

a) Vehicle models that have been granted certificates of technical safety and environmental protection quality according to Circular No. 30/2011/TT-BGTVT prior to January 1, 2015.

b) Imported vehicle models that have been granted certificates of technical safety and environmental protection quality according to Circular No. 31/2011/TT-BGTVT prior to January 1, 2015.

c) Imported vehicles that have undergone testing at foreign testing facilities; the test report indicates testing methods and cycles different from those prescribed in Article 7 of this Circular.

2. Procedures for registration and self-declaration of fuel consumption levels and affixing energy labels:

a) Production and import establishments prepare one set of documents and submit them directly or via postal service to the supervisory authority, including:

- A fuel consumption declaration form for vehicle models according to the template provided in Appendix I attached to this Circular;

- Documentation proving the declared fuel consumption level.

b) Within seven working days from the date of receipt of the documents, the supervisory authority will review and publish on its electronic information website whether the submitted documents meet the conditions for affixing energy labels or not.

Chapter II.

PROVISIONS ON INSPECTION AND CERTIFICATION OF FUEL CONSUMPTION LEVELS

Article 6. Basis for Designating Fuel Consumption Testing Facilities

2. Having testing equipment calibrated and verified according to regulations and accurate enough to conduct fuel consumption tests as prescribed in one of the following standards: QCVN 05:2009/BGTVT; TCVN 7792:2007; TCVN 9854:2013 or equivalent standards.

b) In cases where the value of the first test or the average value of the first two tests exceeds the declared fuel consumption of the production and import facility by more than 04%, and if the production and import facility agrees in writing, these values may be used as the confirmed fuel consumption.

Article 7. Requirements for Measuring Fuel Consumption and Determining Fuel Consumption Levels

1. The requirements for measuring fuel consumption levels shall be carried out according to one of the methods specified in the following technical regulations or standards:

a) QCVN 05:2009/BGTVT;

b) TCVN 7792:2007;

c) TCVN 9854:2013;

d) Other measurement methods equivalent to those specified in points a, b, and c of this clause.

2. The method for obtaining fuel consumption level results shall be carried out according to one of the following methods:

a) The carbon balance calculation method from emission measurement results as stipulated in Section 5.3 of TCVN 9854:2013 or Section B.1.4.2 of Appendix B of TCVN 7792:2007;

b) The direct fuel consumption measurement method as stipulated in Section 5.1 of TCVN 9854:2013.

3. Processing Measurement Results:

a) The testing facility processes the measurement results to determine the fuel consumption level according to the provisions in Section 5.4 of TCVN 9854:2013.

c) If the production and import facility does not declare the fuel consumption in the fuel consumption declaration form of the vehicle model as prescribed in Appendix I attached to this Circular, the confirmed fuel consumption will be the average value of three tests conducted by the testing facility.

b) Competent authority checks the compliance of the file within seven working days from the date of receipt of the file: if the file meets the requirements, it issues a Certificate of Vehicle Production Fuel Consumption (as prescribed in Appendix III attached to this Circular) for the registered vehicle model for the production facility to use as a basis for affixing the energy label; if the file does not meet the requirements, it sends a notification of non-compliance to the production facility for rectification.

Article 8. Procedures for Registering and Certifying Fuel Consumption Levels for Vehicles Produced and Assembled

1. The documents include:

a) One copy of the fuel consumption registration form for the vehicle type as prescribed in Appendix I issued together with this Circular;

b) One original test report on fuel consumption levels issued by the testing facility as prescribed in Appendix II issued together with this Circular.

2. Procedures and methods of implementation:

a) The vehicle manufacturer/importer directly sends or sends via postal service one set of documents to the regulatory authority.

b) Lost or damaged and unusable: the production facility submits a written request; the competent authority reviews and reissues the certificate based on the stored file within three working days; if the stored file indicates that the certificate has expired, it notifies the production facility to apply for a new certificate according to Clauses 1 and 2 of this Article.

3. The Certificate of Fuel Consumption Level for the Vehicle Manufacturer/Importer is valid for a period of three years from the date of issuance and will be reissued in the following cases:

a) Upon expiration of the validity period stated on the Certificate: procedures as for new issuance as stipulated in Clauses 1 and 2 of this Article.

b) Lost or damaged and no longer usable: the production facility submits a written request; the supervisory authority examines and reissues the certificate according to the stored file within three working days; if the stored file shows that the certificate has expired, it shall notify the production facility to follow the procedures for issuing a new certificate as stipulated in Clauses 1 and 2 of this Article.

Article 9. Registration procedures for fuel consumption testing and certification for imported vehicles

1. The documents include:

a) One copy of the fuel consumption registration form for the vehicle type as prescribed in Appendix I issued together with this Circular;

b) One original copy of the fuel consumption test report issued by the testing facility according to the form prescribed in Appendix II attached hereto for cases where the test is conducted domestically; or a certified copy of the fuel consumption test report issued by an overseas testing facility with confirmation from the importing entity; or documentation proving the fuel consumption level, issued within a period not exceeding three years.

Exemption from providing the documents specified in point b, Clause 1, Article 9 of this Decree applies to imported vehicles of the same type as those that have already been tested and issued valid fuel consumption certificates.

2. Procedures and methods of implementation:

a) The importing entity shall directly send or send via postal service one set of documents to the supervisory authority.

b) The management agency shall check the compliance of the file within seven working days from the date of receipt of the file: if the file meets the requirements, issue the Fuel Consumption Certificate for Imported Vehicles (according to the form prescribed in Appendix IV attached hereto) for the registered vehicle model for the importing entity to use as a basis for affixing energy labels; if the file does not meet the requirements, notify the importing entity of the non-compliant contents for rectification.

3. The fuel consumption certificate for imported vehicles is valid for a period of three years from the date of issuance and may be reissued in the following cases:

a) Upon expiration of the period indicated on the certificate: procedures as for new issuance as stipulated in Clauses 1 and 2 of this Article.

b) Lost or damaged and unusable: the importing entity submits a written request; the management agency reviews and reissues the certificate based on the stored file within three working days from the date of receipt of the request; in case the stored file shows that the certificate has expired, notify the importing entity to follow the procedures for issuing a new certificate as stipulated in Clause 1 and Clause 2 of this Article.

Article 10. Conditions for extending certification of fuel consumption for vehicle models

The conditions for extending fuel consumption certification for vehicle models shall be carried out in accordance with the provisions of Section 6 of TCVN 7792:2007.

Chapter III

PROVISIONS ON AFFIXING ENERGY LABELS

Article 11. Energy Label Design

The energy label shall be used according to a unified design, including:

1. The energy label design prescribed by the supervisory authority issuing the fuel consumption certificate as stipulated in Appendix V attached hereto.

2. The energy label design registered for self-declaration by the production and import entities as stipulated in Appendix VI attached hereto.

Article 12. Affixing Energy Labels

1. The production and import entities shall print the energy label according to the form prescribed in Article 11 of this Circular. The information and fuel consumption levels printed on the label must correspond to the Fuel Consumption Certificate or the self-declaration registration of fuel consumption for the vehicle model (in the case of self-declaration) and affixed to all vehicles of the same model before they are put on the market.

2. Position for affixing energy labels

The energy label must be affixed inside the vehicle, on the driver's side, at the fixed rear window or rear windshield, in a position easily visible from outside the vehicle. The energy label must remain on the vehicle until it is delivered to the consumer.

Article 13. Disclosure of Information on Fuel Consumption

1. Forms of Disclosure

Information related to the fuel consumption levels of vehicles must be disclosed through the following forms:

a) Energy labels affixed to vehicles at display and sale locations.

b) User manuals or brochures containing vehicle features and technical specifications provided with the vehicle.

c) The website of the production, import, and sales entity (if available).

d) The website of the regulatory authority.

2. Content of Disclosed Information

The following minimum information must be included:

a) Information about the production, import entity including name, address, telephone number, fax number.

b) Basic information about the vehicle: name, brand, model number, origin, technical specifications, and other relevant information.

c) Information on fuel consumption levels consistent with the fuel consumption certificate or self-declared fuel consumption registration.

3. The disclosed information must be maintained throughout the period during which the production, import, and sales entity provides that vehicle model to the market.

Article 14. Suspension of Energy Labeling and Recall of Fuel Consumption Certificates

1. The regulatory authority decides to suspend energy labeling and post information on the regulatory authority's website when the production, import, and sales entity violates any of the following situations:

a) Affixing counterfeit energy labels.

b) Affixing energy labels without having been issued a Fuel Consumption Certificate or when such certificates have expired or been tampered with.

c) The energy label does not comply with the content and format specified in this Circular or incorrectly states the fuel consumption level recorded in the Fuel Consumption Certificate or the self-declaration registration of fuel consumption in the case of self-declared energy labels.

2. The management agency decides to revoke the Fuel Consumption Certificate and publish the information on the management agency's website when the production, import, and sales entities violate any of the following situations:

a) Misrepresentation in the application for testing and certification of fuel consumption levels.

b) Being suspended from affixing energy labels for the second time according to the provisions of Clause 1 of this Article.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Responsibilities of the Vietnam Vehicle Inspection Center - Ministry of Transport

1. Designate testing facilities meeting the conditions to conduct fuel consumption tests as stipulated in Clause 10 of Article 3 and Article 6 of this Circular.

2. Guide, accept applications for registration, inspection, certification of fuel consumption levels, and affixing of energy labels for vehicle models as stipulated in this Circular.

3. Announce and update the list of testing facilities designated by the Vietnam Vehicle Inspection Center and the General Department of Energy according to Clause 1 of this Article and Clause 1 of Article 16 of this Circular; announce information related to the fuel consumption levels of vehicle models that have been issued certificates or self-declared on the Vietnam Vehicle Inspection Center's website.

4. Coordinate with competent authorities to resolve complaints and disputes related to the registration, inspection, and certification of fuel consumption levels of vehicles.

5. Organize periodic or spot checks on the implementation of energy labeling and fuel consumption testing.

6. Summarize the results of energy labeling inspections, report periodically to the Ministry of Transport and the Ministry of Industry and Trade before February 15 each year.

Article 16. Responsibilities of the General Department of Energy - Ministry of Industry and Trade

1. Designate testing facilities meeting the conditions to conduct fuel consumption tests as stipulated in Clause 10 of Article 3 and Article 6 of this Circular.

2. Announce and update the list of testing facilities designated by the General Department of Energy according to Clause 1 of this Article on the General Department of Energy's website, and simultaneously notify the management agency.

Article 17. Responsibilities of vehicle manufacturing, import, and trading establishments

1. Implement energy labeling for vehicles in accordance with this Circular before bringing them to market.

2. Bear responsibility for the accuracy and honesty of the documents provided to the regulatory authority.

3. Timely report to the regulatory authority any changes affecting the fuel consumption levels of vehicle types and re-register certification in accordance with Articles 8 and 9 of this Circular.

4. Fully comply with information disclosure requirements as stipulated from point a to point c of Clause 1 of Article 13 of this Circular.

5. Manufacturing and import establishments shall submit regular reports to the regulatory authority before January 15 each year according to the form prescribed in Appendix VII attached to this Circular.

6. Manufacturing establishments have the responsibility to maintain production conditions so that mass-produced vehicles comply with the fuel consumption levels certified for vehicle types.

Article 18. Fees and Charges

Fees and charges related to inspection and certification of energy labeling shall be collected in accordance with the provisions of the law.

Article 19. Effective Date

1. This Circular takes effect from December 1, 2014.

2. The implementation schedule for energy labeling:

a) For new manufactured and imported vehicle types: Apply from January 1, 2015.

b) Cases where self-declaration of fuel consumption and affixing of energy labels are registered as provided for in Clause 1 of Article 5 of this Circular: Apply from January 1, 2015 to December 31, 2016.

3. Emission testing centers and laboratories currently conducting emission tests according to QCVN 05:2009/BGTVT prior to January 1, 2015 must combine fuel consumption testing of vehicles and must comply with the requirements set forth in Article 6 of this Circular by January 1, 2016.

4. In cases where documents, standards, technical regulations referred to in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced documents.

Article 20. Responsibility for Implementation

1. Heads of agencies and units under the Ministry of Transport and the Ministry of Industry and Trade within their respective functions, tasks, and authorities shall be responsible for implementing this Circular.

2. During implementation, if any issues arise, relevant agencies, organizations, and individuals should promptly reflect them to the Ministry of Transport for discussion and coordination with the Ministry of Industry and Trade to resolve them within their authority./.