Circular No. 44/2012/TT-BGTVT on the inspection of technical safety quality and environmental protection for imported motorcycles and engines used to produce and assemble motorcycles

CIRCULAR

Regulations on quality inspection for technical safety and environmental protection of imported motorcycles and engines used for motorcycle production and assembly

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 Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Product Quality Law;

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;

At the proposal of the Director of the Department of Science and Technology and the Director of the Vietnam Vehicle Inspection Agency,

The Minister of Transport issues this Circular to regulate quality inspection for technical safety and environmental protection of imported motorcycles and engines used for motorcycle production and assembly.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular regulates the inspection of quality for technical safety and environmental protection of imported complete motorcycles and engines (hereinafter referred to as vehicles and engines respectively) used for motorcycle production and assembly.

2. This Circular does not apply to:

a) Imported vehicles and engines intended for national defense and security purposes of the Ministry of Defense and the Ministry of Public Security;

b) Imported vehicles for other purposes that do not participate in road traffic.

Article 2. Applicability

This Circular applies to organizations and individuals importing vehicles and engines and relevant agencies and organizations involved in managing, inspecting, and testing vehicles and engines.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Motorcycles are types of motorized vehicles operating on roads as defined in National Technical Regulation QCVN 14 : 2011/BGTVT - National Technical Regulation on Quality, Technical Safety, and Environmental Protection for Motorcycles and Scooters.

2. Vehicles and Engines of the Same Type are vehicles and engines of the same industrial owner, with the same brand, design, and technical specifications, produced on the same production line.

3. Quality Inspection Authority The Vietnam Vehicle Inspection Agency under the Ministry of Transport is the State Quality Inspection Authority responsible for organizing management, inspection of quality for technical safety and environmental protection for vehicles and engines within the scope regulated by this Circular (hereinafter referred to as the Quality Inspection Authority).

4. Testing Facility is an organization meeting the required conditions and designated to conduct vehicle and component testing according to corresponding national technical regulations and related legal documents.

Chapter 2.

PROCEDURE AND CONTENT OF QUALITY INSPECTION FOR TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION

Article 4. Registration Inspection File

1. The registration dossier for vehicle inspection includes:

a) A vehicle import quality inspection registration form (hereinafter referred to as the Registration Form) according to Model I attached to this Circular;

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

c) Technical specification documents provided by the manufacturer for the imported vehicle type, which include key specifications: Dimensions, weight, number of passengers allowed, maximum speed, transmission type, clutch type, gear box type, tire markings, and basic engine specifications: Maximum power at engine speed, engine displacement, fuel type;

d) A copy of one of the following documents related to exhaust emissions (if applicable), confirmed by the importing organization or individual:

- An emission test report issued by authorized foreign agencies for the vehicle type, including results of tests specified in current national technical standards.

- A certificate from a foreign authority confirming that the vehicle type meets foreign exhaust emission regulations equivalent to or stricter than current national technical standards.

Requirements for documents related to vehicle exhaust emissions do not apply to entities specified in Clause 5, Article 5 of this Circular.

e) A technical specification form for the vehicle (only applicable if the technical specification document does not contain all the information required in point c of this clause) according to Model II attached to this Circular.

2. The registration dossier for engine inspection includes:

a) An engine import quality inspection registration form (hereinafter referred to as the Registration Form) according to Model I attached to this Circular;

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

c) Technical specification documents provided by the manufacturer for the imported engine, which include key specifications: Maximum torque, maximum power at engine speed, cylinder diameter, piston stroke, engine displacement, fuel type, clutch type, gear ratio;

d) An engine technical specification form (only applicable if the technical specification document does not contain all the information required in point c of this clause) according to Model III attached to this Circular.

3. Cases exempted from or reduced in the registration dossier for inspection:

a) Types of vehicles or engines already inspected and certified by the Quality Inspection Authority for quality, technical safety, and environmental protection are exempted from the categories of documents specified in points c, d, and e of Clause 1 and points c and d of Clause 2 of this Article.

b) Documents such as: Import declaration; Technical specification form; Exhaust emission-related documents can be submitted by the importing organization or individual before the inspection process begins.

Article 5. Method and Content of Inspection

1. Method of Inspection: The inspection shall be carried out through sampling and testing for each batch of imported goods of the same type (hereinafter referred to as the batch). The inspection sample is a vehicle or engine randomly selected from a batch. The number of inspection samples depends on the quantity of goods in a batch and is specified as follows:

2. Content of Inspection and Testing:

a) The content of vehicle inspection and testing shall be conducted in accordance with the provisions of National Technical Regulation QCVN 14 : 2011/BGTVT.

Where:

- Exemption from separate inspection and testing of parts as stipulated in Sections: 2.4.1, 2.5.1, 2.6.1, 2.6.2, 2.11.2, 2.15.3, 2.16.3, 2.17.1.4;

- The exhaust gas inspection and testing of vehicles as stipulated in Section 2.18.1 shall be carried out when:

+ The vehicle does not have documentation related to exhaust emissions as prescribed in Point d Clause 1 Article 4 of this Circular;

+ The vehicle has documentation related to exhaust emissions but the documentation does not fully reflect all tests applied to that type of vehicle as prescribed in National Technical Regulation QCVN 04 : 2009/BGTVT "National Technical Regulations on Exhaust Emissions of Motorcycles and Motorized Bicycles Produced, Assembled and Newly Imported";

+ The vehicle's structure does not match the documentation related to exhaust emissions.

- Exemption from vapor pressure testing as prescribed in QCVN 04 : 2009/BGTVT.

b) The content of engine inspection and testing shall be conducted in accordance with the provisions of National Technical Regulation QCVN 37 : 2010/BGTVT - National Technical Regulations on Motorcycle and Motorized Bicycle Engines.

3. The testing of inspection samples shall be carried out at Testing Facilities. After completing the testing, the test report shall be transferred to the Inspection Authority, and the inspection samples will be returned to the importing organization or individual.

4. Exemption from testing inspection samples in the following cases:

a) Types of vehicles that have been inspected according to Agreements or mutual recognition agreements on standards and conformity that Vietnam has participated in signing;

b) For types of vehicles and engines imported by the same organization or individual, which have already been tested and certified for quality.

In the case where batches belonging to the objects mentioned in Points a and b of this Clause show signs of not meeting quality requirements, the Inspection Authority shall conduct inspection and testing of samples in accordance with the provisions of Clauses 1, 2, and 3 of this Article.

5. Inspection of imported vehicles and temporarily imported vehicles not for commercial purposes

a) Applicable in the following cases:

- Vehicles imported under the asset transfer regime as provided for by law;

- Vehicles imported as non-reimbursable aid or gifts for agencies, organizations, or individuals;

- Vehicles imported in accordance with special regulations of the Prime Minister.

b) Inspection content: confirmation of general parameters of the vehicle: type of vehicle, condition of the vehicle, brand, model number, country of manufacture, year of manufacture, chassis number, engine number, external dimensions, wheelbase, engine type, working volume and maximum engine power, clutch type, transmission, drive, fuel type, gross weight, total weight, number of passengers allowed, tire marking, brake type.

Article 6. Procedures for Issuing Import Quality Certificates

1. Organizations and individuals importing shall prepare and submit directly to the Inspection Authority one set of registration documents for inspection as prescribed in Article 4 of this Circular.

2. The Inspection Authority shall accept and review the registration documents for inspection. If the registration documents for inspection are incomplete according to the regulations, the Inspection Authority shall guide organizations and individuals importing to supplement and complete them. If the registration documents for inspection are complete according to the regulations, within one working day, the Inspection Authority will confirm on the Registration Form and agree with organizations and individuals importing on the time and place of inspection.

3. The Inspection Authority shall conduct inspections of imported vehicles and engines at the agreed location with organizations and individuals importing. Within five (5) working days from the end of the inspection and when organizations and individuals importing have submitted all required documents, the Inspection Authority shall issue an Import Quality Certificate or notify non-compliance with quality standards as follows:

a) For vehicles and engines that meet quality standards and have all required documents, the Inspection Authority shall issue an import quality certificate according to the corresponding model attached in Appendices IVa and IVb of this Circular.

During the inspection process, if the Inspection Authority receives information from vehicle manufacturers or foreign vehicle management authorities officially notifying that the vehicle falls under the recall category for repair to address defects, the Inspection Authority shall only issue an import quality certificate after organizations and individuals importing provide a commitment letter accompanied by a confirmation letter from the manufacturer or authorized facilities confirming that the imported vehicle has completed repairs and ensures safety.

b) For vehicles and engines that do not comply with current national technical regulations, the Inspection Authority shall notify organizations and individuals importing to rectify within thirty (30) days from the date of notification. Beyond this period, if organizations and individuals importing have not taken corrective measures, the Inspection Authority shall issue a Notification of Non-Compliance with Import Quality Standards according to the corresponding models attached in Appendices Va and Vb of this Circular.

Chapter 3.

IMPLEMENTING PROVISIONS

Article 7. Responsibilities of Organizations and Individuals Importing

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

2. Shall present the original vehicles and engines for the Inspection Authority to conduct inspections and tests at the agreed location between the Inspection Authority and organizations and individuals importing.

3. Shall pay fees and charges for inspection, testing, and issuance of quality certificates according to current regulations.

Article 8. Responsibilities of the Vietnam Vehicle Inspection Agency

1. Guide organizations and individuals importing to ensure requirements for technical safety and environmental protection for imported vehicles and engines.

2. Uniformly issue and manage certificates.

3. Organize inspections and tests of vehicles and engines according to current national technical regulations.

4. Guide the procedures for inspecting technical safety and environmental protection according to this Circular.

5. Collect revenues related to inspections and issuance of certificates according to current regulations.

6. Retain inspection records of imported vehicles and engines for three years from the date of issuing the certificate.

7. Regularly compile results of imported vehicle and engine quality inspections and report to the Ministry of Transport.

Article 9. Effective Date

1. This Circular takes effect from January 1, 2013.

2. The following consolidated documents are abolished:

a) Decision No. 57/2007/QD-BGTVT dated November 21, 2007, issued by the Minister of Transport, providing regulations on inspecting the quality and technical safety and environmental protection of imported motorcycles and motorized bicycles and imported engines used for manufacturing and assembling motorcycles and motorized bicycles.

b) Clause 1 of Circular No. 29/2011/TT-BGTVT dated April 15, 2011, issued by the Minister of Transport, amending and supplementing certain provisions of the regulations on inspecting the quality and technical safety and environmental protection of imported motorcycles and motorized bicycles and imported engines used for manufacturing and assembling motorcycles and motorized bicycles issued together with Decision No. 57/2007/QD-BGTVT dated November 21, 2007, and the regulations on inspecting the quality and technical safety and environmental protection in manufacturing and assembling motorcycles and motorized bicycles issued together with Decision No. 58/2007/QD-BGTVT dated November 21, 2007, both issued by the Minister of Transport.

3. Quality certificates issued before the effective date of this Circular remain valid.

4. In cases where referenced documents in this Circular are amended or supplemented, the new versions shall apply.

Article 10. Implementation Organization

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