Circular No. 45/2012/TT-BGTVT on quality safety technical inspection and environmental protection during the production and assembly of motorcycles and motorbikes.

CIRCULAR

Regulations on technical safety quality inspection

and environmental protection in production,

assembly of motorcycles and motorbikes,

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 a number of provisions of the Law on Product Quality;

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 safety technical inspection and environmental protection in production and assembly of motorcycles and motorbikes.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular regulates the inspection of quality safety technical standards and environmental protection in production and assembly of motorcycles and motorbikes.

2. This Circular does not apply to motorcycles and motorbikes produced and assembled for national defense and security purposes of the Ministry of Defense and the Ministry of Public Security.

Article 2. Applicability

This Circular applies to production and assembly facilities of motorcycles and motorbikes, motorcycle and motorbike parts, and organizations, entities, and individuals related to testing, inspecting, and certifying quality safety technical standards and environmental protection.

Article 3. Explanation of Terms

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

1. Motorcycles and Mopeds (hereinafter referred to as "vehicles") are types of road traffic vehicles regulated under National Technical Regulation QCVN 14: 2011/MOT - National Technical Regulation on Quality Safety Technical Standards and Environmental Protection for Motorcycles and Motorbikes.

2. System" is the power transmission system, movement system, suspension system, braking system, steering system, electrical system, lighting and signaling system, and control systems used on vehicles.

3. spare parts are systems, engines, frames, component assemblies, and parts used for vehicle assembly.

4. Product are vehicles and vehicle parts.

5. products of the same type are products of the same industrial property owner, with the same brand, design, and technical specifications, produced on the same production line.

6. type approval for products is the process of inspecting, testing, reviewing, evaluating, and certifying the conformity of a product type with current national technical regulations on quality safety standards and environmental protection.

7. Typical sample are product samples selected by the Production Facility according to regulations for testing.

8. Quality Management Agency: The Vietnam Vehicle Inspection Agency under the Ministry of Transport is the State Management Authority responsible for organizing management, inspecting quality safety technical standards and environmental protection for products within the scope of regulation of this Circular (hereinafter referred to as "Management Authority").

9. Testing facility is an organization with sufficient conditions and designated to conduct vehicle and vehicle part testing according to relevant national technical regulations and related legal documents.

10. Production facility is a business producing and assembling vehicles and vehicle parts that meet the technical infrastructure requirements stipulated by current laws.

11. Defective products are products with defects during design, production, and assembly that can endanger the lives and property of users as well as adversely affect community safety and environment.

12. Product recall is the action of the Production Facility towards defective products in batches or types of products they have supplied to the market to repair, replace parts, or replace with other products to prevent potential dangers caused by design, production, and assembly defects.

Chapter 2.

PROCEDURE AND CONTENT OF QUALITY SAFETY TECHNICAL INSPECTION AND ENVIRONMENTAL PROTECTION

Article 4. Typical sample testing

1. Inspection, testing, and certification items are specified in Appendix I attached to this Circular.

2. The Production Facility is responsible for transferring typical samples to the Testing Facility. The number of test samples is as prescribed in the national technical regulations listed in Appendix I attached to this Circular.

3. Typical sample testing must be conducted at the Testing Facility:

a) The Testing Facility is responsible for testing typical samples according to the corresponding procedures of national technical regulations; preparing test result reports according to the prescribed format and being responsible for their own test results;

b) In necessary cases, the Management Authority directly supervises the testing process.

4. Sample testing management:

a) The Testing Facility and the Production Facility are responsible for storing and managing test samples so as not to be affected by environmental factors such as temperature, humidity, light, which may damage the samples and can be presented upon request from the Management Authority;

b) After testing and preparing the test result report, the Testing Facility returns the typical samples to the Production Facility;

c) The retention period of typical samples at the Production Facility shall not be less than one year from the date the Production Facility ceases to produce and assemble similar products;

d) Upon expiration of the retention period, the Production Facility shall send a letter to the Management Authority to handle retained samples according to current regulations;

đ) Products sampled randomly by the Management Authority for testing to serve annual evaluation work do not need to be retained.

Article 5. Application Documents for Quality Certification of Product Types

The application documents for quality certification of product types (hereinafter referred to collectively as the application documents for certification) include:

1. Registration dossier for certification of parts (excluding imported complete engines) includes:

a) Technical specification registration form accompanied by technical drawings showing key dimensions, manufacturing materials, and product photographs; explanations of symbols and serial numbers on the product (if applicable);

b) Original Test Result Report of the testing facility;

c) Description of the production, assembly, and quality inspection processes;

d) A list of main parts used to assemble the engine (in case the product is an engine) according to the model in Appendix II attached to this Circular.

Exemption from the contents of the registration dossier required under points b and c of this clause in case the parts are imported from abroad with a copy of the Type Approval Certificate issued by the competent authority of the country of origin of the product in accordance with applicable national technical regulations.

2. Registration dossier for certification of vehicles includes:

a) Technical specification registration form according to the model in Appendix III attached to this Circular;

b) Original Test Report of the Testing Facility;

c) Description of the production, assembly, and quality inspection processes;

d) Description of the method and location of chassis and engine number stamping according to the model in Appendix IV attached to this Circular;

đ) A list of main parts used to assemble the vehicle according to the model in Appendix V attached to this Circular;

e) User guide including key technical specifications, usage methods of vehicle equipment, and instructions on fire safety; Product warranty card (specifying conditions and addresses of warranty facilities);

g) Confirmation document of the enterprise's compliance with production and assembly standards issued by the competent state authority for enterprises first producing and assembling vehicles;

h) Commitment letter from the Production Facility regarding the type of inspected and certified products not infringing on protected industrial property rights and the enterprise will bear responsibility according to the law if infringement occurs.

Article 6. Evaluation of Quality Assurance Conditions at Production Facilities

1. To ensure the maintenance of quality for mass-produced products, the production facility must meet the following requirements:

a) Have production procedures and business operation guidelines for each type of product from the initial stage of quality control for incoming components to the final stage of warranty and maintenance control;

b) Possess necessary testing equipment for each production stage. The minimum list of required testing equipment for final vehicle quality inspection is specified in Appendix VI attached hereto; These final vehicle quality testing devices must be inspected annually by the Quality Control Authority and confirmed for operational status;

c) Have technical staff responsible for the quality of vehicles leaving the factory who have been certified by the foreign manufacturer (technology transfer party) or the Quality Control Authority with qualifications suitable for the type of products being manufactured or assembled;

2. The Quality Control Authority conducts an assessment of quality assurance conditions at the Production Facility (hereinafter referred to as COP assessment) based on the standard TCVN ISO/TS 16949 "Quality Management System - Specific Requirements for the Application of TCVN ISO 9001:2008 for Automotive Manufacturing Organizations and Related Parts Manufacturers" through the following methods:

a) The first COP assessment is carried out when issuing a Certificate of Technical Safety and Environmental Protection Quality for each type of product;

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) Unscheduled COP evaluation is conducted when there are signs of violations related to quality inspection or complaints about product quality.

3. For similar types of products without fundamental changes in manufacturing and assembly processes or product quality inspection procedures, previous COP assessment results may be utilized;

4. For imported parts subject to mandatory inspection, if COP assessment is not conducted, the quality certificate will only be valid for individual import batches;

Article 7. Issuance of Type Approval Quality Certificate

The issuance of the Type Approval Quality Certificate for products (hereinafter referred to as the Certificate) shall be carried out according to the following procedures and methods:

1. The Production Facility establishes one set of registration files for certification according to Article 5 of this Circular and submits them directly or via postal service to the Quality Control Authority;

2. The Quality Control Authority receives and reviews the registration file components: If the file is incomplete according to regulations, it guides the Production Facility to complete it; If the file is complete according to regulations, it agrees on the time and location for conducting the COP assessment;

3. The Quality Control Authority reviews the content of the registration file and conducts the COP assessment according to Clause 2 of Article 6 of this Circular: If requirements are not met, it notifies the Production Facility to improve; If requirements are met, within five days from the date the registration file is complete according to regulations and the COP assessment results meet requirements, it issues a Certificate of Type Approval for the product type according to the corresponding model specified in Appendices VIIa and VIIb attached hereto;

Article 8. Inspection during Production and Assembly

1. The Production Facility can only proceed with subsequent production and assembly of products after obtaining a Certificate of Type Approval for that product type and must ensure these products comply with the registration certification file, typical samples tested and certified for type approval. The Production Facility is responsible for the origin, source, and quality of products leaving the factory;

2. Each batch of products must undergo final quality inspection (hereinafter referred to as final inspection) by the Production Facility in one of two forms: supervised final inspection by the Quality Control Authority or self-inspection;

3. Supervised final inspection by the Quality Control Authority;

a) The Quality Control Authority supervises the final inspection at the Production Facility and vehicle assembly plant in the following cases:

- First-time production and assembly by the Production Facility;

- The Production Facility violates relevant quality inspection regulations but does not reach the level requiring revocation of the Certificate of Type Approval;

b) The contents of supervision are stipulated in Appendix IX attached hereto. The duration of one supervision period is six months (with products leaving the factory) or 2,000 products, whichever comes first;

c) After the supervision period, if product quality is stable and the Production Facility complies with relevant quality inspection regulations, the Quality Control Authority will notify the Production Facility in writing to apply self-inspection according to Clause 4 of this Article;

Product quality is considered stable if the ratio between non-conforming products requiring re-supervision and the total number of supervised products is as follows:

- Not exceeding 5% throughout the entire supervision period; or

- Not exceeding 10% in any month during the supervision period;

4. Self-inspection;

a) Production Facilities not subject to supervision as stipulated in Clause 3 of this Article may conduct self-inspection according to current regulations;

b) The Quality Control Authority may conduct random inspections; if random inspection results show that the Production Facility violates relevant product quality inspection regulations, depending on the severity of the violation, it may revoke the Certificate of Type Approval or apply supervised final inspection as stipulated in Clause 3 of this Article;

5. Based on the issued Certificate of Type Approval and the implementation of final inspection, the Production Facility will receive blank Final Inspection Quality Test Certificates (according to the model specified in Appendix VIII attached hereto) for each batch of produced and assembled vehicles;

6. Based on the inspection results of each vehicle, the Production Facility issues a Final Inspection Quality Test Certificate. The Final Inspection Quality Test Certificate must be signed by an authorized person (plant manager, deputy plant manager, or directly authorized subordinate in writing by the Production Facility Director) and stamped. The Final Inspection Quality Test Certificate issued for a vehicle is used for vehicle registration procedures;

7. Factory Exit Documents;

The Production Facility is responsible for establishing and issuing the following documents for each product leaving the factory:

a) For engines and frames: Final Inspection Quality Test Certificate;

b) For motorcycles and motorbikes: Final Inspection Quality Test Certificate as stipulated in Clause 6 of this Article, User Guide, Product Warranty Certificate.

Article 9. Quality Inspection of Products Circulating in the Market

1. Production facilities shall be responsible for ensuring the quality of their products when putting them on the market.

2. Quality control agencies shall conduct inspections of products currently being sold at retail outlets based on plans and the quality trends of products on the market according to the following methods:

a) Checking the conformity of the product with the registered certification dossier;

b) If there are signs indicating that the product does not meet requirements, samples shall be taken for testing at the Testing Facility.

3. The results of inspecting products circulating in the market shall serve as one of the bases for Quality Control Agencies to request production facilities to recall products.

Article 10. Annual Assessment and Supplementary Assessment of Certificates

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) Conducting the COP assessment as stipulated in point b, Clause 2, Article 6 of this Circular;

b) Randomly sampling from among products of the same type at production facilities, conducting tests on the samples at the Testing Facility according to relevant national technical standards. Production facilities shall be responsible for transferring the samples to the Testing Facility.

2. Production facilities must carry out supplementary certification procedures when regulations and national technical standards related to certified product types change or when products undergo changes affecting their compliance with such regulations and standards. Production facilities shall submit the following additional documents:

a) Documents related to product changes;

b) Report on retesting results of the product according to new national technical regulations.

3. The Certificate will lose its validity if:

a) The product no longer complies with current regulations and national technical standards or the product has changed and is inconsistent with the registration dossier and the issued Certificate, and the production facility does not perform supplementary certification as prescribed in Clause 2 of this Article;

b) The production facility seriously violates regulations related to product quality inspection and issuance of Outgoing Quality Inspection Certificates;

c) The production facility fails to recall defective products as prescribed in Chapter III 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 3.

RECALL OF DEFECTIVE PRODUCTS

Article 11. Products Subject to Recall

1. Production facilities must recall products they have manufactured or assembled in the following cases:

a) The product violates current mandatory regulations and national technical standards applicable to the product;

b) The product poses a danger to life and property due to technical errors during design, manufacture, or assembly;

c) Products, although not causing losses to people and property, may become dangerous under certain conditions during use.

2. Quality Control Agencies shall base their decisions to compel production facilities to recall products on current regulations and national technical standards, information, and investigation results.

Article 12. Procedures for Product Recall

1. For Production Facilities:

Upon discovering technical defects in products already sold on the market, production facilities shall undertake the following actions:

a) Temporarily halt the release of products of the defective type;

b) Within no more than five working days from the date of discovery of the defect, production facilities must notify retailers in writing to temporarily stop supplying the defective products to the market;

c) Within no more than ten working days from the date of discovery of the defect, production facilities must submit a written report to Quality Control Agencies detailing the cause of the defect, corrective measures, quantity of products to be recalled, and specific recall plans;

d) Production facilities shall publicly disclose information about recalled products on their official website or through mass media;

đ) Implement the product recall as instructed by Quality Control Agencies as specified in point b, Clause 2 of this Article;

e) Production facilities must report to Quality Control Agencies at least once every three months in writing on the implementation of the recall plan;

g) Within thirty days from the completion of the recall, production facilities must submit a written report on the results of the recall to Quality Control Agencies;

h) Production facilities must bear all costs associated with the recall, including transportation expenses.

2. For Quality Control Agencies:

Upon discovering technical defects in products already sold on the market, Quality Control Agencies shall undertake the following actions:

a) Request production facilities to report on information related to the defect;

b) Require production facilities to submit detailed plans for rectification in writing within no more than five days depending on the severity and urgency of the defect;

c) Timely, fully, and objectively inform about recalled products on the official website of Quality Control Agencies;

d) Monitor the implementation of production facilities' recall plans;

đ) In necessary cases, temporarily revoke the Quality Certification of the defective product type until the production facility completes the recall as required. If, within three months from the last day of the recall obligation, the production facility does not report on the completion of the recall, the aforementioned Quality Certification will be permanently revoked.

Article 13. Responsibilities of Relevant Agencies, Organizations, and Individuals

1. Production facilities shall be responsible for:

a) Establishing a quality management system and tracking customer information to provide necessary notifications;

b) Establishing a system for collecting product quality information, analyzing technical faults, and storing relevant information;

c) Proactively reporting comprehensive information related to technical faults. During the investigation by Quality Control Agencies, they must fully cooperate and provide necessary information upon request;

d) Informing retailers, service stations, and customers of necessary information related to product recalls;

đ) Implementing product recalls in accordance with the provisions of this Circular.

2. Organizations and individuals owning products shall have the right and responsibility to:

a) Report technical faults discovered during use to production facilities and Quality Control Agencies;

b) Fully cooperate with Quality Control Agencies during investigations and facilitate the recall of products by production facilities as required.

3. Quality Control Agencies shall be responsible for:

a) Guiding the implementation of product recalls as prescribed in this Circular;

b) Compel production facilities to comply with product recall regulations;

c) Provide accurate and complete information about products that must be recalled upon request from competent authorities;

d) Temporarily or permanently withdraw the Product Type Approval Certificate for products that must be recalled.

Article 14. Other Requirements

1. In cases where necessary, the Quality Control Authority may seek expert opinions to assess the level of danger posed by technical defects in order to make necessary decisions.

2. The Quality Control Authority has the right to require production facilities to pay costs related to testing, testing, or examining products with technical defects as stipulated.

3. Production facilities violating these provisions may have their certification suspended or terminated for all products depending on the severity of the violation.

Chapter 4.

IMPLEMENTING PROVISIONS

Article 15. Responsibilities of the Vietnam Inspectorate Bureau

1. Based on assigned functions and tasks, guide inspection business as prescribed in this Circular.

2. Uniformly issue, manage, and guide the use of Product Certificates and Quality Inspection Report forms.

3. Announce a list of testing facilities conducting tests for quality safety technical certification and environmental protection work.

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

5. Summarize the results of motorcycle and motorbike quality safety technical inspection and environmental protection work to periodically report to the Ministry of Transport.

Article 16. Responsibilities of Production Facilities

1. Establish a quality management system to ensure the maintenance of quality for mass-produced products.

2. Implement the responsibility of recalling products with technical defects according to the provisions of this Circular.

3. Fully cooperate with the Quality Control Authority during inspections and examinations regarding product quality.

Article 17. Fees and Charges

The Quality Control Authority and Testing Facilities are entitled to collect fees as currently prescribed by the Ministry of Finance.

Article 18. Effective Date

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

2. The following consolidated documents are abolished:

Decision No. 58/2007/QĐ-BGTVT dated November 21, 2007, issued by the Minister of Transport, establishing regulations on quality control, technical safety, and environmental protection in motorcycle and motorbike manufacturing and assembly;

b) Circular No. 29/2011/TT-BGTVT dated April 15, 2011, issued by the Minister of Transport, amending and supplementing certain articles of the regulations on quality control, technical safety, and environmental protection for imported motorcycles, motorbikes, and engines used for motorcycle and motorbike manufacturing and assembly, as well as regulations on quality control, technical safety, and environmental protection in motorcycle and motorbike manufacturing and assembly, attached to Decision No. 57/2007/QĐ-BGTVT dated November 21, 2007, and Decision No. 58/2007/QĐ-BGTVT dated November 21, 2007, both issued by the Minister of Transport.

3. Product Certificates and Quality Inspection Reports issued before the effective date of this Circular remain valid until their expiration date.

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

Article 19. Implementation

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.