Circular No. 46/2019/TT-BGTVT amends and supplements certain Articles of Circular No. 25/2019/TT-BGTVT dated July 5, 2019, issued by the Minister of Transport, concerning technical safety quality inspection and environmental protection during automobile production and assembly.

Amending and supplementing some Articles of Circular No. 25/TT-BGTVT/2019dated July 5, 2019 issued by the Minister of Transport

regarding quality safety technical inspection and environmental protection in automobile production and assembly

Pursuant to Decree No. 116/2017/NĐ-CP dated October 17, 2017 of the Government stipulating conditions for automobile production, assembly, importation, and warranty and maintenance services;

The Minister of Transport hereby promulgates this Circular amending and supplementing some Articles of Circular No. 25

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;

/TT-BGTVT dated July 5, 2019 issued by the Minister of Transport regarding quality safety technical inspection and environmental protection in automobile production and assemblydated July 5, 2019 issued by the Minister of Transport regarding quality safety technical inspection and environmental protection in automobile production and assembly is amended as follows:

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

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

Certificate of Quality of product types, Certificate of Design Review of automobiles, and results of product quality assurance assessment shall be carried out as follows:/2019a) For Certificates of Design Review issued before August 25, 2019, they may continue to be used to complete procedures for issuing Product Type Quality Certificates, and design entities only need to prepare supplementary files for missing items according to this Circular;b) COP evaluation results for auto parts products from the latest period from October 17, 2017 to August 25, 2019 are considered initial evaluation results; in Hanoi, Vietnam c) COP evaluation results for automobiles conducted before August 25, 2019 remain valid for 12 months from the date of successful evaluation to process quality certification. If these evaluations were conducted after the enterprise was granted a Certificate of Eligibility for Automobile Production and Assembly by the Ministry of Industry and Trade according to Decree 116, they are considered initial evaluations;.

Article 1. 3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 21 19/2018/TT-BGTVT) which has been amended and supplemented by Clause 7, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport, amending and supplementing certain articles of Circular No. 19/2018/TT-BGTVT 25/2019dated July 5, 2019 issued by the Minister of Transport d) Initial Quality Certificates for part types issued from October 17, 2017 to August 25, 2019 based on inspection and testing results according to corresponding standards in Vietnam, if enterprises wish to continue producing or importing for automobile production and assembly, must submit supplementary files for missing items according to Clause 1, Article 7 of this Circular directly or through postal service or via the electronic portal or other means to the supervisory authority. Within two working days from the date of receiving complete files, the supervisory authority will issue a new Quality Certificate to the enterprise, and if not issued, a written response with reasons must be provided. The validity of the renewed certificate is 36 months from the date of issuance of the initial certificate or until the implementation deadline of the newly issued or revised national technical regulation standard, whichever comes first. This certificate can be used to complete inspection, testing, and certification procedures for automobile types and production or importation. In cases where parts used for production and assembly of certified vehicle types do not meet the requirements of Clause 1, Article 6 of Decree 116, only national technical standards in Vietnam apply for testing and certifying the quality of those parts;

“Article 21. Transitional Provisions

1. e) Initial Quality Certificates for automobile types issued from October 17, 2017 to August 25, 2019, if production entities wish to continue producing or assembling such types, must submit supplementary files for missing items according to Clause 2, Article 7 of this Circular directly or through postal service or via the electronic portal or other means to the supervisory authority. Within two working days from the date of receiving complete files, the supervisory authority will issue a new Quality Certificate to the enterprise, and if not issued, a written response with reasons must be provided. The validity of the renewed certificate is 36 months from the date of issuance of the initial certificate.

Factory release certificates issued for vehicles before the effective date of this Circular and factory release certificates issued for vehicles according to Clause 1 of this Article still retain their validity for related matters.

Effectiveness and Implementation

1. This Circular takes effect from December 27, 2019.

d) A Quality Certification for component types that were first issued from October 17, 2017 to August 24, 2019 based on testing results conducted according to corresponding standards in Vietnam, if the enterprise wishes to continue producing or importing for production or assembly of automobiles, shall supplement the missing sections of the application dossier in accordance with Clause 1 of Article 7 of this Circular, and submit it directly, through postal services, via the Electronic Information Portal, or other means to the Quality Control Authority. Within two working days from the date of receiving a complete dossier in accordance with regulations, the Quality Control Authority shall issue a new Quality Certification to the enterprise; in case of non-issuance, a written response stating the reasons must be provided. The validity period of the renewed Quality Certification is thirty-six months from the date of issuance of the initial Quality Certification or until the deadline for applying the newly promulgated or amended national technical regulations, whichever comes first. This certification may be used to complete inspection, testing, and certification procedures for automobile model types and production or importation. In cases where components used for production or assembly of certified vehicle models do not meet the requirements stipulated in Clause 1 of Article 6 of Decree 116, quality testing and certification for such components shall only be conducted according to corresponding national technical regulations in Vietnam.

đ) An Automobile Model Type Quality Certification that was initially issued from October 17, 2017 to August 24, 2019, if the manufacturing entity wishes to continue producing or assembling such vehicle models, shall supplement the missing sections of the application dossier in accordance with Clause 2 of Article 7 of this Circular, and submit it directly, through postal services, via the Electronic Information Portal, or other means to the Quality Control Authority. Within two working days from the date of receiving a complete dossier in accordance with regulations, the Quality Control Authority shall issue a new Quality Certification to the enterprise; in case of non-issuance, a written response stating the reasons must be provided. The validity period of the renewed Quality Certification is thirty-six months from the date of issuance of the initial Quality Certification.

2. "Factory release certificates issued for vehicles before the effective date of this Circular and factory release certificates issued for vehicles under Clause 1 of this Article remain valid for use in resolving related matters."

Article 2Effectiveness and implementation organization

1. This Circular takes effect from December 27, 2019.

2. The Director of the Ministry's Office, the Chief Inspector of the Ministry, the Heads of Departments, the Director of the Vietnam Registration Agency, the Heads of agencies, organizations, and individuals related to this matter are responsible for enforcing this Circular./.