Circular No. 48/2022/TT-BGTVT guiding the energy label affixing for passenger cars, motorcycles, electric bicycles, and plug-in hybrid electric vehicles

CIRCULAR

Guidelines on energy labeling for passenger cars, motorcycles,

 electric bicycles and electric hybrid vehicles

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

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;

Pursuant to Decision No. 04/2017/QĐ-TTg dated March 9, 2017 of the Government Chairman stipulating the list of means of transport and equipment required to be labeled with energy labels, applying minimum energy efficiency levels and implementation timelines;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Science, Technology, and Environment Department and the Director of the Vietnam Registration Agency;

The Minister of Transport issues this Circular guiding on energy labeling for passenger cars, motorcycles, electric bicycles and electric hybrid vehicles.

PART I

GENERAL GUIDELINES

Article 1. Scope of Regulation

1. This Circular guides on the energy labeling for passenger cars with up to nine seats including the driver (hereinafter referred to as passenger cars), motorcycles, electric bicycles and electric hybrid vehicles, including: electric hybrid passenger cars, fully electric passenger cars, electric hybrid motorcycles, fully electric motorcycles, and fully electric bicycles (hereinafter referred to as vehicles) produced, assembled from spare parts, brand new 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 for re-export, transit, transfer vehicles; diplomatic and consular vehicles;

c) Vehicles with structures and technologies that cannot currently be tested domestically;

d) Imported vehicles not for business purposes;

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

e) Vehicles driven solely by internal combustion engines using gasoline, diesel, liquefied petroleum gas (LPG), natural gas (NG/biomethane and H₂NG), hydrogen fuel.

Article 2. Applicability

This Circular applies to production facilities, assembly organizations, individuals importing vehicles, and relevant agencies, organizations, and individuals involved in vehicle energy labeling.

Article 3. Explanation of Terms

The terms used in this Circular are understood as follows:

1. Electric powertrain is a system consisting of one or more electrical energy storage devices (batteries, accumulators, electro-mechanical flywheels or supercapacitors); one or more electrical energy stabilizing devices; and one or more electrical devices used to convert stored electrical energy into mechanical energy transmitted to the wheels as the driving force for vehicle movement.

2. Electric hybrid powertrain is a powertrain consuming energy from both sources of energy stored on the vehicle as follows:

a) Fuel;

b) Electrical energy storage device.

3. Pure electric vehicle (PEV) is a vehicle driven by an electric powertrain.

4. Electric hybrid vehicle (HEV) is a vehicle driven by an electric hybrid powertrain (including vehicles using fuel only to charge the electrical energy storage device).

5. Off-Vehicle Charging - Hybrid Electric Vehicle (OVC-HEV) is an electric hybrid vehicle capable of charging from external power sources.

6. Not Off-Vehicle Charging - Hybrid Electric Vehicle (NOVC-HEV) is an electric hybrid vehicle incapable of charging from external power sources.

7. Maximum 30 minutes power: Defined at Point 2.5 Article 2 of TCVN 9725:2013 Road Traffic Means of Transport - Measuring Useful Engine Power and Maximum 30 Minutes Power of Electric Propulsion System - Requirements and Testing Methods in Type Approval.

8. Maximum 30 minutes speed is the average value of the maximum speed stated by the manufacturer that the vehicle can maintain for 30 minutes.

9. Energy label of the vehicle (hereinafter referred to as energy label) is a label providing information related to the type of energy used, energy consumption, and other relevant information of the following types of vehicles:

a) For fully electric passenger cars, fully electric motorcycles, and fully electric bicycles: electricity consumption level;

b) For off-vehicle charging electric hybrid passenger cars and off-vehicle charging electric hybrid motorcycles: fuel type used, fuel consumption level, electricity consumption level;

c) For non-off-vehicle charging electric hybrid motorcycles: fuel type used and fuel consumption level.

10. Vehicle energy consumption level

a) For fully electric passenger cars, fully electric motorcycles, and fully electric bicycles: the amount of electricity consumed by the vehicle over a specified distance under defined test conditions and cycles;

b) For off-vehicle charging electric hybrid passenger cars and off-vehicle charging electric hybrid motorcycles: the amount of fuel and electricity consumed by the vehicle over a specified distance under defined test conditions and cycles;

c) For non-off-vehicle charging electric hybrid motorcycles: the amount of fuel consumed by the vehicle over a specified distance under defined test conditions and cycles.

11. Quality management agency (hereinafter referred to as QLCL agency) is the Vietnam Vehicle Inspection Center under the Ministry of Transport.

12. Production and assembly facility is an organization producing and assembling vehicles (hereinafter referred to as SXLR) established and operating in accordance with the law.

13. Importing entity is an organization carrying out vehicle imports (hereinafter referred to as NK).

14. Vehicle business entity is an organization or individual conducting vehicle sales and distribution to the market.

15. Testing facility, vehicle energy consumption testing laboratory (hereinafter referred to as testing facility) is a specialized testing organization meeting the conditions stipulated in Article 5 of Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government on business conditions for conformity assessment services/or recognized according to the standards of the Vietnam Accreditation Laboratory System (VILAS) or accredited by organizations that have signed mutual recognition agreements (International Laboratory Accreditation Cooperation (ILAC), Asia Pacific Laboratory Accreditation Cooperation (APLAC)).

Article 4. General Guidelines

1. Vehicles of the Same Type and Model

a) For fully electric passenger cars and hybrid electric passenger cars: defined in Appendix VIII attached hereto (applicable to domestically produced and locally assembled vehicles) or at Appendix IX attached hereto (applicable to imported vehicles);

b) For hybrid electric motorcycles and fully electric motorcycles, vehicles of the same type and model are those having the following basic characteristics: products of the same industrial property owner, same brand, design, and technical specifications, manufactured on the same production line; equivalent inertial mass is determined according to the corresponding standard weight in Table D.12-4 of TCVN 13062:2020 including all vehicle features and engines specified in Appendix V attached hereto;

c) For fully electric motorbikes, vehicles of the same type and model are those having the following basic characteristics: products of the same industrial property owner, same brand, design, and technical specifications, manufactured on the same production line; equivalent inertial mass is determined according to the corresponding standard weight in Table 3 point 3.7.1 Article 3 QCVN 04:2009/BGTVT National Technical Regulations on Exhaust Emissions for Motorcycles and Motorbikes Produced, Assembled and Newly Imported issued by the Minister of Transport including all vehicle features and engines specified in Appendix V attached hereto.

2. After submitting the Public Notice of Energy Consumption Levels in accordance with the guidance provided in Appendix II or Appendix III attached hereto to the regulatory authority, the production and assembly or import entity shall affix the energy label on each vehicle before it is put on the market. The energy label must be maintained on the vehicle by the production and assembly or import entity until the vehicle is handed over to the consumer.

3. For non-rechargeable plug-in hybrid electric passenger cars, the affixing of the energy label shall be carried out in accordance with Joint Circular No. 43/2014/TTLT-BGTVT-BCT dated September 24, 2014 of the Ministers of Transport and Industry and Trade regarding the affixing of energy labels for passenger cars up to seven seats or Circular No. 40/2017/TT-BGTVT dated November 9, 2017 of the Minister of Transport regarding the affixing of energy labels for passenger cars from seven to nine seats.

Chapter II

GUIDELINES FOR TESTING METHODS

Article 5. For fully electric passenger cars and vehicles hybrid electric passenger cars

1. The main information and technical specifications of the vehicle provided by the production and assembly or import entity are as follows:

a) For fully electric passenger cars: in accordance with Appendix IV attached hereto;

b) For externally rechargeable hybrid electric passenger cars: in accordance with Appendix C of TCVN 7792:2015.

The technical requirements in this technical regulation are implemented according to the testing methods specified below:

a) For fully electric passenger cars

The measurement of electricity consumption is conducted according to the method and test cycle as guided in Appendix E of TCVN 7792:2015.

b) For externally rechargeable hybrid electric passenger cars

The measurement of fuel consumption and electricity consumption is conducted according to the method and test cycle specified in Appendix F of TCVN 7792:2015. The fuel consumption level of the OVC-HEV vehicle is calculated according to Appendix I attached hereto. The value of the distance traveled using electricity used in calculating the fuel consumption and electricity consumption results is taken from the manufacturer's documentation or measured according to the procedure specified in Appendix G of TCVN 7792:2015.

The measurement of energy consumption of the vehicle can be conducted independently or combined with exhaust emissions testing. In cases where it is combined with exhaust emissions testing, the fuel consumption value is calculated according to point D.1.4.3 of Appendix D of TCVN 7792:2015 using the carbon balance method based on measured CO emissions and related carbon emissions (CO and HC).₂ measures and emits other related carbon dioxide (CO2 and HC).

c) The production and assembly or import entities may apply testing methods according to the European Commission (EC)/United Nations Economic Commission for Europe (UNECE) or United States Environmental Protection Agency (EPA) instead of the testing methods specified in TCVN 7792:2015 for measuring energy consumption for the aforementioned types of vehicles.

3. Units of Measurement and Rounding of Measured Energy Consumption Results

a) The unit of measurement for fuel consumption is liters (l)/100 kilometers (km) for gasoline, LPG, ethanol (E85), and diesel; cubic meters (m³)/100 kilometers (km) for natural gas (NG/biomethane) and hydrogen (H₂); kilograms (kg)/100 kilometers (km) for hydrogen. The measurement result must be rounded to two decimal places.³)/100 kilometers (km) for natural gas NG/biomethane and H.₂b) The unit of measurement for electricity consumption is watt-hours (Wh)/kilometer (km). The measurement result must be rounded to two decimal places.

b) The unit of measurement for electric energy consumption is watt-hour (Wh)/kilometer (km). The measurement result must be rounded to the second decimal place.

Article 6. For electric motorcycles, pure electric motorbikes, and hybrid electric motorbikes

1. The main information and technical specifications of the vehicle shall be provided by the production and import establishments according to Appendix V issued together with this Circular.

The technical requirements in this technical regulation are implemented according to the testing methods specified below:

a) For electric motorcycles

The measurement of electricity consumption shall be carried out according to the method specified in Article 7 of TCVN 12776-1:2020 and the test cycle specified in Appendix A of TCVN 12776-1:2020.

b) For pure electric motorbikes

The measurement of electricity consumption shall be carried out according to one of the following two methods: the method specified in Article 7 of TCVN 12776-1:2020 and the test cycle specified in Appendix B of TCVN 12776-1:2020 or the method specified in Appendix G.2 of TCVN 13062:2020.

c) For hybrid electric motorbikes

The measurement of fuel consumption and electricity consumption shall be carried out according to the method and test cycle specified in Appendix G.3 of TCVN 13062:2020. The value of the distance using electricity used in calculating the results of fuel consumption and electricity consumption shall be taken from the documentation provided by the manufacturer or measured according to the procedure specified in Appendix G.6 of TCVN 13062:2020.

The measurement of energy consumption of the vehicle shall be conducted independently or combined with exhaust gas testing. In cases where it is combined with exhaust gas testing, the value of fuel consumption shall be calculated according to the guidance at point G.1-1.4.3 of Appendix G1 of TCVN 13062:2020 using the carbon balance method based on CO emission results.₂ measures and emits other related carbon dioxide (CO2 and HC).

d) Production and import establishments may apply testing methods prescribed by the European Commission (EC)/United Nations Economic Commission for Europe (UNECE) or the United States Environmental Protection Agency (EPA) instead of the testing methods specified in TCVN 12776-1:2020 or TCVN 13062:2020 to measure energy consumption for the aforementioned types of vehicles.

3. The units of measurement and rounding of the results of energy consumption measurement shall be applied according to Clause 3 of Article 5 of this Circular.

Article 7. Content of the energy consumption report

1. The testing method and test cycle in the energy consumption report must comply with the guidelines set forth in Article 5 or Article 6 of this Circular.

2. The energy consumption report issued by the testing facility for registered test vehicles shall include the contents stipulated in Appendices VI and VII issued together with this Circular. For vehicles for which production and import establishments apply testing methods as prescribed in point c, Clause 2 of Article 5 or point d, Clause 2 of Article 6, the production and import establishments shall use test reports consistent with the applied testing methods.

PART III

PUBLIC DISCLOSURE OF ENERGY CONSUMPTION RATES,

ENERGY LABELING AND INSPECTION, SUPERVISION

ENERGY LABELING

Article 8. Public disclosure of energy consumption rates 1. Production and import establishments must disclose information about the energy consumption rate of the vehicle before affixing the energy label.

2. Production and import establishments shall base the public disclosure of energy consumption information on the energy consumption report according to the guidance in Article 7 of this Circular. The disclosed energy consumption rate shall not be less than 4% lower than the measurement result (if there are more than one test, the measurement result is the average of the tests) in the energy consumption report. The public disclosure of the energy consumption rate of the vehicle type shall follow the guidance in Appendices II and III issued together with this Circular.

3. For vehicle types produced or imported that are determined to be of the same type as those already publicly disclosed for energy consumption rates, production and import establishments are permitted to use the disclosed energy consumption rate for registration without needing to retest the energy consumption rate.

4. Public disclosure of information related to energy consumption shall be carried out through the following forms:

a) Sending the public disclosure of the energy consumption rate of the vehicle type to the management agency to publish on the electronic information website of the management agency;

b) Publishing the energy consumption rate on the electronic information website of the production and import establishment and vehicle sales entity (if any).

5. The disclosed information must be maintained throughout the period during which the production and import establishment and vehicle sales entity provide the vehicle type to the market.

5. Public information must be maintained throughout the period during which the vehicle production facility, importer, and dealer supply that type of vehicle to the market.

Article 9. Energy Labeling

1. Production and Import enterprises shall print energy labels according to the model prescribed by the Ministry of Industry and Trade.

2. For vehicles using the same Energy Consumption Test Report, Production and Import enterprises may publicly display information on the same energy label.

3. Position for affixing energy labels

a) For fully electric passenger cars and plug-in hybrid passenger cars: the energy label must be affixed inside the vehicle, near the driver's seat, on the fixed rear window or rear windshield, at a position easily visible from outside the vehicle. In cases where it is difficult to observe when affixed inside the vehicle, it may be affixed outside the vehicle at a position easily visible.

b) For fully electric motorcycles, fully electric motorbikes, and plug-in hybrid motorbikes: the energy label must be affixed at a position easily visible.

Article 10. Re-publication of Information on Energy Consumption and Re-affixing of Energy Labels

1. Production and Import enterprises must test and re-publish information on energy consumption and re-affix energy labels in any of the following cases:

a) Incorrectly publishing energy consumption levels;

b) The results of inspections and monitoring conducted according to Article 11 reveal that actual energy consumption exceeds 4% compared to the published levels by Production and Import enterprises.

2. Production and Import enterprises must re-publish information but need not re-test for vehicles of the same type where changes in published information do not affect the results of energy consumption (trade name, convenience, and aesthetics).

3. The content and form of re-publishing information on energy consumption and re-affixing energy labels shall be carried out according to the guidance provided in Articles 8 and 9 of this Circular.

Article 11. Inspection and Supervision Related to Energy Labeling Implementation

Regulatory agencies organize inspection and supervision related to energy labeling implementation as follows:

1. Annually, develop and implement plans to inspect compliance with the publication of energy consumption information and the implementation of energy labeling by Production and Import enterprises and vehicle traders according to the guidance in Chapter III of this Circular.

2. Conduct spot checks upon receiving valid complaints or reports indicating violations related to energy labeling implementation by Production and Import enterprises. If clear signs of violation are found regarding published energy consumption levels, regulatory agencies have the right to require Production and Import enterprises to re-test energy consumption levels and re-publish information on energy consumption levels.

Chapter IV

IMPLEMENTATION

Article 12. Responsibilities of Regulatory Agencies

1. Receive and publish information related to vehicle energy consumption according to the guidance in this Circular on the Regulatory Agency’s electronic information website.

2. Coordinate with relevant agencies to resolve complaints, disputes, and handle violations related to the publication of vehicle energy consumption levels and energy labeling.

3. During inspection and supervision, if administrative violations are discovered, they shall notify in writing the competent authority for handling according to Decree No. 134/2013/NĐ-CP dated October 17, 2013 of the Government on administrative penalties in the field of electricity, hydropower dam safety, energy conservation and efficiency, and Decree No. 17/2022/NĐ-CP dated January 31, 2022 of the Government amending and supplementing certain articles of decrees on administrative penalties in the fields of chemicals and industrial explosives; electricity, hydropower dam safety, energy conservation and efficiency; trade activities, production and sale of counterfeit and prohibited goods, and consumer protection; oil and gas activities, retail of petroleum products and gas.

4. Summarize the results of vehicle energy labeling inspection work and report to the Ministry of Transport when required.

Article 13. Responsibilities of Testing Facilities

Shall be responsible for the accuracy and effectiveness of the energy consumption test results of vehicles conducted by testing facilities according to this Circular.

Article 14. Responsibilities of Vehicle Manufacturing, Importing, and Trading Enterprises

1. Publicly disclose information on energy consumption levels and affix energy labels on vehicles according to this Circular before bringing them to market.

2. Shall be legally responsible for the accuracy and honesty of the test reports and the disclosed energy consumption levels.

3. Vehicle manufacturing, importing enterprises shall retain relevant documents related to the public disclosure of energy consumption levels, including: the public disclosure document of energy consumption levels; copies of reports on energy consumption levels of vehicle models for at least three years from the date of cessation of production and importation of such models.

4. Vehicle manufacturing, importing enterprises shall submit periodic reports to the management authority, including the following information:

a) Report name: periodic report on energy labeling;

b) Content required in the report: number of vehicle models affixed with energy labels; average energy consumption over one year for each manufacturing and importing enterprise;

c) Reporting entity: manufacturing and importing enterprises;

d) Receiving authority: Vietnam Motor Vehicle Registration Agency;

đ) Method of submitting and receiving reports: reports are presented in paper form or electronic format; submitted through one of the following methods: direct submission, postal service, electronic mail system, other methods as prescribed by law;

e) Deadline for submitting reports: no later than December 20th each year;

g) Frequency of reporting: annual periodic report;

h) Data collection period for the report: from December 15th of the year prior to the reporting period to December 14th of the reporting period;

i) Report data template: according to the guidance provided in Appendix X issued together with this Circular.

5. Manufacturing and importing enterprises shall have the responsibility to report to the management authority when there are changes related to the publicly disclosed energy label information for review and resolution.

Article 15. Effective Date

1. This Circular takes effect from July 1, 2023. It is encouraged that manufacturing enterprises; organizations and individuals importing automobiles, motorcycles, and motorbikes, and related agencies, organizations, and individuals apply this Circular earlier than the effective date mentioned above.

2. Transitional Provisions

a) Vehicles manufactured and imported with Quality Inspection Certificates issued before the effective date of this Circular are not required to affix energy labels according to this Circular's guidelines;

b) Newly imported vehicles with customs declaration dates under the Customs Law or arrival at Vietnamese ports or border gates before the effective date of this Circular are not required to affix energy labels according to this Circular's guidelines.

3. In cases where laws, regulations, standards, and technical norms cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced laws, regulations, standards, and technical norms.

Article 16. Responsibility for Implementation

The Director of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Motor Vehicle Registration Agency, Heads of agencies, units, and related organizations and individuals are responsible for implementing this Circular./.