Circular No. 49/2023/TT-BGTVT Amending and Supplementing Certain Articles of Circulars in the Field of Quality and Technical Safety Inspection and Environmental Protection for Motor Vehicles, Special-Purpose Motorcycles, Four-Wheeled Passenger Vehicles with Engines, Four-Wheeled Cargo Vehicles with Engines, and Electric Bicycles Produced, Assembled, and Imported

CIRCULAR

Amending and supplementing certain articles of Circulars in the field of quality and technical safety inspection and environmental protection for motor vehicles, specialized motorcycles, four-wheeled passenger vehicles with engines, four-wheeled cargo vehicles with engines, and electric bicycles produced, assembled, and imported.

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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 the Environmental Protection Law dated November 17, 2020;

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

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. 74/2018/ND-CP dated May 15, 2018 amending and supplementing certain articles of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality.

Pursuant to Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government amending and supplementing certain articles of Decree No. 132/2008/ND-CP dated December 31, 2008, Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government detailing the implementation of certain provisions of the Law on Product Quality, and Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Metrology.

Pursuant to Decree No. 69/2018/ND-CP dated May 15, 2018 of the Government promulgating the Decree detailing certain Articles of the Law on Foreign Trade Management.

Pursuant to Decree No. 56/2022/NĐ-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 amending and supplementing certain articles of Circulars in the field of quality and technical safety inspection and environmental protection for motor vehicles, specialized motorcycles, four-wheeled passenger vehicles with engines, four-wheeled cargo vehicles with engines, and electric bicycles produced, assembled, and imported.

Article 1. Amending and supplementing certain articles of Circular No. 25/2019/TT-BGTVT dated July 5, 2019 of the Minister of Transport stipulating the quality and technical safety inspection and environmental protection during automobile production and assembly (hereinafter referred to as Circular No. 25/2019/TT-BGTVT).

1. Amending and supplementing points a and c Clause 2 Article 5 as follows:

a) Amending and supplementing point a Clause 2 Article 5 as follows:

"a) The design entity shall prepare the design dossier and submit it directly or through the postal service or via the online public service system to the Inspection Authority."

In case of submission through the online public service system: submit one set of electronic design dossier in accordance with Clause 1 Article 4 of this Circular.

In case of direct submission or through the postal service: in addition to submitting one set of design dossier in accordance with Clause 1 Article 4 of this Circular, the design entity shall also submit one copy of the document (two copies if the design entity is different from the production entity) as stipulated in point b Clause 1 Article 4 of this Circular.

b) Amending and supplementing point c Clause 2 Article 5 as follows:

"c) The Inspection Authority shall examine and compare the contents of the automobile design dossier with technical standards, regulations, and current provisions of the Minister of Transport regarding technical safety and environmental protection within ten working days from the date of receipt of all dossiers. Within three working days from the date of the dossier review result, if the design dossier meets the requirements, the Inspection Authority shall issue the Design Review Certificate according to the model prescribed in Appendix III issued together with this Circular.

In case the automobile design dossier is complete but does not meet the requirements, the Inspection Authority shall notify in writing or through the online public service system the reasons and contents that do not meet the requirements for the design entity to perfect the design dossier. The design entity shall be responsible for perfecting the design dossier and resubmitting it within thirty working days from the date of notification and sending it back to the Inspection Authority. Within ten working days from the date of receiving the completed and full dossier, the Inspection Authority shall examine and compare the contents of the automobile design dossier with technical standards, regulations, and current provisions of the Minister of Transport regarding technical safety and environmental protection. Within three working days from the date of the dossier review result, if the design dossier meets the requirements, the Inspection Authority shall issue the Design Review Certificate according to the model prescribed in Appendix III issued together with this Circular; if the design dossier does not meet the requirements, the Inspection Authority shall notify in writing or through the online public service system about the non-issue of the Design Review Certificate and specify the reasons. If the design entity fails to perfect the incomplete contents of the design dossier within thirty working days from the date of notification, the Inspection Authority will suspend the review of the design dossier and notify in writing or through the online public service system about the non-issue of the Design Review Certificate. To continue the review of the automobile design dossier, the design entity must resubmit the dossier from the beginning;"

2. Amending and supplementing point d Clause 2 Article 7 as follows:

"d) A statistical report on domestic and imported assemblies, production systems used for manufacturing and assembling automobiles according to the model prescribed in Appendix VI issued together with this Circular, accompanied by one of the following documents corresponding to each component part (except engines) subject to inspection, testing, and certification as follows: A copy of the Certificate of Technical Safety and Environmental Protection Quality Type issued by the Inspection Authority (still valid); Notification of exemption from technical safety and environmental protection quality inspection for imported components still valid pursuant to Decree No. 60/2023/NĐ-CP dated August 16, 2023 of the Government on the inspection, certification of technical safety and environmental protection quality for imported automobiles and imported components under international agreements to which Vietnam is a member (hereinafter referred to as the Notification of Exemption from Component Inspection under Decree No. 60/2023/NĐ-CP dated August 16, 2023); a copy of the confirmation document from the foreign manufacturer accompanied by the relevant certification results documents regarding the quality conformity of imported component types as stipulated in mutual recognition agreements signed between Vietnam and other countries or regions; a copy of the confirmation document from the legal representative in Vietnam of the foreign manufacturer accompanied by a copy of the Certificate of Technical Safety and Environmental Protection Quality Type issued by the Inspection Authority (still valid)."

3. Amend and supplement Point c Clause 1 Article 9 as follows:

"c) The Inspection Authority shall examine the content of the dossier and the COP assessment result within seven working days. If the dossier is complete and compliant with the regulations and has a satisfactory COP result, the Inspection Authority shall issue the Certificate as provided for in Point d of this Clause. If the content of the dossier is not compliant, the Inspection Authority shall notify the Production Facility to supplement and perfect the dossier. In cases where there is no COP assessment result, the Inspection Authority shall notify the enterprise to conduct the COP assessment in accordance with Article 8 of this Circular."

Within six months from the date of notification, the enterprise shall be responsible for completing the content of the non-compliant dossier (including conducting the COP assessment in cases where there is no COP assessment result) and resubmitting it to the Inspection Authority. Within seven working days from the date of receipt of the completed and compliant dossier and the COP assessment result, the Inspection Authority shall examine the content of the dossier. If the dossier is complete, compliant, and the COP result meets the requirements, the Inspection Authority shall issue the Certificate as provided for in Point d of this Clause; if there are non-compliant contents, the Inspection Authority shall notify the enterprise about the non-issuance of the Certificate and specify the reasons. If the enterprise fails to complete the non-compliant contents notified within six months from the date of notification, the Inspection Authority will suspend the examination and assessment of the dossier or COP assessment and notify in writing or through the online public service system about the non-issuance of the Certificate. To continue the issuance of the Certificate, the enterprise must resubmit the dossier from the beginning."

a) For power plant projects using public investment capital or state capital outside public investment, the total investment and annual average electricity delivered (according to the P50 expectation level) are determined based on the basic design (or technical design when it cannot be determined according to the basic design) consistent with the installation parameters of the power plant, reviewed by the competent state agency;

"2. The Production Facility must ensure and be responsible for the origin, quality, and compliance of products upon dispatch and implement product labeling in accordance with the law. Products may only be dispatched and issued with a quality dispatch test certificate for automobiles when the Product Type Certificate remains valid and when the components subject to inspection, testing, and certification as prescribed in Appendix IV issued together with this Circular meet one of the following requirements:"

a) The component Certificate remains valid;"

b) The Notification of Exemption from Component Inspection under Decree No. 60/2023/NĐ-CP dated August 16, 2023 remains valid."

Article 2. Amend, supplement, and abolish certain Articles of Circular No. 30/2011/TT-BGTVT dated April 15, 2011, issued by the Minister of Transport on quality and technical safety inspection and environmental protection in the production and assembly of motor vehicles (hereinafter referred to as Circular No. 30/2011/TT-BGTVT), Circular No. 54/2014/TT-BGTVT dated October 20, 2014, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 30/2011/TT-BGTVT dated April 15, 2011, on quality and technical safety inspection and environmental protection in the production and assembly of motor vehicles (hereinafter referred to as Circular No. 54/2014/TT-BGTVT), and Circular No. 16/2022/TT-BGTVT dated June 30, 2022, issued by the Minister of Transport amending and supplementing certain provisions of the above-mentioned Circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT). 1. Amend and supplement Point d Clause 6 Article 5 of Circular No. 30/2011/TT-BGTVT which has been amended and supplemented according to Point c Clause 4 Article 1 of Circular No. 16/2022/TT-BGTVT as follows: "d) Time limit for resolution: The content of design drawings shall be reviewed within eight working days from the date of receipt of all required documents as prescribed. In case the design drawings meet the requirements (design drawings meet the requirements), the Inspection Authority shall issue the Design Approval Certificate according to the model prescribed in Appendix III attached hereto within three working days from the date of obtaining the satisfactory review results of the design drawings.

In case the design drawings are complete but contain contents that do not meet the requirements, the Inspection Authority shall notify in writing or through the online public service system the reasons and contents that do not meet the requirements for the Design Institution to perfect the design drawings. The Design Institution shall be responsible for perfecting the design drawings and resubmitting them within thirty working days from the date of notification and sending them back to the Inspection Authority. Within eight working days from the date of receipt of the completed and full design drawings, the Inspection Authority shall re-examine and evaluate the design drawings. Within three working days from the date of obtaining the satisfactory review results of the design drawings, if the design drawings meet the requirements, the Inspection Authority shall issue the Design Approval Certificate according to the model prescribed in Appendix III attached hereto; if the design drawings do not meet the requirements, the Inspection Authority shall notify in writing or through the online public service system about the non-issue of the Design Approval Certificate and specify the reasons. If the Design Institution fails to perfect the unsatisfactory contents of the design drawings within thirty working days from the date of notification, the Inspection Authority will stop the review of the design drawings and notify in writing or through the online public service system about the non-issue of the Design Approval Certificate. To continue the review of the design drawings, the Design Institution must submit the application from the beginning;"

2. Abolish Point c Clause 1 Article 8 of Circular No. 30/2011/TT-BGTVT which has been amended according to Clause 5 Article 1 of Circular No. 54/2014/TT-BGTVT.

3. Amend and supplement Item 3 of Point a Clause 2 Article 9 of Circular No. 30/2011/TT-BGTVT as follows:

"- The Vietnam Vehicle Inspection Agency shall examine the content of the file and the COP assessment results within seven working days. If the file is complete and valid according to the regulations and the COP result meets the requirements, the Vietnam Vehicle Inspection Agency shall issue the certificate according to Point d of this Clause. If the file content is invalid, the Vietnam Vehicle Inspection Agency shall notify the enterprise to supplement and perfect the file. In case there is no COP assessment result, the Vietnam Vehicle Inspection Agency shall notify the enterprise to conduct the COP assessment according to Article 8 of this Circular.

Within six months from the date of notification, the enterprise shall be responsible for perfecting the incomplete file contents (including conducting the COP assessment for cases without COP assessment results) and resubmitting them to the Vietnam Vehicle Inspection Agency. Within seven working days from the date of receipt of the completed and full file and COP assessment results, the Vietnam Vehicle Inspection Agency shall examine the file content and COP assessment results. If the file is complete, valid, and the COP result meets the requirements, the Vietnam Vehicle Inspection Agency shall issue the certificate according to Point d of this Clause; if there are incomplete contents, the Vietnam Vehicle Inspection Agency shall notify the enterprise about the non-issue of the certificate and specify the reasons. If the enterprise fails to perfect the notified incomplete contents within six months from the date of notification, the Vietnam Vehicle Inspection Agency will stop the examination and evaluation of the file or COP assessment and notify in writing or through the online public service system about the non-issue of the certificate. To continue issuing the certificate, the enterprise must submit the application from the beginning."

4. Replace Appendix IV and Appendix VII promulgated together with Circular No. 30/2011/TT-BGTVT (amended and supplemented by Clause 12 Article 1 of Circular No. 54/2014/TT-BGTVT) respectively with Appendices 1 and 2 promulgated together with this Circular.

5. Replace Appendix IX promulgated together with Circular No. 30/2011/TT-BGTVT respectively with Appendix 3 promulgated together with this Circular.

4. Replace Appendix IV and Appendix VII issued together with Circular No. 30/2011/TT-BGTVT (amended and supplemented by Clause 12, Article 1 of Circular No. 54/2014/TT-BGTVT) respectively with Appendices 1 and 2 issued together with this Circular.

5. Replace Appendix IX issued together with Circular No. 30/2011/TT-BGTVT respectively with Appendix 3 issued together with this Circular.

Article 3. Amend, supplement, and abolish certain Articles of Circular No. 45/2012/TT-BGTVT dated October 25, 2012, issued by the Minister of Transport on quality and technical safety inspection and environmental protection during motorcycle and motor scooter production and assembly (hereinafter referred to as Circular No. 45/2012/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30, 2018, issued by the Minister of Transport amending and supplementing certain provisions of several circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT), and Circular No. 16/2022/TT-BGTVT dated June 30, 2022, issued by the Minister of Transport amending and supplementing certain provisions of several circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT).

1. Abolish Point c Clause 1 Article 6 of Circular No. 45/2012/TT-BGTVT.

2. Amend and supplement Clause 3 Article 7 of Circular No. 45/2012/TT-BGTVT which has been amended according to Clause 1 Article 7 of Circular No. 42/2018/TT-BGTVT as follows:

"3. The Inspection Authority shall conduct an examination of the content of the file and the COP assessment results within seven working days. Within three working days from the end of the examination and assessment of the complete and valid file according to regulations and with satisfactory COP assessment results, the Inspection Authority shall issue the Certificate according to the model specified in Appendix VIIa and VIIb attached hereto. If the file content is not valid, the Inspection Authority shall notify the production facility to supplement and perfect the file. In cases where there is no COP assessment result, the Inspection Authority shall notify the enterprise to carry out the COP assessment according to the provisions of Article 6 of this Circular.

Within six months from the date of notification, the enterprise shall be responsible for completing the incomplete content of the file (including carrying out the COP assessment for cases without COP assessment results) and resubmitting it to the Inspection Authority. Within seven working days from the receipt of the completed and valid file and COP assessment results, the Inspection Authority shall examine the content of the file and the COP assessment results. If the file is complete and valid according to regulations and the COP assessment results are satisfactory, the Inspection Authority shall issue the Certificate according to the model specified in Appendix VIIa and VIIb attached hereto within three working days from the end of the examination and assessment of the complete and valid file and satisfactory COP assessment results; if there are any non-compliant contents, the Inspection Authority shall notify the enterprise about the non-issuance of the Certificate and specify the reasons. In cases where the enterprise fails to complete the non-compliant contents notified within six months from the date of notification, the Inspection Authority will suspend the examination and assessment of the file or COP assessment and notify in writing or through the online public service system about the non-issuance of the Certificate. To continue the issuance of the Certificate, the enterprise must submit the file again from the beginning."

3. Amend and supplement the second bullet point under Point a Clause 3 Article 8, Clause 7 Article 8, and add Clause 8 Article 8 of Circular No. 45/2012/TT-BGTVT as follows:

a) Amend and supplement the second bullet point under Point a Clause 3 Article 8 of Circular No. 45/2012/TT-BGTVT as follows:

"- Production facilities that have any of the violations listed in Clause 4 Article 10 of this Circular or cases where they are not notified in writing by the Inspection Authority to apply the self-inspection before leaving the factory as stipulated in Point c of this clause or still have violations and fail to comply with the provisions of this Circular during the supervision period."

b) Amend and supplement Clause 7 Article 8 of Circular No. 45/2012/TT-BGTVT as follows:

"7. Production facilities shall be responsible for establishing and issuing each vehicle leaving the factory with one file, including:

a) A quality inspection certificate upon leaving the factory as stipulated in Clause 6 of this Article;

b) User manuals in Vietnamese containing basic technical specifications of the vehicle and usage instructions;

c) Warranty books or warranty certificates in Vietnamese clearly stating the warranty conditions and the names and addresses of warranty and maintenance facilities."

c) Add Clause 8 Article 8 of Circular No. 45/2012/TT-BGTVT as follows:

"8. Frame number and engine number:

a) Production facilities shall not use frames or engines with erased, altered, or resealed frame numbers or engine numbers, except in cases stipulated in Point b of this clause for production and assembly into vehicles;

b) If the frame number or engine number is incorrectly stamped due to operator error or becomes blurred and difficult to read, the production facility must retain the original stamped number and notify the Inspection Authority in writing. The Inspection Authority shall inspect and, if there are no violations as stipulated in Point a of this clause, notify the production facility in writing to reseal the frame number or engine number. If there are violations, the Inspection Authority shall notify the production facility in writing not to use frames or engines with erased, altered, or resealed numbers for production and assembly into vehicles."

4. Add Point d, Point đ, and Point e Clause 3, and add Clause 4, Clause 5 Article 10 of Circular No. 45/2012/TT-BGTVT as follows:

a) Add Point d, Point đ, and Point e Clause 3 Article 10 of Circular No. 45/2012/TT-BGTVT as follows:

"d) Production facilities that are dissolved or bankrupt according to the law;

đ) Production facilities that forge documents or inaccurately report technical specifications, features of product types, information about manufacturers, and countries of origin in registration files affecting the results of technical safety and environmental protection certification of product types.

e) Product types that have been suspended from production for more than six months according to Clause 4 of this Article and the production facilities have not corrected the violations."

b) Add Clause 4 and Clause 5 Article 10 of Circular No. 45/2012/TT-BGTVT as follows:

"4. Suspension of production of product types

The Inspection Authority shall notify in writing to require production facilities to suspend production of products and suspend issuance of quality inspection certificates for vehicles (suspension of production) for product types falling under any of the following circumstances:

a) A production facility violates one of the following errors: failing to maintain product quality in accordance with regulations; not fully implementing product quality inspection according to the established inspection procedures and guidelines issued by the production facility; improperly managing and using the Product Release Certificate as prescribed; not adequately establishing the Product Release file for the product; not cooperating in conducting sudden inspections, evaluations, and verifying product defects.

b) Products released from the factory do not meet technical standards and specifications, are inconsistent with the quality certification registration files and typical samples of the product type that have been granted a Certificate of Conformity.

c) Violating intellectual property regulations as notified by the competent authority.

d) Violating provisions related to frame numbers and engine numbers as stipulated in Clause 8, Article 8 of this Circular.

5. During the suspension period for releasing products to the market as provided for in Clause 4 of this Article, the production facility shall not release products of the suspended types onto the market nor issue quality inspection certificates for such products. The production facility must rectify all violations within a maximum period of six months from the date the Quality Control Authority notifies the suspension of product release. After receiving notification from the production facility about the correction of violations, the Quality Control Authority will review and inspect; if the violations have been corrected, the Quality Control Authority will revoke the suspension of product release and notify the production facility in writing; if the production facility fails to correct the violations within the specified time limit, the Certificate of Conformity issued for the product type will lose its validity as provided for in Clause 3 of this Article.”

5. Amend and supplement Clause 4 of Article 15 of Circular No. 45/2012/TT-BGTVT as follows:

“4. Conduct regular or sudden inspections on the implementation of quality assurance and the use of product release quality inspection certificates by production facilities.”

6. Amend and supplement Clause 3 of Article 16 of Circular No. 45/2012/TT-BGTVT as follows:

“3. Cooperate with the Quality Control Authority during the inspection and evaluation process related to product quality, quality assurance measures, and management and use of product release quality inspection certificates.”

7. Replace Appendix VI issued together with Circular No. 45/2012/TT-BGTVT with Appendix 4 issued together with this Circular.

Article 4. Amend, supplement, and abolish certain articles of Circular No. 16/2014/TT-BGTVT dated May 13, 2014, issued by the Minister of Transport regarding conditions for four-wheeled cargo vehicles with engines and drivers participating in road traffic (hereinafter referred to as Circular No. 16/2014/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30, 2018, issued by the Minister of Transport amending and supplementing certain articles of circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT), and Circular No. 16/2022/TT-BGTVT dated June 30, 2022, issued by the Minister of Transport amending and supplementing certain articles of circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT).

1. Abolish Point c Clause 1 Article 6 of Circular No. 16/2014/TT-BGTVT.

2. Amend and supplement Clause 3 Article 7 of Circular No. 16/2014/TT-BGTVT which has been amended according to Clause 1 Article 8 of Circular No. 42/2018/TT-BGTVT as follows:

“3. The Vietnam Vehicle Inspection Agency shall examine the content of the file and the results of the COP assessment within seven working days. Within three working days from the end of the examination and assessment of the complete and valid file according to regulations and having satisfactory COP assessment results, the Vietnam Vehicle Inspection Agency shall issue the Certificate of Conformity according to the corresponding model as prescribed in Appendix VIIa and VIIb issued together with this Circular. If the file content is not valid, the Vietnam Vehicle Inspection Agency shall notify the production facility to supplement and perfect the file. In cases where there is no COP assessment result, the Vietnam Vehicle Inspection Agency shall notify the enterprise to conduct the COP assessment according to Article 6 of this Circular.

Within six months from the date of notification, the enterprise is responsible for completing the content of the file that does not comply (including conducting the COP assessment for cases without COP assessment results) and resubmitting it to the Vietnam Vehicle Inspection Agency. Within seven working days from the receipt of the completed and valid file and the COP assessment results, the Vietnam Vehicle Inspection Agency shall examine the content of the file and the COP assessment results. If the file is complete and valid according to regulations and the COP assessment results are satisfactory, the Vietnam Vehicle Inspection Agency shall issue the Certificate of Conformity according to the corresponding model as prescribed in Appendix VIIa and VIIb issued together with this Circular within three working days from the end of the examination and assessment of the complete and valid file and satisfactory COP assessment results; if there are non-compliant contents, the Vietnam Vehicle Inspection Agency shall notify the enterprise about the non-issuance of the Certificate of Conformity and specify the reasons. If the enterprise fails to complete the non-compliant contents within six months from the date of notification, the Vietnam Vehicle Inspection Agency will suspend the examination and assessment of the file or COP assessment and notify the enterprise in writing or through the online public service system about the non-issuance of the Certificate of Conformity. To continue the issuance of the Certificate of Conformity, the enterprise must submit the file anew.”

3. Amend and supplement Clause 3 Article 21 of Circular No. 16/2014/TT-BGTVT as follows:

“3. Implement the recall of products according to Article 16 of Circular No. 25/2019/TT-BGTVT dated July 5, 2019, issued by the Minister of Transport regarding quality control and environmental protection in automobile manufacturing and assembly.”

Article 5. Amending, supplementing, and abolishing certain provisions of Circular No. 41/2013/TT-BGTVT dated November 5, 2013, issued by the Minister of Transport on technical safety quality inspection for electric bicycles (hereinafter referred to as Circular No. 41/2013/TT-BGTVT), Circular No. 19/2014/TT-BGTVT dated May 28, 2014, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 23/2009/TT-BGTVT dated October 15, 2009, issued by the Minister of Transport on technical safety quality inspection and environmental protection for specialized motorcycles, Circular No. 44/2012/TT-BGTVT dated October 23, 2012, issued by the Minister of Transport on technical safety quality inspection and environmental protection for imported motorcycles and motorbikes and imported engines used for motorcycle and motorbike production and assembly, Circular No. 41/2013/TT-BGTVT dated November 5, 2013, issued by the Minister of Transport on technical safety quality inspection for electric bicycles (hereinafter referred to as Circular No. 19/2014/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30, 2018, issued by the Minister of Transport amending and supplementing certain provisions of circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT), and Circular No. 16/2022/TT-BGTVT dated June 30, 2022, issued by the Minister of Transport amending and supplementing certain provisions of circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT).

1. Abolishing Point c Clause 1 Article 5 of Circular No. 41/2013/TT-BGTVT amended by Clause 1 Article 5 of Circular No. 16/2022/TT-BGTVT.

2. Amending and supplementing Point b and Point c Clause 1 Article 8 of Circular No. 41/2013/TT-BGTVT amended according to Clause 2 Article 5 of Circular No. 42/2018/TT-BGTVT as follows:

“b) The Inspection Authority receives and checks the components of the registration application file. In case the file is incomplete according to regulations, the Inspection Authority returns the file within one working day for direct submission or within two working days from the date of receipt for online submission through the public service system and guides the manufacturer to complete the file. If the file is complete, the Inspection Authority accepts the file to conduct content inspection.

c) The Inspection Authority conducts content inspection and COP assessment results within seven working days. Within three working days from the end of the inspection and assessment, if the file is complete and compliant with regulations and has a satisfactory COP assessment result, the Inspection Authority issues the Certificate according to the model specified in Appendix IIIa attached to this Circular. If the file content is not compliant, the Inspection Authority notifies the manufacturer to supplement and complete the file. If there is no COP assessment result, the Inspection Authority notifies the enterprise to conduct the COP assessment according to Article 6 of this Circular.

Within six months from the notification date, the enterprise is responsible for completing the non-compliant content of the file (including conducting the COP assessment for cases without a COP assessment result) and resubmitting it to the Inspection Authority. Within seven working days from the date of receiving the completed and compliant file and COP assessment result, the Inspection Authority conducts content inspection and COP assessment. If the file is complete and compliant with regulations and has a satisfactory COP assessment result, the Inspection Authority issues the Certificate according to the model specified in Appendix IIIa attached to this Circular within three working days from the end of the inspection and assessment, provided that the file is complete and compliant with regulations and has a satisfactory COP assessment result; if there are non-compliant contents, the Inspection Authority notifies the enterprise about the non-issuance of the Certificate and specifies the reasons. If the enterprise fails to complete the non-compliant contents notified within six months from the notification date, the Inspection Authority will suspend the inspection and assessment process and notify the enterprise in writing or through the public service system about the non-issuance of the Certificate. To continue the issuance of the Certificate, the enterprise must submit the file again from the beginning.”

3. Amending and supplementing Point c Clause 2 Article 8 of Circular No. 41/2013/TT-BGTVT amended according to Point c Clause 4 Article 5 of Circular No. 16/2022/TT-BGTVT and adding Point đ Clause 2 Article 8 of Circular No. 41/2013/TT-BGTVT as follows:

a) Amending and supplementing Point c Clause 2 Article 8 of Circular No. 41/2013/TT-BGTVT amended according to Point c Clause 4 Article 5 of Circular No. 16/2022/TT-BGTVT as follows:

“c) The Inspection Authority conducts inspection and reviews the test results of the Vehicle according to Article 7 of this Circular. Within four working days from the date of inspection and supplementing all required documentation, the Inspection Authority issues the Certificate according to the model specified in Appendix IIIb attached to this Circular if the inspection and testing results meet the requirements; issues the Notification of Non-Conformity with Import Quality Standards according to the model specified in Appendix IIIc attached to this Circular if the inspection and testing results do not meet the requirements.”

b) Adding Point đ Clause 2 Article 8 of Circular No. 41/2013/TT-BGTVT as follows:

“đ) In cases where imported vehicles are damaged during transportation from abroad to Vietnam, the import entity is allowed to repair the following items: scratches or localized oxidation on the paint layer but not rotten or perforated; cracked or broken rearview mirrors; lighting and signaling systems: cracked or broken; missing relays; non-functioning batteries.”

4. Adding Point đ Clause 1 Article 9 of Circular No. 41/2013/TT-BGTVT as follows:

“đ) Vehicles that have been factory-inspected and labeled with conformity marks when released to the market must be provided with user manuals (which may include basic technical specifications of the vehicle and usage instructions), Product Warranty Certificates (specifying conditions and addresses of warranty service centers).”

5. Adding Point d, Point đ, and Point e Clause 3 Article 11 and adding Clause 4, Clause 5 Article 11 of Circular No. 41/2013/TT-BGTVT as follows:

a) Supplement Point d, Point đ, and Point e Clause 3 Article 11 of Circular No. 41/2013/TT-BGTVT as follows:

“d) The production facility is dissolved or bankrupted in accordance with the provisions of the law.

đ) The production facility forges documents, misreports technical specifications and features of vehicle models in registration certification files affecting the results of quality safety and environmental protection certification.

e) Product types that have been suspended from production for more than six months according to Clause 4 of this Article and the production facilities have not corrected the violations."

b) Supplement Clause 4 and Clause 5 Article 11 of Circular No. 41/2013/TT-BGTVT as follows:

"4. Suspension of production of product types

The management agency shall notify in writing to require the production facility to temporarily halt product shipment and stop issuing conformity marks (temporary halt of shipment) for product types under any of the following circumstances:

a) The production facility violates any of the following errors: failing to maintain quality assurance as prescribed; failing to fully implement product quality inspection according to the established procedures and quality inspection guidelines issued by the production facility; improperly managing and using conformity marks; failing to establish complete shipment records for vehicles as required; failing to cooperate in conducting surprise inspections and verifying product defects.

b) Vehicles shipped out do not meet technical standards, are inconsistent with the registration certification files and typical samples of the product type that have been certified.

c) Violating intellectual property regulations as notified by the competent authority.

5. During the period of temporary halt of shipment as stipulated in Clause 4 of this Article, the production facility shall not carry out shipments and issue conformity marks for vehicles of the halted product types to be released to the market. It must rectify all violations within a maximum period of six months from the date the management agency notifies the halt of shipment. The management agency will review and inspect after the production facility reports on the rectification of violations; if the violations have been rectified, the management agency will revoke the halt of shipment and notify the production facility in writing; if the production facility fails to rectify the violations beyond the specified time limit, the certificate issued for the product type will lose its validity as stipulated in Clause 3 of this Article.”

6. Amend and supplement Clause 4 Article 13 of Circular No. 41/2013/TT-BGTVT as follows:

“4. Implement recalls for vehicles produced or assembled in accordance with Article 16 of Circular No. 25/2019/TT-BGTVT dated July 5, 2019, issued by the Minister of Transport regarding quality safety and environmental protection inspections in automobile production and assembly, or implement recalls for imported vehicles in accordance with Clause 2 Article 8 of Circular No. 03/2018/TT-BGTVT dated January 10, 2018, issued by the Minister of Transport regarding quality safety and environmental protection inspections for imported automobiles subject to Decree No. 116/2017/NĐ-CP.”

7. Repeal Point c Clause 1 Article 6 of Circular No. 41/2013/TT-BGTVT.

Article 6. Amend and supplement certain articles of Circular No. 86/2014/TT-BGTVT dated December 31, 2014, issued by the Minister of Transport regarding conditions for four-wheeled motorized vehicles with drivers to participate in traffic within limited areas (hereinafter referred to as Circular No. 86/2014/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30, 2018, issued by the Minister of Transport amending and supplementing certain articles of various circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT), and Circular No. 16/2022/TT-BGTVT dated June 30, 2022, issued by the Minister of Transport amending and supplementing certain articles of various circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT).

1. Amend and supplement Clause 2 and Clause 3 Article 7 of Circular No. 86/2014/TT-BGTVT as follows:

a) Amend and supplement Clause 2 Article 7 of Circular No. 86/2014/TT-BGTVT as follows:

“2. The Vietnam Vehicle Inspection Bureau shall accept, examine, and process registration certification files as follows:

a) If the file components are incomplete as prescribed, return the file within one working day from the date of receipt for direct submission or two working days from the date of receipt for online submission through the public service system and provide guidance for the enterprise to complete the file.

b) If the file components are complete as prescribed, accept the file for inspection and evaluation of the content according to the prescribed procedures.”

b) Amend and supplement Clause 3 Article 7 of Circular No. 86/2014/TT-BGTVT as follows:

“3. The Vietnam Vehicle Inspection Bureau shall conduct an examination of the file content and COP assessment results within seven working days.

a) If the file content is not valid, the Vietnam Vehicle Inspection Bureau shall notify the production facility to supplement and complete the file. In cases where there is no COP assessment result, the Vietnam Vehicle Inspection Bureau shall notify the enterprise to conduct the COP assessment in accordance with Article 6 of this Circular.

Within six months from the notification date, the enterprise is responsible for completing the non-compliant file content (including conducting the COP assessment for cases without COP assessment results) and resubmitting it to the Vietnam Vehicle Inspection Bureau. Within seven working days from the date of receiving the completed file and COP assessment results, the Vietnam Vehicle Inspection Bureau shall conduct an examination of the file content and COP assessment results. If the file is complete and valid as prescribed and the COP assessment meets the requirements, the Vietnam Vehicle Inspection Bureau shall issue the Certificate as stipulated in Point b of this Clause; if there are non-compliant contents, the Vietnam Vehicle Inspection Bureau shall notify the enterprise about the non-issuance of the Certificate and specify the reasons. If the enterprise fails to complete the non-compliant contents within six months from the notification date, the Vietnam Vehicle Inspection Bureau will suspend the file inspection or COP assessment and notify the enterprise in writing or through the public service system about the non-issuance of the Certificate. To continue the issuance of the Certificate, the enterprise must resubmit the file from the beginning.

b) If the requirements are met, issue the Certificate in accordance with the form prescribed in Appendix IVa accompanying this Circular within three working days from the date of completion and evaluation of the complete and valid file in accordance with the regulations and having the COP assessment result meeting the requirements.

2. Amend Clause 6 of Article 8 of Circular No. 86/2014/TT-BGTVT as follows:

“6. The Vietnam Vehicle Registration Agency may conduct unannounced inspections. In case the inspection results show that the production facility violates the provisions of Clause 3 of Article 9 of this Circular, the Certificate will be revoked, or if it violates the provisions of Clause 4 of Article 9 of this Circular, the requirement to temporarily halt vehicle production shall be implemented.”

3. Amend and supplement Point b of Clause 3 of Article 9; supplement Points d, đ, and e of Clause 3 of Article 9 and supplement Clause 4 and Clause 5 of Article 9 of Circular No. 86/2014/TT-BGTVT as follows:

a) Amend Point b of Clause 3 of Article 9 of Circular No. 86/2014/TT-BGTVT as follows:

“b) The production facility violates one of the following provisions: using the Quality Inspection Certificate for vehicles not yet issued a Certificate; violating intellectual property rights regulations as notified by the competent authority;”

b) Supplement Points d, đ, and e of Clause 3 of Article 9 of Circular No. 86/2014/TT-BGTVT as follows:

“d) The production facility is dissolved or bankrupted in accordance with the provisions of the law.

đ) The production facility falsifies documents, misreports technical specifications and features of vehicle types in the registration certification files affecting the results of quality safety technical and environmental protection certification of vehicle types.

e) Product types that have been suspended from production for more than six months according to Clause 4 of this Article and the production facilities have not corrected the violations."

c) Supplement Clause 4 and Clause 5 of Article 9 of Circular No. 86/2014/TT-BGTVT as follows:

"4. Suspension of production of product types

The Inspection Authority shall notify in writing to require production facilities to suspend production of products and suspend issuance of quality inspection certificates for vehicles (suspension of production) for product types falling under any of the following circumstances:

a) The production facility violates one of the following errors: failing to maintain product quality as required; failing to fully implement product quality inspection according to the established procedures and quality inspection guidelines of the production facility; improperly managing and using the Quality Inspection Certificate; failing to establish complete export files for products as required; failing to cooperate in conducting unannounced inspections and verifying product defects.

b) Vehicles exported do not meet the quality safety technical and environmental protection requirements stipulated in this Circular, are inconsistent with the registration certification files and typical samples of vehicle types already certified.

5. During the period of temporary halt on production as provided for in Clause 4 of this Article, the production facility shall not carry out production or issue quality inspection certificates for products of the suspended vehicle types to put them on the market, and must rectify the violations within a maximum of six months from the date the Quality Control Authority notifies the temporary halt on production. The Quality Control Authority will review and inspect after the production facility reports on the rectification of the violations; if the violations have been rectified, the Quality Control Authority will revoke the temporary halt on production and notify the production facility in writing; if the production facility has not rectified the violations within the specified time limit, the Certificate issued for the vehicle types will lose its validity and be revoked in accordance with the provisions of Clause 3 of this Article.

4. Supplement Point c of Clause 3 of Article 12 of Circular No. 86/2014/TT-BGTVT as follows:

“c) In cases where the chassis number or engine number is erased, altered, or resealed, the Vietnam Vehicle Registration Agency suspends the inspection and certification procedures for imported four-wheeled passenger vehicles with engines; records the vehicle's violation status in the violation report form prescribed in Appendix XI accompanying this Circular; simultaneously sends a letter to the Institute of Forensic Science - Ministry of Public Security requesting verification and determination of the status of the chassis number or engine number. Within three working days from the date of receipt of the violation conclusion from the Institute of Forensic Science - Ministry of Public Security, if the vehicle is found to be in violation, the Vietnam Vehicle Registration Agency issues a Violation Notice under Decree No. 69/2018/NĐ-CP in accordance with the form prescribed in Appendix XII accompanying this Circular for the importer and customs office handling the import procedures to resolve according to regulations; if the conclusion is that the vehicle is not in violation and the inspection results meet the requirements, the Vietnam Vehicle Registration Agency issues the Certificate in accordance with Point b of Clause 3 of this Article or issues a Non-Conformity Notice in accordance with Point a of Clause 3 of this Article if the inspection results do not meet the requirements.”

5. Amend and supplement Clause 3 of Article 25 of Circular No. 86/2014/TT-BGTVT as follows:

“3. Implement the recall of vehicles produced or assembled in accordance with Article 16 of Circular No. 25/2019/TT-BGTVT dated July 5, 2019 of the Minister of Transport on the inspection of quality safety technical and environmental protection in automobile production and assembly or implement the recall of imported vehicles in accordance with Clause 2 of Article 8 of Circular No. 03/2018/TT-BGTVT dated January 10, 2018 of the Minister of Transport on the inspection of quality safety technical and environmental protection for imported automobiles subject to Decree No. 116/2017/NĐ-CP.”

6. Repeal Point c of Clause 1 of Article 6 of Circular No. 86/2014/TT-BGTVT.

7. Supplement Appendix XI and Appendix XII to Circular No. 86/2014/TT-BGTVT correspondingly as Appendix 5 and Appendix 6 accompanying this Circular.

Article 7. Amend, supplement, and abolish certain provisions of Circular No. 89/2015/TT-BGTVT dated December 31, 2015, issued by the Minister of Transport on technical quality and environmental protection inspection for specialized motor vehicles (hereinafter referred to as Circular No. 89/2015/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30, 2018, issued by the Minister of Transport amending and supplementing certain provisions of various circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT), and Circular No. 23/2020/TT-BGTVT dated January 20, 2020, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 89/2015/TT-BGTVT dated December 31, 2015, on technical quality and environmental protection inspection for specialized motor vehicles and Circular No. 42/2018/TT-BGTVT dated July 30, 2018, on amending and supplementing certain provisions of various circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 23/2020/TT-BGTVT).

1. Amend and supplement Clause 1, Article 3 of Circular No. 89/2015/TT-BGTVT, which has been amended according to Clause 3, Article 1 of Circular No. 23/2020/TT-BGTVT, as follows:

“1. Specialized motor vehicles (hereinafter referred to as vehicles) include types of vehicles listed in National Technical Regulation TCVN 7772:2007 "Vehicles, machines, and mobile construction equipment - Classification" and types of vehicles listed in Section C of Appendix I and Section D of Appendix II of Circular No. 12/2022/TT-BGTVT dated June 30, 2022, issued by the Minister of Transport on the List of Products and Goods with Potential Safety Hazards under the Management Responsibility of the Ministry of Transport."

2. Amend and supplement Point a, Clause 2, Article 5 of Circular No. 89/2015/TT-BGTVT as follows:

“a) If the file is complete as prescribed, within one working day from the date of receipt of the file, the Vietnam Vehicle Inspection Agency shall confirm in the Registration Form for Quality and Environmental Protection Inspection. The importer must bring the Vehicle to the actual inspection location within fifteen days from the date of bringing the goods for storage.

Beyond fifteen days from the date of bringing the goods for storage, if the Importer does not bring the Vehicle for actual inspection (except in cases of force majeure), the Vietnam Vehicle Inspection Agency will refuse to accept subsequent files until the Importer brings the Vehicle for actual inspection.”

3. Abolish Clause 1, Article 6 of Circular No. 89/2015/TT-BGTVT.

4. Amend and supplement Point d, Clause 2 and Point đ, Clause 2, Article 7 of Circular No. 89/2015/TT-BGTVT as follows:

a) Amend and supplement Point d, Clause 2, Article 7 of Circular No. 89/2015/TT-BGTVT as follows:

“d) In the case of vehicles permitted for importation as specified in Point a, Clause 8, Section II of Appendix I promulgated together with Decree No. 69/2018/NĐ-CP, they shall be inspected and certified according to the regulations, and the Certificate shall note: "This vehicle is used for operation in narrow areas and does not participate in traffic.".

b) Amend and supplement Point đ, Clause 2, Article 7 of Circular No. 89/2015/TT-BGTVT as follows:

“đ) Vehicles included in the list of prohibited import goods specified in Section II of Appendix I promulgated together with Decree No. 69/2018/NĐ-CP, the Vietnam Vehicle Inspection Agency shall take the following actions: suspend all procedures for inspecting and certifying the technical quality and environmental protection of imported specialized motor vehicles; prepare a record noting the violation status of the Vehicle according to Model VI attached to this Circular. Within three working days from the date of the violation conclusion, the Vietnam Vehicle Inspection Agency shall issue a Violation Notice according to Model VII attached to this Circular and send it to the Importer and Customs Authority (where the import procedures were handled) for resolution according to the regulations.”

5. Supplement Clause 3, Article 8 of Circular No. 89/2015/TT-BGTVT, which has been amended and supplemented according to Clause 5, Article 1 of Circular No. 23/2020/TT-BGTVT as follows:

“3. When submitting the file through the online public service system, the components of the file specified in Clause 1 of this Article shall be replaced by electronic documents.”

6. Amend and supplement Clause 3, Point a, Clause 5, and Point b, Clause 5, Article 9 of Circular No. 89/2015/TT-BGTVT, which has been amended and supplemented by Clause 5, Article 1 of Circular No. 23/2020/TT-BGTVT as follows:

a) Amend and supplement Clause 3, Article 9 of Circular No. 89/2015/TT-BGTVT, which has been amended and supplemented according to Clause 5, Article 1 of Circular No. 23/2020/TT-BGTVT as follows:

“3. Design bases shall receive the design review results as follows:

a) In the case of receiving directly at the management agency's office or through the postal service: one Design Review Certificate; technical design description and technical drawings (one copy if the design base is also the production base or two copies if the design base is different from the production base) of the design file;

b) In the case of receiving through the online public service system: one electronic copy of the Design Review Certificate; one electronic copy of the technical design description and technical drawings of the design file.”

b) Amend and supplement Point a, Clause 5, Article 9 of Circular No. 89/2015/TT-BGTVT, which has been amended and supplemented according to Clause 5, Article 1 of Circular No. 23/2020/TT-BGTVT as follows:

“a) The design review application file includes:

In the case of submitting the file through the online public service system: submit an electronic file including one application form according to Model XIVa attached to this Circular; one set of design file according to Clause 1, Article 8 of this Circular;

In the case of submitting the file directly or through the postal service: one application form according to Model XIVa attached to this Circular; in addition to submitting one set of design file according to Clause 1, Article 4 of this Circular, the design base shall also submit one additional copy (or two copies if the design base is different from the production base) as specified in Point a and b, Clause 1, Article 8 of this Circular.”

c) Amend and supplement Point b, Clause 5, Article 9 of Circular No. 89/2015/TT-BGTVT, which has been amended and supplemented according to Clause 5, Article 1 of Circular No. 23/2020/TT-BGTVT as follows:

“b) Procedure for implementation:

The design entity shall prepare one set of documents for design review in accordance with point a, Clause 5 of this Article, and submit such documents directly, through the postal service, or by other appropriate means to the Vietnam Vehicle Inspection Agency.

The Vietnam Vehicle Inspection Agency shall receive and check the components of the submitted documents. In cases where the documents are incomplete as required, the Vietnam Vehicle Inspection Agency shall return the documents within one working day for direct submissions or within two working days from the date of receipt for other submission methods, and provide guidance for the design entity to complete the documents. If the documents are complete, the Vietnam Vehicle Inspection Agency shall accept and proceed with reviewing the documents.

The Vietnam Vehicle Inspection Agency shall conduct the design review by checking and comparing the contents of the design documents against the technical regulations, standards, and norms issued by the Minister of Transport regarding safety and environmental protection for special-purpose vehicles. Within the time limit specified in point c of this clause, if the design documents meet the requirements, the Vietnam Vehicle Inspection Agency shall issue a Design Review Certificate according to the model attached as Appendix IX of this Circular.

In cases where the design documents are complete but some contents do not meet the requirements, the Vietnam Vehicle Inspection Agency shall notify in writing or through the online public service system the reasons and contents that do not meet the requirements for the design entity to complete the design documents. The design entity is responsible for completing the design documents and resubmitting them within thirty working days from the date of notification. Within the time limit specified in point c of this clause from the date of receiving the completed and full documents, the regulatory agency shall check and compare the contents of the vehicle design documents against the technical regulations, standards, and norms issued by the Minister of Transport regarding safety and environmental protection for special-purpose vehicles. Within the time limit specified in point c of this clause, if the design documents meet the requirements, the regulatory agency shall issue a Design Review Certificate according to the model prescribed in Appendix IX of this Circular; if the design documents do not meet the requirements, the regulatory agency shall notify in writing or through the online public service system that the Design Review Certificate will not be issued and specify the reasons.

If the design entity fails to complete the non-compliant contents of the design documents within thirty working days from the date of notification, the regulatory agency will suspend the design document review process and notify in writing or through the online public service system that the Design Review Certificate will not be issued. To continue the design document review process, the design entity must resubmit the documents from the beginning.

7. Amend and supplement point b and point c of Clause 2, Article 13 of Circular No. 89/2015/TT-BGTVT as amended and supplemented pursuant to Clause 5 of Article 1 of Circular No. 23/2020/TT-BGTVT as follows:

a) Amend and supplement point b of Clause 2, Article 13 of Circular No. 89/2015/TT-BGTVT as amended and supplemented pursuant to Clause 5 of Article 1 of Circular No. 23/2020/TT-BGTVT as follows:

“b) The Vietnam Vehicle Inspection Agency shall receive and check the components of the registration certification application documents. In cases where the documents are incomplete as required, the Vietnam Vehicle Inspection Agency shall return the documents within one working day from the date of receipt for direct submissions or within two working days from the date of receipt for submissions through the online public service system and provide guidance for enterprises to complete the documents. If the documents are complete, the Vietnam Vehicle Inspection Agency shall accept the documents for content review.”

b) Amend and supplement point c of Clause 2, Article 13 of Circular No. 89/2015/TT-BGTVT as amended and supplemented pursuant to Clause 5 of Article 1 of Circular No. 23/2020/TT-BGTVT as follows:

“c) The Vietnam Vehicle Inspection Agency shall conduct content review and COP assessment results within seven working days. If the documents are complete and valid as required and have a satisfactory COP assessment result, the Vietnam Vehicle Inspection Agency shall issue the corresponding certificate according to the model prescribed in Appendix XIII of this Circular within the time limit specified in Clause 3 of this Article. If the document contents are invalid, the Vietnam Vehicle Inspection Agency shall notify the production entity to supplement and complete the documents. In cases where there is no COP assessment result, the Vietnam Vehicle Inspection Agency shall notify the enterprise to conduct the COP assessment in accordance with Article 12 of this Circular.

Within six months from the date of notification, the enterprise is responsible for completing the non-compliant document contents (including conducting the COP assessment for cases without a COP assessment result) and resubmitting them to the Vietnam Vehicle Inspection Agency. Within seven working days from the date of receiving the completed and full documents and COP assessment results, the Vietnam Vehicle Inspection Agency shall conduct content review and COP assessment results. If the documents are complete and valid as required and have a satisfactory COP assessment result, the Vietnam Vehicle Inspection Agency shall issue the corresponding certificate according to the model prescribed in Appendix XIII of this Circular within the time limit specified in Clause 3 of this Article; if there are non-compliant contents, the Vietnam Vehicle Inspection Agency shall notify the enterprise about the non-issuance of the certificate and specify the reasons. If the enterprise fails to complete the non-compliant contents notified within six months from the date of notification, the Vietnam Vehicle Inspection Agency will suspend the document review or COP assessment process and notify in writing or through the online public service system that the certificate will not be issued. To continue the issuance of the certificate, the enterprise must resubmit the documents from the beginning.

8. Amend and supplement Clause 2, Article 16 of Circular No. 89/2015/TT-BGTVT as follows:

“2. Procedures and methods for design review of modified vehicle:

a) The design entity shall prepare the design documents for modified vehicles and submit them directly, through the postal service, or through the online public service system to the Inspection Sub-Department.

In case of submitting the application through the online public service system: submit one electronic design application for converted vehicles in accordance with Clause 1 of this Article.

In case of submitting the application directly or through the postal service: in addition to submitting one set of the design application for converted vehicles as prescribed in Clause 1 of this Article, the design entity shall also submit one copy of the document specified in point c of Clause 1 of this Article.

b) The Inspection Center receives and checks the components of the design application for converted vehicles. If the application is incomplete according to the regulations, the Inspection Center returns the application within one working day from the date of receipt for direct submission or within two working days from the date of receipt for applications submitted through the online public service system, and guides the design entity to complete it. If the application is complete, the Inspection Center accepts the application to review its contents.

c) Within seven working days from the date when the design entity submits a complete design application for converted vehicles: the Inspection Center conducts a review and evaluation of the design application for converted vehicles. If the design application meets the requirements, the Inspection Center issues a Design Approval Certificate in accordance with Appendix XVII attached to this Circular within three working days from the date of the assessment result showing that the design application meets the requirements.

If the automobile design application is complete but contains contents that do not meet the requirements, the Inspection Center notifies in writing or through the online public service system the reasons and contents that do not meet the requirements for the design entity to perfect the design application for converted vehicles. The design entity is responsible for perfecting the design application for converted vehicles and resubmitting it within thirty working days from the date of notification and sending it back to the Inspection Center. Within seven working days from the date of receiving the completed and perfected design application for converted vehicles, the Inspection Center rechecks and evaluates the design application for converted vehicles. Within three working days from the date of the assessment result, if the design application for converted vehicles meets the requirements, the Inspection Center issues a Design Approval Certificate in accordance with Appendix XVII attached to this Circular; if the design application for converted vehicles does not meet the requirements, the Inspection Center notifies in writing or through the online public service system about the non-issuance of the Design Approval Certificate and specifies the reasons. If the design entity fails to perfect the contents that do not comply with the requirements of the design application for converted vehicles beyond thirty working days from the date of notification, the Inspection Center will suspend the review of the design application for converted vehicles and notify in writing or through the online public service system about the non-issuance of the Design Approval Certificate for design improvement. To continue the review of the design application for converted vehicles, the design entity must resubmit the application from the beginning.

d) The design entity receives the design approval results as follows: For direct receipt at the Inspection Center's office or through the postal service: one Design Approval Certificate; one set of reviewed documents as specified in point c of Clause 1 of this Article; For receipt through the online public service system: one electronic copy of the Design Approval Certificate; one electronic copy of the document specified in point c of Clause 1 of this Article.

9. Amend and supplement Clause 2 of Article 17 of Circular No. 89/2015/TT-BGTVT as follows:

“2. The Inspection Center (the authority that has reviewed the design) shall establish a Record of Inspection based on the inspection and comparison of the converted vehicle with the reviewed design application for converted vehicles and the quality check of safety technology and environmental protection according to technical standards and regulations on safety technology and environmental protection for special purpose vehicles; if any part of the vehicle does not meet the requirements, it shall be notified to the conversion entity to perfect it.”

10. Supplement Clause 4 of Article 18 of Circular No. 89/2015/TT-BGTVT as follows:

“4. The design application for converted vehicles as stipulated in Article 16 of this Circular, after being reviewed and the Record of Inspection of the converted vehicle, shall be stored at the Inspection Center in accordance with the regulations from the date of issuance of the Quality Safety Technology and Environmental Protection Certificate for converted vehicles.”

11. Supplement Clause 7 of Article 25 of Circular No. 89/2015/TT-BGTVT as follows:

“7. Regarding the design review, acceptance, and issuance of the Quality Safety Technology and Environmental Protection Certificate for converted vehicles, the Inspection Center is responsible for:

a) Organizing and implementing the design review, acceptance, and issuance of the Quality Safety Technology and Environmental Protection Certificate for converted vehicles in accordance with this Circular.

b) Reporting and providing full documentation and data to serve the inspection of the design review, acceptance, and issuance of the certificate and vehicle conversion when requested.”

c) Standardizing and managing various types of Design Approval Certificate blanks and Quality Safety Technology and Environmental Protection Certificate blanks for converted vehicles.”

12. Amend and supplement Clause 2 of Article 26 of Circular No. 89/2015/TT-BGTVT as follows:

“2. Ensure that the vehicle remains in its original condition upon importation for the Vietnam Inspection Center to conduct quality inspections; prepare the vehicle at the inspection site (with an operator, ensuring a safe space during the inspection).”

13. Amend and supplement Clause 2, Clause 8 of Article 27 of Circular No. 89/2015/TT-BGTVT which has been amended and supplemented by Clause 7 of Article 1 of Circular No. 23/2020/TT-BGTVT as follows:

a) Amend and supplement Clause 2 of Article 27 of Circular No. 89/2015/TT-BGTVT which has been amended and supplemented by Clause 7 of Article 1 of Circular No. 23/2020/TT-BGTVT as follows:

“2. Documents related to vehicle conversion must be retained for at least two years from the date of issuance of the Quality Safety Technology and Environmental Protection Certificate for converted vehicles.”

b) Amend and supplement Clause 8 of Article 27 of Circular No. 89/2015/TT-BGTVT which has been amended and supplemented by Clause 7 of Article 1 of Circular No. 23/2020/TT-BGTVT as follows:

"8. Implement the recall of vehicles produced or assembled in accordance with Article 16 of Circular No. 25/2019/TT-BGTVT dated July 5, 2019 of the Minister of Transport on quality safety technical inspection and environmental protection for automobile production and assembly, or implement the recall of imported vehicles in accordance with Clause 2, Article 8 of Circular No. 03/2018/TT-BGTVT dated January 10, 2018 of the Minister of Transport on quality safety technical inspection and environmental protection for imported automobiles within the scope of Decree No. 116/2017/NĐ-CP."

14. Replace Appendix XVII and Appendix XVIII promulgated together with Circular No. 89/2015/TT-BGTVT respectively with Appendix 7 and Appendix 8 promulgated together with this Circular.

Article 8. Amend and supplement some articles of Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on quality safety technical inspection and environmental protection for imported motor vehicles (hereinafter referred to as Circular No. 31/2011/TT-BGTVT), Circular No. 55/2014/TT-BGTVT dated October 20, 2014 of the Minister of Transport amending and supplementing some articles of Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on quality safety technical inspection and environmental protection for imported motor vehicles (hereinafter referred to as Circular No. 55/2014/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of the Minister of Transport amending and supplementing some Articles of Circulars in the field of vehicle registration inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of the Minister of Transport amending and supplementing some articles of Circulars in the field of vehicle registration inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT). imported motor vehicles (hereinafter referred to as Circular No. 31/2011/TT-BGTVT), Circular No. 55/2014/TT-BGTVT dated October 20, 2014 of the Minister of Transport amending and supplementing some articles of Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on technical quality safety inspection and environmental protection for motor vehicles imported (hereinafter referred to as Circular No. 55/2014/TT-BGTVT), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of the Minister of Transport amending and supplementing some Articles of Circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of the Minister of Transport amending and supplementing some provisions of Circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 16/2022/TT-BGTVT)

1. Amend the name of Article 9 as follows:

“Article 9. Handling inspection results and recalls”.

2. Supplement Clause 5 of Article 9 as follows:

“5. For vehicles subject to recall as stipulated in Clause 1, Article 8 of Circular No. 03/2018/TT-BGTVT dated January 10, 2018 of the Minister of Transport on quality safety technical inspection and environmental protection for imported automobiles within the scope of Decree No. 116/2017/NĐ-CP (Circular No. 03/2018/TT-BGTVT), the recall of vehicles shall be carried out in accordance with Clause 2, Article 8 of Circular No. 03/2018/TT-BGTVT.”

Article 9. Amend and supplement some articles of Circular No. 44/2012/TT-BGTVT dated October 23, 2012 of the Minister of Transport on quality safety technical inspection and environmental protection for imported motorcycles, motorbikes, and engines imported for motorcycle and motorbike production and assembly (hereinafter referred to as Circular No. 44/2012/TT-BGTVT), Circular No. 19/2014/TT-BGTVT dated May 28, 2014 of the Minister of Transport amending and supplementing some articles of Circular No. 23/2009/TT-BGTVT dated October 15, 2009 of the Minister of Transport on quality safety technical inspection and environmental protection for specialized motorcycles, Circular No. 44/2012/TT-BGTVT dated October 23, 2012 of the Minister of Transport on quality safety technical inspection and environmental protection for imported motorcycles, motorbikes, and engines imported for motorcycle and motorbike production and assembly and Circular No. 41/2013/TT-BGTVT dated November 5, 2013 of the Minister of Transport on quality safety technical inspection for electric bicycles (hereinafter referred to as Circular No. 19/2014/TT-BGTVT) and Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of the Minister of Transport amending and supplementing some articles of Circulars in the field of vehicle registration inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT) imported for motorcycle production and assembly and Circular No. 41/2013/TT-BGTVT dated November 5, 2013 of the Minister of Transport on technical quality safety inspection for electric bicycles (hereinafter referred to as Circular No. 19/2014/TT-BGTVT) and Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of the Minister of Transport amending and supplementing some provisions of Circulars in the field of vehicle inspection (hereinafter referred to as Circular No. 42/2018/TT-BGTVT)

1. Amend and supplement Clause 1 of Article 3 of Circular No. 44/2012/TT-BGTVT as follows:

“1. Motorcycles and motorbikes are types of road traffic motor vehicles regulated in National Technical Regulation QCVN 14:2015/BGTVT - National Technical Regulation on quality safety technical inspection and environmental protection for motorcycles and motorbikes.”

2. Amend and supplement Clause 2 of Article 5 of Circular No. 44/2012/TT-BGTVT as follows:

“2. Inspection and testing contents:

a) The inspection and testing of vehicles shall be conducted in accordance with the provisions of National Technical Regulation QCVN 14:2015/BGTVT.

Where:

Exempt from separate inspection and testing of parts as specified in sections: 2.4.1; 2.4.2; 2.6.1; 2.6.2; 2.11.2; 2.15.3; 2.16.3; 2.18.1.5; 2.18.2.1; 2.18.2.4.

The exhaust gas inspection of vehicles as specified in section 2.19.1 shall be carried out when: The vehicle does not have relevant documentation on exhaust emissions as stipulated in Point d, Clause 1, Article 4 of this Circular; The vehicle has relevant documentation on exhaust emissions but the documentation does not fully reflect the applicable tests for that type of vehicle as stipulated in National Technical Regulation QCVN 04:2009/BGTVT "National Technical Regulation on exhaust emissions for newly manufactured and imported motorcycles and motorbikes" for motorcycles and motorbikes (excluding two-wheeled motorcycles) or National Technical Regulation QCVN 77:2014/BGTVT "National Technical Regulation on exhaust emissions level 3 for newly manufactured and imported two-wheeled motorcycles"; The vehicle has a structure inconsistent with the relevant documentation on exhaust emissions.

Exempt from the evaporation test as stipulated in QCVN 04:2009/BGTVT or QCVN 77:2014/BGTVT for motorcycles and motorbikes.

b) The inspection and testing of engines shall be conducted in accordance with the provisions of National Technical Regulation QCVN 37:2010/BGTVT - National Technical Regulation on motorcycle and motorbike engines or QCVN 90:2019/BGTVT - National Technical Regulation on engines used for electric motorcycles and motorbikes.”

3. Amend, supplement the name of Article 6, Clause 2, Point b Clause 3, supplement Point d Clause 3 of Article 6 and supplement Clause 4 of Article 6 of Circular No. 44/2012/TT-BGTVT as follows:

a) Amend the name of Article 6 of Circular No. 44/2012/TT-BGTVT as follows:

“Article 6. Procedures and formalities for issuing Import Quality Certificates and recalls”

b) Amend and supplement Clause 2 of Article 6 of Circular No. 44/2012/TT-BGTVT which has been amended according to Clause 2, Article 6 of Circular No. 42/2018/TT-BGTVT as follows:

"2. The inspection agency shall receive and examine the contents of the registration dossier for inspection and notify the result to the importing organization or individual within one working day from the date of receipt of the dossier. In case the registration dossier for inspection is complete in accordance with the regulations, the inspection agency shall confirm on the Inspection Registration Form. In case the registration dossier for inspection is incomplete in accordance with the regulations, the inspection agency shall return the dossier upon notification to the importing organization or individual and guide them to supplement and perfect it."

"Within three working days from the date of receiving the request for inspection, the inspection agency shall agree with the importing organization or individual on the time and place of inspection."

"c) Amend and supplement point b, Clause 3, Article 6 of Circular No. 44/2012/TT-BGTVT, which has been amended according to Clause 3, Article 6 of Circular No. 42/2018/TT-BGTVT, as follows:"

"b) For vehicles and engines that do not comply with the provisions of this Circular, the inspection agency shall issue a Notification of Non-Conformity with Import Quality Standards in accordance with the corresponding forms attached to this Circular."

"d) Supplement point d, Clause 3, Article 6 of Circular No. 44/2012/TT-BGTVT as follows:"

"d) In case imported vehicles suffer damage during transportation from abroad to Vietnam, the importing entity is permitted to repair the following items: paint scratches or localized oxidation but not rot or perforation; cracked or broken rearview mirrors; cracked or broken lighting and signaling systems; missing relays; non-functioning batteries."

"e) Supplement Clause 4, Article 6 of Circular No. 44/2012/TT-BGTVT as follows:"

"4. For imported vehicles or engines subject to recall as specified in Clause 1, Article 8 of Circular No. 03/2018/TT-BGTVT dated January 10, 2018, issued by the Minister of Transport regarding technical safety and environmental protection inspections for imported automobiles under Decree No. 116/2017/NĐ-CP, the vehicle recall shall be carried out in accordance with Clause 2, Article 8 of Circular No. 03/2018/TT-BGTVT."

Article 10. Effective Date

"1. This Circular shall take effect from February 15, 2024."

"2. Imported electric bicycles; imported motorcycles and imported motorcycle engines arriving at Vietnamese ports or border gates before the effective date of this Circular shall be implemented as follows:"

"a) Imported electric bicycles shall be implemented in accordance with Circular No. 41/2013/TT-BGTVT, Circular No. 19/2014/TT-BGTVT, Circular No. 42/2018/TT-BGTVT, and Circular No. 16/2022/TT-BGTVT;"

"b) Imported motorcycles and imported motorcycle engines shall be implemented in accordance with Circular No. 44/2012/TT-BGTVT, Circular No. 19/2014/TT-BGTVT, and Circular No. 42/2018/TT-BGTVT."

"3. Design appraisal files, product registration files, or certification registration files of motor vehicle types, electric bicycles produced and assembled, and parts used for motor vehicles submitted before the effective date of this Circular shall be implemented as follows:"

"a) Passenger cars produced and assembled under the scope of Decree No. 116/2017/NĐ-CP dated October 17, 2017, of the Government on conditions for production, assembly, import, and warranty and maintenance services for automobiles (hereinafter referred to as Decree No. 116/2017/NĐ-CP), and parts used for passenger cars shall be implemented in accordance with Circular No. 25/2019/TT-BGTVT;"

"b) Passenger cars produced and assembled outside the scope of Decree No. 116/2017/NĐ-CP, trailers, semi-trailers, and parts used for passenger cars shall be implemented in accordance with Circular No. 30/2011/TT-BGTVT, Circular No. 54/2014/TT-BGTVT, and Circular No. 16/2022/TT-BGTVT;"

"c) Motorcycles produced and assembled and parts used for motorcycles shall be implemented in accordance with Circular No. 45/2012/TT-BGTVT, Circular No. 42/2018/TT-BGTVT, and Circular No. 16/2022/TT-BGTVT;"

"d) Four-wheeled cargo vehicles with engines produced and assembled and parts used for four-wheeled cargo vehicles with engines shall be implemented in accordance with Circular No. 16/2014/TT-BGTVT, Circular No. 42/2018/TT-BGTVT, and Circular No. 16/2022/TT-BGTVT;"

"đ) Electric bicycles produced and assembled shall be implemented in accordance with Circular No. 41/2013/TT-BGTVT, Circular No. 19/2014/TT-BGTVT, Circular No. 42/2018/TT-BGTVT, and Circular No. 16/2022/TT-BGTVT;"

"e) Four-wheeled passenger vehicles with engines produced and assembled shall be implemented in accordance with Circular No. 86/2014/TT-BGTVT, Circular No. 42/2018/TT-BGTVT, and Circular No. 16/2022/TT-BGTVT;"

"g) Special purpose vehicles produced and assembled shall be implemented in accordance with Circular No. 89/2015/TT-BGTVT, Circular No. 42/2018/TT-BGTVT, and Circular No. 23/2020/TT-BGTVT."

Article 11. Implementation Organization

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