Circular No. 55/2014/TT-BGTVT amends and supplements certain Articles of Circular No. 31/2011/TT-BGTVT dated April 15, 2011, issued by the Minister of Transport on the inspection of the quality of technical safety and environmental protection for imported motor vehicles.

CIRCULAR

Provincial People's Committees set specific pricesTo amend and supplement some articles of Circular No. 31/2011/TT-BGTVT dated April 15, 2011, issued by the Minister of Transport on technical quality and environmental protection inspection for imported motor vehicles.

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

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

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

Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013, promulgated by the Government, detailing the implementation of the Law on Commerce regarding international trade activities and foreign trade agency activities (hereinafter referred to as Decree No. 187/2013/NĐ-CP);

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport issues this Circular amending and supplementing certain articles of Circular No. 29/2018/TT-BGTVT dated May 14, 2018, issued by the Minister of Transport on quality inspection, technical safety, and environmental protection for railway transportation vehicles, and Circular No. 18/2019/TT-BGTVT dated May 20, 2019, issued by the Minister of Transport guiding the implementation of Decree No. 139/2018/NĐ-CP dated October 8, 2018, of the Government on business operations of vehicle inspection services.

The Minister of Transport hereby issues the Circular amending and supplementing some articles of Circular No. 31/2011/TT-BGTVT dated April 15, 2011, issued by the Minister of Transport on technical quality and environmental protection inspection for imported motor vehicles (hereinafter referred to as Circular No. 31/2011/TT-BGTVT).

Article 1. Amend and supplement some articles of Circular No. 31/2011/TT-BGTVT

"2. Guaranteed electricity consumption (hereinafter referred to as guaranteed consumption) includes:

"2. Motor vehicles of the same type are those motor vehicles of the same industrial owner (manufacturer), same brand (Brand, Trade Mark), same design (Model Code or Type Approval Number), same basic technical parameters, and same country of manufacture."

2. SỬA ĐỔI ĐIỀU 6 NHƯ SAU:

"Article 6. Registration documents for inspection

1. Original Inspection Registration Certificate, clearly stating the frame number, engine number, and year of manufacture of the motor vehicle according to the model prescribed in Appendix I attached hereto.

2. Certified copy of import documents including: Commercial invoice or equivalent documents; Import goods declaration form.

3. Certified copy of documentation introducing features and technical specifications, certified by the importer, which may include the contents specified in Section 2 of Appendix II attached hereto. In case such documentation cannot be provided, it shall be replaced by the Technical Specifications Registration Form for Imported Motor Vehicles established by the importer according to the model prescribed in Appendix II attached hereto.

4. For new motor vehicles, in addition to the documents stipulated in Clauses 1, 2, and 3 of this Article, the importer must submit the following documents:

a) Original Factory Test Report issued by the manufacturer for each motor vehicle, indicating the frame number and engine number, or original Quality Certificate (C/Q) issued by the manufacturer for imported motor vehicles. These documents apply to motor vehicles subject to type approval inspection as stipulated in Clause 1 of Article 7 of this Circular;

b) Certified copy by the importer of one of the exhaust emission documents of the motor vehicle: Exhaust emission test report issued by a competent authority abroad for the motor vehicle type or engine (for heavy trucks), showing the results of the tests prescribed in the corresponding national technical standards; Certificate issued by a competent authority abroad accompanying the corresponding test report confirming that the motor vehicle type or engine (for heavy trucks) meets the current exhaust emission requirements or higher requirements for each type of vehicle and the tests prescribed in the corresponding national technical standards.

c) The requirement for exhaust emission documents stipulated in point b of this clause does not apply to the following subjects: Motor vehicles not participating in public transportation, mainly operating in mining areas, ports, airports, warehouses, factories, tourist and entertainment areas; Motor vehicles imported under special regulations of the Government or Prime Minister; Motor vehicles imported as non-repayable aid or gifts for state agencies or organizations; Motor vehicles imported by entities enjoying privileges and immunities in Vietnam; Used motor vehicles; Motor vehicles with EU type approval; Motor vehicles with types already registered for circulation in G7 countries."

5. For used passenger cars with less than 16 seats, in addition to the documents stipulated in Clauses 1, 2, and 3 of this Article, the importer must also provide a certified copy by the importer of one of the following documents:

a) Vehicle registration certificate or equivalent documents;

b) Circulation certificate;

c) Certificate of cancellation of the vehicle registration certificate or circulation certificate issued by the competent authority of the country where the vehicle was registered for circulation.

d) In cases where the motor vehicle has changed ownership multiple times before being imported into Vietnam and there is insufficient basis to determine the registration date on the vehicle registration certificate or substitute documents, the importer must provide legal evidence showing previous registrations by relevant authorities or specialized organizations managing vehicles in exporting countries.

6. Exemption from submitting the documentation introducing features and technical specifications stipulated in Clause 3 and exhaust emission documents stipulated in point b of Clause 4 of this Article for motor vehicles imported of the same type as those already inspected and issued with a Certificate of Technical Quality and Environmental Protection for Imported Motor Vehicles (hereinafter referred to as Quality Certificate).

7. Documents such as: Import goods declaration form, Technical Specifications Registration Form for Imported Motor Vehicles, exhaust emission documents can be submitted by the importer prior to conducting the vehicle inspection.

3. Amending Article 7 as follows:

"Article 7. Inspection for new motor vehicles

New motor vehicles (including chassis vehicles) are inspected according to the following provisions:

1. Type approval inspection

a) This inspection method applies to new unused motor vehicles produced not more than three years prior to the importation date, having complete documentation as stipulated in Article 6 of this Circular, and meeting one of the following conditions: The motor vehicle has been inspected according to an Agreement or Mutual Recognition Arrangement on standards and conformity that Vietnam has joined and signed; The motor vehicle was manufactured at an overseas production facility which has undergone a Quality Assurance Assessment at the production site (Conformity of Production, hereinafter referred to as COP assessment) as provided for in Clause 4, Article 9 of this Circular and is of the same type as those already certified with a Quality Certificate by the Inspection Authority.

b) Content of inspection: Checking the consistency of the vehicle types reflected in the registration inspection documents against those previously inspected and certified; Inspecting the chassis number and engine number of each imported vehicle of the same type as that reflected in the registration inspection documents.

2. Sample vehicle testing

a) This inspection method applies to new unused motor vehicles falling under one of the following cases: Motor vehicles of types not yet recognized by foreign competent authorities and not yet issued a Quality Certificate by the Inspection Authority; Motor vehicles of types recognized by foreign competent authorities but not yet undergone a COP assessment at the overseas production facility or not yet tested through sample vehicle testing.

b) Content of inspection: Randomly selecting one sample vehicle of each type listed in the registration inspection documents and conducting comprehensive testing (or additional necessary tests for motor vehicles imported from those already certified with a Quality Certificate) in accordance with current regulations and national technical standards and specifications on quality, safety, and environmental protection for motor vehicles, except for mandatory component testing; comparing the actual sample vehicle with the emission test report by inspecting the structure related to emissions of the actual vehicle or through information retrieved from the manufacturer's data used for identifying parts and assemblies of the imported vehicle; inspecting the chassis number and engine number of each imported vehicle of the same type as the sample vehicle.

3. Probability inspection

a) This inspection method applies to new unused motor vehicles falling under one of the following cases: Motor vehicles of types recognized by foreign competent authorities and have undergone a COP assessment at the overseas production facility but not yet issued a Quality Certificate; Motor vehicles of the same type as those already certified with a Quality Certificate but not yet undergone a COP assessment at the overseas production facility; Motor vehicles whose dimensions and basic weight differ from those of the types already certified with a Quality Certificate due to changes in interior equipment (trim level) or exterior decoration (body kit), or changes in cargo box size and volume, within permissible tolerances as specified in National Technical Regulation QCVN 12:2011/BGTVT "National Technical Regulations on Permissible Tolerances and Rounding Off for Dimensions and Weights of Motor Vehicles".

b) Content of inspection: Randomly selecting one sample vehicle of each type listed in the registration inspection documents and conducting general inspections, engine inspections, brake system inspections, suspension system inspections, steering system inspections, electrical equipment inspections, lighting and signaling equipment inspections as stipulated in Article 8 of this Circular; comparing the actual sample vehicle with the emission test report by inspecting the structure related to emissions of the actual vehicle or through manufacturer's retrieval programs used for identifying parts and assemblies of the imported vehicle; inspecting the chassis number and engine number of each imported vehicle of the same type as the sample vehicle.

4. Individual vehicle inspection

a) This method applies to: Motor vehicles not covered by the provisions of Clauses 1, 2, and 3 of this Article; Motor vehicles of the same type as those already certified with a Quality Certificate but produced more than three years before the importation date; Motor vehicles of the same type as those required to be inspected under the methods prescribed in Clauses 1, 2, and 3 of this Article but damaged during transportation or suspected of having their chassis numbers and engine numbers tampered with, erased, or altered; Imported motor vehicles of entities entitled to preferential treatment or exemption in Vietnam; Non-reimbursable aid or gift motor vehicles imported for state agencies and organizations; Motor vehicles imported in accordance with special government or Prime Minister's regulations; Motor vehicles not intended for road traffic, primarily operating in mining areas, ports, airports, warehouses, factories, tourist and entertainment zones; Motor vehicles imported for exhibition purposes; Motor vehicles imported for training and teaching purposes.

b) Content of inspection: Conducting comprehensive inspections, engine inspections, brake system inspections, suspension system inspections, steering system inspections, electrical equipment inspections, lighting and signaling equipment inspections as stipulated in Article 8 of this Circular; Comparing the actual sample vehicle with the emission test report by inspecting the structure related to emissions of the actual vehicle or through manufacturer's retrieval programs used for identifying parts and assemblies of the imported vehicle.

5. Emission testing (excluding evaporative emissions testing)

a) This inspection method applies to motor vehicles without exhaust emission documentation as stipulated in point b, Clause 4, Article 6 of this Circular; Motor vehicles with exhaust emission documentation but the documentation does not reflect compliance with the testing categories, testing methods, and testing results as required by the National Technical Regulation QCVN 05:2009/BGTVT on exhaust emissions from newly manufactured, assembled, and imported automobiles; Motor vehicles with exhaust emission documentation but with structures related to emissions that do not comply with the exhaust emission documentation.

b) Inspection content: Inspect and test one randomly selected sample of each type of vehicle according to the requirements set forth in the National Technical Regulation QCVN 05:2009/BGTVT on exhaust emissions from newly manufactured, assembled, and imported automobiles. The exhaust emission inspection (excluding vaporization tests) shall be conducted at the Vehicle Emission Testing Center under the Vietnam Registration Agency or at testing facilities that meet current national technical standards and regulations for exhaust emission testing.

4. Amend point a, Clause 1, point a, Clause 4, and point b, Clause 7, Article 8 as follows:

a) Amend Point a, Clause 1, Article 8 as follows:

“a) Imported motor vehicles must have engine numbers (except for trailers and semi-trailers), chassis numbers, or VINs (if available) and they must not be erased, altered, or resealed.”

b) Amend point a, Clause 4, Article 8 as follows:

“a) Correct type or equivalent power rating. The engine power for every one ton of the vehicle's total permissible traffic weight must be at least 7.35 kW (this requirement does not apply to special-purpose vehicles, electric vehicles, and vehicles with a total permissible traffic weight of 30 tons or more). In cases where the engine power for every one ton of the vehicle's total weight does not meet the requirements, the Inspection Authority will adjust the load capacity and the total permissible traffic weight of the vehicle to comply with the regulations.”

c) Amend point b, Clause 7, Article 8 as follows:

“b) Steering wheel: positioned on the left side of the vehicle (except for types of motor vehicles with right-hand steering wheels operating in narrow areas and not participating in road traffic such as cranes; street sweeping and watering vehicles; garbage and household waste transport vehicles; road construction vehicles; airport passenger transport vehicles; concrete pump trucks), correct type, no cracks or breaks; the steering angle play must satisfy the requirement: the displacement of a point on the steering wheel rim must not exceed one-fifth of the steering wheel rim diameter.”

5. Add point d, Clause 1, Article 9 as follows:

“d) In cases where motor vehicles belong to the following categories: used truck chassis (including new chassis with used engines or used chassis with new engines); used ambulance vehicles; used vehicles over five years old, calculated from the year of manufacture to the year of import; used vehicles that have been modified to change their original function; vehicles with erased, altered, or resealed chassis numbers, engine numbers, or VINs (if available); motor vehicles with steering wheels not positioned on the left side, the Inspection Authority will suspend the import inspection procedures, issue a quality and technical safety certification, and environmental protection certificate, and record the violation status of the imported motor vehicle according to the model prescribed in Appendix VI issued together with this Circular. Within three working days from the date of the violation conclusion, the Inspection Authority is responsible for notifying in writing the importing organization or individual and the Customs Authority (where the import procedures are handled) to resolve the matter according to the regulations.”

"2. Determination of actual costs for implementing the maintenance of maritime works according to Circular No. 03/2017/TT-BXD dated March 16, 2017 of the Ministry of Construction on determining the cost of maintaining construction works and current laws, including preparation costs; implementation costs; construction costs and adjustment of economic-technical norms serving the maintenance of maritime works."

“2. The Certificate of Quality or Notification of Exemption from Inspection for imported motor vehicles (original or electronic version) is used to process initial technical safety inspection procedures, vehicle registration, and import procedures when requested by the competent authority.”

7. Amend point c and point g, Clause 3, Article 9 as follows:

a) Amend point c, Clause 3, Article 9 as follows:

“c) In cases where specialized motor vehicles have larger dimensions and weights than specified, they may be inspected for importation provided that the quality certificate notes: This vehicle is only allowed to operate within a limited area and must obtain permission from the competent road management authority when participating in road traffic. For motor vehicles that are not intended for road traffic or specialized equipment with right-hand steering wheels operating in narrow areas permitted for importation as stipulated in Item 6, Part II, Appendix I issued together with Decree No. 187/2013/NĐ-CP, they may be inspected for importation, but the quality certificate must state: This vehicle is not permitted to participate in road traffic.”

b) Amend point g, Clause 3, Article 9 as follows:

“g) In cases where there are multiple chassis numbers or engine numbers on the vehicle that are not erased, altered, or resealed, the Inspection Authority will record the specific condition of the chassis number or engine number in the vehicle's quality certificate. If there are doubts about the condition of the chassis number or engine number of the vehicle, the Inspection Authority will request an appraisal from a specialized appraisal agency to handle the situation specifically.”

8. Add point i and point k, Clause 3, Article 9 as follows:

“i) In cases where unused motor vehicles are tested through the prototype testing method or individually tested but fail to meet the requirements for the following items as prescribed, the importing organization or individual is allowed to rectify them for the Inspection Authority to retest: exhaust pipe direction; vehicle guardrails; trailer chassis supports; rear signal light arrangement (except for passenger-carrying vehicles); seat cushion height; number of emergency door breaking hammers and instructions; cargo box size and volume.”

k) Handling cases that occur during the verification process of structures related to vehicle emissions: In the case where imported motor vehicles or their engines have emission documentation issued by authorized foreign agencies but the actual emission-related structure of the vehicle cannot be verified, the Inspection Authority shall decide on sampling for emission testing; In the case where imported motor vehicles or their engines have emission test reports issued by domestic emission testing facilities but the actual emission-related structure of the vehicle cannot be verified, certificates of quality shall be issued for vehicles of the same type and batch as those mentioned in the emission test report. For subsequent imports, if the emission-related structure still cannot be verified, the Inspection Authority shall decide on sampling for emission testing on a per-batch basis; Imported vehicles of the same model with identical emission identification information (for example, the same "Test group" for vehicles imported from the United States, the same approval number for vehicles imported from the European Union) or the same model and "Model code" (for light vehicles) or the same "Engine code" (for heavy vehicles) as those previously tested domestically or whose emission-related structures were verified shall not undergo verification of emission-related structures.

9. Supplement Clause 4 of Article 9 as follows:

“4. The evaluation of COP at overseas production facilities shall be conducted for unused motor vehicles according to the following methods and contents:

a) The initial evaluation shall be based on the ISO/TS 16949 standard "Specific requirements for the quality management system of motor vehicle manufacturing and assembly enterprises and motor vehicle parts." The initial evaluation content includes: Reviewing and evaluating the production and assembly technology processes and product quality inspection processes; regulations on storage and control of quality records; reviewing and evaluating personnel serving production, assembly, and product quality inspection; equipment for outgoing product quality inspection; reviewing and evaluating the operation of the quality control system during production and assembly processes, outgoing product quality inspection, and market release. Exemption from COP evaluation in the following cases: The actual product types being inspected are produced according to similar or unchanged technological and inspection processes compared to those of previously evaluated product types; Import organizations provide documentation showing valid COP assessment results (in accordance with ECE, EC regulations) performed by authorized foreign agencies or independent organizations recognized by foreign authorities at overseas production facilities.

b) An ad hoc evaluation shall be carried out when there are complaints about product quality or when the Inspection Authority has evidence that imported vehicles do not meet relevant technical safety and environmental protection regulations.”

10. Amend Point b of Clause 1 of Article 10 as follows:

“b) After receiving the registration application for inspection, the Inspection Authority shall review and compare the registration application with current regulations and handle it as follows: If the registration application for inspection is not compliant, the Inspection Authority shall guide import organizations to supplement and complete the application on the same working day. If the registration application for inspection complies with the provisions of Article 6 of this Circular, the Inspection Authority shall confirm on the Registration Application for Inspection.”

11. Amend Clause 1 and Clause 2 of Article 12 as follows:

“1. Be responsible for the following contents: The truthfulness and accuracy of the provided documents and materials to the Inspection Authority; transferring test samples to the Testing Facility as required by the Inspection Authority; cooperating with the Inspection Authority during the technical safety and environmental protection inspection process or conducting COP assessment at overseas production facilities.

2. Ensure that imported motor vehicles remain in their original condition for the Inspection Authority to conduct inspections; ensure that subsequent imported motor vehicles of the same type as the previously certified typical models comply with national technical standards and match the registration application for inspection.”

12. Amend Clause 3 of Article 13 as follows:

“3. Develop operational guidelines for inspecting the technical safety and environmental protection of imported motor vehicles and use technical operational measures to determine the condition of motor vehicles during the inspection process.”

13. Amend and supplement some Appendices of Circular No. 31/2011/TT-BGTVT as follows:

a) Amend Appendices I, II, III, IV, and Appendix V of Circular No. 31/2011/TT-BGTVT with Appendices I, II, III, IV, and Appendix V respectively issued along with this Circular.

b) Supplement Appendix VI to Circular No. 31/2011/TT-BGTVT with Appendix VI issued along with this Circular.

Article 2. Transitional Provisions

1. Quality certificates issued according to Circular No. 31/2011/TT-BGTVT for imported vehicles arriving at Vietnamese ports or border gates before December 31, 2014, will still be valid for use in initial technical safety inspections, vehicle registration, and import procedures upon request of authorized agencies.

2. The COP assessment at overseas production facilities as stipulated in Clause 4 of Article 9 of this Circular shall be implemented according to the following schedule:

a) Starting from July 1, 2015, for motor vehicle types that have not been granted a Quality Certificate by the Inspection Authority.

b) Starting from January 1, 2016, for motor vehicle types that have already been granted a Quality Certificate by the Inspection Authority.

Article 3. Effectiveness and Implementation

1. This Circular takes effect from December 15, 2014.

2. 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, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular.