Circular No. 55/2024/TT-BGTVT stipulates the procedures and formalities for certifying the quality, technical safety, and environmental protection of motor vehicles, specialized motorcycles, and motor vehicle spare parts during production and assembly.

CIRCULAR

Regulations on the procedures and formalities for certifying the technical safety quality and environmental protection of motor vehicles, specialized motorcycles, and motor vehicle parts in production and assembly.

and specialized motorcycles,

motor vehicle parts in production and assembly.

Pursuant to the Road Traffic Safety Law No. 36/2024/QH15 dated June 27, 2024;

Pursuant to the Product Quality Law No. 05/2007/QH12 dated November 21, 2007; Law No. 35/2018/QH14 dated November 20, 2018 amending and supplementing certain articles of 37 related laws concerning planning;

Pursuant to the Law on Energy Efficiency and Rational Use No. 50/2010/QH12 dated June 17, 2010; Law No. 28/2018/QH14 dated June 15, 2018 amending and supplementing certain articles of 11 related laws concerning planning;

Pursuant to Decree No.Decision No. 116/2017/NĐ-CP dated October 17, 2017 of the Government stipulating conditions for production, assembly, importation, and warranty and maintenance services for automobiles; Decision No. 17/2020/NĐ-CP dated February 5, 2020 of the Government amending and supplementing certain articles of relevant Decrees concerning investment and business conditions under the management of the Ministry of Industry and Trade;

Pursuant to Decision No. 04/2017/QĐ-TTg dated March 9, 2017 of the Prime Minister stipulating the list of equipment and devices required to be labeled with energy efficiency labels, applying minimum energy performance standards and implementation timelines;

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

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

The Minister of Transport hereby issues this Circular stipulating the procedures and formalities for certifying the technical safety quality and environmental protection of motor vehicles, specialized motorcycles, and motor vehicle parts in production and assembly.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates the procedures and formalities for certifying the technical safety quality and environmental protection of motor vehicles, specialized motorcycles, and motor vehicle parts in production and assembly.

2. This Circular does not apply to:

a) Motor vehicles, specialized motorcycles, and motor vehicle parts under the management of the Ministry of National Defense and the Ministry of Public Security;

b) Motor vehicles, specialized motorcycles, and motor vehicle parts used for scientific research, production-related research, display, and introduction at trade fairs and exhibitions.

Article 2. Applicability

This Circular applies to organizations and individuals involved in the procedures for certifying the technical safety quality and environmental protection of motor vehicles, specialized motorcycles, and motor vehicle parts in production and assembly.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Main assembly means engines, frames, driver's cabins, bodies, or cargo compartments or special-purpose equipment installed on motor vehicles and specialized motorcycles.

2. System" means power transmission systems, drive systems, suspension systems, braking systems, steering systems, fuel systems, electrical systems, energy storage systems supplying power to the drive system, lighting and signaling systems.

3. Parts means assemblies, systems, clusters of components, and individual components of motor vehicles and specialized motorcycles.

4. Motor vehicles and specialized motorcycles (hereinafter referred to as vehicles) are vehicles produced and assembled from new parts, chassis including the following types of vehicles:

a) Types of vehicles specified in the Circular of the Minister of Transport on the classification of road traffic means and identification marks for motor vehicles using clean, green energy and environmentally friendly energy;

b) Semi-trailers defined in Clause 2, Article 3 of Decision No. 116/2017/NĐ-CP dated October 17, 2017 of the Government stipulating conditions for production, assembly, importation, and warranty and maintenance services for automobiles.

5. Chassis means new vehicles including semi-trailers without driver's cabins, semi-trailers with driver's cabins, complete motor vehicles, and complete specialized motorcycles that have been certified for technical safety quality and environmental protection in production and assembly or imported according to regulations of the Minister of Transport, not yet registered for the first time according to regulations of the Minister of Public Security, and used for production and assembly into other vehicles.

6. Production and Assembly of Vehicles: is the process of creating complete vehicles, semi-trailers with driver's cabins, and semi-trailers without driver's cabins (frames with engines attached) from components, clusters of components, parts, assemblies, and systems; is the process of creating complete vehicles from chassis or semi-trailers with driver's cabins from semi-trailers without driver's cabins.

7. Product is parts or vehicles.

8. products of the same type are products with similar characteristics determined according to the provisions in Appendix I issued together with this Circular.

9. Typical sample is a sample product selected for inspection, testing according to the provisions of this Circular and national technical regulations.

10. type approval for products is the process of inspecting, testing, evaluating, and certifying the technical safety quality and environmental protection of a type of product against national technical regulations.

11. Fuel consumption of motor vehicles is the amount of fuel or electricity consumed by motor vehicles over a specific distance under defined test conditions and cycles.

12. Energy label of motor vehicles (hereinafter referred to as energy label) is a label providing information related to the type of energy used, fuel consumption, and type of motor vehicle.

13. Production facility is one of the following organizations:

a) An organization engaged in the production and assembly of parts holding a Business Registration Certificate or Enterprise Registration Certificate or Investment Certificate in accordance with the law;

b) An organization engaged in the production and assembly of automobile types holding a Certificate of Eligibility for Automobile Production and Assembly in accordance with Decision No. 116/2017/NĐ-CP dated October 17, 2017 of the Government stipulating conditions for production, assembly, importation, and warranty and maintenance services for automobiles and Decision No. 17/2020/NĐ-CP dated February 5, 2020 of the Government amending and supplementing certain articles of relevant Decrees concerning investment and business conditions under the management of the Ministry of Industry and Trade;

c) An organization engaged in the production and assembly of various types of vehicles (excluding organizations specified in point b of this clause) holding a Business Registration Certificate or Enterprise Registration Certificate or Investment Certificate in accordance with the law.

14. Vehicle sales enterprises are organizations and individuals engaged in selling and distributing vehicles to the market established in accordance with the law.

15. Competent certification authority (hereinafter referred to as Certification Authority) is the Vietnam Vehicle Inspection Agency.

16. testing facility is an organization established in accordance with the provisions of the law and recognized and designated by the Vietnam Vehicle Inspection Agency to conduct vehicle inspection and testing, as well as parts testing.

17. Report on the inspection and testing of vehicle technical safety and environmental quality (hereinafter referred to as the Vehicle Safety Testing Report) is the result of inspecting and testing typical samples of the testing facility in accordance with this Circular and national technical regulations for vehicle types.

18. Exhaust emission testing report is the result of exhaust emission testing of typical samples conducted by the testing facility in accordance with this Circular and national technical regulations on vehicle emissions.

19. Parts testing report is the result of testing typical samples conducted by the testing facility in accordance with national technical regulations for part types.

20. Fuel consumption testing report is the result of testing typical samples of fuel consumption conducted by the testing facility in accordance with this Circular and national technical regulations for motor vehicle types.

21. Defective product is a product that has errors in its design, manufacture, or assembly process which may pose a danger to the life and property of users as well as have adverse effects on community safety and the environment.

22. Recall is the action taken by the production facility to address defective products resulting from design, manufacturing, production, or assembly processes that have been supplied to the market in order to mitigate and prevent potential hazards.

23. Year of vehicle production is the year according to the Gregorian calendar when the vehicle frame number is established and affixed to the vehicle frame or body. For vehicles produced and assembled from chassis, the year of production is based on the first year of production of the chassis.

24. Risk management is the certification authority's application of business practices to assess and classify the risk level of production facilities and apply appropriate management measures during vehicle and part production and assembly.

Chapter II

REGULATIONS ON THE PROCEDURE AND PROCEDURES FOR ISSUING QUALITY CERTIFICATES

QUALITY TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION OF MOTOR VEHICLES

EQUIPMENT, XESPECIALIZED MACHINERY, MOTOR VEHICLE PARTS

Article 4. Testing of Typical Samples

1. The production facility prepares typical samples, technical documentation, and other related materials to register for testing typical samples of product types subject to inspection and testing as prescribed in Appendix II issued together with this Circular or to register for fuel consumption testing of motor vehicles. The production facility may choose to independently test fuel consumption of vehicles or combine it with exhaust emission testing.

2. The testing facility conducts inspections and tests of typical samples; establishes and issues one of the following testing reports: Vehicle Safety Testing Report; Exhaust Emission Testing Report; Parts Testing Report; Fuel Consumption Testing Report. The testing report is valid for use within a period of 36 months from the date of signature to register for quality certification of vehicle types or motor vehicle parts.

Article 5. Application Documents for Quality Certification

1. Application documents for quality certification of part types subject to the provisions of Appendix II issued together with this Circular include:

a) A request form for issuance of a Quality Certificate for part types as prescribed in Appendix XII issued together with this Circular;

b) Information sheet showing the characteristic technical parameters of part types;

c) Copy of the Parts Testing Report accompanied by copies of technical drawings showing the characteristic parameters of parts;

d) Overall photographs of parts; description of symbols, characters, and serial numbers on parts;

đ) List of parts used for production and assembly for parts that are engines used in motorcycles, motorbikes, four-wheeled cargo vehicles with engines as prescribed in Appendix VI issued together with this Circular;

e) Results of quality assurance assessment of part types at the production facility or results of quality assurance assessment of similar part types if there is no need to reassess quality assurance for the production facility that has already been assessed.

2. Application documents for quality certification of vehicle types include:

a) A request form for issuance of a Quality Certificate for vehicle types as prescribed in Appendix XII issued together with this Circular;

b) Information sheet according to the model prescribed in Appendix III issued together with this Circular for vehicle types produced and assembled;

c) Copy of the Vehicle Safety Testing Report accompanied by copies of technical drawings as prescribed in Appendix IV issued together with this Circular when registering for inspection and testing;

d) Copy of the Exhaust Emission Testing Report accompanied by copies of information materials on vehicle types when registering for exhaust emission testing;

đ) Copy of the Fuel Consumption Testing Report accompanied by copies of materials when registering for fuel consumption testing;

e) Statistical list of domestically produced and imported parts used for vehicle production and assembly as prescribed in Appendix V issued together with this Circular;

g) Copy of valid documents for parts subject to the provisions of Appendix II issued together with this Circular used for vehicle assembly;

h) Overall photographs of vehicles, photographs of special equipment;

i) Copy of the description of the method and location of vehicle frame and engine number stamping;

k) Results of quality assurance assessment of vehicle types at the production facility or results of quality assurance assessment of similar vehicle types if there is no need to reassess quality assurance for the production facility that has already been assessed.

3. Each of the documents specified in point g clause 2 of this Article for each part type is one of the following documents:

a) Quality Certificate for part types for technical safety and environmental protection.

b) Notification exempting from quality safety technical inspection and environmental protection inspection for imported automobile spare parts in accordance with Decree No. 60/2023/NĐ-CP dated August 16, 2023 of the Government on the inspection and certification of the quality, safety technical standards, and environmental protection of imported automobiles and imported spare parts under international treaties to which Vietnam is a member (hereinafter referred to as the Notification Exempting Inspection for Spare Parts);

c) A copy of the confirmation document issued by the foreign spare part manufacturer accompanied by documentation of the certification results regarding the quality conformity of imported automobile spare parts models according to agreements from countries and territories with which Vietnam has mutual recognition agreements in the field of vehicle certification;

d) A copy of the confirmation document issued by the legitimate representative of the foreign spare part manufacturer in Vietnam accompanied by a copy of the Certificate of Model Type Approval for spare parts used in the production and assembly of vehicles subject to Decree No. 116/2017/NĐ-CP dated October 17, 2017 (hereinafter referred to as Decree No. 116/2017/NĐ-CP), issued by the Certification Authority;

4. Documents that are exempted from submission in the application dossier for model type quality certification:

a) Emission test report for vehicle models produced and assembled from chassis without changing the emission system of the certified chassis; or vehicle models not subject to exhaust emission standards;

b) Fuel consumption test report for vehicle types not subject to national technical regulations on fuel consumption or vehicles produced from certified chassis; The emission test report includes the fuel consumption test results;

c) Documentation specified in point g clause 2 of this Article for spare parts that the Certification Authority issues a Quality Certification or Notification Exempting Inspection for Spare Parts;

d) A copy of the description of the method and location of chassis number and engine number stamping as specified in point i clause 2 of this Article for vehicle models produced and assembled from chassis;

5. Substitutable documents in the application dossier for model type quality certification:

a) Substitutable document for the Emission Test Report: a copy of the testing facility's document confirming the exhaust emission conformity of the vehicle model meeting the expanded recognition requirements for exhaust emissions compared to certified models or a copy of the testing facility's document confirming the conformity of the produced and assembled vehicle model with the Emission Test Report under the cases stipulated in Appendix XVI attached hereto;

b) Substitutable document for the Fuel Consumption Test Report: a copy of the testing facility's document confirming the conformity of the vehicle model with the certified model under national technical regulations on fuel consumption or a copy of the testing facility's document confirming the conformity of the vehicle model meeting the expanded recognition conditions for exhaust emission test results of certified models or a copy of the testing facility's document confirming the conformity of the produced and assembled vehicle model with the Fuel Consumption Test Report under the cases stipulated in Appendix XVI attached hereto;

6. When submitting the application dossier through the online public service system, the components of the application dossier prescribed in clause 1 or clause 2 of this Article shall be replaced by electronic information forms and electronic documents.

Article 6. Ensuring product quality in production and assembly

1. Production facilities establish a quality management system to control quality during the production, assembly, and shipment of products in accordance with national technical regulations and standards.

2. Certification agencies conduct evaluations of product quality assurance (referred to as COP assessment) including the following methods:

a) Initial assessment is carried out when issuing a Certificate of Technical Safety and Environmental Protection for new product types at production facilities.

Content of the assessment: review documents related to business registration, location, and rights to use factory premises; assess the quality management system at the production facility to ensure and maintain product quality consistency, including documentation on: component and raw material input quality control; production, assembly, and quality inspection at each stage; final product quality inspection; non-conformity control and corrective/preventive actions for product errors; maintenance of production equipment and calibration of quality inspection equipment; warranty and recall of products; management and use of Quality Inspection Certificates; storage of product quality inspection records; traceability of spare parts and products; actual operation assessment of the quality management system during production, assembly, and final quality inspection; evaluation of quality inspection staff's expertise.

For new product types produced by production facilities that have been subject to COP assessment but where there are changes in production technology, assembly, and inspection processes compared to previously assessed product types, only the changed contents will be evaluated.

b) Periodic assessments are conducted according to the cycle specified in Appendix XI issued along with this Circular.

Content of the assessment: review documents related to business registration and rights to use factory premises (if there are changes from the previous assessment period); assess the maintenance of the quality management system; actual operation assessment of the quality management system during production, assembly, and final quality inspection; evaluation of quality inspection staff's expertise.

The assessment of contents such as maintaining product quality assurance at production facilities; storing product quality inspection records and ensuring product conformity with registered quality criteria; managing and using Quality Inspection Certificates is conducted through random checks. The scope of inspection and assessment may be expanded if inconsistencies are detected during the assessment process.

c) Unscheduled assessments are conducted when complaints or reports indicate that quality assurance is not maintained, quality inspections are not performed, or shipped products do not meet quality requirements, are inconsistent with registered certification files and typical samples of certified product types, or incorrect use and issuance of Quality Inspection Certificates.

Content of the assessment: evaluate relevant items concerning the report and expand the assessment content if other related assessment items are found to be non-compliant.

d) Supplementary assessments are conducted when there are changes to the quality management system, production stages, inspection stages, factory layout, or final quality inspection equipment affecting product quality assurance compared to the previous assessment.

Content of the assessment: evaluate relevant items concerning the changed contents.

3. Production facilities may request COP assessment before or after submitting application files for product type quality certification or before periodic assessment; for periodic assessment, re-assessment must be completed no more than three months prior to the required assessment date. If there are non-compliant contents that need to be rectified, the production facility must address them within no more than three months from the date of notification of non-compliance; if the deadline is exceeded without rectification, the certification agency will halt the assessment and record the COP assessment result as non-compliant. Upon compliance, the COP assessment result and the timing of the next assessment period will be notified in writing or by appropriate means to the production facility. The timing of the next assessment period will be determined based on risk management in product quality control as stipulated in Article 14 and Appendix XI issued along with this Circular.

4. The start date of the assessment period is determined as follows:

a) For initial assessment: from the date the COP assessment is successfully completed.

b) For periodic assessment: if the production facility requests periodic assessment before the re-assessment date announced in the previous period and the assessment result is compliant, the start date of the next assessment period will be the re-assessment date announced in the previous period; if the assessment result includes any of the following non-compliances: products do not meet requirements, are inconsistent with certified product types; final product inspections are not conducted; quality inspection technicians do not follow final inspection guidelines; final inspection equipment does not operate normally or accurately; incorrect use and issuance of certificates for certified vehicle types, then the previous COP assessment result is invalid. After the production facility rectifies the non-compliances, the start date of the next assessment period will be the re-assessment date announced in the previous period.

In the case where a production facility requests periodic assessment after the date of the re-evaluation of the COP announced in the previous period, the starting point for the assessment will be calculated from the end date of the last successful periodic assessment.

c) For the case of the first evaluation of a new product type produced by a production facility that has already been evaluated for COP or for supplementary evaluations: the start date of the next evaluation period will follow the time announced in the previous period.

5. There shall be no re-evaluation of COP (exemption from COP evaluation) when the product types being manufactured or assembled follow a technological process and inspection procedure that is similar or simpler than those of previously evaluated product types.

Article 7. Certification of Technical Safety and Environmental Protection for Product Types

The production facility shall prepare one set of registration documents for certification of quality corresponding to the product type as stipulated in Article 5 of this Circular and submit it to the Certification Authority to implement the examination and issuance of the technical safety and environmental protection certification for product types (hereinafter referred to as product type certification) according to the following procedures and methods:

1. The production facility shall submit the application directly, through postal services, or online via the National Public Service Portal or the Ministry of Transport's Public Service Portal (collectively referred to as the online public service system) to the Certification Authority.

2. The Certification Authority shall receive and review the application components. If the application components are incomplete as required, the Certification Authority shall return the application on the same working day for direct submissions or within two working days from the date of receipt for other submission methods, and notify the reasons for the production facility to complete the application. If the application is complete as required, the Certification Authority shall conduct a review and assessment of the application.

3. The Certification Authority shall conduct a review of the COP results and examine the application contents within seven working days from the date of receiving a complete application and upon the production facility having paid all service fees and charges as prescribed.

a) If the COP results and the application review meet the requirements, the Certification Authority shall issue the product type certification.

b) If the application contains unsuitable content or lacks COP results or if there are COP results but they do not match the product type, the Certification Authority shall notify the production facility to supplement and perfect the application. In cases where there are no COP results or the COP results do not match the product type, the production facility shall agree on the time for the Certification Authority to conduct the COP evaluation as prescribed. The production facility is responsible for perfecting the unsuitable application content notified and resubmitting it to the Certification Authority. The processing time will be recalculated from the beginning after receiving the supplemented and perfected application from the production facility.

The production facility is permitted to supplement and perfect the unsuitable content of the application within a maximum period of three months from the initial notification date. Beyond this three-month period, the Certification Authority will cease the review and evaluation of the application and COP, and notify in writing or through the online public service system about the non-issuance of the product type certification.

4. The Certification Authority shall issue the product type certification within three working days from the date the COP evaluation results and the application review meet the requirements. The Certificate of Technical Safety and Environmental Protection for Product Types (hereinafter referred to as the Product Type Certificate) issued shall be valid for thirty-six months from the date of issuance. The issuance of the product type certification is regulated as follows:

a) The Certificate of Technical Safety and Environmental Protection for Vehicle Types (Vehicle Type Certificate) according to the model prescribed in Appendix IX attached to this Circular; the blank Quality Control Exit Inspection Report according to the model prescribed in Appendix VII attached to this Circular;

b) The Certificate of Technical Safety and Environmental Protection for Spare Part Types (Spare Part Type Certificate) according to the model prescribed in Appendix X attached to this Circular.

5. The production facility shall receive the results of the technical safety and environmental protection certification for product types directly at the Certification Authority's office or through postal services for paper-based certifications; or through the online public service system for electronic certifications.

Article 8. Reissue of the Product Type Certificate

1. The certificate shall be reissued in the following cases: loss, damage; expiration of validity; change of information, name, and address of the production facility on the certificate; change of national technical regulations applicable to the product; change of trademark or trade name of the product certified (still valid) related to intellectual property rights; change in fuel consumption levels for motor vehicle types that have been certified.

2. The reissue application shall include the following documents:

a) In the case of reissuing the certificate due to loss, damage, or change of information, name, and address of the production facility on the certificate: documents specified in Point a and Clause e, Clause 1, Article 5 for spare parts or documents specified in Point a and Clause k, Clause 2, Article 5 of this Circular for vehicles; relevant documents for the case of changing information, name, and address of the production facility.

b) In the case of reissuing the certificate due to expiration of validity: documents specified in Clause 1 or Clause 2, Article 5 of this Circular. Documents need not be submitted again if there are no changes compared to the documents already submitted in the application for the previously certified product type.

c) In the case of reissuing the Certificate due to changes in the energy consumption level or technical standards and regulations applicable to the product, or changes in the brand name or trade name of the product related to intellectual property rights: the documents specified in Clause 1 or Clause 2 of Article 5 of this Circular; relevant documents for cases involving changes in brand name or trade name. No submission of documents is required if there are no changes compared to the documents already submitted in the application file for the previously certified vehicle type.

3. Procedures for implementation:

a) The production facility shall prepare 01 set of documents in accordance with the provisions of Clause 2 of this Article corresponding to each case and submit the documents directly, through postal services, or via the online public service system to the Certification Authority;

b) The Certification Authority shall accept and review the components of the application file. If the application file is incomplete according to the regulations, the Certification Authority shall return the file on the same working day for direct submissions or within two working days from the date of receipt for other submission methods, and notify the reasons for the production facility to complete the file. If the application file meets the requirements, the Certification Authority shall conduct a review and evaluation of the file;

c) The Certification Authority shall perform an assessment result check of COP and review the content of the application file within five working days for cases of reissuing the Certificate (paper version) due to loss or damage, or within seven working days for other reissuance cases from the date of receipt of the application file and when the production facility has paid all service fees and charges;

If the COP results and the application file review results meet the requirements, the Certification Authority shall issue the Certificate in accordance with the regulations;

If the application file contains inappropriate content or the COP results do not meet the requirements, the Certification Authority shall notify the production facility to supplement and complete the application file; in cases where the COP results do not meet the requirements, the production facility shall agree on a time for the Certification Authority to conduct the COP assessment in accordance with the regulations. The production facility is responsible for completing the inappropriate content of the application file and resubmitting it to the Certification Authority. The processing period will be recalculated from the date all supplementary and completed documents are received;

The production facility is permitted to supplement and complete the inappropriate contents of the application file within a maximum period of three months from the date of the first notification. Beyond this three-month period, the Certification Authority will cease the examination and evaluation of the application file and COP assessment, and notify in writing or via the online public service system that the Certificate will not be issued;

d) The Certification Authority shall issue the Certificate within three working days from the date of obtaining the COP assessment results and the application file review results meeting the requirements. The Certificate shall be issued in accordance with the model specified in Appendix IX or Appendix X attached to this Circular. The validity period of the reissued Certificate due to expiration shall be valid for thirty-six months from the issuance date. The validity period of the reissued Certificate due to changes in national technical standards shall be valid for thirty-six months from the issuance date if full compliance testing is conducted according to all applicable national technical standards for the vehicle type. The validity period of the reissued Certificate for other reissuance cases shall be based on the validity period of the previously issued Certificate;

đ) The production facility shall collect the Certificate directly at the Certification Authority's office, through postal services, or via the online public service system (if the application was submitted via the online public service system);

In cases of reissuing the Certificate due to expiration, the Certification Authority shall randomly select samples from the batch of products that have been manufactured, assembled, and passed the final inspection for testing and inspection when the production facility requests to continue manufacturing and assembling. The number of products for sampling from vehicles produced and assembled from chassis, special purpose vehicles, and motorcycles for special purposes shall not be less than the number of samples needed for testing and inspection. Sampling may be carried out before submitting the application and within six months from the expiration date of the Certificate;

4. When submitting the application file via the online public service system, the components of the application file specified in Clause 2 of this Article shall be replaced by electronic information forms and electronic documents.

Article 9. Issuance of Extended Product Type Approval Certificate

1. The issuance of an extended product type approval certificate for vehicles or vehicle parts (hereinafter referred to as the extended certificate) shall be carried out when there is a change in the approved product type but still meets the requirements for products of the same type and falls within one of the cases specified in Section 2 Part I for motor vehicles or vehicle parts or Section 2 Part II for special-purpose motorcycles as stipulated in Appendix I issued together with this Circular, or changes the identification of the product or changes the information printed on the previously issued product type approval certificate.

2. Documents required for issuing an extended certificate include:

a) Documents prescribed in Clause 1 or Clause 2 of Article 5 of this Circular. Documents that have not changed compared to those already submitted in the application file for the previously approved product type are exempted from submission.

b) Documents related to the changes in the product.

3. Procedures for implementation:

a) The production entity shall prepare one set of documents in accordance with the provisions of Clause 2 of this Article and submit the documents directly or through the postal service or online public service system to the Certification Authority.

b) The Certification Authority shall examine and accept the documents and check the completeness of the file. In case the file is incomplete according to the regulations, the Certification Authority shall return the file on the same working day for direct submissions or within two working days from the date of acceptance for other submission methods and notify the reasons for the production entity to complete the file again. If the file is complete according to the regulations, the Certification Authority shall conduct an examination and evaluation of the file.

c) The Certification Authority shall inspect the results of the COP assessment and review the contents of the file within seven working days from the date of receipt of the file and the production entity has paid all service fees and registration fees.

If the COP results and the file meet the requirements, the Certification Authority shall issue the certificate in accordance with the regulations.

If the file contains inappropriate content or the COP results do not meet the requirements, the Certification Authority shall notify the production entity to supplement and complete the file. In case the COP results do not meet the requirements, the production entity and the Certification Authority shall agree on a time for the Certification Authority to conduct the COP assessment in accordance with the regulations. The production entity is responsible for completing the content of the file that has been notified as inappropriate and resubmit it to the Certification Authority. The processing time will be recalculated from the start after receiving the completed supplementary file from the production entity.

The production facility is permitted to supplement and complete the inappropriate contents of the application file within a maximum period of three months from the date of the first notification. Beyond this three-month period, the Certification Authority will cease the examination and evaluation of the application file and COP assessment, and notify in writing or via the online public service system that the Certificate will not be issued;

d) The Certification Authority shall issue the extended certificate within three working days from the date of the COP assessment results and the file meeting the requirements. The certificate shall be issued in accordance with the form prescribed in Appendix IX or Appendix X issued together with this Circular. The validity period of the extended certificate shall be the same as that of the previous product type approval certificate before the change.

đ) The production facility shall collect the Certificate directly at the Certification Authority's office, through postal services, or via the online public service system (if the application was submitted via the online public service system);

4. When submitting the application file via the online public service system, the components of the application file specified in Clause 2 of this Article shall be replaced by electronic information forms and electronic documents.

Article 10. Supplementing the Registration File for Certified Products Already Issued a Product Type Approval Certificate

1. Supplementing the registration file for certified products shall be carried out when there is a change in the approved product type but does not alter the product type according to the provisions of Appendix I issued together with this Circular, meets the requirements for products of the same type under national technical standards, and does not fall within the cases specified in Clause 1 of Article 9 of this Circular or belongs to the case of supplementing the testing results of the applicable items of national technical standards according to the implementation schedule that has been issued.

2. The supplementary file includes the following documents:

a) Documents prescribed in Clause 1 or Clause 2 of Article 5 of this Circular. Documents that have not changed compared to those already submitted in the application file for the previously approved product type are exempted from submission.

b) Documents related to the changes and supplements to the product.

3. Testing and providing test reports are exempted for products that undergo changes or supplements in the following cases: changes in convenience and aesthetics, changes in characters on the product without altering technical parameters, which do not affect the technical safety and environmental protection of the product type used as the basis for issuing the product type approval certificate and still meet the requirements for products of the same type stipulated in Appendix I issued together with this Circular and the requirements for products of the same type under national technical standards; supplementing imported spare parts of the same type that have been issued a certificate for the import batch due to not having undergone COP assessment (with the same information and technical parameters as on the certificate and in the test report) used for manufacturing or assembling the product type; supplementing spare parts of the same type that have been issued a certificate with the same technical parameters recorded on the certificate and in the test report compared to the spare parts installed on the product type that have been issued a certificate and meet the requirements stipulated in national technical standards. Other cases of supplementation and changes not covered by the above provisions shall be examined and evaluated based on the conformity of the technical parameters of the certified spare parts with the technical parameters of the vehicle type and spare parts installed on the vehicle and compliance with the relevant items concerning the installation of changed spare parts on the vehicle as stipulated in the national technical standards applicable to the vehicle type.

4. Procedure for implementation:

a) The production entity shall prepare one set of documents in accordance with the provisions of Clause 2 of this Article and submit the documents directly or through the postal service or online public service system to the Certification Authority to supplement the registration file for the certified product type.

b) The Certification Authority shall accept and check the completeness of the file. In case the file is incomplete according to the regulations, the Certification Authority shall return the file on the same working day for direct submissions or within two working days from the date of acceptance for other submission methods and notify the reasons for the production entity to complete the file again. If the file is complete according to the regulations, the Certification Authority shall conduct an examination and evaluation of the file.

c) The Certification Authority shall inspect the results of the COP assessment and review the contents of the file within seven working days from the date of receipt of the file and the production entity has paid all service fees and registration fees.

If the results of the COP and the file review meet the requirements, the Certification Authority shall record and supplement the changed contents for the certified product type and notify in writing or through the online public service system to the production facility.

If the file contains unsuitable content or the COP results do not meet the requirements, the Certification Authority shall notify the production facility to supplement and complete; in cases where the COP results do not meet the requirements, the production facility shall agree on a time for the Certification Authority to conduct the COP assessment. The production facility is responsible for completing the unsuitable file content that has been notified and resubmitting it to the Certification Authority. The processing period will be recalculated from the beginning after receiving the supplemented and completed files from the production facility.

The production facility is permitted to supplement and complete unsuitable contents within a maximum period of three months from the date of the first notification. Beyond this three-month period, the Certification Authority will cease the file review, COP evaluation, and notify in writing or through the online public service system about the non-recognition and supplementation of the changed contents for the certified product type.

5. When submitting the file through the online public service system, the file components prescribed in Clause 2 of this Article shall be replaced by electronic information forms and electronic documents.

Article 11. Provisions during the production and assembly of products

1. The production facility must maintain quality assurance during the production and assembly of products, implement quality checks, and perform pre-delivery inspections for each product.

2. Each product leaving the factory must undergo a pre-delivery inspection, test run on a test track, and quality checks and evaluations according to the quality criteria registered in the certification file of the product type.

3. Pre-delivery inspections are carried out in one of two forms: self-pre-delivery inspection or pre-delivery inspection with supervision by the Certification Authority:

a) Self-pre-delivery inspection form

Production facilities holding a Product Type Quality Certificate, with COP assessment results meeting the requirements and without violations necessitating supervised pre-delivery inspections, may conduct their own pre-delivery inspections. The Certification Authority may randomly check the conformity of products leaving the factory at the production facility. If the inspection results show that the production facility has violated regulations, the Certification Authority will apply supervised quality inspection procedures; for product types found to be in violation, the Certificate's validity may be suspended or revoked according to regulations.

b) Supervised pre-delivery inspection form

The Certification Authority will supervise the pre-delivery inspection (hereinafter referred to as supervision) according to the content stipulated in Appendix XIII issued together with this Circular if the production facility falls under any of the following circumstances: releasing products that do not meet national technical standards or are inconsistent with the registration file and typical samples of the product type; technicians conducting pre-delivery quality inspections or using quality inspection equipment incorrectly according to the production facility's guidelines; misuse of the pre-delivery quality inspection report; unauthorized erasure, alteration, or resealing of vehicle chassis (VIN) numbers or engine numbers; or when the production facility's post-supervision assessment results indicate unstable product quality (product quality is considered stable if the ratio of non-conforming products requiring re-inspection to the total number of inspected products does not exceed 5% for the entire supervision period and does not exceed 10% for any month within the supervision period).

The duration of a supervision period is six months (with products being released) or based on the number of inspected products (2,000 units for motorcycles and motorbikes; 500 units for cars, trailers, semi-trailers; 200 units for other types of vehicles), whichever comes first. After each supervision period, if the product quality remains stable and there are no violations of this Circular, the self-pre-delivery inspection procedure will be applied.

4. The production facility is responsible for the origin, source, and quality of products leaving the factory and must label the products and affix energy labels on motor vehicles in accordance with laws on energy conservation and efficiency before bringing them to market. Products can only leave the factory and receive a pre-delivery quality inspection certificate when all quality assurance provisions set forth in Article 6 of this Circular, the Product Type Certificate remains valid, and when parts used for manufacturing and assembling vehicles, which are subject to testing and certification according to Appendix II issued together with this Circular, meet one of the following requirements:

a) The part's Certificate is still valid;

b) A notice exempting the part from inspection according to Decree 60/2023/NĐ-CP is still valid.

5. Chassis number, engine number:

a) The production facility shall not use frames or engines with erased, altered, or resealed chassis or engine numbers for manufacturing and assembling vehicles, except in the case specified in point b of this clause.

b) If the chassis or engine number stamped domestically is incorrect due to operator error or equipment malfunction during the stamping process or becomes blurred and difficult to read (collectively referred to as defective stamped numbers), the production facility must retain the defective stamped number in its original state and notify the Certification Authority in writing. The Certification Authority will inspect and, if there are no signs of violation, notify the production facility in writing to re-stamp the chassis or engine number. If there are violations, the Certification Authority will notify the production facility in writing not to use frames or engines with defective stamped numbers for manufacturing and assembling vehicles.

6. The production facility can only issue a delivery certificate after the vehicle has passed the pre-delivery quality inspection, meets the registration file and typical sample of the certified product type.

7. The production facility shall establish and issue 01 set of documents for each vehicle leaving the factory, including:

a) An Export Quality Inspection Certificate (hereinafter referred to as the Export Certificate) according to one of the models prescribed in Appendix VII issued together with this Circular, accompanied by a chassis number and engine number verification sheet. The Export Certificate must be signed and stamped by an authorized person (the head or the person authorized) of the production facility; the method and form of receiving the Export Certificate blanks shall be carried out based on the classification of the production facility through the application of risk management measures as stipulated in Article 14 and Appendix XI issued together with this Circular;

b) Vietnamese language documentation accompanying the vehicle: user guide; warranty book or product warranty certificate. These documents must contain technical specifications information about the product and instructions on using main equipment, safety equipment, distinctive equipment, specialized equipment (if any); maintenance cycle, work content; warranty period and conditions; and addresses of warranty and maintenance facilities.

In case the production facility provides user guide documentation in electronic format combined with paper version or other suitable forms, the provision of user guide documentation must ensure the principle of unified management of issued versions; ensuring that vehicle users can view, implement basic usage instructions, usage precautions, or ways to handle and fix vehicle malfunctions in all cases, including when the vehicle's electrical system, screen is faulty, damaged, or when unable to connect to the network leading to inability to view detailed usage guide documentation in electronic format.

8. For production facilities violating the provisions of Clause 1, Article 12 or Clause 2, Article 12 of this Circular, in addition to having their Product Type Certification suspended, vehicle production facilities will be subject to the export inspection check procedure as stipulated in Point b, Clause 3 of this Article, changing the issuance method of the Export Certificate blank as prescribed in Appendix XI issued together with this Circular, and only being allowed to issue the Export Certificate for vehicles of non-violating types after receiving the export inspection results sent to the Certification Authority until the suspension of the Product Type Certification of the violating type is lifted or there is a report on the correction of the violating product error approved by the Certification Authority.

9. Production facilities are responsible for reporting and transmitting data related to vehicles that have left the factory to the Certification Authority, including: information about the type of vehicle, chassis number, engine number, serial number of the Export Certificate, date of vehicle export, year of vehicle production, date of issuance of the Export Certificate within 10 working days following receipt of the Export Certificate blank or use of the Export Certificate in the case of issuance according to Method 1 prescribed in Appendix XI issued together with this Circular.

10. When losing the Export Certificate, the production facility must notify the Certification Authority and may only obtain a replacement Export Certificate after 30 days from the date of notification.

Article 12. Suspension of Effectiveness of Product Type Certification

1. The Certification Authority suspends the effectiveness of the Product Type Certification, requiring the production facility to stop issuing Export Certificates for violating vehicle types within six months and notifying the production facility in writing or through the online public service system if it falls under any of the following circumstances:

a) There is one of the following errors: failure to maintain product quality assurance; failure to conduct export inspections; exported products failing to meet national technical standards; not conforming to the certification registration file and typical samples of certified product types; issuing Export Certificates for vehicles not in accordance with regulations;

b) Failure to comply with the periodic assessment requirements for quality assurance as stipulated in Article 6 of this Circular;

c) Failure to carry out vehicle recall for defects as prescribed in this Circular or failure to correct and recover defective products for other types of products as prescribed by laws on product quality and consumer protection laws;

d) The production facility arbitrarily erases, scratches, or modifies chassis numbers and engine numbers without reporting to the Certification Authority;

đ) There is a discrepancy between the energy consumption information of the certified motor vehicle type and the energy consumption information on the energy label of the certified motor vehicle type; or in the case where the tested energy consumption value of the certified motor vehicle type does not meet the requirements stipulated in the national technical standard.

2. Suspension of Effectiveness of All Product Type Certifications

The Certification Authority suspends the effectiveness of all issued Product Type Certifications for the production facility, requiring the cessation of production and issuance of Export Certificates for all product types within six months and notifying the production facility in writing or through the online public service system if it falls under any of the following circumstances:

a) The production facility has had its Product Type Certification suspended for two or more product types during the time it is rectifying the defect of previously suspended products or violates one of the errors specified in Point a, c, d, đ Clause 1 of this Article with two or more product types in one violation or commits the same error three or more times in the same review year; quality control inspectors fail to follow the quality control inspection guidelines issued by the production facility; inspection equipment is not functioning or is malfunctioning, not ensuring accuracy; production and assembly are not conducted at the registered address;

b) The Automotive Production and Assembly Qualification Certificate of the production facility, which is the subject of Decree 116/2017/NĐ-CP, is temporarily suspended or revoked according to the provisions of Decree 116/2017/NĐ-CP;

c) The production facility fails to recall defective automobiles or correct and recover other defective products as required and notified (more than twice) by the Certification Authority.

3. Cancel the suspension of the validity of the Certificate of Type Approval

During the period when the validity of the Certificate of Type Approval for the product type is suspended according to the provisions of Clause 1 or Clause 2 of this Article, the production facility shall not be allowed to issue pre-printed export certificates for the product type that is being suspended, nor shall it be permitted to issue Export Certificates for vehicles to release them onto the market. The production facility must rectify all violations within a maximum period of six months from the date of suspension of the Certificate of Type Approval.

The certification body will inspect after the production facility reports on measures taken to correct the violations and the completion of such corrections; if the violations have been corrected, the certification body will notify the production facility in writing about the cancellation of the suspension of the Certificate of Type Approval and the cessation of the issuance of pre-printed Export Certificates and Export Certificates for the non-compliant product type; if the production facility fails to correct the violations within the specified time frame, the Certificate of Type Approval for the product type will become invalid and be revoked according to the provisions of Clause 4, Article 13 of this Circular.

Article 13. Revoke the Certificate of Type Approval for the product type

The Certificate of Technical Safety and Environmental Protection Quality for the product type will be revoked if it falls under any of the following circumstances:

1. The production facility is dissolved or declared bankrupt in accordance with the law;

2. The production facility falsifies documents in the registration file for certification;

3. The product type undergoes changes that alter its certified fuel consumption levels and does not meet national technical standards;

4. More than six months have passed since the suspension of the Certificate of Type Approval as stipulated in Clause 1 or Clause 2 of Article 12 of this Circular, and the production facility has not implemented corrective actions.

Article 14. Risk Management

1. The certification body evaluates the level of risk to classify production facilities into groups and apply appropriate management measures. Criteria for classification based on risk levels and management measures are detailed in Appendix XI issued together with this Circular.

2. When there is a change in classification, the certification body will inform the production facility so that it can act accordingly.

Article 15. Unannounced Inspections at Production Facilities

The certification body will establish an inspection team and conduct unannounced inspections of production facilities regarding compliance with the provisions of this Circular in the following situations:

a) There are complaints or reports about the quality of products on the market or products leaving the factory that do not meet quality standards or do not match the registration file and typical samples of the product type that have been granted a Certificate of Technical Safety and Environmental Protection Quality or the issuance of Export Certificates that do not correspond to the certified vehicle types;

b) There are notifications from relevant regulatory bodies regarding product quality or production activities;

If the inspection results show that the production facility violates regulations concerning the maintenance of product quality; products leaving the factory do not meet quality standards, do not comply with national technical standards, or do not match the registration file and typical samples of the product type that have been granted a quality certificate; issuance of Export Certificates that do not correspond to the certified product types or other violations of this Circular, the certification body will handle the situation according to the provisions of Article 12 or Article 13 of this Circular, change the form of issuance of pre-printed Export Certificates, and apply appropriate risk management measures according to the provisions of Article 14 and Appendix XI issued together with this Circular.

Article 16. Provisions on energy consumption of motor vehicles and energy labeling of motor vehicles

1. Production facilities must publicly disclose the energy consumption levels of motor vehicles. The public disclosure of energy consumption levels must meet the following requirements:

a) Consistent with the information and energy consumption levels of vehicle types that have been certified;

b) Publish information about the energy consumption levels of vehicle types on the production facility's and vehicle business establishment's websites (if applicable). Publicly disclosed information must be maintained throughout the period during which the production facility and vehicle business establishment provide such vehicle types to the market.

2. All types of vehicles must be labeled with energy labels before being brought to the market, including:

a) Passenger cars;

b) Motorcycles, motorbikes.

3. Energy labeling shall not apply to the types of vehicles specified in Clause 2 of this Article in the following cases:

a) Vehicles produced or assembled from chassis already labeled with energy labels;

b) Vehicles produced or assembled for export.

4. Production facilities must register for energy labeling according to the provisions of the law on rational and efficient energy use for vehicle types subject to energy labeling based on certified energy consumption levels, and affix energy labels to vehicles before they are brought to the market.

5. If certified product types undergo changes that do not satisfy the energy consumption levels of similar product types or changes that affect the certified energy consumption levels beyond the permitted range or fail to meet the conditions for expanding the recognition of exhaust emission test results as stipulated in national technical regulations, then re-certification of the relevant vehicle types concerning energy consumption levels must be carried out.

Article 17. Re-disclosure of energy consumption levels

Production facilities must re-disclose information about energy consumption levels based on issuing new Certificates when vehicle types that have been certified undergo changes in energy consumption levels in the following cases:

1. When the energy consumption levels of certified vehicle types do not comply with the corresponding national technical standards or when the disclosed energy consumption levels are incorrect compared to the certified energy consumption levels.

2. Vehicle types using internal combustion engines that have been certified for energy consumption levels undergo changes affecting energy consumption levels and do not meet the conditions for expanding the recognition of exhaust emission test results as stipulated in national technical standards, or electric-powered vehicle types that have been certified for energy consumption levels undergo changes affecting energy consumption levels exceeding the permissible limits set forth in national technical standards compared to the certified energy consumption levels.

Article 18. Inspection and supervision of energy labeling of motor vehicles

1. Annually, production facilities must submit reports related to energy labeling to the Certification Authority as follows:

a) Report name: Annual report on energy labeling;

b) Content required in the report: number of motor vehicle types labeled with energy labels; average energy consumption of each production facility over one year;

c) Reporting entity: production facilities;

d) Agency receiving the report: Certification Authority;

đ) Method of submitting and receiving the report: the report is presented in either paper form or electronic form; it can be submitted through one of the following methods: direct submission, postal service, email system, other methods as prescribed by law;

e) Deadline for submitting the report: no later than December 31 each year;

g) Frequency of reporting: annual periodic report;

h) Data cut-off time for the report: from December 15 of the previous reporting period to December 14 of the current reporting period;

i) Report data form: as prescribed in Appendix XV issued together with this Circular.

2. The Certification Authority organizes inspection and supervision related to the implementation of energy labeling as follows:

a) Annually, develop and implement plans to inspect compliance with the public disclosure of energy consumption information and the implementation of energy labeling by production and business establishments in accordance with the regulations.

b) Conduct spot checks if complaints or reports indicating violations related to the implementation of energy labeling by production facilities are received.

In case signs of violations related to certified energy consumption levels are discovered, the Certification Authority will require production facilities to retest the energy consumption levels. The inspection and testing results serve as grounds for considering suspension of the Certificate of vehicle types under Article 12 or revocation of the Certificate of vehicle types already issued under Article 13 of this Circular.

In case violations related to energy labeling are discovered, the Certification Authority will notify the Ministry of Industry and Trade in writing and clearly specify the nature of the violation for the Ministry of Industry and Trade to consider and handle in accordance with the law.

Chapter III
PROVISIONS ON RECALL OF DEFECTIVE PRODUCTS AND GOODS

Article 19. Products and goods subject to recall

1. Motor vehicles within the scope of Decree 116/2017/NĐ-CP that are produced or assembled (hereinafter referred to as products) with defects shall be recalled in accordance with the provisions of this Chapter.

2. Situations requiring recall:

a) Products recalled based on the announcement of the production facility;

b) Products recalled at the request of the Certification Authority.

Article 20. Product Recall

1. Product recall announced and proactively implemented by the production facility

In case defects are discovered in products supplied to the market and fall under the category for recall, the production facility shall proactively carry out the following tasks:

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

b) Within no more than five working days from the date of discovering the defective product, the production facility must notify in writing to sales agents to temporarily stop supplying the defective product to the market;

c) Within no more than ten working days from the date of identifying the defective products for recall, the production facility must report to the Certification Authority about the cause of the defect, measures to address it, the quantity of recalled products, and the recall plan;

d) Announce the recall plan through mass media in accordance with the law;

đ) Annually, the production facility must report the results of the recall to the Certification Authority as stipulated in Clause 4 of this Article;

e) Within no more than thirty days from the end of the recall, the production facility must submit a written report on the results of the recall to the Certification Authority.

2. Recall at the request of the Certification Authority

Upon discovering that products supplied by the production facility to the market have defects requiring recall, the Certification Authority will base its decision on regulations, standards, technical norms, information, and investigation results to consider and decide to implement the following tasks:

a) Request the production facility to temporarily halt the release of the defective product type and report relevant information about the product to the Certification Authority;

b) Depending on the level of danger and urgency of the defective product, require the production facility to immediately initiate the recall. In cases where the defective product is caused by multiple complex reasons and requires timely decisions to request the production facility to recall the defective product, the Certification Authority will consult experts to assess the level of danger of the defective product's fault.

3. The Certification Authority receives the recall plan and notifies the production facility and any additional requirements for the recall plan (if any).

4. The production facility shall implement periodic reports on the results of product recalls as follows:

a) Report name: Periodic report on the results of product recalls;

b) Content required in the report: the number of products that have been recalled and completed corrective actions according to the plan and announced measures; the number of products that have not been able to be recalled and completed corrective actions according to the plan and announced measures;

c) Reporting entity: production facilities;

d) Agency receiving the report: Certification Authority;

đ) Method of submitting and receiving the report: the report is presented in either paper form or electronic form; it can be submitted through one of the following methods: direct submission, postal service, email system, other methods as prescribed by law;

e) Deadline for submitting the report: no later than December 31 each year;

g) Frequency of reporting: annual periodic report;

h) Data cut-off time for the report: from December 15 of the previous reporting period to December 14 of the current reporting period;

i) Reporting data form: in accordance with Appendix XIV issued together with this Circular.

Chapter IV
RESPONSIBILITIES OF RELATED AUTHORITIES AND ORGANIZATIONS

Article 21. Responsibilities of production facilities

1. Shall be responsible under the law for the legality and accuracy of the information declared and the documents submitted in the registration dossier; shall be responsible for the consistency of the declared information and between the submitted documents in the registration dossier for inspection and testing and the registration dossier for certification; comply with inspection regulations and decisions of competent authorities.

2. Shall be responsible for the origin and source of products and spare parts used in vehicle manufacturing and assembly; store information related to products and spare parts for traceability and product recall.

3. Transfer typical samples to the agreed location for inspection and testing.

4. Maintain a quality management system to ensure product quality that has been inspected and evaluated; manufacture, assemble, and inspect products before shipment to ensure they meet national technical standards, are consistent with the typical samples tested and the registration dossier for certification of the type of product; ensure compliance with certified energy consumption levels; affix energy labels and product labels in accordance with regulations before releasing them to the market.

5. Affix the chassis number and engine number plate on the back of the Certificate of Conformity and stamp it to serve online vehicle registration procedures according to the Minister of Public Security's regulations.

6. Store copies of the Certificate of Conformity (including copies of the chassis number and engine number plates). Store the results of product quality inspections for at least three years from the date of product shipment; when destroying these documents, the production facility must ensure data retrieval for product recalls and when requested by authorized agencies.

7. Manage and use blank Certificates of Conformity in accordance with regulations; shall be responsible for printing the information of shipped vehicles on the Certificate of Conformity in accordance with the type of vehicle certified and send data of shipped vehicles to the Certification Authority.

8. Recall automobiles subject to Decree 116/2017/NĐ-CP with defects as stipulated in this Circular; proactively address defects or recall other products with defects in accordance with laws on product quality and consumer protection.

9. Store registration dossiers for product quality certification, documents related to product quality assurance, registration dossiers for energy consumption levels for at least five years from the cessation of production of the product type.

10. In case of electronic transaction incidents on the online public service system, the production facility must notify the Certification Authority to cooperate in resolving the issue.

Article 22. Responsibilities of the Certification Authority

1. Implement certification of technical safety and environmental protection of vehicles and spare parts, and energy consumption levels of motor vehicles in accordance with regulations.

2. Uniformly issue and manage the use of sample Certificates of Conformity and blank Certificates of Conformity.

3. Recognize, designate, and publicly list testing facilities that conduct spare part testing for vehicles to support technical safety and environmental protection certification and energy consumption level certification of motor vehicles.

5. Notify the police agency upon receiving notification of lost Certificates of Conformity from production facilities; notify customs agencies at import locations when there is evidence that vehicles produced and assembled using spare parts with chassis and engine numbers altered abroad have been tampered with, erased, or resealed.

6. Periodically or randomly check the quality assurance of products; check the conformity of products shipped out at production facilities; carry out periodic inspections and supervision of energy label affixing.

7. Notify relevant state agencies to handle violations according to regulations when discovering production and business entities violating labeling requirements during inspections and supervision.

8. In case of incidents preventing administrative procedures on the online public service system, the Certification Authority shall notify on its official website within four hours from the time of the incident during working hours or within four hours from the start of the next working day for incidents occurring during statutory holidays.

9. Store registration dossiers for product type certification.

10. Summarize the implementation results of certification and energy label affixing inspections and report to authorized agencies when required.

Chapter V
EFFECTIVE DATE AND IMPLEMENTATION

Article 23. Effectiveness of Implementation

1. This Circular takes effect from January 1, 2025.

2. Repeal certain Circulars and some provisions of issued Circulars from the effective date of this Circular, specifically as follows:

a) Circular No. 30/2011/TT-BGTVT dated April 15, 2011, issued by the Minister of Transport regarding technical safety and environmental protection inspections in the production and assembly of motor vehicles.

b) Circular No. 45/2012/TT-BGTVT dated October 23, 2012, issued by the Minister of Transport regarding technical safety and environmental protection inspections in the production and assembly of motorcycles and motorbikes.

c) Circular No. 41/2013/TT-BGTVT dated November 5, 2013, issued by the Minister of Transport regarding technical safety inspections of electric bicycles.

d) 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.

đ) 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, issued by the Minister of Transport regarding technical safety and environmental protection inspections in the production and assembly of motor vehicles.

e) Circular No. 86/2014/TT-BGTVT dated December 31, 2014, issued by the Minister of Transport regarding conditions for four-wheeled passenger vehicles with engines and drivers participating in limited traffic areas.

g) Circular No. 89/2015/TT-BGTVT dated December 31, 2015, issued by the Minister of Transport, stipulating the inspection of technical safety quality and environmental protection for specialized motor vehicles;

h) Circular No. 40/2017/TT-BGTVT dated November 9, 2017, issued by the Minister of Transport, guiding the labeling of energy consumption for passenger cars with more than seven seats up to nine seats;

i) Article 1, Article 3, Article 4, Article 5, Article 6, Article 7, and Article 8 of 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;

k) Circular No. 59/2018/TT-BGTVT dated December 17, 2018, issued by the Minister of Transport, guiding the labeling of energy consumption for motorcycles and motorbikes produced, assembled, and imported (hereinafter referred to as Circular No. 59/2018/TT-BGTVT);

l) Circular No. 25/2019/TT-BGTVT dated July 5, 2019, issued by the Minister of Transport, stipulating the inspection of technical safety quality and environmental protection in the production and assembly of automobiles;

m) Circular No. 46/2019/TT-BGTVT dated November 12, 2019, issued by the Minister of Transport, amending and supplementing certain provisions of Circular No. 25/2019/TT-BGTVT dated July 5, 2019, issued by the Minister of Transport, stipulating the inspection of technical safety quality and environmental protection in the production and assembly of automobiles;

n) Article 1, Article 5 of Circular No. 26/2020/TT-BGTVT dated October 16, 2020, amending and supplementing certain provisions of Circulars stipulating the periodic reporting system in the field of vehicle inspection;

o) Circular No. 23/2020/TT-BGTVT dated October 1, 2020, issued by the Minister of Transport, amending and supplementing certain provisions of Circular No. 89/2015/TT-BGTVT dated December 31, 2015, issued by the Minister of Transport, stipulating the inspection of technical safety quality and environmental protection for specialized motor vehicles, and Circular No. 42/2018/TT-BGTVT dated July 30, 2018, issued by the Minister of Transport, stipulating amendments and supplements to certain provisions of Circulars in the field of vehicle inspection;

p) Article 1, Article 4, Article 5, Article 6, Article 8 of 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;

q) Circular No. 48/2022/TT-BGTVT dated December 30, 2022, issued by the Minister of Transport, guiding the labeling of energy consumption for passenger cars, motorcycles, motorbikes using electricity and hybrid electricity (hereinafter referred to as Circular No. 48/2022/TT-BGTVT);

r) Circular No. 49/2023/TT-BGTVT dated December 31, 2023, amending and supplementing certain provisions of Circulars in the field of inspecting technical safety quality and environmental protection for motor vehicles, specialized motor vehicles, four-wheeled passenger vehicles with engines, four-wheeled cargo vehicles with engines, and electric bicycles produced, assembled, and imported;

3. In cases where legal regulations, national technical standards, or national standards cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced legal regulations, national technical standards, or national standards;

Article 24. Transitional Provisions

1. Documents submitted before the effective date of this Circular include: documents for procedures to register fuel consumption testing; design documents for vehicles; product registration certification documents (product inspection documents) to issue certificates of technical safety quality and environmental protection, which continue to be processed according to the legal provisions at the time of submission of the documents;

2. Certificates of technical safety quality and environmental protection for types of products already issued before the effective date of this Circular or certificates issued for types of products specified in Clause 1 of this Article are permitted to continue production and assembly until:

a) The expiration date on the type approval certificate issued for automobiles within the scope of Decree No. 116/2017/NĐ-CP and parts used for automobiles;

b) The end of the next periodic review period of the type approval certificate issued for: automobiles not within the scope of Decree No. 116/2017/NĐ-CP; trailers; semi-trailers; motorcycles; motorbikes; four-wheeled cargo vehicles with engines; four-wheeled passenger vehicles with engines; specialized motor vehicles; parts used for motorcycles; parts used for motorbikes; parts used for four-wheeled cargo vehicles with engines;

3. Fuel consumption certificates for types of passenger cars up to eight seats excluding the driver's seat (still valid), issued according to Joint Circular No. 43/2014/TTLT-BGTVT-BCT dated September 24, 2014, issued by the Ministers of Transport and Industry and Trade, stipulating the labeling of energy consumption for passenger cars with up to seven seats, or Circular No. 40/2017/TT-BGTVT dated November 9, 2017, issued by the Minister of Transport, guiding the labeling of energy consumption for passenger cars with more than seven seats up to nine seats, remain valid until the type approval certificate for motor vehicles expires;

4. Energy consumption levels of types of vehicles publicly announced according to Circular No. 59/2018/TT-BGTVT or Circular No. 48/2022/TT-BGTVT before the effective date of this Circular continue to be valid until:

a) The expiration date of the type approval certificate for passenger cars up to eight seats excluding the driver's seat that has been issued;

b) The end of the annual review period of the type approval certificate for motorcycles and motorbikes that have been issued.

5. The Factory Exit Permit issued to motor vehicles before the effective date of this Circular and the Factory Exit Permit issued to vehicles in accordance with Clause 1 of this Article shall be valid for use in vehicle registration in accordance with the regulations of the Minister of Public Security or for procedures to certify production and assembly into other types of vehicles. The templates of the Factory Exit Permit issued before the effective date of this Circular shall continue to be used until June 30, 2025. The implementation of the template of the Quality Inspection Exit Permit as prescribed in Appendix VII attached to this Circular shall take effect from July 1, 2025./.