Decision No. 57/2007/QĐ-BGTVT Issuing Regulations on Quality Inspection, Technical Safety, and Environmental Protection for Imported Motorcycles and Scooters and Imported Engines Used for Motorcycle and Scooter Production and Assembly

Pursuant to …;

Issuing Regulations on Quality Inspection, Technical Safety, and Environmental Protection for Imported Motorcycles and Scooters and Import Engines Used for Producing and Assembling Motorcycles and Scooters

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MINISTER OF TRANSPORT

Pursuant to the Road Traffic Law dated June 29, 2001;

Pursuant to Decree No. 179/2004/NĐ-CP dated October 21, 2004 of the Government on State Management of Product and Goods Quality;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government on the Functions, Tasks, Authorities, 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.

Pursuant to …;:

Article 1. Attached to this Decision are "Regulations on Quality Inspection, Technical Safety, and Environmental Protection for Imported Motorcycles and Scooters and Import Engines Used for Producing and Assembling Motorcycles and Scooters".

Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette and revoke Decision No. 1378/2003/QĐ-BGTVT dated May 15, 2003 of the Minister of Transport.

Article 3. The Director of the Ministry's Office; the Inspector General of the Ministry; Heads of Departments; Directors of Bureaus: Vietnam Highway Administration, Vietnam Inspection Bureau; Heads of agencies, organizations, and individuals related to this Decision are responsible for its implementation./.

REGULATIONS

On Quality Inspection, Technical Safety, and Environmental Protection for Imported Motorcycles and Scooters and Import Engines Used for Producing and Assembling Motorcycles and Scooters

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(issued together with Decision No. 57/2007/QĐ-BGTVT dated November 21, 2007 of the Minister of Transport)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation, Applicability.

1. These regulations stipulate the inspection of quality, technical safety, and environmental protection for imported complete motorcycles and scooters (hereinafter referred to as vehicles) and imported complete engines (hereinafter referred to as engines) used for producing and assembling motorcycles and scooters;

2. These regulations apply to Quality Inspection Agencies, Testing Facilities, Importing Entities of vehicles and engines used for producing and assembling motorcycles and scooters.

3. These regulations do not apply to vehicles and engines:

a) Of the military and police used for national defense and security purposes;

b) Temporarily imported for re-export.

Article 2. Definitions

1. Quality Inspection Agency: The Vietnam Vehicle Inspection Bureau under the Ministry of Transport is the specialized state agency for inspecting quality, technical safety, and environmental protection for motorcycles and scooters (hereinafter referred to as the Quality Inspection Agency), responsible for organizing and conducting inspections of the products mentioned in these regulations.

2. Testing Facility: A domestic or foreign entity operating in the testing field recognized and permitted by the Quality Inspection Agency to conduct sample testing.

3. Importing Entity: An organization or individual in Vietnam or abroad importing vehicles and engines for producing and assembling motorcycles and scooters.

Chapter II

PROCEDURE AND CONTENT OF QUALITY SAFETY TECHNICAL INSPECTION AND ENVIRONMENTAL PROTECTION

Article 3. Inspection Documentation

The Importing Entity is responsible for preparing one set of inspection documentation to be submitted to the Quality Inspection Agency.

1. For Vehicles

a) A registration form for vehicle quality inspection indicating the frame number, engine number, and year of manufacture;

b) A copy of the import goods declaration;

c) Technical specification documents provided by the manufacturer for the imported vehicle type, including key parameters such as dimensions, weight, passenger capacity, maximum speed, transmission type, tire markings, and basic engine specifications: maximum torque, maximum power at engine speed, cylinder diameter, piston stroke, cylinder volume, fuel type, clutch type; Documents related to emissions according to current regulations;

d) A declaration of vehicle technical parameters (only applicable if the technical specification documents specified in point c of this clause do not fully reflect the required technical specifications).

2. For Engines

a) A registration form for engine quality inspection indicating the engine number and year of manufacture;

b) A copy of the import goods declaration;

c) Technical specification documents provided by the manufacturer for the imported engine type, including key parameters such as maximum torque, maximum power at engine speed, cylinder diameter, piston stroke, cylinder volume, fuel type, clutch type, gear ratio;

d) A declaration of engine technical parameters (only applicable if the technical specification documents specified in point c of this clause do not fully reflect the required technical specifications).

3. For vehicle types or engines that have been inspected and certified by the Quality Inspection Agency, technical documents specified in points c of Clause 1 and Clause 2 of this Article are not required.

Article 4. Inspection Method and Content

1. Inspection Method: Inspection is conducted through sampling for each batch of imported goods of the same type: Samples are randomly selected by the Quality Inspection Agency from a batch of imports, the number of samples depends on the quantity of goods in a batch and is defined as follows:

Number of Samples for Each Batch

2. Inspection Content: Imported vehicles and engines are evaluated based on quality and technical safety criteria as specified in Appendix I attached to these regulations and corresponding technical standards and norms.

3. Sample testing is carried out at Testing Facilities.

4. After completing the testing, the samples will be returned to the Importing Entity.

Article 5. Exemption from Sample Testing

1. Exemption from sample testing applies in the following cases:

a) For vehicle and engine types imported by the same Importing Entity and certified according to current regulations;

b) Vehicle types with certification of conformity according to European regulations ECE, EC on technical safety and environmental protection for motorcycles and scooters issued by authorized foreign authorities and not conflicting with current regulations.

2. In cases where imported batches fall under the categories specified in Clause 1 of this Article show signs of non-compliance with quality requirements, the Quality Inspection Agency will apply the sample testing method as stipulated in Article 4.

Article 6. Handling Inspection Results

1. Within five working days from the date on which the Importing Entity submits complete and valid documentation and testing results as prescribed, based on the registration for inspection and testing results, the Inspection Authority shall examine, evaluate, and notify the Importing Entity of the inspection results.

2. For vehicles that meet the quality requirements, the Inspection Authority shall issue a Vehicle Quality Import Certificate according to the form specified in Appendix IIa attached hereto.

3. For engines that meet the quality requirements, the Inspection Authority shall issue an Engine Import Certificate according to the form specified in Appendix IIb attached hereto for each batch of engines registered for inspection.

4. For vehicles and engines that do not comply with current technical standards and regulations, the Inspection Authority shall notify the Importing Entity to rectify the issues. The rectification of the entire batch must be completed within thirty days from the notification date. If the batch has not been rectified beyond this period, the Inspection Authority shall issue a Notification regarding non-compliant imported vehicles or engines according to the corresponding forms specified in Appendices IIIa and IIIb attached hereto.

Chapter III

IMPLEMENTATION

Article 7. Responsibilities of the Importing Entity

1. Shall be responsible for the accuracy and honesty of the documents provided to the Inspection Authority.

2. Present the original condition of vehicles and engines for the Inspection Authority to conduct inspections.

3. Implement the Decision of the Minister of Transport concerning state inspection of the quality of imported vehicles and engines.

4. Pay fees and charges for inspection, testing, and issuance of quality certificates as prescribed.

Article 8. Responsibilities of the Inspection Authority

1. Guide Importing Entities in ensuring quality, technical safety, and environmental protection requirements for imported vehicles and engines.

2. Uniformly issue and manage certificates.

3. Conduct inspections and tests of vehicles and engines in accordance with current regulations, standards, and technical specifications.

4. Guide the quality inspection procedures, technical safety, and environmental protection according to this Regulation.

5. Collect revenues related to inspections and issuance of certificates according to current regulations.

6. Retain inspection records for three years from the date of certificate issuance.

7. Annually compile and report to the Ministry of Transport the results of imported vehicle and engine quality inspections every six months.

Article 9. Issued Quality Certificates

Quality Certificates issued pursuant to Decision No. 1378/2003/QĐ-BGTVT remain valid until their stated expiration date.

Article 10. Supervision, Inspection, and Handling Violations

Supervision, inspection, and handling of violations of this Regulation shall be carried out in accordance with the provisions of the law./.