Decree No. 60/2023/NĐ-CP on the inspection and certification of technical safety and environmental protection quality for imported automobiles and imported spare parts under international treaties to which Vietnam is a party

DECREE

Regulations on the inspection and certification of technical safety quality and environmental protection for imported automobiles and parts under international treaties to which Vietnam is a party

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on International Treaties dated April 9, 2016;

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

To implement the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union;

To implement the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom and Northern Ireland;

At the proposal of the Minister of Transport;

The Government promulgates this Decree stipulating the inspection and certification of technical safety quality and environmental protection for imported automobiles and parts under international treaties to which Vietnam is a party.

 

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the inspection and certification of technical safety quality and environmental protection for imported automobiles and parts under Agreements to which Vietnam is a party, and at the same time, they belong to the list of products and goods that may cause safety risks under the management responsibility of the Ministry of Transport. The Agreements include:

1. The Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (hereinafter referred to as the EVFTA Agreement).

2. The Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom and Northern Ireland (hereinafter referred to as the UKVFTA Agreement).

Article 2. Applicability

This Decree applies to importers and agencies, organizations, and individuals related to the management, inspection, and certification of technical safety quality and environmental protection for imported automobiles and parts under international treaties to which Vietnam is a party as specified in Article 1 of this Decree.

This Decree does not apply to imported automobiles and automobile parts for defense and security purposes according to plans approved by the Prime Minister.

Article 3. Explanation of Terms

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. Automobile means new passenger cars of category M1 as specified in point a, Clause 1, Article 1, Annex 2-B of the EVFTA Agreement.

2. Parts mean assemblies, systems, and components of automobiles as specified in points a and b, Clause 1, Article 1, Annex 2-B of the EVFTA Agreement.

3. Unused parts refer to assemblies, systems, and components that have not been used for manufacturing or assembling vehicles or for any other purpose.

4. Used automobiles refer to automobiles that have not been registered for circulation before being imported into Vietnam.

5. Vehicle Type Approval (VTA) Certificate is the certificate approving the type of vehicle according to the regulations of UNECE or EC (including all safety and environmental protection documents).

6. Type Approval Certificate (TA) is the certificate approving the type of parts according to the regulations of UNECE (including all attached TA documents).

7. Conformity of Production (COP) Document is the document reflecting the results of product quality assurance assessments at production facilities in accordance with ECE, EC regulations (for automobiles) or ECE regulations (for parts) conducted by authorized foreign agencies or organizations.

8. COP Audit Report is the document regarding the results of product quality assurance assessments at production facilities by authorized foreign agencies or organizations and serves as the basis for issuing COP Documents.

9. Authorized foreign agency or organization refers to agencies or organizations recognized by foreign laws with the authority to issue: Vehicle Type Approval Certificates, Part Type Approval Certificates, and COP Documents for automobile manufacturers and importers.

10. Importer refers to organizations or individuals importing automobiles and parts in accordance with the law.

11. Certificate of Conformity (CoC) or Declaration of Conformity (DoC) is the document issued by the manufacturer for each automobile upon its release according to EC or UNECE regulations.

12. Same type vehicles are automobiles with identical basic technical parameters in the Certificate of Conformity and the same type approval number mentioned in the VTA according to the United Nations Economic Commission for Europe (UNECE) or the European Commission (EC).

13. Same type parts are parts with the same type approval number mentioned in the Type Approval Certificate according to UNECE regulations.

14. Certificate of Origin (C/O) is the document issued by authorized organizations or agencies of the exporting country or territory indicating that the goods originate from the European Union, the United Kingdom, and Northern Ireland.

15. VIN decoding sheet is the document provided by the automobile manufacturer explaining the characters displayed on the Vehicle Identification Number (VIN) for each type of vehicle.

16. Recall of automobiles is the action taken by the importer, authorized by the foreign manufacturer, to address defects in automobiles resulting from design, manufacture, production, or assembly that have been released to the market in order to prevent potential hazards.

17. Inspection Agency refers to the Vietnam Vehicle Registration Bureau responsible for organizing the inspection and certification of technical safety quality and environmental protection for imported automobiles and parts in accordance with this Decree.

 

Chapter II

PROCEDURES AND REGULATIONS ON INSPECTION AND CERTIFICATION OF TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL PROTECTION

 

Article 4. Registration file for inspection (paper version or electronic version)

1. Registration file for inspection for imported automobiles

a) The quality and technical safety inspection registration form for imported automobiles for environmental protection according to the model prescribed in Appendix I attached to this Decree;

b) Information form on imported motor vehicles according to the model prescribed in Appendix IV attached to this Decree;

c) Original Certificate of Conformity issued for each automobile;

d) Type approval certificate VTA;

đ) COP documentation issued to automobile manufacturers;

e) Certificate of Origin (C/O) documentation;

g) Vehicle Identification Number (VIN) decoding form provided by the vehicle manufacturer;

h) Commercial invoice with list of goods;

i) Goods import declaration for paper files or number, date, month, year of the goods import declaration for electronic files.

The documents specified in points d, đ, e, g, h, and i of Clause 1, Article 4 of this Decree shall be certified copies provided by the automobile importer.

2. Registration file for inspection for imported spare parts

a) Quality and technical safety inspection registration form for imported spare parts for environmental protection according to the model prescribed in Appendix II attached to this Decree;

b) Information form on spare parts according to the model prescribed in Appendix XII attached to this Decree; photographs of each type of spare part product (overall photographs of the product from two opposite sides and all labels and markings on the product);

c) COP documentation issued to spare part manufacturers;

d) Type approval certificate TA;

đ) Certificate of Origin (C/O) documentation;

e) Commercial invoice with list of goods;

g) Goods import declaration for paper files; number, date, month, year of the goods import declaration for electronic files.

The documents specified in points c, d, đ, e, and g of Clause 2, Article 4 of this Decree shall be certified copies provided by the spare part importer.

Article 5. Procedures and methods of implementation

1. Submitting the registration file for inspection

a) For imported automobiles

The importer prepares one set of registration file for inspection according to the provisions of Clause 1, Article 4 of this Decree and submits it to the Inspection Authority through the national single window portal (submitting electronic files). In cases of force majeure, the importer may submit paper files to the Inspection Authority.

For the first time imported automobile types entering Vietnam, at the time of registration for inspection, the importer must provide the documents specified in points a, b, c, d, đ, e, g, h of Clause 1, Article 4 (for the Certificate of Conformity, in case of submitting electronic files, the importer submits one representative copy for each type on the national single window portal and supplements all original Certificates of Conformity of the vehicles in the imported batch to the Inspection Authority before the actual vehicle inspection). The document specified in point i of Clause 1, Article 4 must be submitted when requesting an actual inspection.

For imported automobile types that have already been granted a Certificate of Quality and Technical Safety and Environmental Protection for Imported Motor Vehicles according to this Decree, at the time of registration for inspection, the importer must provide the documents specified in points a, b, c, e, h of Clause 1, Article 4 (for the Certificate of Conformity, in case of submitting electronic files, the importer submits one representative copy for each type on the national single window portal and supplements all original Certificates of Conformity of the vehicles in the imported batch to the Inspection Authority before the actual vehicle inspection). The document specified in point i of Clause 1, Article 4 must be submitted when requesting an actual inspection. The importer is responsible for providing the Certificate of Quality and Technical Safety and Environmental Protection for Imported Motor Vehicles number issued by the Inspection Authority for the same type of vehicle in the initial registration file so that the Inspection Authority has the basis to trace documents serving the inspection work.

When the COP documentation expires, the importer must supplement new COP documentation. If unable to provide COP documentation, the importer must provide a report on the quality assurance assessment results and within 90 days, the importer must supplement valid COP documentation.

b) For imported spare parts

For the first time imported spare part types entering Vietnam, the importer prepares one set of registration file for inspection according to the provisions of Clause 2, Article 4 of this Decree and submits it to the Inspection Authority through the national single window portal (submitting electronic files). In cases of force majeure, the importer may submit paper files to the Inspection Authority.

At the time of registration for inspection, the importer must provide the documents specified in points a, c, d, đ, and e of Clause 2, Article 4 of this Decree. Documents specified in points b and g must be submitted within 15 working days from the date of customs clearance.

For imported spare part types that have already been granted a Notification of Exemption from Quality and Technical Safety Inspection for Imported Spare Parts according to this Decree, the importer is exempted from preparing a registration file for inspection but must report the import situation of these spare part types to the Inspection Authority every 12 months according to the model prescribed in Appendix VIII attached to this Decree for monitoring. The Inspection Authority has the right to conduct random inspections of imported batches if violations regarding quality and technical safety or complaints about the quality and technical safety of imported spare parts are discovered.

2. Receiving the registration file for inspection

The inspection agency shall accept, examine the registration file components for inspection and issue results within a maximum of 01 working day, specifically as follows: In cases where the registration file for inspection is complete as prescribed, the inspection agency shall sign to confirm on the Inspection Registration Form for technical safety quality and environmental protection, automatically generate the registration number for inspection, and send it through the national single window portal (for electronic files) or issue the registration number for inspection, sign to confirm on the Inspection Registration Form for technical safety quality and environmental protection, return it to the importer (for paper files) so that the importer can proceed with import procedures with the customs office at the port; in cases where the registration file for inspection is incomplete as prescribed, the inspection agency shall notify on the national single window portal (for electronic files) or notify according to the model prescribed in Appendix III attached to this Decree (for paper files) for the importer to supplement and amend.

The inspection agency has the right to refuse to accept the registration file for inspection and notify the importer on the national single window portal (for electronic files) or notify according to the model prescribed in Appendix III attached to this Decree (for paper files) in the following cases: In cases where automobiles or parts pose a threat to safety or the environment; in cases where the importer fails to present the vehicle for inspection for the previous consignment and more than 15 days have passed since the date of opening the registration file for inspection (except in cases of force majeure).

3. Inspection

a) For imported automobiles

The importer sends to the inspection agency the Confirmation Form of the Inspection Plan according to the model prescribed in Appendix XI attached to this Decree through the national single window portal along with the number, date, month, and year of the Import Declaration Form (for electronic files) or the Confirmation Form of the Inspection Plan according to the model prescribed in Appendix XI attached to this Decree along with a copy of the Import Declaration Form (for paper files). Within a period not exceeding 01 working day from the date of inspection requested by the importer on the Confirmation Form of the Inspection Plan, the inspection agency must carry out the inspection. In cases of force majeure preventing the inspection (such as natural disasters, epidemics...), the inspection agency will coordinate with the importer to conduct the inspection at a suitable time.

The content of the inspection is as follows:

The inspection agency shall perform an examination of the consistency of the contents of the documents in the registration file for inspection and inspect a random sample of each type listed in the registration file for inspection against the Certificate of Factory Conformity of the vehicle and check the chassis number and engine number of all vehicles. In cases where the documents in the registration file for inspection are inconsistent or the actual vehicle does not match the registration file for inspection, within 04 working days, the inspection agency shall notify on the national single window portal (for electronic files) or notify according to the model prescribed in Appendix III attached to this Decree (for paper files) for the importer to supplement and amend the file or cancel the file to proceed with import procedures for imported vehicles outside the scope regulated by this Decree.

In cases where automobiles are equipped with advanced driver assistance systems (ADAS), if the manufacturer assesses these systems as unsuitable for use in traffic in Vietnam, the manufacturer recommends and guides the importer to deactivate part or all of these systems after completing the import procedures and must ensure providing full information to customers.

b) For imported parts: The inspection agency shall perform an examination of the file content within 07 working days from the date of receiving all required documents as prescribed, if the file is not valid, the inspection agency shall notify on the national single window portal (for electronic files) or notify according to the model prescribed in Appendix III attached to this Decree (for paper files) for the importer to supplement and amend.

4. Issuance of the Certificate of Technical Safety Quality and Environmental Protection for Imported Motor Vehicles (hereinafter referred to as the Certificate):

Within a period not exceeding 04 working days from the date of completion of the inspection meeting requirements and the file being evaluated as complete and valid as prescribed, the inspection agency shall issue the Certificate through the national single window portal (for electronic files) or on paper (for paper files) for each vehicle in the entire consignment of imported vehicles according to the model prescribed in Appendix V attached to this Decree.

In cases where imported automobiles fall under the category prohibited from importation as prescribed in Government Decree No. 69/2018/NĐ-CP dated May 15, 2018, issue the Notification of Motor Vehicles Belonging to the Prohibited Import List according to the model prescribed in Appendix VI attached to this Decree through the national single window portal (for electronic files) or on paper (for paper files).

5. Issuance of the Notification of Exemption from Technical Safety Quality Inspection for Imported Parts (hereinafter referred to as the Notification of Exemption): Within 04 working days from the date the file is evaluated as complete and valid as prescribed, the inspection agency shall issue the Notification of Exemption according to the model prescribed in Appendix VII attached to this Decree through the national single window portal (for electronic files) or on paper (for paper files). The validity of the Notification of Exemption corresponds to the validity of the COP Document.

6. Handling in cases of delay in presenting the vehicle for inspection: In cases where more than 15 days have passed since the date of opening the registration file for inspection and the importer has not presented the vehicle for inspection, the inspection agency shall notify the customs authority to jointly inspect the vehicle at the storage location, serving as the basis for issuing the inspection result and processing customs procedures for the consignment.

Article 6. Principles for Issuing Certificates

1. For electronic files: Issue the paper version of the Certificate when the relevant authority has not yet implemented the connection to use electronic data with the inspection agency.

2. For paper files, the copies of the Certificate issued include: the retention copy, the copy used to process customs procedures, the copy used to collect preliminary registration fees and vehicle registration.

3. The Certificate (electronic or paper version) shall be used for the following purposes: processing customs procedures; collecting preliminary registration fees; registering vehicles; initial circulation inspection or to process other procedures upon request of the competent authority.

Article 7. Regulations on Reissuing Certificates, Exemption Notifications

1. Certificates and Exemption Notifications shall be reissued in cases of loss, damage, or expiration of validity.

2. The importer submits one set of application documents for reissuing the Certificate or Exemption Notification to the Inspection Agency through the national single window portal. In case of force majeure, the importer may submit the paper application documents to the Inspection Agency. The documents include:

a) A request for reissuing the Exemption Notification as stipulated in Appendix IX attached to this Decree (in case of expiration); A request for reissuing the Certificate or Exemption Notification as stipulated in Appendix X attached to this Decree (in case of loss or damage);

b) The original Certificate or Exemption Notification (in case of damage);

c) Newly renewed COP documentation (in case of Exemption Notification expiration).

3. Method of reissuance due to loss

a) If the application documents comply with regulations, within four working days, the Inspection Agency will notify in writing the importer and customs, tax, and police authorities; if the documents are incomplete, the Inspection Agency will guide the importer to complete the documents.

b) After twenty-four working days from the date of issuance of the notification mentioned in point a of this clause, if there is no feedback from related agencies, the Inspection Agency will issue a copy (of the paper or electronic version) of the Certificate or Exemption Notification; if reissuance is not granted, the Inspection Agency will provide a written response stating the reasons.

4. Method of reissuance due to damage: If the application documents comply with regulations, the Inspection Agency will issue the original Certificate or Exemption Notification within four working days; if reissuance is not granted, the Inspection Agency will provide a written response stating the reasons.

5. Method of reissuance when the Exemption Notification expires

Within four working days from the date the application documents are assessed as complete and valid, the Inspection Agency will issue a new Exemption Notification effective corresponding to the validity period of the newly renewed COP documentation.

If the newly renewed COP documentation cannot be provided, the importer must supply a report on the results of quality assurance assessment. Within four working days from the date the application documents are assessed as complete and valid, the Inspection Agency will issue a one-time Exemption Notification valid for ninety days.

Article 8. Regulations on Recalling Defective Vehicles

1. Vehicles subject to recall include:

a) Vehicles recalled according to the manufacturer's announcement;

b) Vehicles recalled at the request of the Inspection Agency. The request for recall by the Inspection Agency is based on specific evidence and verification results of information reflecting the technical safety and environmental protection quality of imported vehicles.

2. Responsibilities of the Importer

In case vehicles already sold on the market have technical defects requiring recall, the importer must perform the following tasks:

a) Within no more than five working days from the date of receiving the recall notice from the manufacturer or the Inspection Agency, the importer must notify in writing to sales agents to stop selling recalled vehicles that have not been repaired;

b) Within no more than ten working days from the date of receiving the recall notice from the manufacturer or the Inspection Agency, the importer must submit to the Inspection Agency a written report containing the following contents: cause of the technical defect; remedial measures; number of vehicles to be recalled; appropriate recall plan;

c) Proactively implement and comply strictly with the recall plan, while the importer must promptly and fully disclose information about the recall plan and list of vehicles to be recalled on their website and those of sales agents.

3. Responsibilities of the Inspection Agency

a) Notify the importer in writing about the acceptance of the recall plan and additional requirements for the recall program (if any);

b) Require the importer to carry out the recall;

c) Publish information about recalled vehicles on the Inspection Agency's website;

d) Monitor and inspect the implementation of the recall by the importer according to the plan;

e) Temporarily suspend quality certification procedures for importers who fail to fulfill responsibilities as stipulated in Clause 2 of this Article;

f) The Inspection Agency will consider suspending inspection and quality certification procedures for vehicles of the same manufacturer if the importer provides evidence that the manufacturer does not cooperate in implementing the recall plan;

g) For recalled vehicles that have not yet received a Certificate from the Inspection Agency, the Inspection Agency will notify the customs authority where the import declaration is filed to allow the importer to temporarily release the goods for the importer to repair the recalled vehicles. After the importer provides a list of vehicles that have been repaired according to the manufacturer's specifications, the Inspection Agency will continue to process the inspection and certification procedures as prescribed.

Chapter III

RESPONSIBILITIES OF AUTHORITIES AND ORGANIZATIONS

 

Article 9. Responsibilities of the Importer

1. Shall be responsible for the truthfulness, accuracy, validity, and legality of the documents provided to the inspection authority.

2. Shall be responsible for the quality of imported goods in accordance with the provisions of the law.

3. Ensure that imported vehicles remain in their original condition for the inspection authority to conduct inspections.

4. Cooperate with the inspection authority during the process of inspecting technical safety and environmental protection quality.

5. In case of electronic transaction incidents on the national single window portal, the importer must notify the management agency of the national single window portal to coordinate in handling.

6. Pay fees, charges, and service prices as prescribed by law.

7. Report in writing to the inspection authority annually and immediately after the recall period ends according to the plan.

Article 10. Responsibilities of the Inspection Authority

1. Uniformly issue and manage Certificates and shall be responsible for the results of inspections and certifications.

2. Conduct random inspections of imported parts consignments when discovering or receiving complaints or reports about the quality of imported goods.

3. Coordinate with importers and the management agency of the national single window portal to handle electronic transaction incidents as prescribed.

4. Collect fees, charges, and service prices related to inspections and issuance of quality certificates as prescribed by law.

5. Store records in accordance with the provisions of the law.

6. Summarize the results of technical safety and environmental protection quality inspections of imported vehicles to report to the Ministry of Transport.

 

Chapter IV

IMPLEMENTATION

 

Article 11. Effective Date

1. This Decree takes effect from October 1, 2023, and applies specifically to the following subjects:

a) For parts: From the date this Decree takes effect.

b) For vehicles: From August 1, 2025.

2. Imported parts and vehicles arriving at Vietnamese ports or border gates before the effective date specified in this Decree shall not be subject to the provisions of this Decree.

Article 12. Implementation Organization

1. The Ministry of Transport shall be responsible for organizing and guiding the implementation of this Decree.

2. The Minister, Head of a ministerial-level agency, Head of an agency under the Government, Chairman of the People's Committees of provinces and centrally governed cities, and relevant organizations and individuals shall be responsible for implementing this Decree./.