Circular No. 62/2024/TT-BGTVT amends and supplements certain provisions of Circular No. 12/2022/TT-BGTVT on the list of products and goods that may cause safety risks under the management responsibility of the Ministry of Transport. The new regulations require quality certification for technical safety and environmental protection for imported and domestically produced products before they are put on the market.
Đối tượng áp dụng
Ministry of Transport, Vietnam Highway Administration (now Vietnam Road Administration Bureau), domestic production and assembly enterprises, and import enterprises.
Các điểm cốt lõi
- Domestic production and assembly enterprises → must obtain quality certification for technical safety and environmental protection before putting products on the market (Article 1.2.a).
- Import enterprises → must obtain quality certification for technical safety and environmental protection after customs clearance and before putting products on the market (Article 1.2.b).
- Goods that have been granted a registration certificate for quality inspection of technical safety and environmental protection before the effective date of this Circular → continue to complete procedures according to the regulations at the time of issuance of the registration certificate (Article 2.2).
- Imported goods not included in the new list of products and goods but have declared customs declaration forms before the effective date of this Circular → continue to complete import procedures according to the regulations at the time of declaration (Article 2.3).
- Director of Vietnam Road Administration Bureau → replaces the position of Director General of Vietnam Highway Administration (Article 1.4).
🌐 Tác động xã hội từ văn bản này
- Positive impact: Ensuring technical safety and environmental protection for products and goods on the market.
- Negative impact: Increasing certification costs for enterprises, which may cause difficulties in the importation and production of goods.
❓ Câu hỏi thường gặp
What should enterprises do before bringing products to the market?
For domestically produced and assembled products: Must obtain quality certification for technical safety and environmental protection before putting them on the market (Article 1.2.a). For imported products: Must obtain certification after customs clearance and before putting them on the market (Article 1.2.b).
Can goods that have been granted a registration certificate for quality inspection of technical safety and environmental protection continue to be used?
Yes, goods that have been granted a registration certificate before the effective date of this Circular can continue to complete procedures according to the regulations at the time of issuance of the registration certificate (Article 2.2).
Do enterprises importing goods not included in the new list need to do anything?
No, enterprises can continue to complete import procedures according to the regulations at the time of declaration of customs declaration forms (Article 2.3).
Are there any changes in positions in this Circular?
Yes, the position of 'Director General of Vietnam Highway Administration' has been replaced by 'Director of Vietnam Road Administration Bureau' (Article 1.4).
When does this Circular take effect?
This Circular takes effect from February 15, 2025 (Article 2.1).
Toàn văn
CIRCULAR
Amending and supplementing some articles of Circular No. 12/2022/TT-BGTVT dated June 30, 2022 issued by the Minister of Transport
stipulating the list of products and goods that may cause safety hazards under the management responsibility of the Ministry of TransportPursuant to Law on Product Quality and Goods No. 05/2007/QH12 dated November 21, 2007;
Pursuant to Law on Traffic Order and Safety on Roads No. 36/2024/QH15
Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing and guiding implementation of certain provisions of the Law on Product Quality and Goods;
____________
Pursuant to Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government;
Pursuant to Decree No. 154/2018/NĐ-CP dated November 9, 2018 of the Government amending, supplementing, and abolishing certain regulations on investment and business conditions in the field of management by the Ministry of Science and Technology and certain inspection regulations; Pursuant to Decree No. 13/2022/NĐ-CP dated January 21, 2022 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008, Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government detailing and guiding implementation of certain provisions of the Law on Product Quality and Goods and Decree No. 86/2012/NĐ-CP dated October 19, 2012 of the Government detailing and guiding implementation of certain provisions of the Law on Metrology; June 27, 2024;
The Minister of Transport hereby issues this Circular to amend and supplement some articles of Circular No. 12/2022/TT-BGTVT dated June 30, 2022 issued by the Minister of Transport stipulating the list of products and goods that may cause safety hazards under the management responsibility of the Ministry of Transport.
Article 1. Amending and supplementing some articles of Circular No. 12/2022/TT-BGTVT dated June 30, 2022 issued by the Minister of Transport stipulating the list of products and goods that may cause safety hazards under the management responsibility of the Ministry of Transport (hereinafter referred to as Circular No. 12/2022/TT-BGTVT)
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;
1. Amending and supplementing Clause 2, Article 3 of Circular No. 12/2022/TT-BGTVT as follows: "2. The list of products and goods specified in Appendix II attached hereto shall apply the following principles: For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;a) Imported products and goods must be certified for technical safety and environmental protection quality according to regulations after customs clearance and before being put on the market;
b) Products and goods produced and assembled domestically must be certified for technical safety and environmental protection quality according to regulations before being put on the market."
2. Abolishing Clause 3, Article 3 of Circular No. 12/2022/TT-BGTVT.
3. Removing the phrase "General Department" at Clause 1, Article 6 of Circular No. 12/2022/TT-BGTVT.
4. Replacing the phrase "Director of the General Department of Highway Administration" at Article 7 of Circular No. 12/2022/TT-BGTVT with the phrase "Director of the Highway Administration Department".
5. Replacing Appendix I and Appendix II attached to Circular No. 12/2022/TT-BGTVT with corresponding Appendices I and II attached hereto.
2. Goods imported not included in the list of products and goods specified in Appendices I and II attached hereto but included in the list of products and goods specified in Appendices I and II attached to Circular No. 12/2022/TT-BGTVT, which have been granted registration certificates for technical safety and environmental protection quality inspection for imported vehicles or imported vehicle parts before the effective date of this Circular, shall continue to complete the procedures for certification of technical safety and environmental protection quality according to the regulations at the time of issuance of such registration certificates.
3. Goods imported included in the list of products and goods specified in Appendices I and II attached hereto but not included in the list of products and goods specified in Appendices I and II attached to Circular No. 12/2022/TT-BGTVT, which have declared customs declarations before the effective date of this Circular, shall continue to complete import procedures according to the regulations at the time of declaration of such customs declarations./.
4. Replace the phrase "Director General of the Vietnam Highway Administration" in Article 7 of Circular No. 12/2022/TT-BGTVT with the phrase "Director of the Vietnam Road Administration".
5. Replace Appendix I and Appendix II issued together with Circular No. 12/2022/TT-BGTVT with the corresponding Appendices I and II issued together with this Circular.
Article 2. Effective Date
1. This Circular shall take effect from February 15, 2025.
2. Goods imported that are not included in the list of products and goods specified in Appendices I and II issued together with this Circular but are included in the list of products and goods specified in Appendices I and II issued together with Circular No. 12/2022/TT-BGTVT, which have been granted certificates of quality inspection for technical safety and environmental protection for imported vehicles or certificates of quality inspection for technical safety and environmental protection for imported motor vehicle parts before the effective date of this Circular, shall continue to complete the procedures for certification of quality, technical safety, and environmental protection according to the regulations at the time the inspection registration certificate was issued.
3. Goods imported that are included in the list of products and goods specified in Appendices I and II issued together with this Circular but are not included in the list of products and goods specified in Appendices I and II issued together with Circular No. 12/2022/TT-BGTVT, which have declared customs declarations before the effective date of this Circular, shall continue to complete the import procedures according to the regulations at the time of declaration of the customs declaration./.
DEPUTY MINISTER
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