Decree No. 87/2016/ND-CP on conditions for operating motorcycle and motorbike helmet businesses

DECREE

Provisions on conditions for trading motorcycle helmets

for motorbike and bicycle riders

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Technical Standards and Regulations dated June 29, 2006;

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

Pursuant to the Road Traffic Law 2008 dated November 13, 2008;

Pursuant to the Investment Law dated November 26, 2014;

Pursuant to the Enterprise Law dated November 26, 2014;

Pursuant to the proposal of the Minister of Science and Technology;

The Government issues a Decree stipulating the conditions for trading motorcycle helmets for motorbike and bicycle riders.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree sets forth the conditions for producing, importing, and distributing motorcycle helmets for motorbike and bicycle riders (hereinafter referred to as motorcycle helmets).

Article 2. Applicability

1. This Decree applies to:

a) Businesses, households, and family businesses trading motorcycle helmets;

b) Agencies, organizations, and units related to the trading of motorcycle helmets.

2. This Decree does not apply to businesses producing, importing, and distributing motorcycle helmets for use in national security and defense sectors.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Trading motorcycle helmets includes activities such as producing, importing, and distributing motorcycle helmets in the domestic market.

2. Producing motorcycle helmets involves the entire process from manufacturing to assembling complete helmet products.

3. Distributing motorcycle helmets refers to the buying and selling activities of motorcycle helmet agents and retail stores in the domestic market.

Article 4. Provisions on motorcycle helmets

1. Motorcycle helmets must comply with technical regulations and quality management requirements set out in the national technical standards.

2. Fake motorcycle helmets include:

a) Helmets that resemble motorcycle helmets in appearance but lack their functional value as defined in current national technical standards;

b) Helmets that infringe intellectual property rights;

c) Helmets with counterfeit brand labels or packaging bearing the name and address of another business;

d) Helmets with counterfeit trade names or product names;

đ) Helmets with counterfeit labels or packaging indicating false origin or place of production;

e) Helmets with counterfeit or unauthorized marks certifying compliance with product quality standards.

Chapter II

CONDITIONS FOR TRADING MOTORCYCLE HELMETS

Section 1.

PRODUCTION OF MOTORCYCLE HELMETS

Article 5. Conditions for producing motorcycle helmets

1. They must be enterprises established in accordance with the law.

2. Having a quality management system established and implemented in accordance with the requirements of the national standard TCVN ISO 9001 or the international standard ISO 9001.

3. Having at least one technician with a college or higher degree in science or engineering, employed under a labor contract of at least 12 months or an indefinite-term labor contract.

4. Material and technical facilities:

a) Factory premises:

- The production site must have a specific and clear address;

- Adequate floor space for installing production equipment and quality inspection devices.

b) Production equipment:

The production line equipment must meet technical requirements to produce motorcycle helmets that comply with national technical standards and published standards, including: molding (casting/extrusion) machines and molds suitable for producing helmet shells; molding (casting) machines and molds suitable for producing shock-absorbing layers (foam); riveting machines (used to join component parts); or integrated equipment meeting the requirements of these devices.

c) Quality inspection equipment:

Having a testing laboratory or renting one from another organization or business capable of testing the quality indicators of motorcycle helmets in accordance with national technical standards and published standards. The testing laboratory must have the capacity to meet the requirements specified in the national standard TCVN ISO/IEC 17025 or the international standard ISO/IEC 17025.

Article 6. Competence and Documents for Issuing the Certificate of Eligibility to Produce Helmets

1. The Ministry of Science and Technology has the authority to issue new, reissue, and amend the contents of the Certificate of Eligibility to Produce Helmets (hereinafter referred to as the Certificate) for enterprises that meet the conditions stipulated in Article 5 of this Decree.

2. Receiving agency:

The Standardization, Measurement, and Quality Control General Department is the agency responsible for receiving applications for the Certificate of Eligibility to Produce Helmets.

3. For new issuance, the documents include:

a) An application form for the Certificate according to Model No. 01 attached as an appendix to this Decree;

b) Documentation and procedures demonstrating the implementation of a quality management system that meets the requirements set forth in the national standard TCVN ISO 9001 or the international standard ISO 9001.

In cases where the enterprise already possesses a Quality Management System Certificate as provided herein, the enterprise shall submit a copy of such certificate.

c) Employment contracts or recruitment decisions, copies of graduation certificates as stipulated in Clause 3 of Article 5 of this Decree;

d) A list of production equipment for helmets;

đ) A list of quality inspection equipment for helmets;

e) Documentation and procedures demonstrating the implementation of a quality management system for testing laboratories that meet the requirements set forth in the national standard TCVN ISO/IEC 17025 or the international standard ISO/IEC 17025.

In cases where the enterprise already possesses a Conformity Assessment Certificate as provided herein, the enterprise shall submit a copy of such certificate.

In cases where the enterprise hires external organizations to test helmet quality standards, the enterprise shall submit a copy of the contract signed with the competent testing organization as stipulated in point c, Clause 4 of Article 5 of this Decree.

4. For reissuance, the documents include:

a) An application form for reissuance of the Certificate according to Model No. 03 attached as an appendix to this Decree;

b) The original Certificate if it is damaged (if applicable) for cases where the Certificate is damaged.

5. For amendment of the contents, the documents include:

a) An application form for amending the contents of the Certificate according to Model No. 03 attached as an appendix to this Decree;

b) Documentation proving compliance with the production eligibility conditions stipulated in Article 5 of this Decree (for the amended and supplemented parts);

c) In cases where new types or models of helmets are added, the enterprise must submit documentation and evidence proving that the produced helmets comply with the national technical regulations on helmets.

Article 7. Methods of Submitting Applications

Enterprises shall prepare one set of documents in accordance with Article 6 of this Decree and submit them through one of the following methods:

1. In cases where the application is submitted directly at the Standardization, Measurement, and Quality Control General Department's headquarters, unauthenticated copies of certificates and documents as stipulated in Article 6 of this Decree must be accompanied by the originals for verification.

2. In cases where the application is sent via postal service, the enterprise must submit authenticated copies of certificates and documents as stipulated in Article 6 of this Decree.

3. In cases where the application is submitted through the Standardization, Measurement, and Quality Control General Department's electronic portal, the submission shall be conducted in accordance with the online public service procedure.

Article 8. Procedure for Issuing the Certificate of Eligibility for Helmet Production

1. In case of new issuance:

a) In case the application dossier is incomplete, within three working days from the date of receipt of the dossier, the General Department of Standardization, Metrology and Quality Control shall notify in writing the enterprise to amend and supplement the dossier;

b) In case the application dossier is complete and valid, within seven working days from the date of receipt of the dossier, the Ministry of Science and Technology shall be responsible for issuing the Certificate to the enterprise according to Model No. 02 attached as an appendix to this Decree. If refusal to issue, it must notify the enterprise in writing and specify the reasons;

c) In case the application dossier is complete but contains invalid contents or there are requests from competent state agencies or information reflecting signs of violations related to the dossier, the General Department of Standardization, Metrology and Quality Control shall organize on-site verification at the enterprise's headquarters and production site within seven working days from the date of receipt of the dossier. In case of objective factors, the verification team shall report to the General Department of Standardization, Metrology and Quality Control for consideration and decision to extend the verification period, but not exceeding seven working days;

d) Within three working days from the date of receipt of the verification minutes and the results of rectification, the Ministry of Science and Technology shall be responsible for issuing the Certificate to the enterprise according to Model No. 02 attached as an appendix to this Decree.

In case the verification results do not meet the requirements, the General Department of Standardization, Metrology and Quality Control shall notify the enterprise in writing and specify the reasons.

2. In case of reissuance:

a) The Certificate is reissued in case it is lost or damaged;

b) Within three working days from the date of receipt of a complete and valid dossier, the Ministry of Science and Technology shall be responsible for reissuing the Certificate to the enterprise.

3. In case of content adjustment:

a) The Certificate is adjusted in content in the following cases:

- When there is a change in the business registration address, production location, or name of the enterprise, or a change in the person responsible before the law;

- Change in the type or model of helmet that has been issued a Certificate.

b) In case the application dossier is complete and valid, within seven working days from the date of receipt of the dossier, the Ministry of Science and Technology shall be responsible for issuing the Certificate to the enterprise according to Model No. 04 attached as an appendix to this Decree. If refusal to issue, it must notify the enterprise in writing and specify the reasons;

c) In case the application dossier is complete but contains invalid contents or there are requests from competent state agencies or information reflecting signs of violations related to the dossier, the General Department of Standardization, Metrology and Quality Control shall organize verification of the adjusted registration content at the enterprise's headquarters and production site within seven working days from the date of receipt of the dossier. In case of objective factors, the verification team shall report to the General Department of Standardization, Metrology and Quality Control for consideration and decision to extend the verification period, but not exceeding seven working days.

Within three working days from the date of receipt of the verification minutes and the results of rectification, the Ministry of Science and Technology shall be responsible for issuing the Certificate to the enterprise according to Model No. 04 attached as an appendix to this Decree.

In case the verification results do not meet the requirements, the General Department of Standardization, Metrology and Quality Control shall notify the enterprise in writing and specify the reasons.

Article 9. Revocation of the Certificate of Helmet Production Conditions

1. Circumstances for revocation:

a) The certificate has been altered or its contents have been tampered with;

b) False or fraudulent documents were submitted in the application, reissue, or amendment of the certificate's content;

c) Other cases as prescribed by law.

2. The Ministry of Science and Technology shall carry out the revocation of the issued certificate, officially notify the enterprise and relevant agencies of the revocation, and publish the information on the Ministry of Science and Technology's electronic portal (National Standardization Agency).

Section 2

IMPORT AND DISTRIBUTION OF HELMETS

Article 10. Conditions for Importing Helmets

1. They must be enterprises established in accordance with the law.

2. Quality management measures must be implemented in accordance with national technical regulations for imported helmets before clearance.

Article 11. Conditions for Distributing Helmets

1. It must be a business established in accordance with the law; or a household business registered in accordance with the Government’s regulations on business registration.

2. Helmet retail outlets and dealerships:

a) Must have a specific location and clear address;

b) Must display a sign clearly indicating that it is a helmet dealership or retail outlet for motorbike and motorcycle riders, which must be affixed or hung at a visible position on the front exterior of the dealership or store.

Chapter III

IMPLEMENTATION

Article 12. Responsibilities of Ministries, Sectors, and Provincial People's Committees under Central Government

1. Ministry of Science and Technology:

a) Lead and coordinate with relevant ministries and sectors to develop national standards and technical regulations for helmets; announce national standards for helmets; issue national technical regulations for helmets;

b) Manage quality in helmet business activities;

c) Lead and coordinate with the Ministry of Industry and Trade, the Ministry of Public Security, provincial people's committees under central government, and other related agencies to organize inspections, examinations, and handling of violations of laws regarding business conditions and helmet quality as stipulated in this Decree and other relevant laws.

2. The Ministry of Industry and Trade:

a) Lead the inspection, examination, and handling of violations of laws in helmet distribution activities. In case of discovering any violation during the inspection and examination process, they shall coordinate with the Ministry of Science and Technology to conduct inspections, examinations, and handle violations of laws regarding business conditions and helmet quality in production and import activities as stipulated in this Decree and other relevant laws;

b) Coordinate with the Ministry of Science and Technology, the Ministry of Public Security, provincial people's committees under central government, and other related agencies to inspect, examine, and handle violations of laws regarding business conditions and helmet quality in production and import activities as stipulated in this Decree and other relevant laws.

3. Ministry of Public Security:

Coordinate with the Ministry of Industry and Trade, the Ministry of Science and Technology to inspect, examine, and handle violations of laws regarding business conditions and helmet quality in production, import, and distribution activities as stipulated in this Decree and other relevant laws.

4. Ministry of Transport:

Lead and coordinate with the National Traffic Safety Committee to intensify propaganda and dissemination of laws concerning helmet business and usage as stipulated in this Decree and other relevant laws.

5. People's Committees of provinces and centrally-administered cities:

a) Coordinate with the Ministry of Industry and Trade, the Ministry of Science and Technology, and the Ministry of Public Security to strengthen inspections, examinations, and handling of violations of laws in helmet production, import, and distribution activities within their jurisdiction as stipulated in this Decree and other relevant laws;

b) Direct the receipt of notification documents from helmet manufacturing and importing enterprises and helmet distributing enterprises, households, and families.

Article 13. Responsibilities of enterprises producing and importing motorcycle helmets and enterprises, households, and families distributing motorcycle helmets

1. Responsibilities of enterprises producing and importing motorcycle helmets:

a) Implement quality management requirements as prescribed during the production and importation of motorcycle helmets; retain helmet quality records (Certificates of Compliance, Notifications of Record Acceptance, Public Announcements of Compliance or Notifications of National Quality Inspection Results for Imported Goods);

b) Publicly list the distribution network of retail stores selling motorcycle helmets under their system on the enterprise's website or post it at the enterprise's headquarters; provide certified copies (true copies) of the Helmet Compliance Certificates to retail stores meeting the conditions stipulated in Article 11 of this Decree;

c) Notify in writing the name and address of the enterprise producing or importing motorcycle helmets and the person responsible for compliance with the law to the People's Committee of the commune, market management agencies, and science and technology agencies in the locality where the enterprise is registered within seven days from the date of issuance of the Certificate of Eligibility for Helmet Production (for production enterprises) or from the date of commencement of helmet import business (for import enterprises);

d) Report annually or upon request to the Ministry of Science and Technology on the situation of helmet production and importation.

2. Responsibilities of enterprises, households, and families distributing motorcycle helmets:

a) Sell helmets that comply with the provisions of Clause 1, Article 4 of this Decree;

b) Notify in writing the name and address of the distributor or retail store selling helmets and the person responsible for compliance with the law to the People's Committee of the commune where the business is conducted within seven days from the start of helmet sales;

c) Retain certified copies (true copies) of the Helmet Compliance Certificates provided by the enterprise producing or importing helmets at the place of sale.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Decree takes effect from July 1, 2016.

Article 15. Transitional Provisions

1. Within twelve months from the effective date of this Decree, enterprises currently engaged in helmet production must review their conditions and complete procedures to obtain the Certificate of Eligibility for Helmet Production as prescribed in this Decree.

2. Within six months from the effective date of this Decree, enterprises currently engaged in helmet importation; enterprises, households, and families currently engaged in helmet distribution must review their conditions to comply with the provisions of this Decree.

Article 16. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.