| GOVERNMENT ——- |
SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ————— |
| No: 60/2023/ND-CP | Hanoi, August 16, 2023 |
DECREE
REGULATIONS ON INSPECTION AND CERTIFICATION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION OF IMPORTED CARS AND IMPORTED COMPONENTS UNDER INTERNATIONAL TREATIES OF WHICH VIETNAM IS A MEMBER
Pursuant to the Law on Government Organization dated June 19, 2015; Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
Pursuant to the Law on International Treaties dated April 9, 2016;
Pursuant to the Law on Product and Goods Quality 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 of Great Britain and Northern Ireland;
At the request of the Minister of Transport;
The Government promulgates a Decree regulating the inspection and certification of technical safety quality and environmental protection of imported cars and imported components according to international treaties to which Vietnam is a member.
Chapter I
GENERAL RULES
This Decree regulates the inspection and certification of technical safety and environmental protection quality for imported cars and imported components under the Agreements to which Vietnam is a member, and also belongs to the product list. , potentially unsafe goods are under the state management responsibility of the Ministry of Transport. The Agreements include:
1. Free trade agreement between the Socialist Republic of Vietnam and the European Union (hereinafter abbreviated as EVFTA Agreement).
2. Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland (hereinafter abbreviated as UKVFTA Agreement).
Article 2. Subjects of application
1. This Decree applies to importers and agencies, organizations and individuals involved in the management, inspection and certification of technical safety quality and environmental protection of imported cars and parts. import conditions according to international treaties to which Vietnam is a member stated in Article 1 of this Decree.
2. The provisions of this Decree do not apply to imported cars and imported car components for defense and security purposes according to the plan approved by the Prime Minister.
Article 3. Explanation of terms
In this Decree, the following terms are understood as follows:
1. Cars are unused complete cars of type M1 mentioned in Point a, Clause 1, Article 1, Appendix 2-B of the EVFTA Agreement.
2. Components are components, systems and unused details of cars mentioned in Points a and b, Clause 1, Article 1, Appendix 2-B of the EVFTA Agreement.
3. Unused components are components, systems and details that have not been used to manufacture or assemble cars or for any other purpose.
4. Unused cars are cars that have not been registered for circulation before being imported to Vietnam.
5. Vehicle Type Approval Certificate (English name is Vehicle Type Approval, abbreviated as VTA) is a Certificate of Automobile Type Approval according to UNECE or EC regulations (including documents on safety and environmental protection).
6. Component type approval certificate (English name is Type Approval, abbreviated as TA) is a component type approval certificate according to UNECE regulations (including TA attachments). .
7. Document on the results of quality assurance assessment (English name is Conformity of Production, abbreviated as COP) is a document showing the valid results of assessment of product quality assurance at the production facility. according to ECE and EC regulations (for cars), according to ECE regulations (for components) implemented by foreign competent agencies and organizations.
8. Quality assurance assessment results report (English name is COP Audit Report) is a document on the assessment results meeting the requirements to ensure product quality at the production facility of a competent agency or organization. foreign jurisdiction and is the basis for issuance of COP Documents.
9. Competent foreign agency or organization is an agency or organization that, according to the provisions of law, is approved, recognized, recognized by a foreign country and has the function of issuing: Certificate of automobile type approval , accessory; Documents on quality assurance assessment results for enterprises manufacturing and assembling automobiles and imported components.
10. Importer is an organization or individual that imports cars and components according to the provisions of law.
11. Factory Certificate is a document issued by the manufacturer to each car when leaving the factory according to EC regulations (English name is Certificate of Conformity, abbreviated as CoC) or UNECE (English name is Declaration of Conformance, abbreviated as DoC).
12. Cars of the same type are cars with the same basic technical specifications in the Factory Certificate and the same type approval number stated in the VTA according to the regulations of the United Nations Economic Commission for Europe. (UNECE) or the European Commission (EC).
13. Components of the same type are components with the same type approval number stated in the Component Type Approval Certificate according to UNECE regulations.
14. Certificate of Origin (English name: Certificate of Origin, abbreviated as C/O) is a document issued by a competent organization or agency in the country or territory of the exported goods. , to indicate that the goods originate from the European Union, the United Kingdom of Great Britain and Northern Ireland.
15. VIN decoding is a document from the car manufacturer that explains the characters shown on the VIN number for each vehicle model.
16. Car recall is an action taken by an importer under the authorization of a foreign manufacturer to a car that has been supplied with defects during the design, manufacturing, production, and assembly process. market to overcome and prevent possible dangers.
17. The inspection agency is the Vietnam Register, responsible for organizing the inspection and certification of technical safety quality and environmental protection of imported cars and imported components according to regulations in this Decree.
chapter II
PROCESS AND PROCEDURES FOR INSPECTION AND CERTIFICATION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION
Article 4. Inspection registration dossier (paper or electronic copy)
1. Inspection registration documents for imported cars
a) Registration form for quality inspection of technical safety and environmental protection of imported cars according to the form specified in Appendix I attached to this Decree;
b) Information sheet of imported motor vehicles according to the form specified in Appendix IV attached to this Decree;
c) Original factory release certificate issued for each car;
d) VTA type certificate;
d) COP documents issued to automobile manufacturers;
e) C/O origin documents;
g) Vehicle manufacturer's VIN decoding;
h) Commercial invoice with list of goods;
i) Import goods declaration for paper documents or number, date, month and year of imported goods declaration for electronic documents.
The documents specified in points: d, dd, e, g, h and point i of Clause 1 of this Article are copies certified by the vehicle importer.
2. Inspection registration documents for imported components
a) Registration form for quality inspection of technical safety and environmental protection of imported components according to the form specified in Appendix II attached to this Decree;
b) Information sheet about components according to the form specified in Appendix XII attached to this Decree; Photos of products and components of each type (photos of the overall product on two opposite sides and labels and symbols on the product);
c) COP documents issued to component manufacturers;
d) TA type certificate;
d) C/O origin documents;
e) Commercial invoice with list of goods;
g) Import goods declaration for paper documents; number, date, month, year of the import goods declaration for electronic records.
The documents specified in Points: c, d, dd, e and g of Clause 2 of this Article are copies certified by the component importer.
Article 5. Procedure and method of implementation
1. Submit application for inspection registration
a) For imported cars
The importer prepares 01 set of inspection registration documents according to the provisions of Clause 1, Article 4 of this Decree and submits them to the Inspection Agency online via the National Single Window Information Portal (electronic application submission). death). In case of force majeure, the importer can submit paper documents to the Inspection Agency.
For car types imported into Vietnam for the first time, at the time of registration for inspection, the importer must provide the documents specified in Points a, b, c, d, dd, e, g, h. Clause 1, Article 4 (specifically for the Ex-Factory Certificate, in case of electronic submission, the importer must submit 01 copy representing each type on the National Single Window Portal and additionally submit all original factory release certificate of the vehicles in that imported shipment to the inspection agency before inspecting the actual vehicle). Documents specified in Point i, Clause 1, Article 4 must be submitted when requesting a physical inspection.
For vehicle types that have been granted a Certificate of quality, technical safety and environmental protection for imported motor vehicles according to the provisions of this Decree, at the time of registration for inspection, the importer must provide the following documents: Documents specified in Points a, b, c, e, h, Clause 1, Article 4 (specifically for Factory Release Certificate, in case of electronic dossier submission, the importer submits 01 representative copy for each type). type on the National Single Window Portal and additionally submit all original copies of Factory Release Certificates of the vehicles in that imported shipment to the inspection agency before the actual vehicle inspection). Documents specified in Point i, Clause 1, Article 4 must be submitted when requesting a physical inspection. The importer is responsible for providing the number of Certificate of technical safety and environmental protection quality for imported motor vehicles issued by the Inspection Agency for the vehicle of the same type included in the first inspection registration dossier. so that inspection agencies have a basis to retrieve documents for inspection work.
When the COP Document expires, the importer must supplement a new COP Document. In case COP Documents cannot be provided, the importer must provide a Quality Assurance Assessment Results Report and within 90 days the importer must supplement the valid COP Documents.
b) For imported components
For components imported into Vietnam for the first time, the importer prepares 01 set of inspection registration documents according to the provisions of Clause 2, Article 4 of this Decree and submits them to the inspection agency online. through the National Single Window Information Portal (electronic filing). In case of force majeure, the importer can submit paper documents to the Inspection Agency.
At the time of registration for inspection, the importer must provide documents specified in Points: a, c, d, dd and point e, 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 of goods.
For types of components that have been issued a Notice of exemption from inspection of technical quality and safety of imported components according to the provisions of this Decree, the importer is exempted from opening an application for inspection but periodically every 12 months. The importer must report the import status of this type of component to the inspection agency according to the form specified in Appendix VIII attached to this Decree for monitoring. Inspection agencies have the right to conduct surprise inspections of imported shipments when detecting violations of technical safety quality or having complaints or denunciations about the technical safety quality of imported components.
2. Receive inspection registration documents
The inspection agency receives and checks the components of the inspection registration dossier and returns results within a maximum of 01 working day, specifically as follows: In case the inspection registration dossier is complete according to regulations, The inspection agency signs and confirms the Registration Form for quality inspection of technical safety and environmental protection, the system automatically issues an inspection registration number and sends it to the National Single Window Information Portal (for documents). electronic) or the inspection agency issues the inspection registration number, signs the registration for quality inspection of technical safety and environmental protection, and returns it to the importer (for paper documents) for the importer to import and carry out import procedures with the border gate customs office; In case the inspection registration dossier is not sufficient according to regulations, the inspection agency shall notify on the National Single Window Portal (for electronic records) or notify according to the form specified in Appendix III to this Decree. This regulation (for paper documents) is for the importer to supplement and amend.
The inspection agency has the right to refuse to accept the inspection registration dossier and notify the importer on the National Single Window Portal (for electronic records) or notify according to the form specified in Appendix III. attached to this Decree (for paper documents) for the following cases: In cases where the car or its components pose a threat to safety or the environment; In case the importer does not present the vehicle for inspection for the previous shipment and it is more than 15 days from the date of opening the inspection registration dossier (except in cases of force majeure).
3. Check
a) For imported cars
The importer sends to the Inspection Agency a confirmation of the inspection plan according to the form specified in Appendix imported goods (for electronic records) or Confirmation of inspection plan according to the form specified in Appendix XI attached to this Decree together with a copy of the Import Goods Declaration (for paper records). Within a period of no more than 01 working day from the inspection date requested by the importer on the Inspection Plan Confirmation, the Inspection Agency must carry out the inspection. In case of force majeure where inspection cannot be carried out (such as natural disasters, epidemics, etc.), the inspection agency agrees with the importer to conduct inspection in an appropriate time.
The content of the test is as follows:
The inspection agency checks the consistency of the content of documents in the inspection registration dossier and compares 01 random sample of each type in the inspection registration dossier with the Factory Release Certificate. of vehicles and check the chassis and engine numbers of all vehicles. In case the documents in the inspection registration dossier are inconsistent or the actual vehicle does not match the inspection registration dossier, within 04 working days, the Inspection Agency will notify on the National Single Window Information Portal. (for electronic records) or notify according to the form specified in Appendix III to this Decree (for paper records) for the importer to supplement, amend records or cancel records for clearance purposes. Import procedures for imported cars are beyond the scope of this Decree.
In case a car is equipped with advanced driver assistance systems (Advanced Driver Assistance Systems - ADAS), if the manufacturer evaluates these systems as not suitable for use in traffic in Vietnam, then Manufacturers recommend and instruct importers to deactivate part or all of these systems after completing import procedures and must ensure full information is provided to customers.
b) For imported components: The inspection agency shall check the content of the dossier within 07 working days from the date of receipt of complete documents as prescribed. If the dossier is not valid, the inspection agency shall notify Notice on the National Single Window Information Portal (for electronic records) or notify according to the form specified in Appendix III to this Decree (for paper records) for importers to supplement and amend.
4. Issuance of Certificate of technical safety quality and environmental protection for imported motor vehicles (hereinafter abbreviated as Certificate)
Within no more than 04 working days from the date of completion of the satisfactory inspection and the dossier is assessed as complete and valid according to regulations, the inspection agency shall issue a Certificate on the National Single Window Information Portal. (for electronic records) or paper copies (for paper records) for each vehicle in the entire batch of imported vehicles according to the form specified in Appendix V attached to this Decree.
In case imported cars are subject to import ban specified in Decree No 69/2018/ND-CP dated May 15, 2018 of the Government, issue a Notice of motor vehicles on the list of prohibited imports according to the provisions in Appendix VI attached to this Decree on the National Single Window Information Portal (for electronic records). or paper copy (for paper records).
5. Issuance of Notice of exemption from technical quality and safety inspection for imported components (hereinafter abbreviated as Exemption Notice): Within 04 working days from the date the dossier is assessed as complete and valid. According to regulations, the Inspection Agency shall issue a Notice of Exemption according to the form specified in Appendix VII attached to this Decree on the National Single Window Information Portal (for electronic records) or paper copies (for paper records). ). The validity of the Exemption Notice corresponds to the validity of the COP Document.
6. Handling of cases of delay in presenting the vehicle for inspection: If the importer does not present the vehicle for inspection after 15 days from the date of opening the inspection registration dossier, the inspection agency will Notify the customs authority to jointly inspect the vehicle at the storage location, as a basis for issuing inspection results and handling customs procedures for the shipment.
Article 6. Principles for issuing Certificates
1. For electronic records: Issue a paper copy of the Certificate when the relevant agency has not yet made the connection to use electronic data with the inspection agency.
2. For paper documents, the copies of the issued Certificate include: copy to save, copy used to handle customs procedures, copy used to collect registration fees and vehicle registration.
3. Certificates (electronic or paper copies) are used for the following purposes: Handling customs procedures; collect registration fees; vehicle registration; initial circulation inspection or to resolve other procedures when requested by a competent authority.
Article 7. Regulations on re-issuance of Certificates and Exemption Notices
1. Certificates and Exemption Notices can be re-issued in case of loss, damage or expiration.
2. The importer submits 01 set of documents to request re-issuance of Certificate or Exemption Notice to the Inspection Agency online through the National Single Window Information Portal. In case of force majeure, importers can submit paper documents to the Inspection Agency. Records include:
a) Written request for re-issuance of the Notice of Exemption specified in Appendix IX attached to this Decree (in case of expiration); Written request for re-issuance of Certificate or Notice of exemption specified in Appendix X attached to this Decree (in case of loss or damage);
b) Original Certificate or Exemption Notice (in case of damage);
c) Newly renewed COP document (in case the Exemption Notice expires).
3. How to reissue due to loss
a) In case the dossier is complete as prescribed, within 04 working days, the inspection agency shall notify in writing to the importer, customs, tax and police authorities; In case the dossier is incomplete, the Inspection Agency shall guide the importer to complete the dossier.
b) After 24 working days from the date of issuance of the document mentioned in Point a of this Clause, if no response is received from the relevant agencies, the inspection agency will issue a copy (of the paper version or of the electronic version) Certificate or Notice of exemption; In case of failure to re-issue, the inspection agency will respond in writing and clearly state the reason.
4. How to re-issue due to damage: In case the dossier is complete as prescribed, the inspection agency will re-issue the original Certificate or Exemption Notice within 04 working days; In case of failure to re-issue, the inspection agency will respond in writing and clearly state the reason.
5. How to re-issue when the Exemption Notice expires
Within 04 working days from the date the dossier is assessed as complete and valid, the Inspection Agency issues a new Exemption Notice with effect corresponding to the validity of the new COP Document.
In case the new COP Document cannot be provided, the importer will provide a Quality Assurance Assessment Results Report. Within 04 working days from the date the dossier is assessed as complete and valid, the inspection agency issues a one-time exemption notice valid for 90 days.
Article 8. Regulations on recalling cars with technical defects
1. Cars subject to recall include:
a) Cars recalled as announced by the manufacturer;
b) Cars recalled at the request of the inspection agency. The inspection agency's recall request is made on the basis of specific evidence and verification results of information reflecting the technical safety quality and environmental protection of imported cars.
2. Responsibilities of the importer
In case the cars already on the market have technical errors that require recall, the importer must perform the following tasks:
a) Within no more than 05 working days from the date of receiving the recall notice from the manufacturer or from the inspection agency, the importer must notify in writing the sales agents requesting not to sell. bring to market cars subject to recall that have not been resolved;
b) Within no more than 10 working days from the date of receiving the recall notice from the manufacturer or the inspection agency, the importer must send a written report to the inspection agency with the following contents: : cause of technical error; remedies; number of cars to be recalled; appropriate recall plan;
c) Proactively implement and comply with the recall plan, and at the same time the importer must publish information about the recall plan and the list of cars subject to recall on the importer's website, sales agents in a timely and complete manner.
3. Responsibilities of inspection agencies
a) Notify in writing the importer of receipt of the recall plan and additional requirements for the recall program (if any);
b) Require the importer to carry out a recall;
c) Information about recalled cars on the inspection agency's website;
d) Monitor and inspect the implementation of recall by importers according to plan;
d) Temporarily suspend quality certification procedures for car importers who do not fulfill their responsibilities as prescribed in Clause 2 of this Article;
e) The inspection agency will consider stopping inspection procedures and certification of technical safety and environmental protection quality for cars of the same manufacturer if the importer can provide evidence of the manufacturer. that does not coordinate to implement the recall plan;
g) For cars subject to recall that have not yet been issued a Certificate by the Inspection Agency, the Inspection Agency shall notify the customs authority where the import goods declaration is opened to allow the importer to temporarily release the goods. for importers to carry out repairs on vehicles subject to recall. After the importer provides a list of cars that have had their errors corrected according to the manufacturer's regulations, the Inspection Agency continues to carry out inspection and certification procedures according to regulations.
Chapter III
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS
Article 9. Responsibilities of importers
1. Responsible for the truthfulness, accuracy, validity and legality of documents provided to the inspection agency.
2. Be responsible for the quality of goods according to the provisions of law for the goods you import.
3. Ensure that the imported car is kept in its original condition so that the inspection agency can carry out the inspection.
4. Coordinate with inspection agencies in the process of checking technical safety quality and environmental protection.
5. In case an electronic transaction problem occurs on the National Single Window Information Portal, the importer must notify the National Single Window Information Portal management agency for coordinated resolution.
6. Pay fees, charges, and service prices as prescribed by law.
7. Report in writing to the inspection agency annually and immediately after the scheduled end of the recall.
Article 10. Responsibilities of inspection agencies
1. Unify issuance and management of Certificates and take responsibility for testing and certification results.
2. Carry out surprise inspections of imported components shipments when there are complaints or denunciations about the quality of imported goods.
3. Coordinate with importers and the National Single Window Portal management agency to handle electronic transaction problems according to regulations.
4. Collect fees, charges, and service prices related to inspection and issuance of quality certificates according to the provisions of law.
5. Store records according to the provisions of law.
6. Summarize the results of testing the quality of technical safety and environmental protection of imported cars to report to the Ministry of Transport.
Chapter IV
IMPLEMENTATION ORGANIZATION
Article 11. Effectiveness of implementation
1. This Decree takes effect from October 1, 2023 and specifically applies to the following subjects:
a) For components: From the effective date of this Decree.
b) For cars: From August 1, 2025.
2. Imported automobile components and automobiles arriving at Vietnamese ports and border gates before the effective date stated in this Decree do not apply the provisions of this Decree.
Article 12. Implementation organization
1. The Ministry of Transport is responsible for organizing and guiding the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally-run cities and relevant organizations and individuals are responsible for implementation This Decree./.
Recipients: – Party Central Committee Secretariat; – Prime Minister, Deputy Prime Ministers; – Ministries, ministerial-level agencies, and agencies under the Government; – People's Councils and People's Committees of provinces and centrally run cities; – Central Office and Party Committees; – Office of the General Secretary; - Office of the President; – Nationalities Council and Committees of the National Assembly; - Congress office; - Supreme People's Court; - People's Procuratorate of the Supreme; – State Audit; – Central Committee of Vietnam Fatherland Front; – Central agency of unions; – VPCP: BTCN, Deputy Directors, Assistant to the President, General Director of the Electronic Information Portal, Departments, Bureaus, affiliated units, Official Gazette; – Save: VT, CN (2) pvc. |
TM. GOVERNMENT KT. PRIME MINISTER VICE PRIME MINISTERTran Hong Ha |
