Circular No. 44/2012/TT-BGTVT of the Ministry of Transport: Regulations on quality inspection of technical safety and environmental protection of imported motorbikes and motorbikes and imported engines used for manufacturing and assembling motorbikes and mopeds

CIRCULARS

Regulations on quality inspection of technical safety and environmental protection of motorbikes and vehicles

Imported machinery and imported engines used for production,

Assembling motorbikes and mopeds

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

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

Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of a number of articles of the Law on Product and Goods Quality;

Pursuant to Decree No. 51/2008/ND-CP dated April 22, 2008 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the request of the Director of the Department of Science and Technology and the Director of the Vietnam Register,

The Minister of Transport promulgates a Circular stipulating the quality inspection of technical safety and environmental protection of imported motorbikes, mopeds and imported engines used to produce and assemble vehicles. motorbikes, motorbikes.

Chapter I

GENERAL RULES

Article 1. Scope

1. This Circular regulates the quality inspection of technical safety and environmental protection of imported motorbikes and motorbikes (hereinafter referred to as vehicles) and imported complete engines (hereinafter referred to as vehicles). referred to as engine) used to manufacture and assemble motorbikes and mopeds.
2. This Circular does not regulate:
3. a) Vehicles and engines imported for use for defense and security purposes by the Ministry of National Defense and the Ministry of Public Security;
4. b) Vehicles imported for other purposes, not for road traffic.

Article 2. Subjects of application

This Circular applies to organizations and individuals importing vehicles and engines and agencies and organizations involved in the management, inspection and testing of vehicles and engines.

Article 3. Explanation of terms

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

1. Motorcycles, motorbikesare types of motor vehicles operating on roads specified in National Technical Regulations QCVN 14: 2011/BGTVT - National technical regulations on technical safety quality and environmental protection for with motorbikes and mopeds.
2. Vehicle and engine of the same typeare vehicles and engines of the same industrial owner, same brand, design and technical specifications, produced on the same technological line.
3. Quality inspection agencyThe Vietnam Register under the Ministry of Transport is the state inspection agency responsible for organizing the management and quality inspection of technical safety and environmental protection for vehicles and engines within the scope of this regulation. amendments of this Circular (hereinafter referred to as Quality Inspection Agency).
4. Testing facilityis an organization qualified and designated to perform testing of vehicles and vehicle components according to corresponding national technical regulations and relevant legal documents.

chapter II

PROCEDURE AND CONTENT OF QUALITY INSPECTION, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION

Article 4. Inspection registration dossier

1. Vehicle inspection registration documents include:
2. a) Registration for quality inspection of imported vehicles (hereinafter referred to as Inspection Registration) according to the form in Appendix I attached to this Circular;
3. b) A copy of import documents certified by the importing organization or individual, including: Import goods declaration, commercial invoice or equivalent documents related to the value of goods;
4. c) Documents introducing the manufacturer's technical features for imported vehicles, showing the main parameters: Parameters on size, weight, number of people allowed to carry, high speed transmission type, clutch type, gearbox type, tire symbol and basic technical parameters of the engine: maximum capacity corresponding to engine rotation speed, engine working volume, type of fuel used;
5. d) A copy certified by the importing organization or individual of one of the following documents related to emissions (if any):

– Emissions test report issued by foreign competent agencies and organizations for the vehicle type, which records the test results of the tests specified in current national technical regulations.

– Certificate from a foreign competent authority certifying that the vehicle type has satisfied foreign emissions regulations that are equivalent to or higher than current national technical regulations.

Requirements for documents related to vehicle emissions do not apply to the subjects specified in Clause 5, Article 5 of this Circular.

d) Declaration of technical parameters and features of the vehicle (only applicable in cases where documents introducing technical features do not have enough content specified in Point c of this Clause) according to the form in Appendix II attached to the Circular This.

2. The registration dossier for engine inspection includes:
3. a) Registration for quality inspection of imported engines (hereinafter referred to as Inspection Registration) according to the form in Appendix I attached to this Circular;
4. b) A copy of import documents certified by the importing organization or individual, including: Import goods declaration, commercial invoice or equivalent documents related to the value of goods;
5. c) Document introducing the manufacturer's technical features for the imported engine, which shows some key parameters: Maximum torque, maximum power corresponding to the engine's rotation speed. , cylinder diameter, piston stroke, engine working volume, fuel type used, clutch type, transmission ratio;
6. d) Declaration of parameters and technical features of the engine (only applicable in cases where the document introducing technical features does not have enough content specified in Point c of this Clause) according to the form in Appendix III attached to the Circular. this private.
7. Cases that are exempted from inspection registration documents:
8. a) The type of vehicle or engine that has been inspected by the Quality Inspection Agency and issued a Certificate of technical safety and environmental protection quality is exempt from the dossier items specified in Points c, d, and dd, Clause 1 and Points c and d, Clause 2 of this Article.
9. b) Documents such as: Import goods declaration; Declaration of technical parameters and features; Documents related to vehicle emissions can be submitted by importing organizations and individuals before conducting inspection.

Article 5. Method and content of inspection

1. Inspection method: Inspection is carried out by means of inspection and sample testing for each batch of imported goods of the same type (hereinafter referred to as batch). The inspection sample is a vehicle or engine randomly taken by the Quality Inspection Agency from a shipment. The number of test samples depends on the number of goods in a shipment and is specified as follows:

2. Content of inspection and testing:
3. a) The content of vehicle inspection and testing is carried out in accordance with the provisions of National Technical Regulation QCVN 14: 2011/BGTVT.

In there:

– Exemption from separate testing for components as prescribed in sections: 2.4.1, 2.5.1, 2.6.1, 2.6.2, 2.11.2, 2.15.3, 2.16.3, 2.17.1.4;

– Vehicle emissions testing specified in section 2.18.1 is performed when:

+ The vehicle does not have documents related to emissions as prescribed in Point d, Clause 1, Article 4 of this Circular;

+ The vehicle has documents related to emissions, but the documents do not fully show the tests applicable to that type of vehicle as prescribed in National Technical Regulations QCVN 04: 2009/BGTVT “Technical Regulations National regulations on emissions from newly manufactured, assembled and imported motorbikes and motorbikes";

+ The vehicle's structure does not comply with emissions-related documents.

– Exemption from the evaporation test specified in QCVN 04: 2009/BGTVT.

1. b) The content of engine inspection and testing is carried out in accordance with the provisions of National Technical Regulations QCVN 37: 2010/BGTVT - National Technical Regulations on motorbike and moped engines.
2. Testing of inspection samples is performed at the Testing Facilities. After finishing the test, the test report is transferred to the Quality Inspection Agency, and the test sample will be returned to the importing organization or individual.
3. Exemption from testing of inspection samples in the following cases:
4. a) Vehicle types that have been inspected according to the Agreement or agreement on mutual recognition of standards and conformity that Vietnam is a signatory to;
5. b) For vehicle types and engines imported by the same organization or individual, which have been tested and certified for quality.

In case the shipment belonging to the subjects mentioned in Points a and b of this Clause shows signs of not ensuring quality, the Quality Inspection Agency shall inspect and test samples according to the provisions of Clauses 1, Clauses 2 and Clauses 3. of this Article.

5. Inspection of imported and temporarily imported vehicles for non-commercial purposes
6. a) Applies to the following cases:

– Vehicles imported under the movable property regime according to the provisions of law;

– Imported vehicles are non-refundable aid or gifts to agencies, organizations, and individuals;

– Vehicles imported according to separate regulations of the Prime Minister.

1. b) Inspection content: check and confirm the general parameters of the vehicle: vehicle type, vehicle condition, brand, type number, country of manufacture, year of manufacture, chassis number, engine number, package size , wheelbase, engine type, working volume and maximum engine power, clutch type, gearbox, transmission, fuel type, self mass, total mass, number of passengers carrying permit, tire symbol, brake type.

Article 6. Order and procedures for granting import quality certificates

1. Importing organizations and individuals shall prepare and submit directly to the Quality Inspection Agency 01 set of inspection registration documents as prescribed in Article 4 of this Circular;
2. The quality inspection agency receives and checks the inspection registration dossier. If the inspection registration dossier is not complete according to regulations, the Quality Inspection Agency shall guide importing organizations and individuals to supplement and complete it; If the inspection registration dossier is complete as prescribed, within 01 working day, the Quality Inspection Agency will confirm the Inspection Registration Form and agree with the importing organization and individual on the time and location. Test marks;
3. The Quality Inspection Agency conducts inspections of imported vehicles and engines at the location agreed with the importing organization or individual. Within 05 (five) working days from the date of completion of the inspection and the importing organization or individual submits complete documents as prescribed, the Quality Inspection Agency shall issue a Quality Certificate or Notification of non-quality as specified. after:
4. a) For vehicles and engines that meet quality standards and have complete documents as prescribed, the Quality Inspection Agency shall issue an import quality certificate according to the corresponding forms in Appendix IVa and IVb attached to this Circular.

During the inspection process, if the Quality Inspection Agency receives information from the vehicle manufacturer or foreign vehicle management agency officially announcing that the vehicle is subject to recall to repair and fix errors. The Quality Inspection Agency will only issue an import quality certificate after the importing organization or individual has a written commitment accompanied by a document from the manufacturer or the manufacturer's authorized facilities confirming the product. Imported vehicles have been repaired to fix errors and ensure safety.

1. b) For vehicles and engines that do not comply with current national technical regulations and standards, the Quality Inspection Agency shall notify importing organizations and individuals to correct within 30 days from the date of notification. . Past the above time limit, if the importing organization or individual has not taken remedial measures, the Quality Inspection Agency shall issue a Notice of unsatisfactory import quality according to the corresponding form in Appendixes Va and Vb attached to this Circular.

Chapter III

TERMS ENFORCEMENT

Article 7. Responsibilities of importing organizations and individuals

1. Responsible for the accuracy and truthfulness of documents provided to the Quality Audit Agency.
2. Present the vehicle and engine in their original state for the Quality Inspection Agency to carry out inspection and testing at the location agreed between the Quality Inspection Agency and the importing organization or individual.
3. Pay fees and charges for inspection, testing, and issuance of quality certificates according to current regulations.

Article 8. Responsibilities of the Vietnam Register

1. Guide importing organizations and individuals in ensuring quality, technical safety and environmental protection requirements for imported vehicles and engines.
2. Unified issuance and management of certificates.
3. Organize the inspection and testing of vehicles and engines according to current national technical regulations and standards.
4. Guidance on the process of checking quality, technical safety and environmental protection according to this Circular.
5. Collect fees related to inspection and issuance of certificates according to current regulations.
6. Store inspection records of imported vehicles and engines for a period of 3 years from the date of issuance of the certificate.
7. Periodically summarize the results of quality inspection of imported vehicles and engines and report to the Ministry of Transport.

Article 9. Implementation effect

1. This Circular takes effect from January 1, 2013.
2. Abolish the following documents:
3. a) Decision No. 57/2007/QD-BGTVT dated November 21, 2007 of the Minister of Transport promulgating regulations on inspection of technical safety quality and environmental protection of motorbikes and motorbikes imported machines and imported engines used to produce and assemble motorbikes and mopeds;
4. b) Article 1 of Circular 29/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on amending and supplementing a number of articles of regulations on technical safety quality inspection and environmental protection of imported motorbikes and motorbikes and imported engines used to manufacture and assemble motorbikes and motorbikes issued together with Decision No. 57/2007/QD-BGTVT dated December 21 November 2007 of the Minister of Transport and Regulations on quality inspection of technical safety and environmental protection in the production and assembly of motorbikes and motorbikes issued together with Decision No. 58 /2007/QD-BGTVT dated November 21, 2007 of the Minister of Transport.
5. Quality certificates issued before the effective date of this Circular are still valid.
6. In case the documents and reference documents in this Circular are changed or supplemented, the new documents shall apply.

Article 10. Implementation organization

Chief of the Ministry Office, Chief Inspector of the Ministry, Directors of Departments, Director of the Vietnam Register, Heads of relevant agencies, organizations and individuals are responsible for implementing this Circular.

Attachments