THE MINISTRY OF
TRANSPORT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 44/2012/TT-BGTVT
Hanoi, October 23, 2012
CIRCULAR
Stipulating the inspection of the technical quality, safety and environment
protection of imported motorbikes and imported engines for motorbike
manufacture and assembly
Pursuant to the Law on Road traffic dated November 13th 2008;
Pursuant to the Law on Product and goods quality dated November 21 st 2007;
Pursuant to Decree No. 132/2008/NĐ-CP dated December 31st 2008 of the
Government, detailing the implementation of a number of articles of the Law
on Product and goods quality;
Pursuant to the Government's Decree No. 51/2008/NĐ-CP dated April
22nd 2008, defining the functions, tasks, powers and organizational structure
of the Ministry of Transport;
At the proposal of the Director of the Department of Science and Technology,
and the Director of the Vietnam Register,
The Minister of Transport issued a Circular on the inspection of the technical
quality, safety, and environment protection of imported motorbikes, and
imported engines for motorbike manufacture and assembly.
Chapter 1
GENERAL PROVISION
Article 1. Scope of adjustment
1.This circular specifies the inspection of the technical quality , safety, and
environment protection of imported motorbikes, and imported engines for
motorbike manufacture and assembly.
2.This circular is not applied to :
a) Motorbikes and engines imported to serve purposes on defense or security
of Ministry of Defense and Ministry of Security;
b) Motorbikes imported to serve other purposes, except for transportation.
Article 2. Subjects of application
This Circular applies to organizations and individuals importing cars, motors
and other agencies and organizations involved in the managing , inspecting,
testing and motor and engines.
Article 3. Interpretation
In this Circular, the terms below are construed as follows:
1. Motorcycles and mopeds are the types of motor vehicles operating on roads
specified in National Technical Regulations QCVN 14: 2011/BGTVT National technical regulations on quality of
technical safety l and
environmental protection for motorcycles and mopeds.
2. Cars, engines of the same type as the car and engine of a host of industrial
property, the same brand, design and specifications, which are produced on
the same technology production line.
3. Quality inspection agency of Vietnam Registry Agency of the Ministry of
Transportation as state inspection agency taking responsible for organization
and management, technical safety control and environmental protection for
the motors and engines under the scope of this Circular (hereinafter referred
to as the QIA).
4. Testing facility is eligible organizations and be assigned to perform the
vehicle , vehicle component testing as national technical standard the
technical regulations and national legal texts concerned.
Chapter 2
Order and content of testing technical safety quality and environmental
protection
Article 4. The registration profile for checking
1. The registration profile for checking includes
a) The registration for quality control for imported vehicles (hereinafter
referred to as the test registration ) according to the form in Appendix I to this
Circular;
b) Photocopies of documents imported with certification of organizations and
individuals importing , including : imported goods declaration, commercial
invoice or equivalent document related to the value of goods;
c) Documents introducing the manufacturer's specifications for imported
vehicles, which represents the major parameters: The parameters of size,
weight, number of people allowed to carry, the highest velocity , transmission
type, clutch type, gearbox type, tire symbol and basic specifications of the
engine: the largest capacity to the rotational speed of the engine, the volume of
work of the engine, type of fuel used;
d) A certification of organizations and individuals in the import of a
document relating to emissions (if any) as follows:
- Emission test reports by foreign authorities for the type of vehicle that
satisfying the foreign emission regulation .
- Certificate of the competent authorities abroad to confirm the type of vehicle
meets the emissions regulations of foreign countries where regulations are
similar to or higher than the national technical regulations in force.
Request for documents related to the vehicle's emissions are not applicable to
the objects specified in paragraph 5 of Article 5 of this Circular.
e) Declaration parameters, technical features of the motor as the form in
Appendix II to this Circular.(only applicable in case of technical features do
not have enough content specified in this paragraph c)
2. Registration profile for checking engine includes:
a) A registration profile for checking quality of imported engines (hereinafter
referred to as the test registration) according to the form in Appendix I to this
Circular;
b) Photocopies of imported documents with certification of organizations and
individuals importing , include: import goods declaration, commercial invoice
or equivalent document related to the value of goods;
c) Documents showing the technical features of the manufacturer for
imported engine , which show a number of major parameters: maximum
torque, maximum power to the rotational speed of the engine ,diameter
cylinder, stroke, working volume of the engine, type of fuel used, the type of
clutch and transmission ratio of the gearbox;
d) Declaration for parameters, technical features of the engine as the form in
Appendix II attached to this Circular (only applicable in case of the
documents showing the technical features do not have enough content
specified in this paragraph c).
3. Cases enjoy free check or exemption check registration frofile:
a) Type of vehicle or engine has been checked and approved certification of
technical safety and environmental protection by QIA defined in profile c, d,
e, Clause 1 and c and d, Clause 2 of this Article.
b) Documents such as declarations of imported goods; declaration of
parameters, technical features , documentation related to vehicle emissions
that organizations or individuals can submit before the test .
Article 5. Inspection method and content
1. Method of test: The test is done by the method of inspection, testing
samples for each batch of imported goods of the same type (hereinafter
referred to as the shipment). Model for checking is motor or engine chosen
randomly in a shipment. The number of samples depends on the number of
goods in a batch and is defined as follows:
No.
The number of motor or engine in a shipment
The number of test samples
(unit :
(unit :
1
From 1 to 100
01
2
From over 100 to 500
02
3
Over 500
03
2. Content of inspecting and testing:
a) The inspecting and testing vehicles are done as national technical standards
QCVN 14: 2011/BGTVT.
Among them:
- Free check for component as prescribed in Section 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;
- The inspection of the vehicle emissions specified in Section 2.18.1 is done
when:
+ Vehicles having no documents relating to emissions under the provisions of
Clause 1 of Article 4 of this Circular;
+ Vehicles having documents relating to emissions, but the document do not
show fully test applying to vehicles as defined in the National Technical
Regulations QCVN 04: 2009/BGTVT " National Technical Regulations on
motorcycles emission, motorcycle production, assembly and new import ";
+ Vehicles with improperly structured documents related emissions.
- Free evaporate test as provisions QCVN 04: 2009/BGTVT.
b) The inspection, testing engine made in accordance with national technical
standards QCVN 37: 2010/BGTVT - National technical regulation on
motorcycle engines, motorcycle.
3. The sample testing is done at the testing facility. After finishing the test,
the test report shall be transferred to the QIA, samples test will be returned to
the organization or individual importing.
4. Free samples testing in the following cases:
a) The type of vehicle was inspected by agreements on mutual recognition of
standards and conformity which Vietnam has signed or acceded;
b) For the type of vehicles and engines by the same organizations, personal
import, has been tested, certified quality.
Where the shipment of those mentioned in points a, b of this paragraph do not
guarantee quality, QIA test samples as prescribed in Clauses 1, 2 and 3 of
this Article.
5. Check for vehicles imported, temporary imported for non-commercial
purposes
a) Applies to the following cases:
- Vehicles imported under the regime of movable assets in accordance with
law;
- Vehicle imported are non-refundable aid or gifts to agencies, organizations
and individuals;
- Vehicles imported under separate provisions of the Prime Minister.
b) The examination: verify general parameters of the vehicle: vehicle type,
vehicle condition, brand, type of water production, year of manufacture,
chassis number, engine number, size cover , wheelbase, engine type, the
volume of work and the maximum power of the engine, clutch type, gearbox,
transmission, fuel, mass itself, the entire volume, the number of people for
allowed to carry, tire symbol, type brakes.
Article 6. The order and procedures for certification of imports
1. Organizations and individuals prepare and submit import directly QIA 01
registration records check in accordance with Article 4 of this Circular;
2. QIA received and checked inspection records registration. If you check the
registration records are incomplete according to the QIA guide organizations
and individuals to import additional refinishing, If the registration dossier
fully tested as prescribed, within 01 working days, the QIA will confirm the
Registration and check consistency with organizations and individuals
importing the time and place of inspection;
3. QIA inspect vehicles, imported engines at locations agreed with the
organizations and individuals importing. In the range of 05 (five) working
days from the date of the inspection and organizations and individuals
importing complete the application in accordance with, the QIA certificate of
quality or substandard notice as follows:
a) For the car, the engine has enough quality and the specified profile, QIA
certified quality imported corresponding form in Annex IVa and IVb enclosed
with this Circular.
During testing, if QIA receive information from vehicle manufacturers or
agencies of foreign media official announcement cars subject to recall (recall)
to repair, fix errors QIA is only certified after importing quality organization
or individual can import text accompanying written commitment of the
manufacturer or the authorized facilities of the manufacturer to confirm the
import car repair work done and fix safety.
b) For motor vehicle and improper regulations, technical regulations
applicable national, QIA to inform organizations and individuals importing
remedied within 30 days from the date of notification . Past this time limit, if
the organization does not have to import individual remedies, the QIA
announcement substandard imports in the corresponding form Annex Va and
Vb attached herewith.
Chapter 3
Implementing Provisions
Article 7. Responsibilities of organizations and individuals importing
1. Responsible for the accuracy and truthfulness of the documents provided to
the QIA.
2. Present status quo car, QIA engine to perform the inspection and testing at
the site has been agreed between the QIA and organizations and individuals
importing.
3. Payment of fees and charges for the inspection, testing, quality certification
in accordance with current regulations.
Article 8. Responsibilities of the Vietnam Register
1. Guide organizations and individuals in ensuring import requirements for
quality and safety techniques to protect the environment and motor vehicle
imports.
2. Uniform issue, certificate management.
3. Organizations perform the inspection, testing and motor vehicle under the
regulations, national technical regulations in force.
4. Guide to quality control procedures and technical safety and environmental
protection in this Circular.
5. Collection of revenues related to the inspection and certification under the
current regulations.
6. Recordkeeping vehicle inspection, import engines for a period of 03 years
from the date of certification.
7. Periodically aggregate quality test results imported motor vehicles and
report to the Ministry of Transport.
Article 9. Effect
1. This Circular takes effect from 01 May 2013 01.
2. Abolish the following text:
a) Decision 57/2007/QD-BGTVT November 21, 2007 of the Minister of
Transport issued regulations on safety and quality inspection techniques and
environmental protection motorcycles, motorcycle machinery imports and
imported engines use to produce, assemble motorcycles and mopeds;
b) Article 1 of Circular 29/2011/TT-BGTVT April 15, 2011 of the Minister of
Transport amending and supplementing a number of articles of the regulations
on the safety and quality inspection techniques Technical and environmental
protection motorcycles, motorcycle engines imported and used to import
manufacturing, assembling motorcycles, motorcycle issued Decision No.
57/2007/QD-BGTVT day November 21, 2007 of the Minister of Transport
and Regulations on safety and quality inspection techniques and
environmental protection in the production and assembly of motor vehicles,
motorcycles, issued together with Decision No. 58/2007/QD-BGTVT
November 21, 2007 of the Minister of Transport.
3. Quality certificates had been issued before the effective date of this Circular
is still worth using.
4. In the case of text, documents referenced in this Circular may change or
supplement shall apply the new text.
Article 10. Organizations implement
Director of the Office, Chief Inspector of the Ministry, Head of Department,
Director of the Vietnam Register, heads of agencies, organizations and
individuals shall implement this Circular.
Recipients:
- As in Article 10;
- Government Office;
- The ministries, ministerial-level agencies;
- People's Committees of provinces and
centrally-run cities;
- Deputy Ministers of Ministry of Transport;
- Laws Inspection Department (Ministry of
Justice);
- Gazette;
- The Government Official Website of the
Government;
- Ministry of Transport’s Website
Transport
Newspaper,
Transport
magazine;
- Filing: Record section ….(10 copies) .
MINISTER
Dinh La Thang