CIRCULAR

REGULATIONS ON CONDITIONS APPLIED TO RESTRICTED VEHICLES AND OPERATORS THEREOF

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

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

Pursuant to the Law on Consumers’ Right Protection dated November 17, 2010;

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

Pursuant to the Government’s Decree No. 171/2013/NĐ-CP dated November 13, 2013 regulating penalties for administrative violations in road and railway traffic;

Pursuant to the Government’s Decree No. 107/2012/NĐ-CP dated December 20, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of Director General of the Department of Science and Technology and Director General of the Vietnam Register;

The Minister of Transport promulgates the Circular regulating conditions applied to restricted vehicles and operators thereof.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

1. This Circular regulates four-wheeled passenger vehicles in terms of:

a) Inspection of technical quality, safety, and environmental safety in production, assembly and import;

b) Inspection of technical quality, safety, and environmental safety of restricted vehicles;

c) Conditions applied to restricted vehicles and operators thereof;

2. This Circular does not regulate passenger vehicles that are used for the purposes of national defense and security by the Ministry of National Defense and the Ministry of Public Security;

Article 2. Regulated entities

This Circular applies to agencies, organizations and individuals involved in management, production, assembly, importation, testing, quality inspection, quality certification, operation and use of passenger vehicles.

Article 3. Interpretation of terms

In this Circular, some terms are construed as follows:

1. Passenger vehicle means a road motor vehicle which is meant to carry people, has two axles, at least four wheels, a designed maximum speed not exceeding 30 km/h, and up to 15 seats (including driver’s seat).

2. Passenger vehicles of the same type mean passenger vehicles of the same industrial property rights, brand, design, technical specifications and the same technology line.

3. Type approval means the process of inspection, testing, review, assessment and certification of conformity of a type of passenger vehicle with requirements for technical quality, safety, and environment protection as set out hereof.

4. Test sample means a typical sample selected by a manufacturer or randomly taken by the Vietnam Register for testing.

5. Testing facility means an organization that is involved in the testing of spare parts or motor vehicles to carry out the testing of spare parts or motor vehicles under national technical regulations and standards and relevant legal documents.

6. Manufacturer means an enterprise that carries out production, assembly of passenger vehicles and meets technical facilities as required by the law.

7. Importers mean organizations, individuals that carry out the importation of passenger vehicles.

8. Defective vehicles mean passenger vehicles that have defects made during design, production and assembly likely to impose danger on life and properties of users as well as negative effects on safety of communities and environment.

9. Recall means a manufacturer requesting for passenger vehicles of defective batch and type that are sold to be returned for repairs or replacements in order to prevent possible dangers caused by defects made during the design, production and assembly.

10. Restricted vehicle mean a vehicle that may only use certain roads within certain time frames regulated by the People’s committees of central-affiliated cities and provinces.

11. Internally used vehicles means passenger vehicles that may only use internal roads.

12. Roadworthiness inspection means the inspection and assessment of technical safety and environmental safety of restricted vehicles to certify that they meet the conditions applied to restricted vehicles.

Chapter II

REGULATIONS ON INSPECTION OF TECHNICAL QUALITY, SAFETY, AND ENVIRONMENTAL SAFETY FOR MANUFACTURED AND ASSEMBLED PASSENGER VEHICLES;

Article 4. Sample inspection and test

1. Items subject to inspection and test

a) For restricted vehicles: carry out inspection and test of the items as prescribed in the Appendix I enclosed herewith;

a) For internally used vehicles: carry out inspecting and checking technical specifications as prescribed in the Appendix II enclosed herewith;

2. The testing facility shall carry out the inspection and testing of sample passenger vehicles according to the process corresponding to the requirements set out hereof, prepare reports on inspection and test as regulated. In case of necessity, the Vietnam Register shall carry out monitoring the inspection and testing directly.

3. Number of test samples: One (01) complete vehicle (a fully charged battery to be added in case an electric car is used).

4. After the inspection, testing and reports on the results are completed, the testing facility shall return the sample vehicle and send the report on results of inspection and test to the manufacturer and importer.

Article 5. Registration for certificate of type approval

Registration documents for certificate of type approval (hereinafter referred to as the registration documents) include:

1. Registration for technical specifications (See Form in the Appendix II enclosed herewith).

2. Original of the report on results of inspection and test of passenger vehicles;

3.