CIRCULAR

AMENDMENTS TO CIRCULARS ON TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL PROTECTION INSPECTION FOR MANUFACTURED, ASSEMBLED AND IMPORTED MOTOR VEHICLES, TRANSPORT CONSTRUCTION MACHINERY, LOW-SPEED VEHICLES, 4-WHEELED CARGO MOTOR VEHICLES AND ELECTRIC BICYCLES

Pursuant to the Law on road traffic dated November 13, 2008;

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

Pursuant to the Law on Environmental Protection dated November 17, 2020;

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 providing guidelines for implementation of the Law on quality of goods and products;

Pursuant to the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 providing amendments to the Government’s Decree No.132/2008/ND-CP dated December 31, 2008 on elaboration of the Law on quality of goods and products;

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Pursuant to the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 on elaboration of the Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Transport of Vietnam;

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

The Minister of Transport of Vietnam promulgates a Circular providing amendments to Circulars on technical safety quality and environmental protection inspection for manufactured, assembled and imported motor vehicles, transport construction machinery, low-speed vehicles, 4-wheeled cargo motor vehicles and electric bicycles.

Article 1. Amendments to Circular No. 25/2019/TT-BGTVT dated July 05, 2019 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection in manufacturing and assembly of automobiles (hereinafter referred to as “Circular No. 25/2019/TT-BGTVT”)

1. Points a and c clause 2 Article 5 are amended as follows:

a) Point a clause 2 Article 5 is amended as follows:

“a) The designing facility shall prepare a design dossier and send it directly, by post or through the online public service system to the quality control agency.

In case of submission through the online public service system: 01 set of electronic design dossier as prescribed in clause 1 Article 4 of this Circular shall be submitted.

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b) Point c clause 2 Article 5 is amended as follows:

 “c) The quality control agency shall examine and compare contents of the design dossier with current national technical regulations, standards and regulations of the Minister of Transport of Vietnam on technical safety and environmental protection for automobiles within 10 working days from the receipt of the design dossier. Within 03 working days from the day on which the design dossier appraisal results are available, if the design dossier is satisfactory, the quality control agency shall issue a design appraisal certificate which is made using the form in Appendix III enclosed herewith.

If the design dossier is adequate but contains unsatisfactory contents, the quality control agency shall give a written notice, or give a notice through the online public service system, of such unsatisfactory contents and reasons therefor to the designing facility for its modification of the design dossier. The designing facility shall modify and submit a complete design dossier to the quality control agency within 30 working days from its receipt of notice. Within 10 working days from the receipt of an adequate and complete design dossier, the quality control agency shall examine and compare contents of the design dossier with current national technical regulations, standards and regulations of the Minister of Transport of Vietnam on technical safety and environmental protection for automobiles. Within 03 working days from the day on which the design dossier appraisal results are available, if the design dossier is satisfactory, the quality control agency shall issue a design appraisal certificate which is made using the form in Appendix III enclosed herewith; if the design dossier is unsatisfactory, the quality control agency shall give a written notice, or give a notice through the online public service system, of its refusal to issue a design appraisal certificate, in which reasons for such refusal must be clearly indicated. If the designing facility fails to modify unsatisfactory contents of the design dossier within 30 days from the date of the notice, the quality control agency shall terminate its appraisal process and give a written notice, or give a notice on the online public service system, of its refusal to issue a design appraisal certificate. In order to have its design dossier duly appraised, the designing facility must repeat the foregoing procedures from the first step;”.

2. Point dd clause 2 Article 7 is amended as follows:

“dd) A list of domestically manufactured and imported parts and systems used for automobile manufacturing and assembly which is made using the form in Appendix VI enclosed herewith and accompanied by any of corresponding documents of each component (except engine) subject to inspection, testing and certification. Such documents include: a copy of unexpired type approval certificate for components issued by the quality control agency; unexpired notice of exemption from technical safety quality and environmental protection inspection for imported components as prescribed in the Government’s Decree No.  60/2023/ND-CP dated August 16, 2023 prescribing technical safety quality and environmental protection inspection and certification for imported automobiles and components under international conventions to which Vietnam is a signatory (hereinafter referred to as “notice of inspection exemption for components under Decree No.  60/2023/ND-CP dated August 16, 2023”); a copy of certification given by a foreign component manufacturer accompanied by documents certifying conformity with quality standards of imported components under agreements of a country or territory with which Vietnam has entered into mutual recognition arrangement for certification of motor vehicles; a copy of certification given by a lawful representative in Vietnam of the foreign component manufacturer, accompanied by a copy of unexpired type approval certificate issued by the competent quality control agency.”.

3. Point c clause 1 Article 9 is amended as follows:

 “c) The quality control agency shall check the received application and COP assessment results within 07 working days. If the received application is adequate and valid, and COP assessment results are satisfactory, the quality control agency shall issue a Certificate as prescribed in point d of this clause. If the received application is invalid, the quality control agency shall request the manufacturer to modify it. If COP assessment results are not available, the quality control agency shall request the applicant to carry out COP assessment as prescribed in Article 8 of this Circular.

The applicant shall modify its application (including conduct of COP assessment, if such COP assessment results are not available) and submit it to the quality control agency within 6 months from the date of the request. Within 07 working days from the receipt of an adequate application and COP assessment results, the quality control agency shall check them. If the received application is adequate and valid, and COP assessment results are satisfactory, the quality control agency shall issue a Certificate as prescribed in point d of this clause. If there are any unsatisfactory contents, the quality control agency shall give a notice of its refusal to issue the Certificate, in which reasons for such refusal must be clearly indicated, to the applicant. If the applicant fails to modify unsatisfactory contents as stated in the request within 6 months from the date of the request, the quality control agency shall terminate its consideration of the received application or COP assessment results, and give a written notice, or give a notice through the online public service system, of its refusal to issue the Certificate. In order to obtain a Certificate, the applicant must repeat the foregoing procedures from the first step.”.

4. Clause 2 Article 10 is amended as follows:

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a) an unexpired certificate for components; or

b) an unexpired notice of inspection exemption for components under Decree No.  60/2023/ND-CP dated August 16, 2023.”.

Article 2. Amendments to and abrogation of some Articles of Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection in manufacturing and assembly of motor vehicles (hereinafter referred to as “Circular No. 30/2011/TT-BGTVT”), Circular No. 54/2014/TT-BGTVT dated October 20, 2014 of Minister of Transport of Vietnam providing amendments to Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection in manufacturing and assembly of motor vehicles (hereinafter referred to as “Circular No. 54/2014/TT-BGTVT”) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 16/2022/TT-BGTVT”)

1. Point d clause 6 Article 5 of Circular No. 30/2011/TT-BGTVT, as amended in point c clause 4 Article 1 of the Circular No. 16/2022/TT-BGTVT, is amended as follows:

“d) Processing time-limit: The design appraisal will be made within 08 working days from the receipt of an adequate design dossier as prescribed. If the design dossier is satisfactory according to appraisal results, the quality control agency shall issue a design appraisal certificate which is made using the form in Appendix III enclosed herewith within 03 working days from the day on which the design dossier appraisal results are available.

If the design dossier is adequate but contains unsatisfactory contents, the quality control agency shall give a written notice, or give a notice through the online public service system, of such unsatisfactory contents and reasons therefor to the designing facility for its modification of the design dossier. The designing facility shall modify and submit a complete design dossier to the quality control agency within 30 working days from its receipt of notice. Within 08 working days from the receipt of an adequate design dossier, the quality control agency shall check it and carry out design appraisal. Within 03 working days from the day on which the design dossier appraisal results are available, if the design dossier is satisfactory, the quality control agency shall issue a design appraisal certificate which is made using the form in Appendix III enclosed herewith; if the design dossier is unsatisfactory, the quality control agency shall give a written notice, or give a notice through the online public service system, of its refusal to issue a design appraisal certificate, in which reasons for such refusal must be clearly indicated. If the designing facility fails to modify unsatisfactory contents of the design dossier within 30 days from the date of the notice, the quality control agency shall terminate its appraisal process and give a written notice, or give a notice on the online public service system, of its refusal to issue a design appraisal certificate. In order to have its design dossier duly appraised, the designing facility must repeat the foregoing procedures from the first step;”.

2. Point c clause 1 Article 8 of Circular No. 30/2011/TT-BGTVT, as amended in clause 5 Article 1 of the Circular No. 54/2014/TT- BGTVT, is abrogated.

3. The third dash of point a clause 2 Article 9 of the Circular NO. 30/2011/TT-BGTVT is amended as follows:

“- Vietnam Register shall check the received application and COP assessment results within 07 working days. If the received application is adequate and valid, and COP assessment results are satisfactory, Vietnam Register shall issue a Certificate as prescribed in point d of this clause. If the received application is invalid, Vietnam Register shall give a notice to the applicant for modification. If COP assessment results are not available, Vietnam Register shall give a notice requesting the applicant to carry out COP assessment as prescribed in Article 8 of this Circular.

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4. Appendix IV and Appendix VII enclosed with the Circular No. 30/2011/TT-BGTVT (as amended in clause 12 Article 1 of the Circular No. 54/2014/TT-BGTVT) are replaced with the corresponding Appendix 1 and Appendix 2 enclosed herewith.

5. Appendix IX enclosed with the Circular No. 30/2011/TT-BGTVT is replaced with Appendix 3 enclosed herewith.

Article 3. Amendments to and abrogation of some Articles of Circular No. 45/2012/TT-BGTVT dated October 25, 2012 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection in manufacturing and assembly of motorcycles and mopeds (hereinafter referred to as “Circular No. 45/2012/TT-BGTVT”), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 42/2018/TT-BGTVT”) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 16/2022/TT-BGTVT”)

1. Point c clause 1 Article 6 of the Circular No. 45/2012/TT-BGTVT is abrogated.

2. Clause 3 Article 7 of Circular No. 45/2012/TT-BGTVT, as amended in clause 1 Article 7 of the Circular No. 42/2018/TT- BGTVT, is amended as follows:

“3. The quality control agency shall check the received application and COP assessment results within 07 working days. Within 03 working days upon completion of the check, if the application is adequate and valid and COP assessment results are satisfactory, the quality control agency shall issue a Certificate using the corresponding form in Appendix VIIa or VIIb enclosed herewith. If the received application is invalid, the quality control agency shall request the manufacturer to modify it. If COP assessment results are not available, the quality control agency shall request the applicant to carry out COP assessment as prescribed in Article 6 of this Circular.

The applicant shall modify its application (including conduct of COP assessment, if such COP assessment results are not available) and submit it to the quality control agency within 6 months from the date of the request. Within 07 working days from the receipt of an adequate application and COP assessment results, the quality control agency shall check them. If the application is adequate and valid as prescribed and COP assessment results are satisfactory, the quality control agency shall issue a Certificate using the corresponding form in Appendix VIIa or VIIb enclosed herewith within 03 working days upon completion of the check; if there are unsatisfactory contents, the quality control agency shall give a notice of its refusal to issue a Certificate, in which reasons for such refusal must be clearly indicated, to the applicant. If the applicant fails to modify unsatisfactory contents as stated in the request within 6 months from the date of the request, the quality control agency shall terminate its consideration of the received application or COP assessment results, and give a written notice, or give a notice through the online public service system, of its refusal to issue the Certificate. In order to obtain a Certificate, the applicant must repeat the foregoing procedures from the first step.”.

3. The second dash of point a clause 3 Article 8, clause 7 Article 8 are amended and clause 8 is added to Article 8 of the Circular No. 45/2012/TT-BGTVT as follows:

a) The second dash of point a clause 3 Article 8 of the Circular No. 45/2012/TT-BGTVT is amended as follows:

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b) Clause 7 Article 8 of the Circular No. 45/2012/TT-BGTVT is amended as follows:

“7. The manufacturer shall prepare and issue 01 set of the following documents to each finished vehicle:

a) Pre-release quality inspection certificate as prescribed in clause 6 of this Article;

b) Owner’s manual in Vietnamese which indicates basic specifications of the vehicle and instructions for use of the vehicle;

c) Warranty handbook or warranty card in Vietnamese in which warranty conditions, and names and addresses of warranty and maintenance service centers are provided.”.

c) Clause 8 is added to Article 8 of the Circular No. 45/2012/TT-BGTVT as follows:

“8. Chassis number, engine number:

a) The manufacturer shall not use the chassis or engine on which the chassis number or engine number is removed, altered or re-stamped for vehicle manufacturing or assembly, except the case in point b of this clause;

b) The domestically stamped chassis number or engine number has errors due to workers’ operation or is blurred or illegible, the manufacturer shall keep its status quo and give a written notice thereof to the quality control agency. The quality control agency shall conduct inspection and, if there are no signs of the violation mentioned in point a of this clause, give a written notice to the manufacturer to re-stamp the chassis number or engine number, or, if any violations are found, request the manufacturer in writing not to use the chassis or engine on which the chassis number or engine number is removed, altered or re-stamped for vehicle manufacturing or assembly.”.

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a) Points d, dd and e are added to clause 3 Article 10 of Circular No. 45/2012/TT-BGTVT as follows:

“d) The manufacturer is dissolved or declared bankrupt in accordance with regulations of law;

dd) The manufacturer has forged any documents, or provided inaccurate information on specifications or features of the product type, or on the manufacturer or manufacturing country, in the application for type approval certificate.

e) The release of products of this type has been suspended for more than 06 months as prescribed in clause 4 of this Article but the manufacturer still fails to remedy their violations.".

b) Clauses 4 and 5 are added Article 10 of the Circular No. 45/2012/TT-BGTVT as follows:

“4. Suspension of a product type

The quality control agency shall send a written notice requesting the manufacturer to suspend its release of products and issuance of pre-release quality inspection certificates to vehicles (release suspension) in respect to a product type in any of the following cases:

a) The manufacturer commits any of the following violations: failure to maintain the guarantee of product quality as prescribed; failure to carry out product quality inspection according to their issued procedures and guidelines for quality inspection; management and use of release certificates against regulations; failure to prepare adequate release dossiers for products; failure to cooperate in ad hoc inspections or verification of product errors;

b) Products to be released do not meet relevant technical regulations/standards or are not conformable with the application for quality certificate and typical sample of the product type to which a Certificate has been issued;

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d) There are violations regarding the chassis number or engine number as prescribed in clause 8 Article 8 of this Circular.

5. During the period of suspension as prescribed in clause 4 of this Article, the manufacturer shall not be allowed to release products and issue quality inspection certificates to products of the suspended type for placing on the market, but must rectify such violations within a maximum duration of 06 months from the date on which the quality control agency issues a notice of release suspension. The quality control agency shall examine and carry out inspection when receiving the manufacturer’s notice of completion of its rectification of violations, and, if such violations have been satisfactorily rectified, cancel the release suspension and notify the manufacturer in writing. If the manufacturer fails to rectify violations within the foregoing time limit, the type approval certificate issued to such products will be invalidated as prescribed in clause 3 of this Article.”.

5. Clause 4 Article 15 of the Circular No. 45/2012/TT-BGTVT is amended as follows:

“4. Organize periodical or ad hoc inspection of the manufacturer’s guarantee of quality and use of pre-release quality inspection certificates.”.

6. Clause 3 Article 16 of the Circular No. 45/2012/TT-BGTVT is amended as follows:

“3. Cooperate with quality control agencies during inspection and assessment of product quality, guarantee of product quality, and management and use of pre-release quality inspection certificates.”.

7. Appendix VI enclosed with the Circular No. 45/2012/TT- BGTVT is replaced with Appendix 4 enclosed herewith.

Article 4. Amendments to and abrogation of some Articles of Circular No. 16/2014/TT-BGTVT dated May 13, 2014 of Minister of Transport of Vietnam prescribing conditions for 4-wheeled cargo motor vehicles and operators thereof (hereinafter referred to as “Circular No. 16/2014/TT-BGTVT”), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 42/2018/TT-BGTVT”) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 16/2022/TT-BGTVT”)

1. Point c clause 1 Article 6 of the Circular No. 16/2014/TT-BGTVT is abrogated.

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“3. Vietnam Register shall check the received application and COP assessment results within 07 working days. Within 03 working days upon completion of the check, if the application is adequate and valid and COP assessment results are satisfactory, the Vietnam Register shall issue a Certificate using the corresponding form in Appendix VIIa or VIIb enclosed herewith. If the received application is invalid, Vietnam Register shall give a notice to the applicant for modification. If COP assessment results are not available, Vietnam Register shall give a notice requesting the applicant to carry out COP assessment as prescribed in Article 6 of this Circular.

The applicant shall modify its application (including conduct of COP assessment, if such COP assessment results are not available) and submit it to Vietnam Register within 6 months from the date of the notice. Within 07 working days from the receipt of an adequate application and COP assessment results, Vietnam Register shall check them. If the application is adequate and valid as prescribed and COP assessment results are satisfactory, the Vietnam Register shall issue a Certificate using the corresponding form in Appendix VIIa or VIIb enclosed herewith within 03 working days upon completion of the check; if there are unsatisfactory contents, Vietnam Register shall give a notice of its refusal to issue a Certificate, in which reasons for such refusal must be clearly indicated, to the applicant. If the applicant fails to modify unsatisfactory contents as stated in the notice within 6 months from the date of the notice, Vietnam Register shall terminate its consideration of the received application or COP assessment results, and give a written notice, or give a notice through the online public service system, of its refusal to issue the Certificate. In order to obtain a Certificate, the applicant must repeat the foregoing procedures from the first step.”.

3. Clause 3 Article 21 of the Circular No. 16/2014/TT-BGTVT is amended as follows:

“3. Carry out recall of products according to provisions of Article 16 of the Circular No. 25/2019/TT-BGTVT dated July 05, 2019 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection in manufacturing and assembly of automobiles.".

Article 5. Amendments to and abrogation of some Articles of Circular No. 41/2013/TT-BGTVT dated November 05, 2013 of Minister of Transport of Vietnam prescribing technical safety quality inspection for electric bicycles (hereinafter referred to as “Circular No. 41/2013/TT-BGTVT”), Circular No. 19/2014/TT-BGTVT dated May 28, 2014 of Minister of Transport of Vietnam providing amendments to Circular No. 23/2009/TT-BGTVT dated October 15, 2009 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection for transport construction machinery, Circular No. 44/2012/TT- BGTVT dated October 23, 2012 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection for imported motorcycles and mopeds, and imported engines used for manufacturing and assembly of motorcycles and mopeds, and Circular No. 41/2013/TT-BGTVT dated November 05, 2013 of Minister of Transport of Vietnam prescribing technical safety quality inspection for electric bicycles (hereinafter referred to as “Circular No. 19/2014/TT-BGTVT”), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 42/2018/TT-BGTVT”) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 16/2022/TT-BGTVT”)

1. Point c clause 1 Article 5 of Circular No. 41/2013/TT-BGTVT, as amended in clause 1 Article 5 of the Circular No. 16/2022/TT-BGTVT BGTVT, is abrogated.

2. Points b and c Clause 1 Article 8 of Circular No. 41/2013/TT-BGTVT, as amended in clause 2 Article 5 of the Circular No. 42/2018/TT-BGTVT BGTVT, is amended as follows:

“b) The quality control agency shall receive and examine components of the received application. If the application does not contain adequate documents as prescribed, within 01 working day, in case of direct submission, or within 02 days from the receipt of the application which is submitted through the online public service system, the quality control agency shall return it and give specific instructions to the applicant for modification. If the application contains adequate documents as prescribed, the quality control agency shall accept it for further consideration.

c) The quality control agency shall check the received application and COP assessment results within 07 working days. Within 03 working days upon completion of the check, if the application is adequate and valid and COP assessment results are satisfactory, the quality control agency shall issue a Certificate using the corresponding form in Appendix IIIa enclosed herewith. If the received application is invalid, the quality control agency shall request the applicant to modify it. If COP assessment results are not available, the quality control agency shall request the applicant to carry out COP assessment as prescribed in Article 6 of this Circular.

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3. Point c clause 2 Article 8 of Circular No. 41/2013/TT-BGTVT, as amended in point c clause 4 Article 5 of the Circular No. 16/2022/TT-BGTVT, is amended, and point dd is added to clause 2 Article 8 of Circular No. 41/2013/TT-BGTVT as follows:

a) Point c clause 2 Article 8 of Circular No. 41/2013/TT- BGTVT, as amended in point c clause 4 Article 5 of the Circular No. 16/2022/TT-BGTVT BGTVT, is amended as follows:

“c) The quality control agency shall carry out inspection and consider results of testing for vehicles according to Article 7 hereof.  Within 4 working days upon completion of inspection and after documents have been adequately provided as prescribed, the quality control agency shall issue a Certificate using the form in Appendix IIIb enclosed herewith, in case of satisfactory inspection and testing results; or issue a notice of non-conformity with quality standards for imported vehicles using the form in Appendix IIIc enclosed herewith, in case of unsatisfactory inspection and testing results.”.

b) Point dd is added to Clause 2 Article 8 of the Circular No. 41/2013/TT-BGTVT as follows:

 “dd) If imported vehicles are damaged while they are transported from a foreign country to Vietnam, the importer may rectify the following errors, including: the vehicle paint is scratched or locally oxidized but its hull is not holed; rearview mirrors are cracked or broken; lighting or signaling system is cracked or broken; there is lack of control relays; battery fails.”.

4. Point dd is added to Clause 1 Article 9 of the Circular No. 41/2013/TT-BGTVT as follows:

“dd) When placing vehicles which have undergone release inspection and given conformity stamps on the market, owner's manual (which must contain basic specifications and instructions for use of the vehicle) and warranty cards (indicating warranty conditions and addresses of warranty service centers) must be provided.".

5. Points d, dd and e are added to clause 3 Article 11, and clauses 4 and 5 are added to Article 11 of the Circular No. 41/2013/TT-BGTVT as follows:

a) Points d, dd and e are added to clause 3 Article 11 of Circular No. 41/2013/TT-BGTVT as follows:

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dd) The manufacturer has forged any documents, or provided inaccurate information on specifications or features of the vehicle type in the application for type approval certificate.

e) The release of products of a type has been suspended for more than 06 months as prescribed in clause 4 of this Article but the manufacturer still fails to remedy their violations.".

b) Clauses 4 and 5 are added Article 11 of the Circular No. 41/2013/TT-BGTVT as follows:

“4. Suspension of a product type

The quality control agency shall send a written notice requesting the manufacturer to suspend its release of products and issuance of conformity stamps (release suspension) in respect to a product type in any of the following cases:

a) The manufacturer commits any of the following violations: failure to maintain the guarantee of product quality as prescribed; failure to carry out product quality inspection according to their issued procedures and guidelines for quality inspection; management and use of conformity stamps against regulations; failure to prepare adequate release dossiers for vehicles as prescribed; failure to cooperate in ad hoc inspections or verification of product errors;

b) Vehicles to be released do not meet relevant technical regulations or are not conformable with the application for quality certificate and typical sample of the product type to which a Certificate has been issued;

c) There are violations against regulations on intellectual property as notified by competent authorities.

5. During the period of release suspension as prescribed in clause 4 of this Article, the manufacturer shall not be allowed to release products and issue conformity stamps to vehicles of the suspended type for placing on the market, but must rectify such violations within a maximum duration of 06 months from the date on which the quality control agency issues a notice of release suspension. The quality control agency shall examine and carry out inspection when receiving the manufacturer’s notice of completion of its rectification of violations, and, if such violations have been satisfactorily rectified, cancel the release suspension and notify the manufacturer in writing. If the manufacturer fails to rectify violations within the foregoing time limit, the type approval certificate issued to such products will be invalidated as prescribed in clause 3 of this Article.”.

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“4. Recall manufactured or assembled vehicles as prescribed in Article 16 of the Circular No. 25/2019/TT-BGTVT dated July 05, 2019 of the Minister of Transport of Vietnam, or recall imported vehicles as prescribed in clause 2 Article 8 of the Circular No. 03/2018/TT-BGTVT dated January 10, 2018 of the Minister of Transport of Vietnam.”.

7. Point c clause 1 Article 6 of the Circular No. 41/2013/TT-BGTVT is abrogated.

Article 6. Amendments to Circular No. 86/2014/TT-BGTVT dated December 31, 2014 of Minister of Transport of Vietnam prescribing conditions for low-speed vehicles and operators thereof (hereinafter referred to as “Circular No. 86/2014/TT-BGTVT”), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 42/2018/TT-BGTVT”) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 16/2022/TT-BGTVT”)

1. Clause 2 and Clause 3 Article 7 of the Circular No. 86/2014/TT-BGTVT are amended as follows:

a) Clause 2 Article 7 of the Circular No. 86/2014/TT-BGTVT is amended as follows:

“2. Vietnam Register shall receive and examine the application, and take the following actions:

a) If the application does not contain adequate documents as prescribed, within 01 working day, in case of direct submission, or within 02 days from the receipt of the application which is submitted through the online public service system, Vietnam Register shall return it and give specific instructions to the applicant for modification;

b) If the application is found to have contained adequate documents as prescribed, it shall be received for further inspection and assessment as prescribed.”

b) Clause 3 Article 7 of the Circular No. 86/2014/TT-BGTVT is amended as follows:

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a) If the received application is invalid, Vietnam Register shall give a notice to the applicant for modification. If COP assessment results are not available, Vietnam Register shall give a notice requesting the applicant to carry out COP assessment as prescribed in Article 6 of this Circular.

The applicant shall modify its application (including conduct of COP assessment, if such COP assessment results are not available) and submit it to Vietnam Register within 6 months from the date of the notice. Within 07 working days from the receipt of an adequate application and COP assessment results, Vietnam Register shall check them. If the received application is adequate and valid, and COP assessment results are satisfactory, Vietnam Register shall issue a Certificate as prescribed in point b of this clause. If there are any unsatisfactory contents, Vietnam Register shall give a notice of its refusal to issue the Certificate, in which reasons for such refusal must be clearly indicated, to the applicant. If the applicant fails to modify unsatisfactory contents as stated in the notice within 6 months from the date of the notice, Vietnam Register shall terminate its consideration of the received application or COP assessment results, and give a written notice, or give a notice through the online public service system, of its refusal to issue the Certificate. In order to obtain a Certificate, the applicant must repeat the foregoing procedures from the first step.

b) Within 03 working days upon completion of the check, if the application is adequate and valid and COP assessment results are satisfactory, Vietnam Register shall issue a Certificate using the corresponding form in Appendix IVa enclosed herewith.”.

2. Clause 6 Article 8 of the Circular No. 86/2014/TT-BGTVT is amended as follows:  

“6. Vietnam Register may conduct unscheduled inspection. Where the inspection results show that the manufacturer has violated the provisions of clause 3 or clause 4 Article 9 of this Circular, its Certificate will be revoked or release suspension will be imposed respectively.”.

3. Point b clause 3 Article 9 is amended; points d, dd and e are added to clause 3 Article 9, and clauses 4 and 5 are added to Article 9 of the Circular No. 86/2014/TT-BGTVT as follows:

a) Point b Clause 3 Article 9 of the Circular No. 86/2014/TT-BGTVT is amended as follows:

 “b) The manufacturer uses a pre-release quality inspection certificate for the vehicle to which a Certificate is not yet issued; or has violated regulations on intellectual property as notified by competent authorities;”.

b) Points d, dd and e are added to clause 3 Article 9 of Circular No. 86/2014/TT-BGTVT as follows:

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dd) The manufacturer has forged any documents, or provided inaccurate information on specifications or features of the vehicle type in the application for type approval certificate.

e) The release of products of a type has been suspended for more than 06 months as prescribed in clause 4 of this Article but the manufacturer still fails to remedy their violations.".

c) Clauses 4 and 5 are added Article 9 of the Circular No. 86/2014/TT-BGTVT as follows:

“4. Suspension of a product type

The quality control agency shall send a written notice requesting the manufacturer to suspend its release of products and issuance of release quality inspection certificates to vehicles (release suspension) in respect to a product type in any of the following cases:

a) The manufacturer commits any of the following violations: failure to maintain the guarantee of product quality as prescribed; failure to carry out product quality inspection according to their issued procedures and guidelines for quality inspection; management and use of release certificates against regulations; failure to prepare adequate release dossiers for products; failure to cooperate in ad hoc inspections or verification of product errors;

b) Vehicles to be released do not meet relevant regulations on technical safety quality and environmental protection laid down in this Circular, or are not conformable with the application for quality certificate and typical sample of the product type to which a Certificate has been issued.

5. During the period of release suspension as prescribed in clause 4 of this Article, the manufacturer shall not be allowed to release products and issue quality inspection certificates to products of the suspended type for placing on the market, but must rectify such violations within a maximum duration of 06 months from the date on which the quality control agency issues a notice of release suspension. The quality control agency shall examine and carry out inspection when receiving the manufacturer’s notice of completion of its rectification of violations, and, if such violations have been satisfactorily rectified, cancel the release suspension and notify the manufacturer in writing. If the manufacturer fails to rectify violations within the foregoing time limit, the type approval certificate issued to such products will be invalidated or revoked as prescribed in clause 3 of this Article.”.

4. Point c is added to clause 3 Article 12 of the Circular No. 86/2014/TT-BGTVT as follows:

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5. Clause 3 Article 25 of the Circular No. 86/2014/TT-BGTVT is amended as follows:

 “3. Recall manufactured or assembled vehicles as prescribed in Article 16 of the Circular No. 25/2019/TT-BGTVT dated July 05, 2019 of the Minister of Transport of Vietnam, or recall imported vehicles as prescribed in clause 2 Article 8 of the Circular No. 03/2018/TT-BGTVT dated January 10, 2018 of the Minister of Transport of Vietnam.”.

6. Point c clause 1 Article 6 of the Circular No. 86/2014/TT-BGTVT is abrogated.

7. Appendix XI and Appendix XII which are the corresponding Appendix 5 and Appendix 6 enclosed herewith are added to the Circular No. 86/2014/TT-BGTVT.

Article 7. Amendments to and abrogation of some Articles of Circular No. 89/2015/TT-BGTVT dated December 31, 2015 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection of transport construction machinery (hereinafter referred to as “Circular No. 89/2015/TT-BGTVT”), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 42/2018/TT-BGTVT”) and Circular No. 23/2020/TT-BGTVT dated January 20, 2020 of Minister of Transport of Vietnam providing amendments to Circular No. 89/2015/TT-BGTVT dated December 31, 2015 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection of transport construction machinery and Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 23/2020/TT-BGTVT”)

1. Clause 1 Article 3 of Circular No. 89/2015/TT-BGTVT, as amended in clause 3 Article 1 of the Circular No. 23/2020/TT-BGTVT, is amended as follows:

“1. Transport construction machinery (hereinafter referred to as "TCM”) means any of the vehicles defined in TCVN 7772:2007 “Moving engineering construction machinery and equipment – Classification” and those specified in Section C Appendix I and Section D Appendix II of the Circular No. 12/2022/TT-BGTVT dated June 30, 2022 of the Minister of Transport of Vietnam promulgating List of potentially unsafe products and goods under authority of Minister of Transport of Vietnam.”.

2. Point a Clause 2 Article 5 of Circular No. 89/2015/TT-BGTVT is amended as follows:

“a) If the application is found to contain adequate documents as prescribed, Vietnam Register shall give confirmation in the application form for technical safety quality and environmental protection inspection within 01 working day from the date on which the application is received.  The importer must drive the TCM to the inspection site within 15 days from the date on which the TCM is received for storage.

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3. Clause 1 Article 6 of Circular No. 89/2015/TT-BGTVT is abrogated.

4. Point d clause 2 and point dd clause 2 Article 7 of Circular No. 89/2015/TT-BGTVT are amended as follows:

a) Point d clause 2 Article 7 of Circular No. 89/2015/TT-BGTVT is amended as follows:

 “d) Vehicles imported as prescribed in point a clause 8 Section II of Appendix I enclosed with the Decree No. 69/2018/ND-CP shall be inspected and certified as prescribed. Each Certificate issued must bear the note “Chiếc xe này dùng để hoạt động trong phạm vi hẹp và không tham gia giao thông.” (“This vehicle is used within a limited scope and is not used for entering the traffic flow.”).”

b) Point dd Clause 2 Article 7 of Circular No. 89/2015/TT-BGTVT is amended as follows:

 “dd) If an TCM is included in the List of goods banned from import in Section II of Appendix I enclosed with the Decree No. 69/2018/ND-CP, Vietnam Register shall suspend procedures for inspection and certification of technical safety quality and environmental protection for imported TCM; issue a record of the vehicle violating provisions of Decree No. 69/2018/ND-CP using the form in Appendix VI enclosed herewith. Within 03 working days from the day on which a violation conclusion is issued, Vietnam Register shall make and send the Notice of violation against the Decree No. 69/2018/ND-CP using the form in Appendix VII enclosed herewith to the importer and the customs authority (where import procedures are conducted) for taking further actions as prescribed.”.

5. Clause 3 Article 8 of Circular No. 89/2015/TT-BGTVT, as amended in clause 5 Article 1 of the Circular No. 23/2020/TT- BGTVT, is added as follows:

“3. If a design dossier is submitted through the online public service system, the documents stated in clause 1 of this Article are replaced with electronic documents.".

6. Clause 3, point a clause 5, point b clause 5 Article 9 of the Circular No. 89/2015/TT-BGTVT, as amended in Clause 5 Article 1 of the Circular No. 23/2020/TT-BGTVT are amended as follows:

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 “3. The designing facility shall receive design appraisal results as follows:

a) If results are returned directly at the office of the quality control agency or by post: 01 design appraisal certificate; description of technical design and technical drawing (01 copy, if the designing facility is also the manufacturer, or 02 copies if the designing facility is not the manufacturer) included in the design dossier;

b) If results are returned through the online public service system: 01 electronic copy of the design appraisal certificate; 01 electronic copy of the description of technical design and technical drawing included in the design dossier.”.

b) Point a Clause 5 Article 9 of Circular No. 89/2015/TT-BGTVT, as amended in clause 5 Article 1 of the Circular No. 23/2020/TT-BGTVT, is amended as follows:

“a) An application for design appraisal includes:

In case the application is submitted through the online public service system: a set of electronic documents, including 01 application form which is made using the form in Appendix XIVa enclosed herewith, and 01 design dossier as prescribed in clause 1 Article 8 of this Circular, shall be submitted;

In case the application is submitted directly or by post: submitted documents include 01 application form which is made using the form in Appendix XIVa enclosed herewith, 01 design dossier as prescribed in clause 1 Article 4 of this Circular, and 01 copy (or 02 copies, if the designing facility is not the manufacturer) of each of the documents prescribed in Points a and b Clause 1 Article 8 of this Circular.”.

c) Point b Clause 5 Article 9 of Circular No. 89/2015/TT-BGTVT, as amended in clause 5 Article 1 of the Circular No. 23/2020/TT-BGTVT, is amended as follows:

“b) Appraisal procedures:

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Vietnam Register shall receive and check the components of the application.  If the application does not contain adequate documents as prescribed, within 01 working day, in case of direct submission, or within 02 days from the receipt of the application which is submitted adopting another submission method, Vietnam Register shall return it and give specific instructions to the designing facility for modification. If the application contains adequate documents as prescribed, Vietnam Register shall receive it and carry out appraisal as prescribed.

Vietnam Register shall conduct the appraisal of design dossier: examine and compare contents of the design dossier with current national technical regulations/standards and other regulations of the Minister of Transport of Vietnam on technical safety and environmental protection for TCM. Within the time limit prescribed in point c of this clause, if the design dossier is found satisfactory, Vietnam Register shall issue a design appraisal certificate using the form stated in the Appendix IX enclosed herewith.

If the design dossier is adequate but contains unsatisfactory contents, Vietnam Register shall give a written notice, or give a notice through the online public service system, of such unsatisfactory contents and reasons therefor to the designing facility for its modification of the design dossier. The designing facility shall modify and submit a complete design dossier within 30 working days from its receipt of notice. Within the time limit prescribed in point c of this clause from the receipt of an adequate and complete design dossier, the quality control agency shall examine and compare contents of the design dossier with current national technical regulations, standards and regulations of the Minister of Transport of Vietnam on technical safety and environmental protection for TCM. Within the time limit prescribed in point c of this clause, if the design dossier is satisfactory, the quality control agency shall issue a design appraisal certificate which is made using the form in Appendix IX enclosed herewith; if the design dossier is unsatisfactory, the quality control agency shall give a written notice, or give a notice through the online public service system, of its refusal to issue a design appraisal certificate, in which reasons for such refusal must be clearly indicated.

If the designing facility fails to modify unsatisfactory contents of the design dossier within 30 days from the date of the notice, the quality control agency shall terminate its appraisal process and give a written notice, or give a notice on the online public service system, of its refusal to issue a design appraisal certificate. In order to have its design dossier duly appraised, the designing facility must repeat the foregoing procedures from the first step;”.

7. Points b and c Clause 2 Article 13 of Circular No. 89/2015/TT-BGTVT, as amended in clause 5 Article 1 of the Circular No. 23/2020/TT-BGTVT BGTVT, are amended as follows:

a) Point b Clause 2 Article 13 of Circular No. 89/2015/TT-BGTVT, as amended in clause 5 Article 1 of the Circular No. 23/2020/TT-BGTVT, is amended as follows:

“b) Vietnam Register shall receive and check the components of the application.  If the application does not contain adequate documents as prescribed, within 01 working day, in case of direct submission, or within 02 days from the receipt of the application which is submitted through the online public service system, Vietnam Register shall return it and give specific instructions to the applicant for modification. If the application contains adequate documents as prescribed, Vietnam Register shall accept it for further consideration.”

b) Point b Clause 2 Article 13 of Circular No. 89/2015/TT-BGTVT, as amended in clause 5 Article 1 of the Circular No. 23/2020/TT-BGTVT, is amended as follows:

“c) Vietnam Register shall check the received application and COP assessment results within 07 working days. If the application is adequate and valid and COP assessment results are satisfactory, Vietnam Register shall issue a Certificate using the corresponding form in Appendix XIII enclosed herewith within the time limit prescribed in clause 3 of this Article. If the received application is invalid, Vietnam Register shall give a notice to the applicant for modification. If COP assessment results are not available, Vietnam Register shall give a notice requesting the applicant to carry out COP assessment as prescribed in Article 12 of this Circular.

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8. Clause 2 Article 16 of the Circular No. 89/2015/TT-BGTVT is amended as follows:

“2. Procedures for appraisal of modified TCM design:

a) The designing facility shall prepare an application for appraisal of modified TCM design and send it directly, by post or through the online public service system to a branch of Vietnam Register.

In case of submission through the online public service system: 01 set of electronic documents of the application for appraisal of modified TCM design as prescribed in clause 1 this Article shall be submitted;

In case of direct submission or submission by post: in addition to an application for appraisal of modified TCM design as prescribed in clause 1 of this Article, the designing facility shall be also required to submit 01 copy of the document specified in point c clause 1 of this Article 4.

b) The branch of Vietnam Register shall receive and check the components of the application. If the application does not contain adequate documents as prescribed, within 01 working day, in case of direct submission, or within 02 days from the receipt of the application which is submitted through the online public service system, the branch of Vietnam Register shall return it and give specific instructions to the applicant for modification. If the application contains adequate documents as prescribed, the branch of Vietnam Register shall accept it for further appraisal.

c) Within 07 working days from the day on which an adequate application for appraisal of modified TCM design is submitted, the branch of Vietnam Register shall examine and appraise the application. If the application is satisfactory, the branch of Vietnam Register shall issue a modified TCM design appraisal certificate using the form in Appendix XVII enclosed herewith within 03 working days from the day on which the application is found satisfactory.

If the application is adequate but contains unsatisfactory contents, the branch of Vietnam Register shall give a written notice, or give a notice through the online public service system, of such unsatisfactory contents and reasons therefor to the designing facility for its modification. The designing facility shall modify and submit a complete application to the branch of Vietnam Register within 30 working days from its receipt of notice. Within 07 working days from its receipt of a complete and adequate application for appraisal of modified TCM design, the branch of Vietnam Register shall examine and conduct a re-appraisal of the application. Within 03 working days from the day on which the appraisal results are available, if the application is satisfactory, the branch of Vietnam Register shall issue a modified TCM design appraisal certificate using the form in Appendix XVII enclosed herewith; if the application is unsatisfactory, the branch of Vietnam Register shall give a written notice, or give a notice through the online public service system, of its refusal to issue a design appraisal certificate, in which reasons for such refusal must be clearly indicated. If the designing facility fails to modify unsatisfactory contents of the application within 30 days from the date of the notice, the branch of Vietnam Register shall terminate its appraisal process and give a written notice, or give a notice on the online public service system, of its refusal to issue a modified TCM design appraisal certificate. In order to have its modified TCM design duly appraised, the designing facility must repeat the foregoing procedures from the first step;

d) The designing facility shall receive appraisal results as follows: If appraisal results are returned directly at the office of the branch of Vietnam Register or by post, returned results include: 01 design appraisal certificate; 01 set of documents which have been appraised as prescribed in point c clause 1 of this Article; If appraisal results are returned through the online public service system, returned results include: 01 electronic copy of the design appraisal certificate; 01 electronic copy of each of the documents prescribed in point c clause 1 of this Article.”.

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“2. The branch of Vietnam Register (that has carried out design appraisal) shall make an inspection record after conducting a physical inspection of the conformity of the modified TCM to the approved modified TCM design, and conducting technical safety quality and environmental protection inspection according to applicable technical regulations and standards, and other regulations on technical safety quality and environmental protection for TCM. A notice of unsatisfactory items/parts shall be given to the modifying party for modification.”.

10. Clause 4 is added to Article 18 of the Circular No. 89/2015/TT-BGTVT as follows:

“4. The application for appraisal of modified TCM design as prescribed in Article 16 of this Circular, which has been duly appraised, and the record of inspection of the modified TCM shall be kept by the branch of Vietnam Registered as prescribed from the issue date of a certificate of technical safety quality and environmental protection for modified TCM.”.

11. Clause 7 is added to Article 25 of the Circular No. 89/2015/TT-BGTVT as follows:

“7. Regarding design appraisal, acceptance testing and issuance of certificates of technical safety quality and environmental protection for modified TCM, each branch of Vietnam Register shall:

a) organize and conduct appraisal of modified TCM designs, acceptance testing, and issue certificates of technical safety quality and environmental protection for modified TCM in accordance with provisions of this Circular.

b) provide reports and adequate documents serving the inspection of design appraisal, acceptance testing and issuance of Certificates, and modification of TCM as requested.”.

c) consistently perform printing and management of blank templates of modified TCM design appraisal certificate and certificate of technical safety quality and environmental protection for modified TCM.”.

12. Clause 2 Article 26 of the Circular No. 89/2015/TT-BGTVT is amended as follows:

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13. Clause 2 and clause 8 Article 27 of the Circular No. 89/2015/TT-BGTVT, as amended in Clause 7 Article 1 of the Circular No. 23/2020/TT-BGTVT, are amended as follows:

a) Clause 2 Article 27 of the Circular No. 89/2015/TT-BGTVT, as amended in Clause 7 Article 1 of the Circular No. 23/2020/TT-BGTVT, is amended as follows:

“2. Documents on modification of TCM must be kept for a minimum period of at least 02 years from the issue date of the certificate of technical safety quality and environmental protection for modified TCM.”.

b) Clause 8 Article 27 of the Circular No. 89/2015/TT-BGTVT, as amended in Clause 7 Article 1 of the Circular No. 23/2020/TT-BGTVT, is amended as follows:

“8. Recall manufactured or assembled TCM as prescribed in Article 16 of the Circular No. 25/2019/TT-BGTVT dated July 05, 2019 of the Minister of Transport of Vietnam, or recall imported vehicles as prescribed in clause 2 Article 8 of the Circular No. 03/2018/TT-BGTVT dated January 10, 2018 of the Minister of Transport of Vietnam.”.

14. Appendix XVII and Appendix XVIII enclosed with the Circular No. 89/2015/TT-BGTVT are replaced with corresponding Appendix 7 and Appendix 8 enclosed herewith.

Article 8. Amendments to Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection of imported motor vehicles (hereinafter referred to as “Circular No. 31/2011/TT-BGTVT”), Circular No. 55/2014/TT-BGTVT dated October 20, 2014 of Minister of Transport of Vietnam providing amendments to Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection of imported motor vehicles (hereinafter referred to as “Circular No. 55/2014/TT-BGTVT”), Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 42/2018/TT-BGTVT”) and Circular No. 16/2022/TT-BGTVT dated June 30, 2022 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 16/2022/TT-BGTVT”)

1. Heading of Article 9 is amended as follows:

“Article 9. Handling of inspection results and recall”.

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“5. The vehicles subject to recall as prescribed in clause 1 Article 8 of the Circular No. 03/2018/TT-BGTVT dated January 10, 2018 of the Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection of imported automobiles under the Decree No. 116/2017/ND-CP (hereinafter referred to as “Circular No. 03/2018/TT-BGTVT”) shall be recalled in accordance with the provisions of clause 2 Article 8 of the Circular No. 03/2018/TT-BGTVT.”.

Article 9. Amendments to Circular No. 44/2012/TT- BGTVT dated October 23, 2012 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection for imported motorcycles and mopeds, and imported engines used for manufacturing and assembly of motorcycles and mopeds (hereinafter referred to as “Circular No. 44/2012/TT- BGTVT”), Circular No. 19/2014/TT-BGTVT dated May 28, 2014 of Minister of Transport of Vietnam providing amendments to Circular No. 23/2009/TT-BGTVT dated October 15, 2009 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection for transport construction machinery, Circular No. 44/2012/TT- BGTVT dated October 23, 2012 of Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection for imported motorcycles and mopeds, and imported engines used for manufacturing and assembly of motorcycles and mopeds, and Circular No. 41/2013/TT-BGTVT dated November 05, 2013 of Minister of Transport of Vietnam prescribing technical safety quality inspection for electric bicycles (hereinafter referred to as “Circular No. 19/2014/TT-BGTVT”), and Circular No. 42/2018/TT-BGTVT dated July 30, 2018 of Minister of Transport of Vietnam amending Circulars prescribing vehicle registration (hereinafter referred to as “Circular No. 42/2018/TT-BGTVT”)

1. Clause 1 Article 3 of the Circular No. 44/2012/TT-BGTVT is amended as follows:

“1. Motorcycles and mopeds are motor vehicles operating on roads as prescribed in QCVN 14:2015/BGTVT - National technical regulation on safety and environmental protection for motorcycles and mopeds.”.

2. Clause 2 Article 5 of the Circular No. 44/2012/TT-BGTVT is amended as follows:

“2. Contents of inspection and testing:

a) Contents of inspection and testing shall comply with QCVN 14:2015/BGTVT.

In which:

Parts in sections 2.4.1; 2.4.2; 2.6.1; 2.6.2; 2.11.2; 2.15.3; 2.16.3; 2.18.1.5; 2.18.2.1; 2.18.2.4 are exempt from separate inspection or testing. Inspection and testing of gaseous pollutants of a vehicle as prescribed in section 2.19.1 shall be conducted if: the vehicle is not supported by the documents on gaseous pollutants as prescribed in point d clause 1 Article 4 of this Circular; the vehicle is supported by the documents on gaseous pollutants which do not show all of required tests for such vehicle type as prescribed in QCVN 04: 2009/BGTVT “National technical regulation on emission of gaseous pollutants from assembled and manufactured motorcycles and mopeds, and new imported motorcycles and mopeds”, for motorcycles and mopeds (except 2-wheeled motorcycles) or QCVN 77: 2014/BGTVT “National technical regulation on the third level of gaseous pollutant emission for new assembled, manufactured and imported two-wheeled motorcycles”; or the vehicle structure does not comply with documents on gaseous pollutants.

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b) Contents of inspection and testing for engines shall comply with QCVN 37:2010/BGTVT - National technical regulation on motorcycles and mopeds engines or QCVN 90:2019/BGTVT - National technical regulation on motor used for electric motorcycles, mopeds.”.

3. Heading of Article 6, clause 2, point b clause 3 are amended, point d is added to clause 3 Article 6 and clause 4 is added to Article 6 of the Circular No. 44/2012/TT-BGTVT as follows:

a) Heading of Article 6 of the Circular No. 44/2012/TT-BGTVT is amended as follows:

“Article 6. Procedures for issuance of certificate of quality of imported vehicles/engines and recall”.

b) Clause 2 Article 6 of Circular No. 44/2012/TT-BGTVT, as amended in clause 2 Article 6 of the Circular No. 42/2018/TT- BGTVT, is amended as follows:

“2. The quality control agency shall receive and check the components of the application for inspection and give a notice of results to the importer within 01 working day from its receipt of the application. If the application for inspection contains adequate documents as prescribed, the quality control agency shall give its confirmation in the application form. If the application for inspection does not contain adequate documents as prescribed, the quality control agency shall return it and give specific instructions to the importer for completion of the application.

Within 03 working days from its receipt of the application for inspection, the quality control agency shall reach an agreement with the importer on the time and site of inspection.”.

c) Point b Clause 3 Article 6 of Circular No. 44/2012/TT-BGTVT, as amended in clause 3 Article 6 of the Circular No. 42/2018/TT-BGTVT, is amended as follows:

“b) If a vehicle or engine does not comply with provisions of this Circular, the quality control agency shall issue a notice of non-conformity of quality for imported motorcycle/moped or engine using the corresponding form in Appendix Va and Appendix Vb enclosed herewith.”.

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 “d) If imported vehicles are damaged while they are transported from a foreign country to Vietnam, the importer may rectify the following errors, including: the vehicle paint is scratched or locally oxidized but its hull is not holed; rearview mirrors are cracked or broken; lighting or signaling system is cracked or broken; there is lack of control relays; battery fails.”.

e) Clause 4 is added to Article 6 of the Circular No. 44/2012/TT-BGTVT as follows:

“4. The imported vehicles or engines subject to recall as prescribed in clause 1 Article 8 of the Circular No. 03/2018/TT-BGTVT dated January 10, 2018 of the Minister of Transport of Vietnam prescribing technical safety quality and environmental protection inspection of imported automobiles under the Decree No. 116/2017/ND-CP (hereinafter referred to as “Circular No. 03/2018/TT-BGTVT”) shall be recalled in accordance with the provisions of clause 2 Article 8 of the Circular No. 03/2018/TT-BGTVT.”.

Article 10. Effect

1. This Circular comes into force from February 15, 2024.

2. Imported electric bicycles; imported motorcycles and mopeds, and imported engines of motorcycles and mopeds that arrive at ports or border checkpoints of Vietnam before the effective date of this Circular shall comply with the following provisions:

a) Imported electric bicycles shall comply with provisions of Circular No. 41/2013/TT-BGTVT, Circular No. 19/2014/TT-BGTVT, Circular No.42/2018/TT-BGTVT and Circular No. 16/2022/TT-BGTVT;

 b) Imported motorcycles and mopeds, and imported engines of motorcycles and mopeds shall comply with provisions of Circular No. 44/2012/TT-BGTVT, Circular No. 19/2014/TT-BGTVT and Circular No. 42/2018/TT-BGTVT.

3. Applications for design appraisal, applications for product registration or application for type approval certificate for assembled or manufactured motor vehicles or electric bicycles, and parts used for motor vehicles which have been submitted before the effective date of this Circular shall be processed as follows:

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b) Assembled or manufactured automobiles which are not subject to Decree No. 116/2017/ND-CP, trailers and semi-trailers and parts used for automobiles shall comply with provisions of Circular No. 30/2011/TT-BGTVT, Circular No. 54/2014/TT-BGTVT and Circular No. 16/2022/TT-BGTVT;

c) Assembled or manufactured motorcycles and mopeds, and parts used for motorcycles and mopeds shall comply with provisions of Circular No. 45/2012/TT-BGTVT, Circular No. 42/2018/TT-BGTVT and Circular No. 16/2022/TT-BGTVT;

d) Assembled or manufactured 4-wheeled cargo motor vehicles and parts thereof shall comply with provisions of Circular No. 16/2014/TT-BGTVT, Circular No. 42/2018/TT-BGTVT and Circular No. 16/2022/TT-BGTVT;

dd) Assembled or manufactured electric bicycles shall comply with provisions of Circular No. 41/2013/TT-BGTVT, Circular No. 19/2014/TT-BGTVT, Circular No.42/2018/TT-BGTVT and Circular No. 16/2022/TT-BGTVT;

e) Assembled or manufactured 4-wheeled passenger motor vehicles shall comply with provisions of Circular No. 86/2014/TT-BGTVT, Circular No. 42/2018/TT-BGTVT and Circular No. 16/2022/TT-BGTVT;

g) Assembled or manufactured transport construction machinery shall comply with provisions of Circular No. 89/2015/TT-BGTVT, Circular No. 42/2018/TT-BGTVT and Circular No. 23/2020/TT-BGTVT.

Article 11. Implementation 

Chief of the Ministry's Office, Chief Inspector of the Ministry, Directors General (or Directors) of Departments affiliated to the Ministry of Transport of Vietnam, Director of Vietnam Register, heads of relevant authorities, and relevant organizations and individuals shall be responsible for implementation of this Circular./.

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PP. MINISTER
DEPUTY MINISTER




Le Dinh Tho