Decree No. 87/2016/ND-CP dated July 01, 2016, conditions for motorcycle helmet business

DECREE

CONDITIONS FOR MOTORCYCLE HELMET BUSINESS

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Technical regulations and standards dated June 29, 2006;

Pursuant to the Law on Product and goods quality dated November 21, 2007;

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

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to the Law on Enterprises dated November 26, 2014;

At the request of the Minister of Science and Technology;

The Government promulgates a Decree on conditions for motorcycle helmet business.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for conditions manufacture, import and distribution of motorcycle helmets.

Article 2. Regulated entities

1. This Decree applies to:

a) Enterprises, business households and households trading in motorcycle helmets (hereinafter referred to as distributors);

c) Organizations and units related to motorcycle helmet trading.

2. This Decree does not apply to enterprises that manufacture, import or distribute motorcycle helmets serving national defense and security.

Article 3. Definitions

For the purpose of this Decree, the terms below are construed as follows:

1. Motorcycle helmet trading means manufacture, import or distribute motorcycle helmets in Vietnam.

2. Manufacture of motorcycle helmets means the entire process of manufacture and assembly of finished motorcycle helmets.

3. Distribution of motorcycle helmets means trading in motorcycle helmets by helmet agents and retailers in Vietnam.

Article 4. Regulations on motorcycle helmets

1. Motorcycle helmets shall satisfy technical and quality management provisions in National Technical Regulation.

2. A fake motorcycle helmet means:

a) A headgear that resembles a helmet but does not have the protective effects of a helmet according to applicable National Technical Regulations;

b) A hat that violates intellectual property;

c) A helmet whose label or package fraudulently bears another enterprise’s name or address;

d) A helmet that bears a fraudulent trade name;

dd) A helmet whose label or package contains fraudulent origin or manufacturer;

e) A helmet that bears a fraudulent seal of conformity of goods quality.

Chapter II

CONDITIONS FOR MOTORCYCLE HELMET TRADING

SECTION 1. MANUFACTURE OF MOTORCYCLE HELMETS

Article 5. Conditions for manufacture of motorcycle helmets

An enterprise has to satisfy the following conditions to be permitted to manufacture motorcycle helmets:

1. The enterprise is lawfully established.

2. The enterprise’s quality control system is established in accordance with TCVN ISO 9001 or ISO 9001.

3. There is at least 01 technician who has an associate degree or college degree in technology and has an at least 12-month employment contract or indefinite-term contract.

4. Infrastructure and equipment:

a) Factory:

- The factory has a fixed and clear address;

- The area is sufficient for manufacturing equipment and quality inspection equipment.

b) Manufacturing equipment:

The manufacturing equipment satisfies technical requirements for manufacture of motorcycle helmets in accordance with applied National Technical Regulation or Vietnam’s Standards. Manufacturing equipment is comprised of: Pressing device and molds for manufacturing helmet shells, shock absorption layer (foam); rivet driver (for assembly); or integrated equipment that satisfies the conditions specified in herein.

c) Quality inspection equipment:

The enterprise has a laboratory or hires another laboratory to test its helmets according to applied National Technical Regulation and Vietnam’s Standards. The laboratory must satisfy requirements specified in TCVN ISO/IEC 17025 or ISO/IEC 17025.

Article 6. Application for Certificate of eligibility to manufacture motorcycle helmets and the power to issue the Certificate

1. The Ministry of Science and Technology has the power to issue, reissue and adjust Certificates of eligibility to manufacture motorcycle helmets (hereinafter referred to as Certificates) to enterprises that satisfy the conditions specified in Article 5 hereof.

2. Receiving body:

Directorate for Standards, Metrology and Quality shall receive applications for the Certificate.

3. An application for issuance of a new Certificate consists of:

a) An application form according to Template No. 01 enclosed herewith;

b) Documents proving application of a quality control system satisfying TCVN ISO 9001 or ISO 9001.

If a Certificate of quality control system is already available, its copies shall be submitted.

c) The employment contract or employment decision and copies of the qualification specified in Clause 3 Article 5 of this Decree;

d) A list of manufacturing equipment;

dd) A list of quality inspection equipment;

e) Documents about development and application of a quality control system of a laboratory satisfying TCVN ISO/IEC 17025 or ISO/IEC 17025.

If a Certificate of conformity is already available, its copies shall be submitted.

Where a laboratory is hired to test helmets, copies of the contract with such laboratory, which has to satisfy conditions specified in Point c Clause 4 Article 5 hereof, shall be submitted.

4. An application for reissuance of the Certificate consists of:

a) An application form according to Template No. 03 enclosed herewith;

b) Original copy of the damaged Certificate (if any).

5. An application for adjustments to the Certificate consists of:

a) An application form according to Template No. 03 enclosed herewith;

b) Documents proving fulfillment of conditions for manufacture of motorcycle helmets specified in Article 5 of this Decree (for the changes);

c) In case of addition of new design or type of motorcycle helmets, documents proving their fulfilment of National Technical Regulations on motorcycle helmets.

Article 7. Submission

The application specified in Article 6 of this Decree shall be submitted as follows:

1. If the application is directly submitted to the Directorate for Standards, Metrology, and Quality, copies of the documents specified in Article 6 of this Decree shall be enclosed with the originals for comparison.

2. If the application is sent by post, certified true copies of the documents specified in Article 6 of this Decree shall be submitted.

3. If the application is submitted via the web portal of the Directorate for Standards, Metrology, and Quality, regulations on online public services shall be followed.

Article 8. Procedures for issuance of the Certificate

1. Issuance of a new Certificate:

a) If the application is satisfactory, within 03 working days from the day on which it is received, the Directorate for Standards, Metrology, and Quality shall request the applicant in writing to complete it;

b) If the application is satisfactory, within 03 working days from the day on which it is received, the Ministry of Science and Technology shall issue the Certificate according to Template No. 02 enclosed herewith. If the application is rejected, a notice containing explanation shall be sent to the applicant;

c) If the application is not valid or a site inspection is requested by a competent authority or there is information about violations related to the application, the Directorate for Standards, Metrology, and Quality shall carry out a site inspection within 07 working days from the day on which the application is received. The inspectorate may request the Directorate for Standards, Metrology, and Quality to consider extending the inspection duration by up to 07 more working days;

d) Within 03 working days from the day on which the inspection report is received, the Ministry of Science and Technology shall issue the Certificate.

If the inspection result is not satisfactory, the Directorate for Standards, Metrology, and Quality shall send a written notice containing explanation to the applicant.

2. Reissuance of a Certificate:

a) A damaged or lost Certificate may be reissued;

b) Within 03 working days from the day on which the satisfactory application is received, the Ministry of Science and Technology shall reissue the Certificate.

3. Adjustments to the Certificate:

a) A Certificate may be adjusted in case of:

- Changes to the registered address, factory address, enterprise’s name, or the legal representative;

- Changes to a design or type of motorcycle helmets that have been granted a Certificate.

b) If the application is satisfactory, within 07 working days from the day on which it is received, the Ministry of Science and Technology shall issue the Certificate according to Template No. 04 enclosed herewith. If the application is rejected, a notice containing explanation shall be sent to the applicant;

c) If the application is not valid or a site inspection is requested by a competent authority or there is information about violations related to the application, the Directorate for Standards, Metrology, and Quality shall carry out a site inspection to verify the changes within 07 working days from the day on which the application is received. The inspectorate may request the Directorate for Standards, Metrology, and Quality to consider extending the inspection duration by up to 07 more working days;

Within 03 working days from the day on which the inspection report is received,  the Ministry of Science and Technology shall issue the Certificate according to Template No. 04 enclosed herewith.

If the inspection result is not satisfactory, the Directorate for Standards, Metrology, and Quality shall send a written notice containing explanation to the applicant.

Article 9. Revocation of the Certificate

1. A Certificate shall be revoked if:

a) It is falsified; or

b) Any of the documents in the application for issuance, reissuance, or adjustment of the Certificate is fraudulent;

c) In other cases specified in by law.

2. The Ministry of Science and Technology has the power to revoke Certificates it issue and shall send official notices to their holders and relevant authorities and publish information on the website of the Ministry of Science and Technology (Directorate for Standards, Metrology, and Quality).

Section 2. IMPORT AND DISTRIBUTION OF MOTORCYCLE HELMETS

Article 10. Conditions for importing motorcycle helmets

1. The enterprise is lawfully established.

2. Quality management measures are taken before customs clearance is granted in accordance with National Technical Regulations on imported motorcycle helmets.

Article 11. Conditions for distributing motorcycle helmets

1. The enterprise is lawfully established; the business household or household has been registered as a business household in accordance with enterprise registration regulations.

2. A motorcycle helmet agent or retailer shall:

a) Has a fixed address;

b) Has a noticeable signboard put up in the front of the shop.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 12. Responsibility of Ministries, regulatory bodies and the People’s Committees of provinces

1. The Minister of Science and Technology shall:

a) Take charge and cooperate with relevant bodies in developing Vietnam’s Standards and National Technical Regulations on motorcycle helmets; declare Vietnam’s Standards on motorcycle helmets and promulgate National Technical Regulations on motorcycle helmets;

b) Ensure quality management in motorcycle helmet trading;

c) Take charge and cooperate with the Ministry of Industry and Trade, the Ministry of Public Security, the People’s Committees of provinces and relevant agencies in carrying out inspections and dealing with violations against regulations on conditions for motorcycle helmet trading and motorcycle helmets quality specified in this Decree and relevant regulations of law.

2. The Ministry of Industry and Trade shall:

a) Carry out inspections and deal with violations against regulations on motorcycle helmet distribution. Cooperate with the Ministry of Science and Technology in dealing with violations against regulations on motorcycle helmet trading, motorcycle helmets quality in manufacture and import of motorcycle helmets discovered during inspections;

b) Cooperate with the Ministry of Science and Technology, the Ministry of Public Security, the People’s Committees of provinces and relevant agencies in carrying out inspections and dealing with violations against regulations on conditions for motorcycle helmet trading and motorcycle helmets quality in manufacture and import of motorcycle helmets specified in this Decree and relevant regulations of law.

3. The Ministry of Public Security shall:

Cooperate with the Ministry of Industry and Trade and the Ministry of Science and Technology in carrying out inspections and dealing with violations against regulations on conditions for motorcycle helmet trading and motorcycle helmets quality in manufacture, import and distribution of motorcycle helmets specified in this Decree and relevant regulations of law.

4. The Ministry of Transport shall:

Take charge and cooperate with National Traffic Safety Committee in disseminating regulations of law on trading in and use of motorcycle helmets specified in this Decree and relevant regulations of law.

5. The People’s Committees of provinces shall:

a) Cooperate with the Ministry of Industry and Trade, the Ministry of Science and Technology and the Ministry of Public Security in enhancing inspections and dealing with violations against regulations on manufacture, import and distribution of motorcycle helmets in their provinces according to this Decree and relevant regulations of law;

b) Provide guidelines on receipt of notices from manufacturers, importers and distributors of motorcycle helmets.

Article 13. Responsibilities of manufacturers, importers and distributors of motorcycle helmets

1. Every manufacturer and importer of motorcycle helmets shall:

a) Fulfill quality management requirements during the manufacture and import of motorcycle helmets; retain documents about motorcycle helmet quality (Certificates of conformity, Certificate of submission of declaration of conformity, Notice of import quality inspection result);

b) Publish the list of agents and retail outlets that sell motorcycle helmets it manufactures or imports on its websites or at its office; provide certified true copies of the Certificate of conformity to the agents and retail outlets satisfying conditions specified in Article 11 of this Decree;

c) Send a written notification of the name, address and legal representative of the motorcycle helmet manufacturer or importer to the People’s Committee of the commune, market surveillance authority and science and technology authority in the commune where the enterprise is registered within 07 days from the issuance date of the Certificate (for manufacturers) or the date of import (for importers).

d) Submit annual or ad hoc reports on manufacture and/or import of motorcycle helmets to the Ministry of Science and Technology.

2. Every distributor of motorcycle helmets shall:

a) Only sell motorcycle helmets that satisfy requirements specified in Clause 1 Article 4 of this Decree;

b) Send a written notification of the name, address and legal representative of the agent or retail outlet to the People’s Committee of the commune within 07 days from the inauguration date;

c) Retain certified true copies of the Certificates of conformity provided by the manufacturer(s) and/or importer(s) of motorcycle helmets at the shop.

Chapter IV

IMPLEMENTATION CLAUSE

Article 14. Effect

This Decree comes into force from July 01, 2016.

Article 15. Transition clause

1. Within 12 months from the effective date of this Decree, manufacturers of motorcycle helmets shall fulfill all conditions and obtain the Certificate in accordance with this Decree.

2. Within 06 months from the effective date of this Decree, importers and distributors of motorcycle helmets shall fulfill all conditions specified in this Decree.

Article 16. Responsibility for implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces, relevant organizations and individuals are responsible for the implementation of this Decree./.

APPENDIX

LIST OF TEMPLATES

Template No. 01

APPLICATION FOR CERTIFICATE OF ELIGIBILITY TO MANUFACTURE MOTORCYCLE HELMETS

Enterprise’s name: ..........................................................................................................

Headquarters address: ...................................................................................................

Factory address: ........................................................................................................

Tel:…………………… fax:………………………… email: .....................................

Certificate of Enterprise Registration No. … dated … issued by … in; TIN:

We hereby request the Ministry of Science and Technology (Directorate for Standards, Metrology and Quality) to consider granting the Certificate of eligibility to manufacture motorcycle helmets to … [name of enterprise] according to the Government's Decree No. ... dated … on conditions for motorcycle helmet business.

The application consists of:

1. ......................................................................................................................................

2. ......................................................................................................................................

 [name of enterprise] is committed to comply with Government's Decree No. ... dated … on conditions for motorcycle helmet business and relevant legislative documents and responsible for the quality of our helmets./.

Template No. 02

CERTIFICATE OF ELIGIBILITY TO MANUFACTURE MOTORCYCLE HELMETS

Pursuant to the Government's Decree No. ... dated … on conditions for motorcycle helmet business;

Pursuant to Decision No. … on functions, tasks, entitlements and organizational structure of the Directorate for Standards, Metrology, and Quality;

In consideration of the application submitted by [name of enterprise]

At the request of … [name of verifying authority], Directorate for Standards, Metrology and Quality hereby certifies that:

1. Enterprise’s name: ..........................................................................................................

Headquarters address: ........................................................................................................

Factory address: ........................................................................................................

Tel:…………………… fax:………………………… email: .....................................

Certificate of Enterprise Registration No. … dated … issued by … in ; TIN: …

Has fulfilled all conditions and therefore eligible for manufacturing motorcycle helmets. List of motorcycle helmets manufactured: … (brand names, types)1.

2. Certificate number: ......................................................................................................

3. This Certificate is issued: ………………2..................................................................

4. [Name of enterprise] shall comply with regulations on motorcycle helmet quality control specified in the Government's Decree No. ... dated … on conditions for motorcycle helmet business and relevant legislative documents, and take responsibility for motorcycle helmet quality in accordance with applied National Technical Regulations./.

_______________

1 An Appendix may be made out if the list is long.

2 – Write “lần đầu” (“for the first time") if the Certificate is issued for the first time.

  - Write “Giấy chứng nhận được cấp lại và thay thế Giấy chứng nhận số ……/…… ngày.... tháng.... năm.... của Tổng cục Tiêu chuẩn Do lường Chất lượng” (“to replace Certificate No. … dated … issued by the Directorate for Standards, Metrology, and Quality”) if the Certificate is reissued.

Template No. 03

APPLICATION FOR REISSUANCE/ADJUSTMENT OF CERTIFICATE OF ELIGIBILITY TO MANUFACTURE MOTORCYCLE HELMETS

Enterprise’s name: ..........................................................................................................

Headquarters address: ...................................................................................................

Factory address: ........................................................................................................

Tel:…………………… fax:………………………… email: .....................................

Certificate of Enterprise Registration No. … dated … issued by … in ; TIN: …    

[Name of enterprise] was granted Certificate of eligibility to manufacture motorcycle helmets No. ... dated ... by the Directorate for Standards, Metrology, and Quality.

 We hereby request the Directorate for Standards, Metrology, and Quality to consider reissuing/adjusting the Certificate according to the Government's Decree No. … dated … on conditions for motorcycle helmet business.

Reason for reissuance/adjustment:

..........................................................................................................................................

..........................................................................................................................................

[Name of enterprise] is committed to comply with Government's Decree No. ... dated … on conditions for motorcycle helmet business and relevant legislative documents and responsible for the quality of our helmets./.

Template No. 04

ADJUSTMENTS TO CERTIFICATE OF ELIGIBILITY TO MANUFACTURE MOTORCYCLE HELMETS

Pursuant to the Government's Decree No. ... dated … on conditions for motorcycle helmet business;

Pursuant to Decision No. … on functions, tasks, entitlements and organizational structure of the Directorate for Standards, Metrology, and Quality;

In consideration of the application submitted by [name of enterprise];

At the request of … [name of verifying authority], Directorate for Standards, Metrology and Quality hereby certifies that:

1. Enterprise’s name: .....................................................................................................

Headquarters address: ..................................................................................................

Factory address: ........................................................................................................

Tel:…………………… fax:………………………… email: .....................................

[Name of enterprise] was granted Certificate of eligibility to manufacture motorcycle helmets No. ... dated ... by the Directorate for Standards, Metrology, and Quality.

Scope of the Certificate: 1.......

.........................................................................................................................................  

2. Number of the first Certificate: ..................................................................

3. This Certificate is issued for the … time.

4. [Name of enterprise] shall comply with regulations on motorcycle helmet quality control specified in the Government's Decree No. ... dated … on conditions for trading in motorcycle helmets and relevant legislative documents, and take responsibility for motorcycle helmet quality in accordance with applied National Technical Regulations./.

_______________

1 An Appendix may be made out if the list is long.