Laws of Vietnam

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

DECIDES:

Article 1.- To issue together with this Decision the "Regulation on the quality and technical safety inspection of land road motor vehicles which are manufactured and/or assembled according to domestic designs."

Article 2.- This Decision takes effect 15 days after its signing and replaces Decision No. 1774-QD/KHKT-PCVT of July 16, 1997 of the Minister of Communications and Transport.

Article 3.- The director of the Ministry’s Office, the director of the Department for Science and Technology, the director of the Department for Legal Affairs and Transport, the director of Vietnam Registry Bureau, the director of Vietnam Road Administration, the directors of the Communications and Transport or Communications and Public Works Services of the provinces and centrally-run cities and the heads of the concerned units shall have to implement this Decision.

For the Minister of Communications and Transport
Vice Minister
LA NGOC KHUE

1.1. The manufacture and assembly of land road motor vehicles prescribed by this Regulation mean the use of all brand-new, imported or home- made details, components and systems, including the synchronous use of components and systems of chassis automobiles or of new, unused and unregistered land road motor vehicles for manufacture or assembly of new land road motor vehicles according to the domestic designs.

1.2. Terms used in this Regulation shall be construed as follows:

- Land road motor vehicles include all types of vehicles defined in TCVN 6211:1996 "Land road traffic vehicles - Type - Terms and definition."

- Chassis automobiles are automobiles in the semi-finished form, which may move on their own, with or without cabs, without cargo trunks, without passenger compartments, not fitted with special-use devices.

- Components mean engines, gear boxes, frames, cabs and bodies or cargo trunks or special-use devices fitted on the vehicles.

- Systems include the force-transmitting system, movement system, hanging system, brake system, driving system, electric system, lighting lamps and signals.

- Products mean details, components, systems or land road motor vehicles manufactured and/or assembled at manufacturing establishments.

- Products of the same type are those of the same industrial property owner, the same design, the same technical parameters, the same identification code (excluding characters indicating the steering wheel position, place of manufacture).

Industrial property owners shall be interpreted according to Article 33, Chapter 4 of the Government’s Decree No. 63/CP of October 24, 1996 detailing the industrial property.

1.3. Objects and scope of application

- This Regulation shall apply to the designing, manufacture and assembly of all types of land road motor vehicles mentioned in Item 1.1, including the designing and manufacture of details, components and systems for assembly of the above-said types of land road motor vehicles.

- This Regulation shall not apply to land road motor vehicles which are manufactured and assembled by the Ministry of Defense for military purposes and by the Ministry of Public Security for security and social order maintenance purpose.

1.4. Designing units

Designing units are units with the legal person status, having registered their land road motor vehicle designing business in conformity with the current law provisions, having sufficient capability and conditions to perform the designing tasks.

1.5. Manufacturing establishments

Manufacturing establishments are enterprises with the legal person status, having registered their land road motor vehicles manufacture and assembly business in conformity with the current law provisions, having sufficient material and technical base to assure the quality of products during the process of manufacture and assembly.

1.6. Quality control body

Vietnam Registry Department is the body exercising the specialized State management over the quality of communications and transport vehicles (herein after referred to as the quality control body for short). It shall organize and carry out the expertise of designs, inspect the quality and technical safety of those products mentioned in this Regulation.

2. Provisions on the design dossiers and design evaluation

2.1. Design dossiers

2.1.1. The design dossier of details, components and systems shall comprise:

- The drawing and technical parameters of the product;

- The drawing on the general arrangement of products being components or systems.

2.1.2. The design dossier of a vehicle shall comprise:

- Technical drawings:

+ The drawing on the general arrangement of the product;

+ The drawing on the assembly of components or systems;

+ The drawing and technical parameters of home-made details, components or systems;

+ A description of the technical parameters and properties of imported components or systems;

The technical drawings must be made according to the Vietnamese standards currently in force.

- The calculation explanation with the following contents:

+ Explanation on the basic technical properties of the product;

+ Calculation of kinetic and dynamic characteristics;

+ Calculation of durability test.

2.1.3. Each type of the above design dossiers shall be made in 3 sets to be sent to the quality control body for evaluation.

2.2. Design evaluation

2.2.1. Design evaluation means the consideration, examination and comparison of the contents of the product design dossiers with the current standards and regulations relating to land road motor vehicles so as to ensure that the manufactured or assembled vehicles satisfy the requirements on quality, technical safety and environmental protection.

2.2.2. The design dossier evaluation results must be notified within 15 days after receipt of the complete and valid design dossiers. Where to extend the evaluation time needs to be prolonged due to the required supplements and/or amendments to the design dossiers, the quality control body must notify in writing the designing units thereof.

2.2.3. After evaluation, the dossiers shall be transferred to the designing units, manufacturing establishments and filed at the quality control body.

3. Provisions on manufacture and assembly

3.1. The manufacture and assembly of products must comply with the evaluated designs, ensuring the requirements on quality and technical safety.

Basing themselves on the evaluated designs, the manufacturing establishments shall have to elaborate the technological process, the quality and technical safety inspection process and must fully furnish the necessary control devices for each corresponding manufacturing phase. Such devices must be inspected and adjusted according to current provisions.

3.2. For products of the same type which have been granted quality certificates for mass production, the manufacturing establishments shall have to sustain the product quality according to the certified criteria and be responsible for the quality of their products.

4. Provisions on quality and technical safety inspection

4.1. Inspection dossiers

4.1.1. A dossier for inspection of details, components or systems shall comprise:

- The products’ design dossiers already evaluated;

- An explanation on the signs imprinted on the products;

- An explanation on the production technological process and the product quality inspection process;

- The record on the test of the products of the manufacturing establishment;

- Copies of the quality certificates (if any) in the following cases:

+ Quality certificates issued by the competent agencies for products manufactured according to the domestic designs;

+ Documents made by the foreign industrial property owners of the products certifying that the products manufactured with the technology transferred from abroad have the same quality as that of original products of the same type;

+ Quality certificates issued by the foreign competent bodies for imported products.

4.1.2. Inspection dossiers of land road motor vehicles shall comprise:

- The design dossier, photos of the vehicles’ designs;

- A list of the home-made and imported details, components and systems.

- The production and assembly technological process; criteria and procedures for the vehicles’ quality inspection;

- Quality certificates of the components, systems, relating to the vehicles’ technical safety;

- The registration document and explanation on the method of imprinting the engine and frame serial numbers;

- Technical materials introducing the vehicles’ properties and technical properties in service of their exploitation and use;

- The quality inspection results of the manufacturing establishments for sample products in the manufacturing and assembling phases.

4.1.3. Each type of the above-said dossiers shall be made in one set and sent to the quality control body to serve as basis for the quality and technical safety inspection.

4.2. Quality and technical safety inspection

4.2.1. Quality and technical safety inspection means the examination, test and evaluation of the quality of details, components, systems as well as of the entire vehicles manufactured or assembled according to the already evaluated design dossiers, criteria and current regulations on the quality, technical safety and environmental protection.

4.2.2. The inspection shall be conducted by mode of sample inspection. Sample products used for the quality inspection and certification must be of the types, technical parameters and origin compatible to the inspection dossiers stipulated in Item 4.1.

Basing itself on the testing methods according to current criteria, the quality control body shall specify the number of samples to be tested.

4.2.3. If the tested sample products meet the set criteria, the quality control body shall grant a quality certificate to such type of products in the set form.

4.2.4. For products being details, components or systems related to the vehicles’ technical safety, which have been granted one of the quality certificates mentioned in Item 4.1.1 of this Regulation, the quality control body may not inspect them.

4.2.5. The inspection and certification of the products’ quality shall be conducted with 15 days after the receipt of the complete and valid dossiers. Where the inspection time needs to be prolonged due to the required supplements and/or amendments to the dossiers or takes effect 15 days after its signing required perfection of the sample products, the quality control body must notify in writing the manufacturing establishment thereof.

4.2.6. For products of the same type, which have been granted a quality certificate by the quality control body, if the manufacturing establishments satisfy all conditions set in Item 4.2.7. They shall be authorized in writing by the quality control body to self-test these products and grant the delivery quality inspection cards according to the provision in Item 4.2.8 to every subsequent product and take responsibility for the quality of their products.

4.2.7. Conditions for the manufacturing establishments to be authorized to test mass-produced products shall be as follows:

- Meeting all conditions on technical and material bases, facilities and equipment stated in Items 1.5 and 3 of this Regulation.

- Having product quality inspectors who have been trained and granted the certificates of quality inspection skills by the quality control body.

The quality control body shall examine the manufacturing establishments which meet all the above-said conditions and effect the authorization in writing.

4.2.8. Delivery quality inspection cards shall be made in the set form.

Delivery cards made in form 2a shall be issued and managed by the manufacturing establishments themselves for products being components or systems.

Delivery cards made in form 2b shall be uniformly issued, managed and guided on their use by the quality control body for products being land road motor vehicles;

Delivery quality inspection cards must be signed by the directors of the manufacturing establishments or persons who are authorized in writing by the directors and approved by the quality control body.

4.3. Technical dossiers issued for products

The manufacturing establishments shall have to issue to each delivered product the following technical dossiers:

4.3.1. For products being components or systems:

- The delivery quality inspection cards as prescribed in Item 4.2.8;

- A description of the product’s parameters and technical properties.

4.3.2. For land road motor vehicles

- The delivery quality inspection cards as prescribed in Item 4.2.8;

- Technical materials introducing the vehicle’s properties and technical characteristics in service of its exploitation and use.

- The warranty card.

4.3.3. The delivery quality inspection cards issued to the manufactured or assembled land road motor vehicles mentioned in Item 4.3.2 shall be used for carrying out the vehicle registration procedures.

5. Other provisions

5.1. Biannually, the quality control body shall sum up the situation of the product quality inspection and report it to the Ministry of Communications and Transport (through the Department for Sciences and Technologies) and notify the Vietnam Road Administration thereof.

5.2. The inspection dossiers must be filed at the quality control body at the manufacturing establishments for at least five years.

5.3. After authorization, the quality control body shall have to inspect the manufacturing establishments in the assurance of the quality of manufactured and assembled products. Where it detects a manufacturing establishment violates the regulations on the product quality assurance, it may withdraw the quality inspection authorization papers.

5.4. The quality control body may collect fees relating to the product quality examination and certification according to current regulations.

5.5. The quality certificates, delivery quality inspection cards and stamps on permission to inspect quality already issued to products prescribed in Item 1.3 prior to the effective date of this Decision shall be still valid.

5.6. The quality control body shall base on its functions and tasks to guide in detail the implementation of this Regulation.

For the Minister of Communications and Transport
Vice Minister
LA NGOC KHUE