Laws of Vietnam

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

DECIDES:

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

Article 2.- This Decision takes effect 15 days after its signing and replaces Decision No. 1259-QD/KHKT-PCVT of June 4, 1996 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 directors of the Department for Legal Affairs and Transport, the director of Vietnam Registry Department, 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 subject to this Regulation mean the use of all brand-new imported or home-made details, components and systems, for manufacture or assembly of land road motor vehicles according to foreign designs and bearing foreign trademarks in accordance with current regulations.

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."

- Components mean vehicle bodies or cargo trunks or special-use devices installed 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 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 for use by the Ministry of Defense for military purposes and by the Ministry of Public Security for security and social order maintenance purposes.

1.4. Manufacturing establishments

Manufacturing establishments are foreign-invested enterprises with the investment licenses for manufacture and assembly of land road motor vehicles or domestic enterprises with the legal person status, having registered their land road motor vehicle manufacture and/or assembly business under the current law provisions, having sufficient material and technical bases in order to assure the quality of products during the process of manufacture and/or assembly.

1.5. 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 quality and technical safety inspection for those products mentioned in this Regulation.

2. Provisions on the technical dossiers of products

2.1. Technical dossiers

2.1.1. The technical dossiers of details, components or systems shall comprise:

- The technical drawings, the description of technical parameters and standards accompanied with the designing and manufacturing criteria of the products;

- Explanation on the technological solutions to assure the product quality;

- Explanation on the signs used on the products;

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

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

+ 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 of the foreign competent bodies for imported products.

2.1.2. The technical dossiers of land road motor vehicles shall comprise:

- The general drawing, photos of the products’ design; the description of the technical properties as well as quality and technical safety standards accompanied with the design and manufacture criteria;

- Quality certificates of components and systems related to the technical safety of the vehicles;

- Explanation on the technological solutions to ensure the product quality during the process of manufacture and assembly;

- The registration documents and explanation on the methods and places of imprinting engine and frame serial numbers;

- Technical materials introducing the technical properties and characteristics of the products in service of their exploitation and use;

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

- Copies of the vehicle quality and technical safety certificates issued by the competent State bodies of the place of origin of the products;

- Documents made by the foreign industrial property owners of the vehicles certifying that the vehicles have the same quality as that of original products of the same type.

2.2. Examination of dossiers

2.2.1. The examination of dossiers conducted by the quality control body means the examination and comparison of the products’ technical properties with the current standards and regulations in order to ensure that the manufactured or assembled products satisfy the quality requirements and suit the infrastructural conditions as well as ensure traffic safety.

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

3. Provisions on manufacture and assembly

3.1. The manufacture and assembly of products must comply with the technical dossiers already examined, meeting the requirements on quality and technical safety.

The manufacturing establishments shall have to elaborate the technological process, the quality control and technical safety process and at the same time fully furnish the necessary control devices for each corresponding manufacturing phase. Such devices must be checked and adjusted according to current regulations.

3.2. For products of the same type, which have been granted quality certificates, the manufacturing establishments shall have to sustain the product quality according to the certified standards and take responsibility for the quality of their products.

4. Provisions on quality and technical safety inspection

4.1. Quality and technical safety inspection

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

4.1.2. 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 technical dossiers stipulated in Item 2.

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

4.1.3. If the tested sample products meet the set criteria, the quality control body shall grant quality certificates to such type of products, made in the set forms.

4.1.4. For products being details, components or systems related to the vehicles’ technical safety, which have been issued one of the quality certificates mentioned in Item 2.1.1 of this Regulation, the quality control body may not inspect them.

4.1.5. The inspection and certification of the products’ quality shall be conducted within 15 days after the technical dossiers have been examined. Where such time limit needs to be prolonged due to the required perfection of the sample products, the quality control body must notify in writing the manufacturing establishment thereof.

4.1.6. For products of the same type, which have been issued quality certificates by the quality control body, if the manufacturing establishments satisfy all conditions set in Item 4.1.7, 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 4.1.8 to every subsequent product and take responsibility for the quality of their products.

4.1.7. Conditions for the manufacturing establish-ments to be authorized to inspect the quality of mass-produced products shall be as follows:

- Meeting all conditions on technical and material bases, facilities and equipment stated in Items 1.4 and 3 of this Regulation.

- Having product quality inspectors who have been granted by the foreign manufacturers or the quality control body certificates of quality inspection skills suited to the manufactured or assembled products.

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

4.1.8. 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 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.

4.2. Technical dossiers issued for products

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

4.2.1. For products being components or systems:

- The delivery quality inspection cards as prescribed in Item 4.1.8;

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

4.2.2. For land road motor vehicles

- The delivery quality inspection cards as prescribed in Item 4.1.8;

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

- The warranty card.

4.2.3. The delivery quality inspection cards issued to the manufactured or assembled land road motor vehicles mentioned in Item 4.2.2 above 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 Science and Technology) and notify Vietnam Road Administration thereof.

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

5.3 After authorization, the quality control body shall have to inspect the manufacturing establishments in their 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 paper.

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

5.5. The product 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