Laws of Vietnam

THE MINISTER OF TRANSPORT

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on inspection of quality, technical safety and environmental protection in manufacture and assembly of motorcycles and mopeds.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO," annulling the Transport Minister's Decision No. 2557/2002/QD-BGTVT of August 16, 2002.

Article 3.- The director of the Ministry's Office; the Chief Inspector of the Ministry's Inspectorate; directors of departments; the Director of Vietnam National Road Administration; the Director of the Vietnam Register; heads of concerned agencies and units; and concerned individuals shall implement this Decision.

Minister of Transport
HO NGHIA DUNG

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation, subjects of application

1. This Regulation provides for inspection of quality, technical safety and environmental protection in manufacture and assembly of motorcycles and mopeds.

2. This Regulation applies to manufacturers and assemblers of motorcycles, mopeds, and motorcycle and moped components, and agencies and organizations involved in testing, quality certification inspection, technical safety and environmental protection.

3. This Regulation does not apply to motorcycles and mopeds manufactured and assembled for defense and security purposes.

Article 2.- Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. Systems include transmission system, movement system, suspension system, brake system, driving system, and electric system used in motorcycles and mopeds;

2. Components include systems, engines, frames, detail assemblies and details used for assembly of motorcycles and mopeds;

3. Products include motorcycles, mopeds and motorcycle and moped components;

4. Products of the same type are products of the same industrial property owner, with identical mark, design and technical specifications, and turned out with the same technology;

5. Product type approval certification means the process of inspecting, testing, considering, assessing and certifying the conformity of a type of product with current standards and technical regulations on quality, technical safety and environmental protection;

6. Typical samples are product samples selected by manufacturers according to regulations and transferred to testing establishments for testing;

7. Quality control agency: The Vietnam Register under the Ministry of Transport, an agency performing specialized state management of quality, technical safety and environmental protection for motorcycles and mopeds (below collectively referred to as the quality control agency), is responsible for organizing the inspection of quality, technical safety and environmental protection for products specified in this Regulation;

8. Testing establishments include domestic and overseas testing units which have been assessed, accredited and permitted by the quality control agency to test typical samples;

9. Manufacturers are enterprises manufacturing and assembling motorcycles, mopeds and motorcycle and moped components that have adequate physical and technical foundations under current provisions of law.

Chapter II

ORDER AND CONTENTS OF INSPECTION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION

Article 3.- Testing of typical samples

1. Items subject to inspection and testing are specified in Appendix I to this Regulation. Assessment criteria include standards and technical regulations publicized by competent state agencies for compulsory application.

Typical-sample testing results serve as a basis for considering, assessing, granting, and re-confirming the validity of, type approval certificates.

2. Manufacturers shall transfer typical samples to testing establishments.

The quantity of test samples complies with current regulations, standards and technical regulations.

3. Typical samples shall be tested at testing establishments.

a/ Testing establishments shall test typical samples according to processes based on standards and technical regulations; make test-result reports according to a set form and bear responsibility for their test results.

b/ When necessary, the quality control agency shall directly supervise the testing;

4. Management of test samples: The quality control agency shall guide testing establishments and manufacturers in keeping and managing test samples.

Article 4.- Registration dossier of product type approval certification

In order to have the quality of a type of product certified, a manufacturer shall make a registration dossier of product type approval certification (below collectively referred to as registration dossier) and send it to the quality control agency.

1. For components, a registration dossier comprises:

a/ A written registration of technical specifications, enclosed with a technical drawing indicating principal dimensions and materials and a photo of the product; explanations on signs and serial numbers on the product (if any);

b/ The testing establishment's original test-result report;

c/ Explanations on the quality control system;

d/ A list of principal components used for engine assembly (in case the product is an engine).

If the product is a component imported from overseas, accompanied with a copy of the type approval certificate granted by a competent state agency of the country of its origin, the registration dossier specified in this Clause is not required.

2. For motorcycles and mopeds, a registration dossier comprises:

a/ A written registration of technical specifications, enclosed with a design photo and a general drawing of the product and a sample of the registered goods label;

b/ The testing establishment's original test-result report; a report on emission test results (or similar documents);

c/ Explanations on the quality control system;

d/ Explanations on the method of embossing chassis and engine numbers and their positions;

e/ A list of principal components used for vehicle assembly;

f/ Use instructions and product warranty;

g/ A competent state agency's written certification of an enterprise's full satisfaction of criteria for motorcycle/moped manufacture and assembly, for enterprises which manufacture and assemble motorcycles/mopeds for the first time;

h/ The manufacturer's written commitment that the product type to be registered for certification does not infringe upon industrial property rights under protection and that the manufacturer shall take responsibility for infringements, if any, according to law.

Article 5.- Assessment of quality inspection conditions at manufacturers

1. The quality control agency shall assess quality inspection conditions at manufacturers in terms of:

a/ Quality control systems: inspection equipment, inspectors, documents on the control of the inspection process, and preserved documents on inspection results;

b/ The actual operation of manufacturers' quality inspection systems and the capability to maintain quality in the course of manufacture and assembly.

2. Forms of assessment:

a/ First-time assessment shall be conducted upon the grant of technical safety and environmental protection certificates for product types;

b/ Annual assessment shall be conducted upon re-confirmation of the validity of technical safety and environmental protection certificates for product types;

c/ Irregular assessment shall be conducted if a manufacturer violates regulations on quality inspection or complaints are lodged about product quality.

3. For similar product types, who do not require changes in the inspection process, the results of previous assessments of quality inspection conditions may be used.

4. For imported components subject to compulsory inspection, assessment of quality inspection conditions at manufacturers is not required.

Article 6.- Grant of certificates

1. The quality control agency shall, based on registration dossiers specified in Article 4 and reports on assessment results of product quality inspection conditions at manufacturers specified in Article 5, grant quality, technical safety and environmental protection certificates for product types according to relevant forms in Appendices IIa and IIb to this Regulation (not printed herein).

2. If failing to satisfy the conditions for grant of certificates, a manufacturer may apply remedies within 6 months. Past this time limit, the manufacturer must carry out procedures as for the first-time registration.

3. Within 15 days after receiving a complete and valid dossier, the quality control agency shall grant certificates, or issue a notice of the reason for its refusal to grant a certificate under the provisions of Clauses 1 and 2 of this Article.

Article 7.- Inspection during manufacture and assembly

1. Manufacturers may manufacture and assemble subsequent products only after being granted quality certificates for those product types and shall ensure that those products are conformable with registration dossiers and tested typical samples. Manufacturers are accountable for the origin and quality of manufactured products.

2. Manufacturers shall equip themselves with inspection devices in the course of manufacture. The list of essential devices for quality inspection of products upon release from factories is defined in Appendix III to this Regulation (not printed herein). Annually, these devices shall be inspected and have their operation state certified by the quality control agency.

3. Manufacturers must have technicians to conduct product quality inspection who have received proper inspection skills training suitable to manufacture and assembly forms.

4. Forms of quality inspection of products upon their release from factories

Products must be inspected by manufacturers before they are released from factories (below collectively referred to as inspection upon release from factory);

a/ For components, manufacturers shall conduct by themselves inspection upon release from factory according to current regulations, standards and technical regulations;

b/ For motorcycles and mopeds, manufacturers shall conduct inspection upon release from factory of every product according to proper modes and quality, technical safety and environmental protection criteria based on current standards and technical regulations;

The quality control agency may conduct irregular inspection; if irregular inspection results show that a manufacturer violates regulations on product quality inspection, this agency shall, depending on the severity of the manufacturer's violations, revoke the certificate or directly supervise the inspection upon release from factory.

5. Based on its type approval certificate and its work of inspection upon release from factory, the manufacturer will be provided with blank cards of quality inspection upon release from factory (according to the form in Appendix IV to this Regulation, not printed herein) for each lot of manufactured and assembled vehicles.

Based on each vehicle's inspection result, the manufacturer shall issue a card of quality inspection upon release from factory. Those cards must be signed by a competent person (the head, deputy head or a person authorized in writing by the head of the manufacturer) and stamped.

Cards of quality inspection upon release from factory granted to motorcycles and mopeds shall be used for carrying out vehicle registration procedures.

6. Dossiers of release from factory

The manufacturer shall make, and grant to each product, the following dossiers upon release from factory:

a/ For engines and chassis: a card of quality inspection upon release from factory.

b/ For motorcycles and mopeds:

- A card of quality inspection upon release from factory specified in Clause 5 of this Article;

- Use instructions and a product warranty card (clearly indicating warranty conditions and warrantors' addresses).

Article 8.- Re-confirmation or revocation of type approval certificates

1. Annually, at the proposal of manufacturers, the quality control agency shall, based on results of re-assessment of quality inspection conditions specified at Point b, Clause 2, Article 5 of this Regulation, re-confirm the validity of certificates.

For chassis, engines and vehicles, the quality control agency shall take random samples of products of the same type at manufacturers, test those samples at testing establishments according to relevant standards and technical regulations.

2. Within 15 days after receiving a complete and valid dossier, the quality control agency shall re-confirm the validity of certificates.

3. In case of changes in assessment regulations, standards, technical regulations or products, affecting the conformity of types of those products with assessment regulations, standards or technical regulations, the manufacturer shall carry out the following additional procedures:

a/ To add documents related to changes in products.

b/ To re-test products according to new regulations, standards and technical regulations.

4. Quality certificates shall be revoked and invalidated when one of the following violations is committed:

a/ The manufacturer seriously violates the regulations concerning assurance of quality and technical safety of certified product types;

b/ The manufacturer fails to recall according to regulations products with design or manufacture faults, threatening to cause danger to users and adversely affecting the environment.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 9.- Responsibilities of the quality control agency

1. Based on its assigned functions and tasks, to provide specific guidance on implementation of this Regulation.

2. To uniformly issue, manage, and provide use instructions for, cards of quality inspection upon release from factory for motorcycles and mopeds specified in Clause 6, Article 7 of this Regulation.

3. To assess, accredit, and publicize a list of, testing establishments approved to test components, motorcycles and mopeds in service of quality inspection, technical safety and environmental protection.

4. To conduct regular and irregular examination and inspection of quality assurance by manufacturers.

5. The quality control agency and testing establishments may collect charges according to current regulations.

6. Biannually and annually, to review and report to the Ministry of Transport results of quality inspection, technical safety and environmental protection for motorcycles and mopeds manufactured and assembled in the country.

Article 10.- Management and preservation of dossiers

1. Quality certificates and cards of quality inspection upon release from factory granted under Decision No. 2557/2002/QD-BGTVT may be used until their expiration dates.

2. Inspection dossiers must be preserved at the quality control agency and manufacturers for 3 years from the time the manufacturers stop manufacturing and assembling products that have been granted certificates.

Article 11.- Inspection, examination, and handling of violations

The inspection, examination, and handling of violations of this Regulation comply with the provisions of law.