Chương I Nghị định 116/2017/NĐ-CP sản xuất lắp ráp nhập khẩu kinh doanh dịch vụ bảo hành bảo dưỡng ô tô: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree deals with requirements for manufacturing, assembly and import of motor vehicles and trade in motor vehicle warranty and maintenance services provided for motor vehicle manufacturers, assemblers and importers.

Article 2. Regulated entities

1. This Decree applies to motor vehicle manufacturers, assemblers and importers and traders of motor vehicle warranty and maintenance services in Vietnam and relevant authorities and entities.

2. Business conditions stated in this Decree do not apply to manufacturers, assemblers and importers of the following motor vehicles:

a) Motor vehicles manufactured or assembled:

- For the purposes of national security;

- From chassis having cabs or from completed motor vehicles that have been certified technical safety quality and environmental safety;

- Not using public roads and operating in a small scale only.

b) Motor vehicles imported:

- For the purposes of national security under a plan approved by the Prime Minister;

- In the form of temporary import of entities receiving incentives or exemptions prescribed by the Government or the Prime Minister;

- As gifts or movables; by foreign assistance; or for scientific research purposes;

- For particular purposes under the Prime Minister’s decisions;

- In the form of temporary import or temporary export; in transit or to bonded warehouse;

- Not using public roads and operating in a small scale only;

- Single-purpose motor vehicles, passenger-carrying motor vehicles and goods-transporting motor vehicles defined in TCVN 6211: Road vehicles - Types - Terms and definitions; and TCVN 7271: Road vehicles - Motor vehicles - Classifications by usage purposes.        

3. This Decree does not apply to motor vehicle warranty and maintenance centers not providing motor vehicle warranty and maintenance services for motor vehicle manufacturers, assemblers and importers.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. "motor vehicles" are identified within a number of road motor vehicle classes including cars, buses, trucks and single-purpose motor vehicles defined in TCVN 6211: Road vehicles - Types - Terms and definitions, TCVN 7271: Road vehicles - Motor vehicles - Classifications by usage purposes and chassis.

2. “chassis” means semi-finished motor vehicles with or without caps, without containers, passengers’ seats or special-purpose gears.

3. “motor vehicle manufacturing and assembly” means:

a) The process of creating finished motor vehicles and chassis with or without cabs (engine is equipped with the under body frame) from parts, assemblies, components, subassemblies and systems;

b) The process of creating finished motor vehicles or making chassis with caps from chassis without caps.

4. “defective motor vehicle recall” means a request for returning defective motor vehicles in the process of design, manufacturing or assembly that have been sold in the market made by an motor vehicle manufacturer, assembler or importer in case of safety issues.

5. “scrap motor vehicle recall” means an act of receiving and collecting scrap motor vehicles to manage and disposed of in accordance with regulations of law on environmental protection.

6. "warranty" is liability of the motor vehicle manufacturer, assembler or importer for the quality of the motor vehicles that have been sold in certain circumstances.

7. "maintenance" is the work to be carried out under the guidance of the motor vehicle manufacturer or assembler in order to maintain normal operation of motor vehicles.

8. "motor vehicle warranty or maintenance center" is a qualified organization providing warranty or carrying out maintenance of motor vehicles specified herein.

9. "imported second-hand motor vehicle” is an motor vehicle registered to be sold in an importing country before entering a checkpoint in Vietnam.

10. “imported motor vehicle batch" means motor vehicles included in a manifest declaring imported goods made by the motor vehicle importer.

11. “certificate of eligible imported motor vehicle class" is a certificate issued as a result of inspection, testing and recognition carried out by a foreign authority or organization responsible for technical and environmental safety of each class of motor vehicle imported into Vietnam.

12. “copy” is defined as:

a) an authenticated copy (if the application is sent by post or in person);

b) a copy enclosed with the original copy (if the application is sent in person);

c) a scan of the original (if the application is sent via the Internet);

Article 4. Responsibilities for motor vehicle warranty and maintenance

1. Motor vehicle manufacturers, assemblers and importers shall provide motor vehicle warranty in accordance with regulations of law on protection of consumers’ benefits.

2. For brand-new motor vehicles, the warranty period shall be at least 3 years or 100,000 km for cars, at least 2 years or 50,000 km for buses and at least 1 year or 30,000 km for the remaining classes of motor vehicles depending on preceding requirements.

3. For imported second-hand motor vehicles, the warranty period shall be at least 2 years or 50,000 km for cars and at least 1 year or 20,000 km for the remaining classes of motor vehicles depending on preceding requirements.

4. Motor vehicle manufacturers, assemblers and importers shall publish information about warranty periods, contents and requirements; warranty cycles and tasks; addresses of eligible warranty/maintenance centers mentioned herein and other necessary information serving the warranty or maintenance.

Article 5. Responsibilities for defective and scrap motor vehicle recall

1. Motor vehicle manufacturers, assemblers and importers shall recall defective motor vehicles according to regulations of law.

2. All costs related to defective motor vehicle recall shall be covered by motor vehicle manufacturers, assemblers and importers.

3. Motor vehicle manufacturers, assemblers and importers shall recall scrap motor vehicles according to regulations of law on environmental safety.

Article 6. Responsibilities for ensuring technical and environmental safety of domestically manufactured or assembled motor vehicles and imported motor vehicles

1. Domestically manufactured or assembled motor vehicles:

a) In the cases where a class of motor vehicle has a change of comfort and aesthetics but does not change the technical and environmental safety parameters used as the basis for granting the class certificate, the motor vehicle manufacturer/assembler shall be entitled to use certification results that a competent authority has granted the certificate of technical and environmental safety quality for the previous motor vehicle class;

b) Automotive parts, assemblies, components and subassemblies applying national technical regulations shall be tested and certified under corresponding national technical regulations in Vietnam;

c) Imported automotive parts, assemblies, components and subassemblies that have been recognized the compliance with the quality from countries or territories that Vietnam has concluded a mutual agreement on certification of motor vehicles shall comply with such agreement;

d) If types of automotive parts, assemblies, components and subassemblies that a Vietnamese quality management authority has granted a certificate to a legal representative in Vietnam of a foreign manufacturer, the motor vehicle manufacturer/assembler shall be entitled to use such types without re-testing or re-certification;

dd) Inspection and certification results of motor vehicle quality, automotive parts, assemblies, components and subassemblies shall be valid for 36 months.

2. Imported motor vehicles:

a) Imported brand-new motor vehicles

- When conducting inspections or testing, the motor vehicle importer shall provide the quality management authority with the following documents: A copy of the certificate of eligible imported motor vehicle class issued by a foreign competent authority; a factory quality control slip prepared by a foreign motor vehicle manufacturer/assembler for each motor vehicle; valid documents on assessment results of quality assurance conditions of the foreign motor vehicle manufacturer/assembler for the factory producing imported motor vehicle classes issued by a foreign competent authority;

- Imported brand-new motor vehicles shall be inspected by the quality management authority for each shipment. The model of each motor vehicle class in each shipment shall have emission and technical safety quality inspected or tested. If inspected or tested motor vehicle models fail to satisfy regulations on emission and technical safety quality, the importer shall re-export all motor vehicles of the same class in such shipment;

- Imported motor vehicles that have been recognized the compliance with the quality from countries or territories that Vietnam has concluded the mutual agreement on certification of motor vehicles shall comply with such agreement.

b) Imported second-hand motor vehicles

- Imported second-hand motor vehicles shall be motor vehicles registered to be sold in countries having the emission standard equivalent or higher than that in Vietnam;

- Imported second-hand motor vehicles shall have technical and environmental safety quality inspected for each motor vehicle;

- When following inspection procedures, the importer of second-hand motor vehicles shall provide the quality management authority with a valid certificate of registered motor vehicle for sale issued by the foreign competent authority or equivalent documents before exporting.

3. The Ministry of Transport shall specify and provide guidelines for carrying out inspections of technical and environmental safety quality for domestically manufactured/assembled motor vehicles and imported motor vehicles.