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

Chapter III

REQUIREMENTS FOR MOTOR VEHICLE IMPORT

Article 14. General provisions of motor vehicle import

1. Licenses for motor vehicle import shall only be considered granting to motor vehicle importers.

2. Importers shall be entitled to import motor vehicles after fulfilling all requirements and being issued with licenses for motor vehicle import mentioned herein.

3. Motor vehicle importers shall comply with regulations on management of imported motor vehicles stated in this Decree and relevant legal documents.

Article 15. Requirements for motor vehicle import

The motor vehicle importer established under regulations of law shall be issue with the license for motor vehicle import when the following requirements are fully met:

1. The motor vehicle warranty/maintenance center owned/leased by the motor vehicle importer or belonging to the dealer network authorized by such importer meets the requirements mentioned herein.

2. There is a physical confirmation or document proving that the motor vehicle importer is eligible to represent a foreign motor vehicle manufacturer/assembler to recall defective motor vehicles imported into Vietnam.

Article 16. Issuance of licenses for motor vehicle import

1. The Ministry of Industry and Trade shall have the power to issue licenses for motor vehicle import.

2. An application for issuance of the license for motor vehicle import consists of:

a) A completed application form provided in the specimen No. 5 of Appendix II attached hereto;

b) A copy of the enterprise registration certificate or equivalent documents;

c) A copy of the documents proving that the importer meets the motor vehicle import requirements stated in Article 15 herein including:

- A copy of the document proving that the importer’s motor vehicle warranty/maintenance center meets the requirements stated herein.

- A copy of the physical confirmation or document proving that the motor vehicle importer is eligible to represent a foreign motor vehicle manufacturer/assembler to recall defective motor vehicles imported into Vietnam according to Clause 2 Article 15 herein that has been authenticated by a diplomatic mission of Vietnam in a foreign country.

3. Procedures for issuance of the license for motor vehicle import:

a) The motor vehicle importer (applicant) shall submit 1 set of application mentioned in Clause 2 this Article, in person, by post or in any other satisfactory manner, to the Ministry of Industry and Trade;

b) If the application is invalid, the Ministry of Industry and Trade shall make a request for additional documents to the applicant within 7 working days from the day on which the application is received;

c) Within 10 working days from the day on which the valid application is received, the Ministry of Industry and Trade shall consider issuing the license provided in the specimen No. 8 of Appendix II attached hereto to the applicant.

The Ministry of Industry and Trade may notify the specific time for organizing an inspection visit of the requirements stated in Article 15 herein if necessary. Time limit for the inspection visit is 15 working days from the date of notification. Within 5 working days from the day on which the inspection results are given, the Ministry of Industry and Trade shall consider issuing the license to the applicant.

If the application is rejected, the Ministry of Industry and Trade shall provide the applicant with a written explanation.

d) The applicant shall receive the license, in person, by post (if required) or in any other satisfactory manner, from the Ministry of Industry and Trade.

Article 17. Issuance of revised licenses for motor vehicle import

1. The license for motor vehicle import shall be issued in case of any revision to the contents in such license.

2. An application for issuance of the revised license for motor vehicle import includes:

a) A completed application form provided in the specimen No. 6 of Appendix II attached hereto;

b) A copy of the license;

c) Relevant documents proving the revised contents.

3. Procedures for issuance of the revised license for motor vehicle import:

a) The applicant shall submit 1 set of application mentioned in Clause 2 this Article, in person, by post or in any other satisfactory manner, to the Ministry of Industry and Trade;

b) If the application is invalid, the Ministry of Industry and Trade shall make a request for additional documents to the applicant within 7 working days from the day on which the application is received;

c) Within 10 working days from the day on which the valid application is received, the Ministry of Industry and Trade shall consider issuing the revised license to the applicant.

The Ministry of Industry and Trade may notify the specific time for organizing an inspection visit of the requirements stated in Article 15 herein if necessary. Time limit for the inspection visit is 15 working days from the date of notification. Within 5 working days from the day on which the inspection results are given, the Ministry of Industry and Trade shall consider issuing the revised license to the applicant.

If the application is rejected, the Ministry of Industry and Trade shall provide the applicant with a written explanation.

4. Within 2 working days from the day on which the new license is issued, the applicant shall return the old one to the Ministry of Industry and Trade.

Article 18. Reissue of licenses for motor vehicle import

1. In the cases where the license for motor vehicle import is lost or damaged, the applicant shall submit an application including a completed application form provided in the specimen No. 7 of Appendix II attached hereto.

2. Procedures for reissue of the license for motor vehicle import:

a) The applicant shall submit 1 set of application mentioned in Clause 1 this Article, in person, by post or in any other satisfactory manner, to the Ministry of Industry and Trade;

b) If the application is invalid, the Ministry of Industry and Trade shall make a request for additional documents to the applicant within 7 working days from the day on which the application is received;

c) Within 7 working days from the day on which the valid application is received, the Ministry of Industry and Trade shall consider reissuing the license to the applicant. If the application is rejected, the Ministry of Industry and Trade shall provide the applicant with a written explanation.

Article 19. Suspension and revocation of licenses for motor vehicle import

1. The license for motor vehicle import shall be suspended in any of the following cases:

a) Failure to fulfill requirements for defective or scrap motor vehicle recall and motor vehicle warranty;

b) Failure to provide or provide inadequate or incorrect motor vehicle manuals mentioned in Point a Clause 2 Article 20 herein;

c) Failure to provide warranty books or provide warranty conditions lower than those stated herein;

d) Failure to make reports specified in Clause 3 Article 20 herein after receiving a written notification from the Ministry of Industry and Trade.

The suspension of the license for motor vehicle import shall be removed if the motor vehicle importer takes actions against all violations within 6 months from the day on which the license is suspended.

2. The license for motor vehicle import shall be revoked in any of the following cases:

a) Return of the license made by the motor vehicle importer;

b) Dissolution or bankruptcy;

c) Revocation of enterprise registration certificate or equivalent documents by a competent authority;

d) Wrong information or fake application for issuance of the license;

dd) Leasing out, borrowing or falsification of the license;

e) Failure to fulfill the requirements for motor vehicle warranty/maintenance centers stated herein in the course of motor vehicle import;

g) Failure to trade in imported motor vehicles within 12 consecutive months from the issue date of the license;

h) Failure to take actions against all the violations mentioned in Clause 1 this Article within 6 months from the day on which the license is suspended.

3. The license for motor vehicle import shall be suspended or revoked according to the Minister of Industry and Trade’s decision specifying reasons for suspension or revocation.

4. Within 5 working days from the day on which the decision on revocation is given, the applicant shall return the license to the Ministry of Industry and Trade.

5. The Ministry of Industry and Trade shall inform the customs and publish information about suspension or revocation of the license.

6. After the license is revoked, the motor vehicle importer shall be entitled to have a new license issued provided that he/she follows the procedures specified in Article 16 herein.

Article 20. Responsibilities of motor vehicle importers

1. Comply with trading requirements and ensure the fulfillment of responsibility for motor vehicle warranty and maintenance, defective and scrap imported motor vehicle recall stated herein.

2. Provide the following documents for buyers:

a) Motor vehicle manuals in Vietnamese or translated into Vietnamese from the manuals provided by the foreign motor vehicle manufacturer/assembler;

b) Warranty books specifying information about warranty periods and conditions; maintenance cycles and tasks; addresses of motor vehicle warranty/maintenance centers and other necessary information serving warranty/maintenance.

3. Make reports on the motor vehicle import according to the specimen No. 11 of Appendix II attached hereto before January 30 every year to the Ministry of Industry and Trade.