Thông tư 40/2017/TT-BGTVT về hướng dẫn việc dán nhãn năng lượng đối với xe ô tô con loại trên 07 chỗ đến 09 chỗ

CIRCULAR

ON GUIDELINES FOR ENERGY LABELLING FOR PASSENGER CARS WITH 7 - 9 SEATS

Pursuant to the Law on Economical and Efficient Use dated June 17, 2010;

Pursuant to Decree No.21/2011/ND-CP dated March 29, 2011 of the Government on methods for enforcing the Law on Economical and Efficient Use of Energy; 

Pursuant to Decree No.12/2017/ND-CP dated February 10, 2017 of the Government on functions, duties, rights and organizational structure of the Ministry of Transport; 

Pursuant to Decision No.04/2017/QD-TTg dated March 09, 2017 of the Prime Minister on the list of vehicles and equipment required to which mandatory energy labeling and minimum energy efficiency standards are applied and implementation roadmap;

At the request of Directors of Department of Environment and Departments of Vietnam Register;

The Minister of Transport promulgates a Circular on energy labeling for full-size SUV passenger cars with 8 - 9 seats. 

Article 1. Scope

This Circular provides for energy labeling for unused passengers cars with 8 - 9 seats (hereinafter referred to as "full-size SUV") which are manufactured or assembled from completely new spare parts or imported. 

Article 2. Regulated entities

1. This Circular applies to organizations and individuals relating to full-size SUVs manufacture, assembly, import or trading, inspection and testing of fuel consumption and energy labeling certification.

2. This Circular does not apply to:

a) Full-size SUVs manufactured, assembled or imported serving national defense and security purposes of the Ministry of National Defense, Ministry of Public Security;

b) Full-size SUVs temporarily imported for re-export, transited; full-size SUVs serving foreign affairs or consul;

c) Full-size SUVs imported solely not for trading purpose;

d) Full-size SUVs imported as specially regulated by the Prime Minister;

dd) Full-size SUVs run on fuel other than petrol, diesel, liquefied petroleum gas (LPG) or natural gas (NG).

Article 3. Definitions

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

1. “energy label” means a label presenting information concerning the type of fuel used and fuel consumption of a full-size SUV with the aim of helping consumers to identify and choose the energy-efficient full-size SUV.

2. “fuel consumption” means an amount of fuel used by a full-size SUV per unit of distance in a defined testing period.  The unit of measurement of fuel consumption is liter (l)/100 km (for petrol, LPG and diesel) or cubic meter (m³)/100 km (for NG).

3. “passenger car” is defined in section 3.3.1 of Vietnam Standards TCVN 7271:2003 – Road vehicles- Motor vehicles – Classification in purpose of use.

4. Various types of vehicles are defined in the following documents:

a) Section 1.3.6 of National Regulation QCVN 86:2015/BGTVT – National technical on the fourth level of gaseous pollutants emission for new assembled, manufactured and imported automobiles (hereinafter referred to as “QCVN 86:2015/BGTVT”);

b) Section 3.2 of Vietnam Standards TCVN 7792:2015 - Road vehicles - The emission of carbon dioxide (CO2) and fuel consumption of passenger cars powered by an internal combustion engine - Requirements and test methods in Type Approval published by the Ministry of Science and Technology (hereinafter referred to as “TCVN 7792:2015”);

c) Section 3.2 of Vietnam Standards TCVN 9854:2013 - Road vehicles - Passenger cars - Limit of fuel consumption and method for determination published by the Ministry of Science and Technology (hereinafter referred to as “TCVN 9854:2013”);

5. “manufacturing/assembling facility" means any enterprise manufacturing or assembling full-size SUVs from completely new spare parts which currently operates as per law provisions;

6. “importer” means any organization importing full-size SUVs.

7. "seller" means any organization or individual selling or distributing full-size SUVs.

Article 4. General guidelines for energy labeling

1.  The vehicles regulated by this Circular shall have energy labels as regulated before put on sale.

2. General regulations on energy labeling are enforced as specified in Clause 2, 3, 4, 5 and 6 Article 4 of Joint Circular No.43/2014/TTLT-BGTVT-BCT dated September 24, 2014 of the Minister of Transport and Minister of Industry and Trade on energy labeling for motor vehicles having no more than 7 seats (hereinafter referred to as “Joint Circular No.43/2014/TTLT-BGTVT-BCT”).

Article 5. Self-declaration of fuel consumption and energy labeling

1. The manufacturing/assembling facility and importer shall declare the fuel consumption and energy labeling for the full-size SUVs below:

a) Domestically manufactured/assembled full-size SUVs issued with a certificate of technical safety and environmental protection according to Circular No.30/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on inspection of technical safety and environmental safety in motor vehicle manufacture and assembly (hereinafter referred to as “Circular No.30/2011/TT-BGTVT) and Circular No.54/2014/TT-BGTVT dated October 20, 2014 of the Minister of Transport which amends Circular No.30/2011/TT-BGTVT (hereinafter referred to as “Circular No.54/2014/TT-BGTVT) before January 01, 2018.

b) Imported full-size SUVs issued with a certificate of technical safety and environmental safety according to Circular No.31/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport on inspection of technical safety and environmental safety for imported motor vehicles (hereinafter referred to as “Circular No.31/2011/TT-BGTVT) and Circular No.55/2014/TT-BGTVT dated October 20, 2014 of the Minister of Transport which amends Circular No.31/2011/TT-BGTVT (hereinafter referred to as “Circular No.55/2014/TT-BGTVT) before January 01, 2018.

2. Self-declaration of fuel consumption and energy labeling shall comply with regulations provided in Clause 2 Article 5 of Joint Circular No.43/2014/TTLT-BGTVT-BCT.

Article 6. Energy labeling

1. Regulations on inspection and certification of fuel consumption and energy labeling are specified in Chapter II and III of Joint Circular No.43/2014/TTLT-BGTVT-BCT.

2. Responsibilities of full-size SUV manufacturing/assembling facilities, sellers and relevant agencies regulated by this Circular are specified in Article 15, 16 and17 of Joint Circular No.43/2014/TTLT-BGTVT-BCT.

Article 7. Entry into force

1. This Circular comes into force from January 01, 2018.

2. Roadmap for energy labeling:

a) Full-size SUVs manufactured, assembled or imported before January 01, 2018 must have energy labels.

b) Self-declaration of fuel consumption and energy labeling specified in Clause 1 Article 5 hereof may be done until the end of December 31, 2018.

3. If any document, regulation or technical regulation mentioned herein is replaced or amended, the newest one shall prevail.

Article 8. Implementation

1. Chief of the Ministry Office, Chief Ministry Inspectorate, Directors of Department of Vietnam Register, agencies and relevant organizations and individuals shall take responsibility to implement this Circular.

2. Should any question arise during implementation, entities concerned shall inform the Ministry of Transport for further instructions./.