Chương V: Quy định về việc triệu hồi hàng hóa

CIRCULAR

ON PROCEDURES FOR GRANTING THE CERTIFICATE OF TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL PROTECTION FOR MOTOR VEHICLES, SPECIAL-PURPOSE VEHICLES, AND MOTOR VEHICLE PARTS IN IMPORTS

Pursuant to the Law on Road Traffic Order and Safety No. 36/2024/QH15 dated June 27, 2024;

Pursuant to the Law on Product and Goods Quality No. 05/2007/QH12 dated November 21, 2007, and Law No. 35/2018/QH14 dated November 20, 2018, on amendments to 37 laws related to planning;

Pursuant to the Law on Economical and Efficient Use of Energy No. 50/2010/QH12 dated June 17, 2010, and Law No. 28/2018/QH14 dated June 15, 2018, on amendments to 11 laws related to planning;

Pursuant to Decree No. 116/2017/ND-CP dated October 17, 2017, of the Government on conditions for the manufacture, assembly, import, and provision of warranty and maintenance services for automobiles, and Decree No. 17/2020/ND-CP dated February 5, 2020, on amendments to the decrees concerning investment and business conditions under the state management of the Ministry of Industry and Trade;

Pursuant to Decision No. 04/2017/QD-TTg dated March 9, 2017, of the Prime Minister on the list of vehicles and equipment required to bear energy labels, adopt minimum energy performance standards, and implement the roadmap;

Pursuant to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government defining the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Science, Technology and Environment and the Director of the Vietnam Register;

The Minister of Transport hereby issues this Circular prescribing the procedures for certification of technical safety quality and environmental protection for motor vehicles, special-purpose vehicles, and motor vehicle parts in imports.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular prescribes the procedures for certification of technical safety quality and environmental protection for motor vehicles, special-purpose vehicles, and motor vehicle parts in imports.

2. This Circular does not apply to:

a) Motor vehicles, special-purpose vehicles, and motor vehicle parts under the management of the Ministry of National Defense or the Ministry of Public Security;

b) Motor vehicles and motor vehicle parts imported under international agreements to which the Socialist Republic of Vietnam is a signatory;

c) Motor vehicles, special-purpose vehicles, and motor vehicle parts imported for scientific research, production research, display, or introduction at trade fairs or exhibitions.

Article 2. Regulated entities

This Circular applies to organizations and individuals involved in the procedures for certification of technical safety quality and environmental protection for motor vehicles, special-purpose vehicles, and motor vehicle parts in imports.

Article 3. Interpretation of terms

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

1. ”Motor vehicles and special-purpose vehicles” (hereinafter referred to as "vehicles") include:

a) Vehicles specified in the Circular issued by the Minister of Transport on classification of road vehicles and identification of motor vehicles using clean and green energy or environmentally friendly technologies;

b) Chassis trucks defined in Clause 2, Article 3 of Decree No. 116/2017/ND-CP dated October 17, 2017, of the Government on conditions for manufacturing, assembly, import, and provision of warranty and maintenance services for automobiles (hereinafter referred to as Decree No. 116/2017/ND-CP);

2. “Motor vehicle parts” (hereinafter referred to as "parts") are assemblies, systems, and components of motor vehicles listed in the catalog of products and goods that may pose safety risks under the state management of the Ministry of Transport;

3. “Unused parts” refer to motor vehicle parts that have not been utilized for the manufacture, assembly, or repair of motor vehicles;

4. Unused motor vehicles” refer to motor vehicles that have not been registered for operation prior to importation into Vietnam;

5. “Unused special-purpose vehicles” refers to special-purpose vehicles that has neither been registered for operation nor utilized for production or construction purposes;

6. “Parts of the same type” refer to parts that share the same characteristics as the corresponding parts specified in the national technical regulations listed in Appendix XXI enclosed with this Circular;

7. “Vehicles of the same type” refer to vehicles with shared characteristics as determined under the principles outlined in Appendix I enclosed with this Circular;

8. “Imported goods” refer to imported vehicles and parts;

9. “Importer” refers to any organization or individual that organizes and conducts the importation of vehicles and parts in accordance with the law;

10. “Testing facility” refers to an organization established in compliance with the law and recognized or designated by the Vietnam Register to conduct inspections and testing of vehicles and parts;

11. “Foreign testing facility” refers to a specialized testing organization or technical service organization listed by a member state of an international treaty on road transport to which Vietnam is a signatory;

12. “Factory quality inspection slip” refers to a document issued by a foreign vehicle manufacturer for each motor vehicle. It contains information such as the chassis number (or VIN), engine number, and basic technical specifications as outlined in Section I of Appendix III enclosed with this Circular;

13. “Safety test report” refers to the testing results provided by a testing facility for a representative motor vehicle sample;

14. “Emissions test report” refers to one of the following documents:

a) The emissions test results provided by a testing facility for a representative motor vehicle sample or engine sample;

b) Documentation from a testing facility confirming that the emissions test report issued by a foreign testing facility complies with national technical regulations on emissions as specified in Appendix XX enclosed with this Circular.

15. “Parts test report” refers to the testing results provided by a testing facility for a representative sample of parts listed in Appendix XXI enclosed with this Circular;

16. “Energy consumption test report” refers to one of the following documents:

a) The energy consumption test results provided by a testing facility for a representative motor vehicle sample;

b) Documentation from a testing facility confirming that the energy consumption test report issued by a foreign testing facility complies with national technical regulations on energy consumption for the corresponding vehicle type as specified in Appendix XX enclosed with this Circular.

17. “Notification of quality assurance evaluation results” (hereinafter referred to as "COP evaluation results notification") refers to a valid document that indicates the quality assurance evaluation results of the manufacturer’s products and goods, as stipulated in Articles 8 and 11 of this Circular;

18. “Report on quality assurance evaluation results” (hereinafter referred to as "COP evaluation results report") refers to a document detailing the satisfactory quality assurance evaluation results of the manufacturer’s products and goods as stipulated in Articles 8 and 11 of this Circular. This report serves as the basis for issuing the COP evaluation results notification.

19. “Quality Certificate” refers to the certification of technical safety quality and environmental protection issued by the certifying authority, comprising the following documents:

a) “Notification of exemption from technical safety quality and environmental protection inspection” (hereinafter referred to as "exemption notification") is a document formatted according to the form provided in Appendix II enclosed with this Circular;

b) “Certificate of technical safety quality and environmental protection” (hereinafter referred to as "certificate") is a document formatted according to the form provided in Appendix III enclosed with this Circular;

c) “Notification of non-compliance with technical safety quality and environmental protection” (hereinafter referred to as "non-compliance notification") is a document formatted according to the form provided in Appendix IV enclosed with this Circular;

d) “Notification of vehicle or parts violations” (hereinafter referred to as "violation notification") is a document formatted according to the form provided in Appendix V enclosed with this Circular.

20. “VIN Decoding Document” refers to a document provided by the motor vehicle manufacturer that explains the characters in the Vehicle Identification Number (VIN) for each motor vehicle type.

21. “Certified copies by the importer” include:

a) For physical documents: copies made from the original, bearing the signature of the legal representative or authorized individual and the seal of the importing organization, or copies made from the original with the signature of the individual importer;

b) For electronic documents: copies made from the original or certified copies as specified in point a of this clause, uploaded to the electronic application in image file formats PDF, JPEG, TIFF, etc.;

22. “Vehicle energy consumption” refers to the amount of fuel or electricity consumed by a vehicle over a specific distance, under predetermined conditions and testing cycles;

23. “Recall” refers to the action taken by the importer, under the authorization of the foreign manufacturer, to address defects in motor vehicles already supplied to the market during design, manufacturing, assembly, or production processes, aimed at mitigating or preventing potential hazards;

24. “Competent certifying authority” (hereinafter referred to as "certifying authority") refers to the Vietnam Register.

Chapter II

PROCEDURES FOR CERTIFICATION OF TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL PROTECTION

Section 1. MOTOR VEHICLES AND SPECIAL-PURPOSE VEHICLES

Article 4. Procedures

1. Submission of application for inspection

The importer shall prepare one (01) set of application for inspection as prescribed in Article 5 of this Circular and submit it online via the National Single Window Portal (electronic submission). In cases of force majeure as stipulated by law (hereinafter referred to as "force majeure"), the importer may submit physical documents to the certifying authority at the addresses published on the certifying authority’s official website.

2. Receipt of application for inspection

The certifying authority shall receive, examine the components of the application for inspection, and provide results within a maximum of one (01) working day from the date of receipt of the application for inspection, as follows:

For complete application for inspection: the certifying authority shall sign and confirm the Application form for inspection of technical safety quality and environmental protection, assign a registration number via the automated system, and send it to the National Single Window Portal (for electronic application) or assign a registration number, sign and confirm the form, and return it to the importer (for physical application) for completing import procedures with the customs authority at the port of entry;

For incomplete application for inspection: the certifying authority shall issue a notification on the National Single Window Portal (for electronic application) or via the form specified in Appendix X enclosed with this Circular (for physical application) for the importer to revise or supplement the documents;

The certifying authority has the right to refuse to accept or return the application for inspection and notify the importer via the National Single Window Portal (for electronic application) or via the template specified in Appendix X enclosed with this Circular (for physical application) in the following cases:

a) The imported vehicle is not listed in the category of goods potentially posing safety risks under the regulatory responsibility of the Ministry of Transport;

b) The documents in the application for inspection indicate that the vehicle falls under the prohibited import category as specified in Decree No. 69/2018/ND-CP dated May 15, 2018, of the Government on elaboration of the Law on Foreign Trade Management (hereinafter referred to as "Decree No. 69/2018/ND-CP");

c) The documents in the application for inspection contain images or content that misrepresent national sovereignty or other content that adversely affects Vietnam's security, politics, economy, society, or diplomatic relations;

d) The documents in the application for inspection indicate that the imported vehicle has an emission standard lower than the legal requirements;

dd) Failure to declare the chassis number (or VIN for motor vehicles; PIN or serial number for special-purpose vehicles) in the application for inspection;

e) Over 30 days have passed since the opening of the application for inspection, and the importer has not presented the vehicle for inspection for the previous batch, except in cases of force majeure;

g) The importer is currently under suspension as prescribed by law.

3. Inspection

a) The importer shall submit the inspection plan confirmation form as prescribed in Appendix XI enclosed with this Circular on the National Single Window Portal, including the number, date, month, and year of the import goods declaration (for electronic application) or submit the confirmation form along with a copy of the import goods declaration to the certifying authority (for physical application). The certifying authority shall conduct the inspection within no more than one (01) working day at the port of entry or no more than five (05) working days at the importer’s storage facility, starting from the inspection date proposed by the importer on the inspection plan confirmation form. In cases of force majeure preventing the inspection, the certifying authority and the importer shall agree on a suitable inspection schedule;

b) The certifying authority shall inform the importer about the inspector(s) assigned to the inspection and the inspection schedule prior to conducting the inspection;

c) If sampling is required, the inspector shall prepare a sampling record as prescribed in Appendix XII enclosed with this Circular for the importer to present to the testing facility. To expedite the testing process, the importer may choose to use two (02) vehicle samples for each type: one (01) sample for safety testing and one (01) sample for emissions testing, provided that the sample selection is performed randomly by the inspector.

4. Issuance of the Quality Certificate

Within no more than four (04) working days from the completion of the inspection and the evaluation of a complete and valid application in accordance with this Circular, the certifying authority shall issue a Quality Certificate via the National Single Window Portal (for electronic application) or in paper form (for physical application or in cases of force majeure preventing issuance via the National Single Window Portal) for each vehicle, as follows:

a) Issuance of the exemption notification for cases where the inspection meets the requirements under the method prescribed in Clause 2, Article 6 of this Circular;

b) Issuance of a Quality Certificate for cases where the inspection results meet the requirements under the methods specified in Clauses 1, 3, 4, and 5 of Article 6 of this Circular. For sample vehicles used in testing, the Quality Certificate must include a note: "This vehicle has been used for testing in Vietnam";

c) Issuance of a non-compliance notification in the following cases: inspection results do not meet the requirements; used automobiles that were not registered for circulation in EU countries, G7 countries, or countries with emission standards equivalent to or higher than the current emission standards in Vietnam; cases specified in Points a, b, c, e, k, m, r, s of Clause 5 of this Article;

d) Issuance of a violation notification for imported vehicles in the following cases: vehicles fall under the category of prohibited imports as defined in Decree No. 69/2018/ND-CP ; documents in the application for inspection or the imported vehicle contain images or content that violates national sovereignty or otherwise affects Vietnam's security, politics, economy, society, or diplomatic relations; other cases where the imported goods are subject to administrative sanctions involving confiscation under the provisions of law.

5. Handling arising issues

a) When the inspected vehicle's chassis number or engine number differs from that in the application for inspection, the inspector shall halt the inspection of technical safety quality and environmental protection for these vehicles and prepare a separate report for each vehicle as a basis for issuing a non-compliance notification, except for the following cases: there is confirmation from the customs authority at the port of entry regarding the actual chassis and engine numbers of the imported vehicle; the importer supplements the application for inspection with confirmation from the seller regarding the incorrect shipment along with related documents;

For the exceptions above, the inspector shall return the application for inspection for the importer to amend and supplement the chassis and engine numbers in the application to match the actual imported vehicle.

b) Issuance of a non-compliance notification in the following cases: vehicles without a chassis number; vehicles with partially or completely unidentifiable chassis numbers; motor vehicles with chassis numbers stamped on metal plates or other materials affixed to the vehicle frame using welding, rivets, or adhesives, except in the following cases: vehicles with erased, altered, or re-stamped chassis numbers; motor vehicles designed without a chassis number but with a VIN; specialized machinery without a chassis number but with a PIN or serial number.

c) Issuance of a non-compliance notification for the following cases:

Vehicles without a brand name;

Motor vehicles with a chassis number or VIN (in cases where the motor vehicle does not have a chassis number) identical to that of previously imported motor vehicles; specialized machinery with a chassis number (or PIN or serial number in cases where special-purpose vehicles does not have a chassis number) identical to that of previously imported special-purpose vehicles of the same brand and type, except in cases of erased, altered, or re-stamped chassis numbers, engine numbers, or when the imported vehicle is the same vehicle that was legally re-exported out of Vietnam.

d) If an imported vehicle falls under the cases specified in Point d, Clause 4 of this Article, the inspector shall halt the inspection of technical safety quality and environmental protection and prepare a report following the form specified in Appendix XIII enclosed with this Circular as a basis for issuing a violation notification for each affected vehicle.

dd) In cases where the vehicle's chassis number cannot be fully read with the naked eye, or where imported vehicles exhibit signs of erased, altered, or re-stamped identifiers such as the engine number; chassis number or VIN (for motor vehicles without a chassis number); or chassis number (or PIN, serial number for special-purpose vehicles without a chassis number), the certifying authority shall issue a written request to the relevant specialized inspection agency to determine the condition of the chassis and engine numbers as a basis for issuing the Quality Certificate.

e) If the documents provided in the inspection application for inspection differ from the actual vehicle, the importer may submit suitable supplementary documents within 15 working days from the date of receiving the notification. The certifying authority has the right to request the importer to provide evidence of the origin of the supplementary documents. If the importer fails to provide documents that match the actual vehicle within the specified period, the certifying authority will issue a non-compliance notification.

g) For automobiles, motorcycles, and mopeds: the structural comparison of the sample vehicle with the test reports may be substituted by comparing the structure of the inspection sample vehicle with the vehicle granted the test report via the manufacturer's software. If the inspected sample vehicle's technical specifications or structure differ from the test reports and do not comply with the principles for determining vehicles of the same type as specified in Appendix I enclosed with this Circular, the sample vehicle inspection and testing method shall apply. If the structure or software related to emissions of the sample vehicle differs from the emissions test report but complies with the principles for determining vehicles of the same type, emissions testing is required, except when the manufacturer's documents show that such changes do not alter the emission-related functions and structure.

h) If a sample vehicle is run-in by the manufacturer abroad to facilitate testing in Vietnam, the actual condition of the vehicle must align with the manufacturer's certification. In such cases, the vehicle is deemed to be unused.

i) In cases where imported motor vehicles are temporarily registered under the regulations of foreign law for transportation to the export location, and the condition of the vehicle as well as the odometer reading align with the distance traveled from the point of purchase or storage to the export location, the vehicle is deemed to be unused. The certificate shall include the note: "The odometer reading at the time of inspection is … km."

k) In cases where a motor vehicle is declared as unused in the application for inspection but the inspector determines that the vehicle is actually used, the inspector shall prepare a record following the form stipulated in Appendix XIII enclosed with this Circular. This record must include a request for the importer to supplement one of the following documents within 15 working days from the date of inspection to serve as a basis for determining the vehicle’s condition: documents specified in Point m, Clause 1, Article 5 of this Circular; confirmation from the manufacturer regarding the run-in conducted abroad; temporary registration under foreign regulations for movement to the export location. If the importer fails to provide one of the above documents or provides documents that do not match the actual vehicle condition within the specified period, the certifying authority shall issue a non-compliance notification for that vehicle.

l) In cases where imported automobiles are equipped with Advanced Driver Assistance Systems (ADAS), if the manufacturer evaluates that these systems are not suitable for use in traffic conditions in Vietnam, the manufacturer shall recommend and guide the importer to deactivate part or all of these systems and ensure that full information is provided to customers.

m) For motor vehicles with a designed gross weight exceeding the maximum allowable gross weight or axle load as specified in the National technical regulation on quality, safety, and environmental protection for motor vehicles (QCVN 09:2024/BGTVT) or trailers and semi-trailers (QCVN 11:2024/BGTVT), the certifying authority shall calculate and record the maximum allowable gross weight (referred to as vehicle load reduction) if the calculated values meet the requirements for cargo box dimensions specified in the aforementioned regulations. If the vehicle load reduction results in non-compliance with the cargo box dimensions or if the vehicle dimensions exceed the maximum permissible dimensions specified in the national technical regulations of the Ministry of Transport, a non-compliance notification shall be issued, except for special-purpose vehicles, special-purpose trailers, and special-purpose semi-trailers.

n) Special-purpose motor vehicles, trailers, and semi-trailers exceeding the maximum allowable dimensions or having a designed gross weight exceeding the maximum permissible weight as specified in the national technical regulations on quality, safety, and environmental protection shall still be inspected for import. However, the Quality Certificate must include a note stating: "This vehicle's specifications (dimensions, weight) exceed the maximum allowable limits and require approval from the competent road management authority for operation on public roads."

o) For used vehicles with incomplete technical documentation, basic specifications shall be determined based on actual inspection.

p) For used vehicles with technical or structural changes made abroad compared to the original factory condition, the importer must present documentation from the foreign vehicle management authority regarding the changes. For automobiles, the designed gross weight of the vehicle in such cases must not exceed the value stated in the documentation of the foreign vehicle management authority.

q) Upon receiving complaints, denunciations, or substantiated feedback related to the technical safety quality and environmental protection of a specific vehicle type, if inspection and verification results are inconclusive, the certifying authority shall take samples from the importer's storage for testing. If no vehicles are available in storage, samples shall be taken from the next batch of imported vehicles. Sampling and testing costs shall comply with the provisions of Article 41 of the Law on product and goods quality.

r) For special-purpose vehicles with large dimensions that must be disassembled for transportation to Vietnam, the importer must reassemble the machinery and present it for inspection within 15 days from the date of storage. Except for force majeure cases, failure to present or presenting machinery not fully reassembled within the specified timeframe will result in the certifying authority issuing a non-compliance notification for the machinery. If disassembled parts are transported in separate shipments, the importer must provide documentation proving that the special-purpose vehicle was purchased as a complete unit and disassembly was solely for transportation purposes. The special-purpose must be presented for inspection within 15 days from the date the last shipment is stored.

s) If more than 30 days have passed since the registration of the inspection application and the importer has not presented the vehicle for inspection, the certifying authority shall send a written reminder to the importer. Within 15 days of receiving the reminder, the importer must provide a written explanation for the delay, accompanied by a copy of the import declaration. Except for force majeure cases, failure to provide a written response with the import declaration within the specified timeframe, or failure to present the vehicle for inspection within 15 days of its storage, will result in the certifying authority issuing a non-compliance notification for the vehicle.

t) If an imported vehicle is damaged during transportation from abroad to Vietnam, the importer is allowed to repair the damage as follows: for dents, scratches, or localized oxidation on the body, cabin, or cargo box that do not cause perforation, appropriate repairs or replacements with unused parts of the same type may be carried out. in cases where the windshield, door glass, or window glass is cracked or broken; the lighting or signaling systems are cracked or broken; control relays are missing; the rearview mirrors are cracked or broken; the wipers are damaged or malfunctioning; the engine starter battery is non-functional; or the tires are punctured or torn, the remedial measure shall be the replacement with unused spare parts of the same type.

u) In cases where special-purpose vehicles is designed with automatic throttle control based on working load or has exhaust systems designed in a way that prevents the installation of exhaust gas sampling devices, emission testing shall not be conducted.

v) The year of manufacture for vehicles is determined in the following order of priority: information on the year of manufacture displayed on the original label affixed to the vehicle by the manufacturer; information provided by the vehicle manufacturer or accessible through the manufacturer’s records; information on the year of manufacture available in manufacturer documents such as feature specifications, technical manuals, or brochures of vehicles; information in copies of vehicle registration certificates or vehicle deregistration certificates issued by competent foreign authorities; the year of manufacture derived from the Vehicle Identification Number (VIN), PIN, or chassis number using software provided by international organizations or associations that maintain vehicle data. For vehicles built on a base vehicle, the year of manufacture is determined based on the year of manufacture of the base vehicle.

Article 5. Application for inspection

1. The application for inspection for imported vehicles shall include the following documents:

a) The inspection application form for safety, technical, and environmental protection of imported vehicles, as prescribed in Appendix VI attached to this Circular;

b) Imported vehicle information form, as prescribed in Appendix VII attached to this Circular;

c) Manufacturer’s technical and feature specifications, which must include basic and specific technical parameters (if applicable) corresponding to the vehicle type specified in Appendix III. For specialized vehicles with a total weight of 15,000 kg or more, trucks, specialized trucks, trailers, and semi-trailers, axle load capacity must be specified. In cases where the imported vehicle is manufactured based on a base vehicle, documentation introducing the features and technical specifications of both the completed vehicle and the base vehicle must be provided;

d) Factory quality inspection slip;

dd) Part type certificate for tires, rearview mirrors, headlights, and glass issued by competent authorities or organizations;

e) Certificate of COP evaluation compliance issued to the vehicle manufacturer;

g) Manufacturer’s VIN decoding document;

h) Commercial invoice with a list of goods or equivalent valid documents;

i) Import goods declaration (for paper applications) or reference number, date, and time of the electronic import declaration;

k) Emission testing report;

l) Safety testing report;

m) Copy of a valid registration certificate for circulation, not exceeding 12 months before export, issued by competent foreign authorities, or legally equivalent documents proving the vehicle was registered for circulation prior to import into Vietnam;

n) Documentation proving that vehicles belong to models permitted for circulation in EU, G7 countries, or countries with emission standards equivalent to or higher than those currently applicable in Vietnam;

o) Registration form for vehicle energy consumption levels, as prescribed in Appendix XVIII attached to this Circular;

p) Energy consumption test report accompanied by testing documents;

q) Inspection plan confirmation, as prescribed in Appendix XI attached to this Circular.

2. Regulations on exemptions, reductions of documents; types of documents; and document submission

a) Documents listed in c, d, dd, e, g, h, i, k, l, m, n, o, p of Clause 1 of this Article must be certified copies provided by the importer;

b) For documents specified in d, Clause 1 of this Article: the importer must submit one copy for each vehicle model when registering for inspection and provide additional copies for individual vehicles before the actual inspection;

c) The document specified in i of Clause 1 must be submitted before the inspection;

d) Documents listed in k, l, o, p of Clause 1 can be submitted after receiving test results;

dd) The document specified in g of Clause 1 applies only to the first-time import application for inspection for vehicle models under the scope of Decree No. 116/2017/ND-CP into Vietnam;

e) The document specified in point e, clause 1, Article 5 only applies to unused automobiles under the scope of Decree No. 116/2017/ND-CP and manufactured in countries applying the type certificate management method stated in Appendix VIII enclosed with this Circular (except for cases subject to vehicle testing and sample testing);

g) The documents specified in points d, dd, and e, clause 1, Article 5 do not apply to the following cases: automobiles under the scope specified in point b, clause 2, Article 2 of Decree No. 116/2017/ND-CP and clause 1, Article 1 of Decree No. 17/2020/ND-CP of the Government on amendments to decrees related to investment and business conditions under the state management of the Ministry of Industry and Trade; trailers, semi-trailers; four-wheeled passenger vehicles; four-wheeled cargo vehicles; motorcycles, mopeds, and special-use vehicles;

h) The document specified in point e, clause 1, Article 5 does not apply to unused automobiles under the scope of Decree No. 116/2017/ND-CP and manufactured in countries applying the self-certification management method stated in Appendix VIII enclosed with this Circular;

i) The documents specified in points d, dd, e, k, and l, clause 1, Article 5 do not apply to: used automobiles; motor vehicles subject to the single-vehicle inspection method for unused vehicles; and special-use vehicles;

k) The document specified in point m, clause 1, Article 5 only applies to used automobiles;

l) The document specified in point n, clause 1, Article 5 only applies to automobiles, motorcycles, and mopeds under the scope specified in point a, clause 4, Article 6 of this Circular;

m) The documents specified in points o and p, clause 1, Article 5 apply to vehicle types requiring energy consumption certification under the national technical regulations on technical safety quality and environmental protection (except for those specified in clauses 4 and 5, Article 6 of this Circular);

n) The document specified in point i, clause 1, Article 5 is exempted for cases of vehicle inspection before opening an import customs declaration and vehicles stored in areas managed by customs authorities at the border gate;

o) For imported vehicle types not subject to the vehicle testing and sample testing method, if the importer provides the certificate number issued for vehicles of the same type stored in the certifying authority’s database, the corresponding documents specified in points c, dd, e, k, l, o, and p, clause 1, Article 5 may be exempted by referencing the archived document in the database;

p) In cases where the engine number is not included in the import documents (except for trailers and semi-trailers), the importer may supplement the engine number in the application for inspection before the actual vehicle inspection;

q) The document specified in point q, clause 1, Article 5 must be submitted before the inspection is conducted.

Article 6. Inspection methods

1. Vehicle testing and sample testing

This method applies to batches of unused motor vehicles (except for cases specified in clause 4 of this Article and four-wheeled passenger vehicles operating on specialized or internal roads) and under one of the following conditions:

a) The vehicle type is imported into Vietnam for the first time;

b) Every 36 months from the date of issuance of the certificate for the first batch of goods of the same type imported into Vietnam, a test sample will be randomly selected from an imported batch upon the request of the importer. This sampling shall not occur earlier than six months before the 36-month period ends;

c) For imported automobile types under the scope of Decree No. 116/2017/ND-CP and manufactured in countries applying the self-certification management method stated in Appendix VIII enclosed with this Circular, a mid-cycle inspection (not exceeding 20 months from the date of certificate issuance for the first batch of the cycle) shall be conducted. The certifying authority, in coordination with the importer, randomly selects a sample at the importer’s dealership or warehouse (from a batch that has completed import procedures) for testing technical safety quality and environmental protection. If no sample is available for testing, a random sample will be selected from the next consecutive import batch;

d) Imported automobiles under the scope of Decree No. 116/2017/ND-CP but without a valid COP evaluation result notification or not manufactured during the validity of the COP evaluation result notification (except for vehicles manufactured in countries applying the self-certification management method);

dd) A batch of goods of the same type as the previous consecutive import batch for which a "non-conformity notification" was issued.

2. Type confirmation inspection

This method applies to unused automobiles under the scope of Decree No. 116/2017/ND-CP and meeting all the following requirements:

a) Belonging to a type that has been certified;

b) Not subject to the provisions in clause 1 of this Article;

c) Over six consecutive months, the inspected type must meet the following requirements: no cases requiring the supplementation or amendment of the application for inspection; no cases of non-compliance with technical safety quality and environmental protection requirements;

d) The certifying authority has not received complaints, denunciations, or reports regarding technical safety or environmental protection issues concerning the vehicle type.

3. Random inspection

This method applies to unused vehicles not subject to the provisions in clauses 1, 2, and 4 of this Article.

4. Individual vehicle inspection for unused vehicles

This method applies to unused motor vehicles in the following cases:

a) Automobiles, motorcycles, and mopeds imported individually under non-commercial customs declarations, belonging to types permitted for circulation in countries under the EU, G7, or countries with emission standards equivalent to or higher than the current emission standards of Vietnam;

b) Automobiles, motorcycles, and mopeds entitled to diplomatic privileges and immunities as per the Prime Minister's decision, with documentation showing that the vehicle's emission standards are equivalent to or higher than Vietnam's current emission standards;

c) Automobiles, motorcycles, and mopeds imported under the Prime Minister’s decision;

d) Automobiles designed exclusively for operation within areas such as terminals, ports, airports, amusement parks, recreational facilities, or construction sites, or with structures and technical specifications unsuitable for operation on public roads, accompanied by documentation demonstrating that the vehicle’s emission standards are equivalent to or higher than Vietnam’s current emission standards;

dd) Trailers and semi-trailers designed exclusively for operation within areas such as terminals, ports, airports, amusement parks, recreational facilities, or construction sites, or with structures and technical specifications unsuitable for operation on public roads.

5. Individual vehicle inspection for used vehicles

This method applies to imported used vehicles.

Article 7. Inspection contents

1. For vehicle sample inspection and testing, the inspection contents include:

a) Verifying the consistency of documents within the application for inspection;

b) Inspecting the condition of the chassis number and engine number of vehicles in the batch and cross-checking with the list of chassis numbers and engine numbers in the application for inspection;

c) Identifying the vehicle types in the batch. Randomly selecting one sample from each vehicle type for comparison with the documents in the application for inspection and for testing. Testing requirements for each vehicle type are outlined in Appendix IX enclosed with this Circular;

d) Reassessing the application after the importer supplements the Safety test report and Emission test report.

2. For type confirmation inspection, the inspection contents include:

a) Verifying the consistency of documents within the application for inspection, including referenced documents as stipulated in point o, clause 2, Article 5 of this Circular;

b) Inspecting the condition of the chassis number and engine number of vehicles in the batch and cross-checking with the list of chassis numbers and engine numbers in the application for inspection.

3. For random inspection, the inspection contents include:

a) Verifying the consistency of documents within the application for inspection, including referenced documents as stipulated in point o, clause 2, Article 5 of this Circular;

b) Inspecting the condition of the chassis number and engine number of vehicles in the batch and cross-checking with the list of chassis numbers and engine numbers in the application for inspection;

c) Identifying the vehicle types in the batch. Randomly selecting one sample for each vehicle type and comparing the sample vehicle with the documents in the application for inspection, including referenced documents as stipulated in point o, clause 2, Article 5 of this Circular;

d) For four-wheeled motorized vehicles designed for operation on dedicated or internal roads: in addition to the aforementioned requirements, the sample vehicle must be inspected according to the requirements specified in the National Technical Regulation on technical safety quality, and environmental protection for four-wheeled motorized vehicles (QCVN 119:2024/BGTVT);

dd) For special-purpose vehicle: in addition to the aforementioned requirements, the sample vehicle must be inspected according to the requirements specified in the National Technical Regulation on technical safety quality, and environmental protection for special-purpose vehicle (QCVN 13:2024/BGTVT), including: general requirements, braking system (braking effectiveness testing not required), control system, operational system (load testing not required), lighting and signaling system, emissions, and noise.

4. For the individual inspection of unused vehicles, the inspection contents include:

a) Verifying the consistency of documents within the application for inspection, including referenced documents as stipulated in point o, clause 2, Article 5 of this Circular;

b) Inspecting the condition of the chassis number and engine number and cross-checking with the list of chassis numbers and engine numbers in the application for inspection;

c) Verifying the vehicle's specifications, including: vehicle type, condition, brand, trade name, model code, country of manufacture, year of manufacture, basic technical specifications outlined in Appendix III enclosed with this Circular for the respective vehicle type, and ensuring that dimensions, weight, and weight distribution across the vehicle’s axles comply with the regulations in the national technical standards on technical safety quality, and environmental protection for the respective vehicle type.

d) Testing vehicle emissions as required, using measurement methods Level 4 for automobiles and Level 2 for motorcycles and mopeds, in accordance with the National Standard TCVN 6438:2018: Road vehicles - Maximum permissible emission limits.

5. For the individual inspection of used vehicles, the inspection contents include:

a) Verifying the consistency of documents within the application for inspection, including referenced documents as stipulated in point o, clause 2, Article 5 of this Circular;

b) Inspecting the condition of the chassis number and engine number and cross-checking with the list of chassis numbers and engine numbers in the application for inspection;

c) Verifying the vehicle's specifications, including: vehicle type, condition, brand, trade name, model code, country of manufacture, year of manufacture, basic technical specifications, and distinctive technical specifications (if any) as outlined in Appendix III enclosed with this Circular for the respective vehicle type, ensuring that dimensions, weight, and weight distribution across the vehicle’s axles comply with the regulations in the national technical standards on technical safety quality, and environmental protection for the respective vehicle type.

d) Inspecting the quality of technical safety quality and environmental protection:

For automobiles, trailers, semi-trailers, four-wheeled passenger vehicles with motors, and four-wheeled cargo vehicles with motors: inspection shall be carried out as per the requirements stated in Section 2 "Technical Specifications" of the National Technical Regulation on inspection of technical safety quality and environmental protection for automobiles, trailers, semi-trailers, four-wheeled cargo vehicles with motors, and four-wheeled passenger vehicles with motors participating in road traffic (QCVN 122:2024/BGTVT). Exemptions include inspection items such as: registration plates, vehicle color, logos, journey monitoring devices, surveillance cameras, brake effectiveness and lateral skid, and deviations in the beams of front headlights. Emissions must meet the requirements specified by the Prime Minister's Decision regarding the emission standards roadmap for imported used motor vehicles.

For special-purpose vehicle: Inspection shall follow the provisions in Section 2.2 of the National Technical Regulation on technical safety quality, and environmental protection for special-use machinery (QCVN 13:2024/BGTVT). Exemptions include load testing and brake effectiveness inspection.

Article 8. Quality assurance evaluation for automobile manufacturing and assembly plants of foreign manufacturers

1. Evaluation content:

The certifying authority conducts quality assurance evaluations (COP evaluations) for automobile manufacturing and assembly plants of foreign manufacturers at the request of the importer, covering the following:

a) Verifying the legal documents of the foreign automobile manufacturing and assembly plant during the initial evaluation, including business registration, land-use rights for the plant premises, and valid certifications such as IATF 16949:2016, ISO 9001:2015, ISO 14001:2015, or equivalent;

b) Assessing conformity in the production and assembly processes for automobile types imported into Vietnam to ensure quality and product stability. This includes: regulations, processes, and work instructions of the foreign automobile manufacturing and assembly plant: quality control of input components and materials; quality control at each stage of production and assembly; management of non-conformance and corrective and preventive actions; inspection of quality of factory-released vehicles; maintenance and calibration of equipment; warranty, recall processes; staff training; storage and control of quality inspection records; traceability of parts and products;

c) Evaluating the items and standards for factory-released automobile quality inspection as per the foreign manufacturer’s requirements to ensure mass-produced vehicles conform to the tested samples, including: brake force tests, wheel alignment (for vehicles with independent front suspension), lateral skid tests (for vehicles with dependent front suspension), speedometer error tests, and tests on the intensity and alignment of front headlights' beams;

d) Reviewing the actual operation of the quality control system during production, assembly, and factory vehicle inspection;

dd) Random sampling of automobiles manufactured or assembled for import into Vietnam, or equivalent vehicles of the same type that have been inspected and approved for release by the foreign automobile manufacturing or assembly plant, to verify and compare with the foreign or Vietnamese test reports. If, at the time of evaluation, the foreign automobile manufacturing or assembly plant does not have vehicle samples meeting the specified requirements, random sampling shall be conducted from imported shipments to Vietnam or from the importer’s warehouse;

e) Waiving COP evaluations if the automobile type imported is manufactured or assembled at the same foreign automobile manufacturing and assembly plant that has already received a COP evaluation result notice confirming compliance, provided the production, assembly, and inspection processes are similar or simpler compared to those evaluated for the previously certified automobile type;

g) Conduct supplementary COP evaluations in cases where the imported automobile type is manufactured and assembled at the same foreign automobile manufacturing or assembly plant that has been issued a notice of satisfactory COP evaluation results, but differs in technology processes, production, assembly, and inspection procedures from the automobile type previously issued a notice of satisfactory COP evaluation results (Supplementary COP evaluations are only conducted for the production and assembly of hybrid or fully electric automobiles if a notice of satisfactory COP evaluation results has already been issued for the production and assembly of fossil fuel-powered automobiles). Supplementary COP evaluations may be conducted by reviewing documentation from the foreign automobile manufacturer or through on-site evaluations at the manufacturer’s production or assembly plant if the documentation review does not provide sufficient grounds for a conclusion.

2. Evaluation results:

Upon successful evaluation of the above contents and criteria, the certifying authority issues a COP evaluation result notice confirming compliance for the foreign automobile manufacturing and assembly plant, with a copy sent to the importer.

In cases where the evaluation does not meet the requirements, if the foreign automobile manufacturing or assembly plant fails to address the non-conformities within six months from the date of the unsatisfactory evaluation result, the certifying authority will issue a notification of non-compliance in the COP evaluation to the manufacturing or assembly plant, with the importer as the recipient.

3. Validity of COP evaluation result notices:

a) The validity period of the COP evaluation result notice is stipulated in accordance with the provisions of this Circular.

b) Within three months before the expiration of the COP evaluation result notice from the previous evaluation cycle, the certifying authority may conduct a periodic COP evaluation at the request of the importer. If the evaluation meets requirements, the validity of the periodic COP evaluation result notice will commence from the date the previous notice expires. If the evaluation reveals non-compliance in any of the following areas: products failing to meet the requirements of corresponding national technical regulations, inconsistencies with certified product types; lack of factory inspections, non-compliance with factory inspection guidelines by technicians, or improper issuance of factory slips, quality control technicians at the foreign automobile manufacturing or assembly plant fail to comply with the quality control guidelines or utilize testing equipment as prescribed by the plant for their assigned positions; factory slips are issued inconsistently with the certified vehicle type, the previous COP evaluation results will be invalidated as of the date the COP evaluation report is finalized. Once the foreign automobile manufacturing and assembly plant addresses the deficiencies, the validity of the periodic COP evaluation result notice will begin from the expiration date of the previous notice.

c) If the importer requests a periodic COP evaluation after the expiration of the previous COP evaluation result notice (resulting in a gap in validity), the validity of the periodic COP evaluation result notice will begin from the completion date of the periodic COP evaluation.

d) The validity of COP evaluation result notices for exemptions or supplementary COP evaluations, as specified in Points e and g, Clause 1 of this Article, will align with the validity of the COP evaluation result notice for the vehicle type used as the basis for exemption or supplementary COP evaluation.

Section 2. MOTOR VEHICLE PARTS

Article 9. Procedures

1. Submission of application for inspection

The importer shall prepare one (01) set of application for inspection as prescribed in Article 10 of this Circular and submit it online via the National Single Window Portal (electronic submission). In force majeure cases, the importer may submit a paper application to the certifying authority at the addresses published on the certifying authority's website.

2. Receipt of application for inspection

The certifying authority shall receive, review, and provide feedback on the application for inspection within one working day from the date the importer submits them. In specific: For complete application for inspection: the certifying authority shall sign and confirm the Application form for inspection of technical safety quality and environmental protection for imported automotive parts as per the form in Appendix VI of this Circular. The system will automatically assign a registration number and upload it to the National Single Window Portal (for electronic submissions). For paper submissions, the certifying authority will issue the registration number, sign the registration, and return it to the importer for customs clearance procedures at the port customs authority. If the application for inspection are incomplete, the certifying authority will notify the importer via the National Single Window Portal (for electronic submissions) or issue a notification as per the form in Appendix X of this Circular (for paper submissions) to allow the importer to supplement or amend the application for inspection.

The certifying authority has the right to refuse to accept or return the application for inspection and notify the importer via the National Single Window Portal (for electronic application) or via the template specified in Appendix X enclosed with this Circular (for physical application) in the following cases:

a) The parts are not listed under the category of products and goods potentially posing safety risks under the management responsibility of the Ministry of Transport;

b) The application for inspection indicate that the parts fall under the prohibited import goods list as per Decree No. 69/2018/ND-CP ;

c) The documents in the application for inspection contain images or content that misrepresent national sovereignty or other content that adversely affects Vietnam's security, politics, economy, society, or diplomatic relations;

d) If the importer fails to provide the required documents specified in Clause 1, Article 10 of this Circular for the previously submitted application for inspection within 45 days from the date of submission (except in cases of force majeure, ongoing sample testing, or ongoing quality assurance evaluation for the manufacturing plant);

dd) The importer does not submit required reports as per Point a, Clause 5 of this Article;

e) The importer is under a suspension period as per legal regulations.

3. Application verification:

After the importer has supplemented all required documents specified in Point b, dd, e of Clause 1, Article 10 of this Circular (for applications for certification by imported batch) or the required documents specified in Point b, c, dd, e of Clause 1, Article 10 of this Circular (for applications for certification by part type), the certifying authority shall review the application within 7 working days from the date of receipt of all required documents. If the application is deemed invalid, the certifying authority will notify the importer via the National Single Window Portal (for electronic submissions) or using the notification form provided in Appendix X of this Circular (for paper submissions), allowing the importer to make necessary amendments or additions.

4. Issuance of the Quality Certificate

Within 4 working days from the date when the application is assessed as complete and valid under the regulations, the certifying authority shall issue the Quality Certificate via the National Single Window Portal (for electronic submissions) or as a paper certificate (for paper submissions or in cases of force majeure where issuance via the National Single Window Portal is not possible) for each part type in the registration application, as follows:

a) Issue the Quality Certificate for the part type for imported parts in cases where all required documents specified in Clause 1, Article 10 of this Circular and a compliant Part Testing Report are provided;

b) Issue the Quality Certificate for the batch of imported parts in cases where the registration application includes the application for inspection specified in Points a, b, d, dd, e of Clause 1, Article 10 of this Circular and a compliant Part Testing Report;

c) Issuance of a notice of non-compliance for the following cases: The Part Testing Report does not meet requirements; the importer fails to supplement the required application within 45 days from the date the goods were cleared or temporarily released for storage (except in cases of ongoing sample testing, or ongoing quality assurance evaluation for the manufacturing plant);

d) Issue a violation notification for imported parts falling into one of the following categories: Parts listed in the prohibited import goods category as per Decree No. 69/2018/ND-CP ; documents in the application for inspection or the imported parts include contain images or content that violates national sovereignty or otherwise affects Vietnam's security, politics, economy, society, or diplomatic relations; other cases where the imported goods are subject to administrative sanctions involving confiscation under the provisions of law.

5. Handling arising issues

a) For part types already issued a Quality Certificate as per Point a, Clause 4 of this Article, the importer is exempt from submitting an application for inspection during the validity period of the certificate. Every 12 months, the importer must report the import status of this part type to the certifying authority using the form provided in Appendix XV of this Circular;

b) The certifying authority reserves the right to conduct surprise inspections of imported batches if violations of technical safety quality are discovered or if there are valid complaints, denunciations, or reports concerning the technical safety quality and environmental protection of imported parts. If the inspection results or verification are inconclusive, the certifying authority may collect part samples from the importer’s storage or the next imported batch for testing. Sampling and testing costs will follow the provisions of Article 41 of the Law on Product and Goods Quality;

c) In cases where the imported batch of spare parts of the same type is limited in quantity, insufficient for sampling as per regulations, or where the testing costs exceed the value of the imported batch of the same type, the document specified at Point e, Clause 1, Article 10 of this Circular may be replaced with a test report or a type approval certificate for the spare parts issued by a foreign entity, or with documentation from the manufacturer indicating that the imported spare parts of the same type are manufactured in compliance with Vietnamese regulations or the manufacturer's standards.

Article 10. Application for inspection

1. The application for inspection for imported parts shall include the following documents:

a) Application form for inspection of technical safety quality and environmental protection of imported parts, using the form specified in Section II of Appendix VI enclosed with this Circular;

b) Parts information form using the form specified in Appendix XIV of this Circular, along with photographs of each part type (showing the entire product from two opposite sides, and including labels and markings on the product);

c) COP evaluation results showing compliance, issued to the parts manufacturer;

d) Commercial invoice along with a list of goods;

dd) Import declaration form for paper submissions, or the serial number, date, and time of the Import declaration form for electronic submissions;

e) Parts testing report issued to the importer.

2. Regulations on exemptions, reductions of documents; types of documents; and document submission

a) The application for inspection specified in Points c, d, dd, and e of Clause 1 of this Article must be submitted as copies certified by the importer.

b) The application for inspection specified in Points b and dd of Clause 1 of this Article must be submitted within 15 working days from the date of customs clearance or when the goods are authorized to be stored.

c) The document specified in Point c of Clause 1 of this Article applies only to certification for part types and must be submitted before the certification process. If awaiting issuance of COP evaluation results, the importer may submit a COP evaluation report and must provide the COP evaluation results within 90 days.

d) The document specified in Point e of Clause 1 of this Article must be submitted before the certification process.

dd) Exemption from the document specified in Point e of Clause 1 of this Article applies to parts imported for recalls, repairs, replacements, or warranty services for motor vehicles, or for imports of fewer than 15 units, if one of the following conditions is satisfied: the parts are of the same type as those already issued with a Parts testing report or certificate; the parts are of the same type as those installed on motor vehicles already certified; the parts are of the same type as those with a Parts testing report or certificate issued by a foreign testing agency.

Article 11. Content of quality assurance evaluation for manufacturing plants of foreign spare parts manufacturers

1. Evaluation content:

The certifying authority conducts quality assurance evaluations for foreign spare parts manufacturers (COP evaluation) at a time proposed by the importer, covering the following contents:

a) The initial evaluation includes verification of legal documents of the foreign spare parts manufacturer, such as business registration, land use rights for factory premises, and valid certifications (if available), including IATF 16949:2016, ISO 9001:2015, ISO 14001:2015, or equivalent documentation;

b) Evaluation of production compliance for imported spare parts types to ensure quality and maintain product consistency. This includes reviewing the foreign spare parts manufacturer's regulations, processes, and work instructions: quality control of input components and materials; quality control at each stage of production; management of non-conformance and corrective and preventive actions; inspection of product quality before release; maintenance and calibration of equipment; product warranty (except for spare parts imported for vehicle production and assembly in Vietnam); professional training; recordkeeping and control of quality inspection documents; traceability of components and products;

c) Evaluating the quality inspection items and standards for released spare parts based on the foreign spare parts manufacturer's regulations to ensure mass-produced spare parts conform to the tested samples;

d) Supplemental COP evaluations are conducted when the imported spare parts type is produced at the same foreign spare parts manufacturer that has already received a valid COP evaluation result but differs in production technology and inspection processes from previously evaluated spare parts. Supplemental COP evaluations may be conducted through document review of the foreign spare parts manufacturer or through on-site evaluations at the manufacturing plant if the documents are insufficient for conclusion.

2. Evaluation results:

Upon successful evaluation of the above contents and criteria, the certifying authority issues a COP evaluation result notice confirming compliance for the foreign spare parts manufacturer, with a copy sent to the importer.

In cases where the evaluation does not meet the requirements, if the foreign spare parts manufacturer fails to address the non-conformities within six months from the date of the unsatisfactory evaluation result, the certifying authority will issue a notification of non-compliance in the COP evaluation to the foreign spare parts manufacturer, with the importer as the recipient.

3. Exemptions from COP evaluation in the following cases:

a) Imported spare part types produced at the same manufacturing facility of the foreign spare parts manufacturer that has been issued a COP evaluation result notification meeting requirements, provided that the production process and inspection procedures have not undergone any fundamental changes or are simpler compared to those of the spare part types previously evaluated for COP compliance;

b) Foreign spare parts manufacturers that have undergone an initial evaluation by the certifying authority (effective from the date of enforcement of Decree No. 116/2017/ND-CP) and have a valid COP evaluation result notification, provided that production has not been interrupted for more than 90 days and the importer submits ECE documentation compliant with applicable regulations and still valid.

4. Validity of COP evaluation result notices:

a) If the initial or periodic COP evaluation meets the requirements, the certifying authority, based on the evaluation results and Appendix XVII of this Circular, issues a COP compliance notice valid for 36 months, 24 months, or 12 months, starting from the conclusion date of the successful COP evaluation;

b) For cases where periodic COP evaluations are exempt as per point e, clause 1 of this Article, the validity of the COP compliance notice is determined based on the effective date of the ECE documentation. If the ECE documentation expires, the importer must provide updated and compliant ECE documentation. If the importer cannot immediately provide new ECE documentation, they must submit a COP evaluation report and update the ECE documentation within 90 days;

c) Within three months before the expiration of the previous COP compliance notice, the certifying authority may conduct a periodic COP evaluation upon the importer’s request. If the evaluation meets the requirements, the validity of the new COP compliance notice starts immediately after the previous notice expires. If deficiencies directly affecting technical safety or environmental protection are found, the COP compliance notice's validity is temporarily suspended from the conclusion date of the evaluation. After the foreign parts manufacturer addresses these deficiencies, the validity of the periodic COP compliance notice is reinstated from the expiration date of the previous notice;

d) If the importer requests a periodic COP evaluation after the validity of the previous COP compliance notice has expired (resulting in a gap in COP compliance), the validity of the new COP compliance notice begins from the conclusion date of the successful periodic COP evaluation;

dd) The validity of the COP compliance notice in cases of COP evaluation exemption as stipulated in point a, clause 3 of Article 11, or supplemental COP evaluations as stipulated in point d, clause 1 of Article 11, aligns with the validity of the COP compliance notice issued for the parts type used as the basis for the exemption or supplemental evaluation.

Chapter III

PROVISIONS ON COPIES OF ISSUANCE, VALIDITY PERIOD, REISSUANCE, SUSPENSION, AND REVOCATION OF QUALITY CERTIFICATES

Article 12. Copies of issuance and validity period of Quality Certificates

1. In the case of paper-based documents, the copies are issued as follows:

a) For certificates or exemption notices issued for vehicles: one copy for record-keeping, one copy for customs clearance procedures, one copy for vehicle registration tax payment and vehicle registration or for addressing other procedures as requested by competent authorities;

b) For certificates issued for parts, non-compliance notices, and violation notices: one copy for record-keeping, one copy for customs clearance procedures.

2. For electronic documents: paper copies are issued when electronic data sharing between the certifying authority and related agencies involved in customs, tax, registration, and road vehicle inspection procedures is not yet operational.

3. Validity period of Quality Certificates:

a) Certificates, exemption notices, non-compliance notices, and violation notices are issued without a validity period, except as stipulated in point b of this clause;

b) Certificates issued for parts types as specified in point a, clause 4, Article 9 of this Circular are valid for 36 months.

Article 13. Provisions on reissuance or replacement of paper copies of Quality Certificates

1. Paper copies of Quality Certificates may be replaced in cases of damage or reissued in cases of loss, expiration, or changes to information on the importer’s name or address.

2. The importer shall submit a complete application for reissuance online through the National Single Window Portal. In cases of force majeure, the importer may submit a paper-based application to the certifying authority. The application includes:

a) The application form as per the form in Appendix XVI enclosed with this Circular, specifying whether the request is for replacement or reissuance.

b) Documents specified in Article 10 of this Circular (applicable to cases of reissuance due to expiration of the Quality Certificate or changes to information on the importer’s name or address on the certificate, with only documents reflecting the changes or updated validity required).

3. Replacement of Quality Certificates due to damage:

Within a maximum of one working day from the receipt of the application, the certifying authority shall review and verify the application contents: If the application is incomplete, the authority shall guide the importer on how to complete the application as per regulations. If the application is complete, the authority shall inspect and evaluate the application to issue the replacement Quality Certificate.

Within four working days from the receipt of a complete application as prescribed in Clause 2 of this Article, the certifying authority shall:

a) Issue a replacement original Quality Certificate if the application complies with regulations. Upon receiving the replacement Quality Certificate, the importer must return the damaged original Quality Certificate;

b) In cases where a replacement is not issued, the certifying authority shall provide a written response detailing the reasons.

4. Reissuance of Quality Certificates due to loss

a) Within one working day from the receipt of the application, the certifying authority shall review and verify the application contents: If the application is incomplete, the authority shall guide the importer on how to complete the application as per regulations. If the application is complete, the authority shall inspect and evaluate the application to issue the replacement Quality Certificate.

b) Within four working days from the receipt of a complete application as prescribed in Clause 2 of this Article, the certifying authority shall notify the importer and relevant agencies (customs, tax, and police) in writing. If the application is incomplete, the certifying authority shall guide the importer on how to complete the application.

c) After 24 working days from the issuance of the written notification as stated in Point a of this Clause, if no response is received from the agencies mentioned in Point b of this Clause, the certifying authority shall issue a copy (paper or electronic) of the Quality Certificate. In cases where the certificate is not reissued, the certifying authority shall provide a written response detailing the reasons.

5. Reissuance of Quality Certificates due to changes in importer information

The reissuance procedure shall be carried out in accordance with Articles 9 and 10 of this Circular.

6. Reissuance of Quality Certificates for expired spare part types

The reissuance procedure shall be carried out in accordance with Articles 9 and 10 of this Circular. Test samples shall be randomly selected from the importer’s warehouse by the certifying authority.

Article 14. Regulations on suspension and revocation of Quality Certificates

1. The certifying authority shall suspend the validity of the certificate issued for an imported spare part type and notify the importer and customs authorities at the port of entry via the National Single Window Portal or in writing if any of the following cases apply:

a) The Certificate of Conformity of Production (COP) evaluation report has expired, and the importer fails to provide one of the following: a new cycle COP evaluation report with a satisfactory result; ECE documents that are compliant with regulations and remain valid; a new cycle COP evaluation report;

b) More than 90 days have passed since the submission of the COP evaluation report, but the importer has failed to provide ECE documents for the new cycle that comply with regulations;

c) The importer fails to comply with the reporting obligations on importation status or sampling requirements as specified in Points a and b, Clause 5, Article 9 of this Circular.

2. The certifying authority shall revoke the suspension of the validity of the certificate issued for the type of imported spare parts and notify the importer in writing if, within 6 months from the date the certifying authority announced the suspension of the certificate's validity for the type of imported spare parts, the importer fulfills the requirements specified in Clause 1 of this Article.

3. The certifying authority shall revoke electronic Quality Certificates issued on the National Single Window Portal, the Ministry of Transport’s electronic portal, and send written notifications of the revocation to the importer, customs authorities, tax agencies, and police in the following cases:

a) Revocation of the certificate issued for an imported spare part type shall occur if: the importer is dissolved or declared bankrupt according to legal regulations; more than six months have passed since the suspension of the certificate, and the importer has failed to meet the requirements specified in Clause 1 of this Article;

b) Revocation of the Quality Certificate shall occur in the following cases: the importer has falsified documents in the application for inspection; the Quality Certificate was issued in violation of legal regulations.

Chapter IV

REGULATIONS ON ENERGY CONSUMPTION AND ENERGY LABELING OF MOTOR VEHICLES

Article 15. General provisions on energy consumption and energy labeling of motor vehicles

1. Importers must disclose the energy consumption of motor vehicles. Disclosure of energy consumption must meet the following requirements:

a) Consistent with the information and energy consumption levels of vehicle types that have been certified;

b) Publish the energy consumption information of the vehicle type on the importer’s website or the vehicle dealership’s website (if applicable). The disclosed information must be maintained throughout the period the importer or dealership supplies the vehicle type to the market.

2. New passenger cars, motorcycles, and mopeds must have energy labels affixed before being marketed, as specified in Decision No. 04/2017/QD-TTg dated March 9, 2017, of the Prime Minister, which promulgates regulations on the list of vehicles and equipment requiring energy labeling, the application of minimum energy performance standards, and the implementation roadmap. Exceptions include vehicles listed in Points a, b, and c, Clause 4, Article 6 of this Circular.

3. For motor vehicle types required to have energy labels, importers must register for energy labeling in accordance with the laws on efficient energy use. The labeling process shall be based on certified energy consumption values, and energy labels must be affixed to imported vehicles before they are marketed.

4. Importers are encouraged to register for energy labeling for vehicles not specified in Clause 2 of this Article.

5. If a vehicle type meets the conditions for extending the recognition of emission test results as stipulated in the national technical regulations for the vehicle type that has undergone emission and energy consumption testing, the importer may use the certified energy consumption test report for the same vehicle type to complete the certification process without repeating the energy consumption test.

Article 16. Inspection and supervision of energy labeling for motor vehicles

1. The certifying authority shall organize the inspection and supervision of energy labeling implementation as follows:

a) Annually, prepare plans and conduct inspections to ensure compliance with the disclosure of energy consumption information and the labeling implementation by importers and dealers of imported vehicles;

b) Conduct unscheduled inspections upon receiving reports or complaints regarding suspected violations of energy labeling regulations by importers or dealers of imported motor vehicles.

2. If clear signs of violations related to certified or disclosed energy consumption are identified, the certifying authority shall require the importer to retest the energy consumption.

3. If violations related to energy labeling are discovered, the certifying authority shall notify the Ministry of Industry and Trade in writing, detailing the violations for further review and handling in accordance with legal regulations.

Chapter V

REGULATIONS ON PRODUCT RECALLS

Article 17. Goods subject to recall

Goods subject to the provisions of Decree No. 116/2017/ND-CP must be recalled in the following cases:

1. Goods recalled as announced by the manufacturer;

2. Goods recalled upon request by the certifying authority. Such a request is made based on specific evidence or the results of investigations into reports concerning the technical safety quality and environmental protection of imported goods.

Article 18. Procedures for conducting recalls

1. For importers:

If goods released to the market are found to have technical defects requiring recall, the importer must undertake the following tasks:

a) Within five (05) working days of receiving a recall notice from the manufacturer or the certifying authority, the importer must notify all sales agents in writing to halt sales of the goods subject to recall that have not yet been rectified;

b) Within ten (10) working days of receiving a recall notice from the manufacturer or the certifying authority, the importer must submit a written report to the certifying authority, including the following details: the cause of the technical defect; remedial measures; the quantity of goods subject to recall; a suitable recall plan;

c) Proactively carry out the recall and adhere strictly to the recall plan. Additionally, the importer must publicly disclose information regarding the recall plan and the list of goods subject to recall on their website and at sales agents in a timely and comprehensive manner.

2. For the certifying authority:

a) Issue a written notification to the importer acknowledging receipt of the recall plan and specifying any additional requirements for the recall program (if applicable);

b) Require the importer to implement the recall;

c) Publish information about the recalled goods on the certifying authority's website;

d) Monitor and inspect the implementation of the recall by the importer according to the recall plan;

dd) Suspend quality certification procedures for any importer who fails to fulfill their responsibilities as stipulated in Clause 1 of this Article;

e) Consider suspending technical safety quality and environmental protection certification procedures for goods from the same manufacturer if the importer provides evidence that the manufacturer failed to cooperate in executing the recall plan;

g) For goods subject to recall that have not yet been issued a Quality Certificate by the certifying authority, the certifying authority shall notify the customs authority at the location where the goods are declared for importation to allow the importer to temporarily release the goods for defect remediation. After the importer provides a list of goods that have been rectified according to the manufacturer's requirements, the certifying authority will proceed with certification in accordance with regulations.

Chapter VI

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS

Article 19. Responsibilities of importers

1. Be accountable for the truthfulness, accuracy, validity, and legality of all documents and materials submitted to the certifying authority.

2. Take responsibility for the technical safety quality and environmental protection of goods they import, as stipulated by law.

3. Ensure the imported goods remain in their original condition as required for inspection by the certifying authority.

4. Be responsible for transporting samples to the testing facility and ensuring the samples remain in their original condition as per regulations.

5. Cooperate with the certifying authority during the inspection process for technical safety quality and environmental protection.

6. Recall automobiles subject to Decree No. 116/2017/ND-CP with defects as stipulated in this Circular. Proactively address defects or recall other defective products in accordance with laws on product quality and consumer protection and submit a report on the implementation results upon request by the certifying authority.

7. In the event of an electronic transaction failure on the National Single Window Portal, promptly notify the portal management authority to coordinate resolution efforts.

8. Submit written reports (in paper or electronic form) to the certifying authority annually and immediately after the recall period as per the plan.

9. Submit periodic reports related to energy labeling to the certifying authority using the form specified in Appendix XIX enclosed with this Circular. These reports must include the following information:

a) Report title: Periodic report on energy labeling;

b) Contents required in the report: Number of vehicle types labeled with energy labels; average energy consumption per importer over a one-year period;

c) Entities responsible for reporting: importers;

d) Receiving authority: Certifying authority;

dd) Methods of report submission: reports shall be presented in the form of either paper documents or electronic documents and submitted via one of the following methods: direct submission, postal services, email systems, or other methods as prescribed by law;

e) Report submission deadline: No later than December 31 of each year;

g) Reporting frequency: Annually;

h) Data cutoff period: from December 15 of the year preceding the reporting period to December 14 of the reporting year.

10. Affix the chassis number and engine number rubbings to the back of the certificate of conformity for the technical safety quality, and environmental protection of imported vehicles, the exemption notice for quality inspection of technical safety and environmental protection for imported vehicles, and affix seal across the margins of the pages to facilitate the full online vehicle registration process in accordance with the regulations of the Minister of Public Security.

11. Retain import documents for a minimum of 5 years from the time the type of goods ceases to be imported. Upon destroying these documents, the importer must ensure that the data can still be retrieved to support product recalls.

Article 20. Responsibilities of the certifying authority

1. Issue, manage, and take responsibility for the results of Quality Certificates.

2. Conduct ad-hoc inspections of imported goods when violations or complaints about the quality of imported goods or non-compliance with energy labeling regulations are detected.

3. Notify competent authorities to address violations when importers or vehicle traders breach energy labeling regulations.

4. Publish the list of vehicles subject to recalls and recall details on the certifying authority's electronic portal.

5. Collaborate with importers and the administrators of the National Single Window Portal and the Ministry of Transport's Electronic Portal to resolve electronic transaction issues as per regulations.

6. Recognize, designate, and publicly disclose the list of testing facilities authorized to test vehicles and components for quality certification related to technical safety, environmental protection, and energy consumption of motor vehicles.

7. Retain records in accordance with legal regulations.

8. Compile results of quality certifications for technical safety and environmental protection, as well as inspections related to energy labeling for imported goods, to report to competent authorities.

Chapter VII

IMPLEMENTATION

Article 21. Transitional provisions

1. Quality Certificates issued prior to the effective date of this Circular remain valid until the expiration dates stated on those certificates.

2. Vehicle types that have been certified with fuel consumption levels or declared energy consumption levels in accordance with regulations before the effective date of this Circular may use the certified or declared energy consumption levels as the basis for certification or exemption notices until the time of the next scheduled sample vehicle testing.

3. Vehicle types certified for technical safety quality and environmental protection before the effective date of this Circular must undergo sample vehicle testing within 36 months from the last sample vehicle testing date for that vehicle type.

Article 22. Entry into force

1. This Circular comes into force on January 1, 2025.

2. The following Circulars and provisions in issued Circulars are repealed as of the effective date of this Circular:

a) Circular No. 31/2011/TT-BGTVT dated April 15, 2011, of the Minister of Transport on the inspection of technical safety quality and environmental protection for imported motor vehicles;

b) Circular No. 55/2014/TT-BGTVT dated October 20, 2014, of the Minister of Transport on amendments to Circular No. 31/2011/TT-BGTVT dated April 15, 2011, of the Minister of Transport on the inspection of technical safety quality and environmental protection for imported motor vehicles;

c) Circular No. 03/2018/TT-BGTVT dated January 15, 2018, of the Minister of Transport on the inspection of technical safety quality and environmental protection for imported automobiles subject to Decree No. 116/2017/ND-CP ;

d) Circular No. 05/2020/TT-BGTVT dated February 26, 2020, of the Minister of Transport on amendments to Circular No. 03/2018/TT-BGTVT dated January 15, 2018, on the inspection of technical safety quality and environmental protection for imported automobiles subject to Decree No. 116/2017/ND-CP ;

dd) Circular No. 44/2012/TT-BGTVT dated October 23, 2012, of the Minister of Transport on the inspection of technical safety quality and environmental protection for imported motorcycles, mopeds, and engines used for the production and assembly of motorcycles and mopeds;

e) Circular No. 19/2014/TT-BGTVT dated May 28, 2019, of the Minister of Transport on amendments to Circular No. 23/2009/TT-BGTVT dated October 15, 2009, of the Minister of Transport on the inspection of technical safety quality and environmental protection for special-use vehicles, Circular No. 44/2012/TT-BGTVT dated October 23, 2012, of the Minister of Transport on the inspection of technical safety quality and environmental protection for imported motorcycles, mopeds, and engines used for the production and assembly of motorcycles and mopeds, and Circular No. 41/2013/TT-BGTVT dated November 5, 2013, of the Minister of Transport on the inspection of technical safety quality and environmental protection for electric bicycles.

3. In cases where the legal documents, national technical regulations, or standards referenced in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replaced documents, regulations, or standards shall prevail./.

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