Chương III: Quy định về triệu hồi sản phẩm, hàng hóa có khuyết tật

CIRCULAR

ON PROCEDURES FOR CERTIFICATION OF TECHNICAL SAFETY QUALITY AND ENVIRONMENTAL PROTECTION FOR MOTOR VEHICLES, SPECIAL-PURPOSE VEHICLES, AND MOTOR VEHICLE PARTS IN MANUFACTURING AND ASSEMBLY

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 of the Government on conditions for manufacturing, assembly, import, and trading in warranty and maintenance services for automobiles, and Decree No. 17/2020/ND-CP dated February 5, 2020 of the Government on amendments to decrees related to investment and business conditions under the 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, apply minimum energy efficiency levels, and implement the corresponding 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 promulgates the Circular on procedures for certification of technical safety quality and environmental protection for motor vehicles, special-purpose vehicles, and motor vehicle parts in manufacturing and assembly.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

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

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, special-purpose vehicles, and motor vehicle parts used for scientific research, production research, exhibition, or display at fairs and trade shows.

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 manufacturing and assembly.

Article 3. Interpretation of terms

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

1. “Assemblies” refer engines, chassis, cabs, bodies, or cargo bodies and specialized equipment mounted on motor vehicles or special-purpose vehicles.

2. “Systems” include power transmission systems, drive systems, suspension systems, fuel systems, electrical systems, energy storage systems for vehicle powertrains, lighting systems, and signaling systems.

3. “Parts” refer to assemblies, systems, sub-assemblies, and components of motor vehicles or special-purpose vehicles.

4. “Motor vehicles and special-purpose vehicles” (hereinafter referred to as “vehicles”) are vehicles manufactured and assembled from new parts or base vehicles, including:

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.

5. “Base vehicles” are new vehicles, including chassis trucks without cabs, chassis trucks with cabs, complete motor vehicles, or complete special-purpose vehicles that have been certified for technical safety quality and environmental protection in manufacturing, assembly, or import in accordance with regulations issued by the Minister of Transport but have not undergone initial vehicle registration procedures as prescribed by the Minister of Public Security. These vehicles are used for manufacturing or assembling other vehicles.

6. “Manufacturing and assembling vehicles” refer to the processes of creating complete vehicles, chassis trucks with cabs, or chassis trucks without cabs (engine-mounted chassis) from parts, sub-assemblies, components, assemblies, and systems. It also includes creating complete vehicles from base vehicles or chassis trucks with cabs from chassis trucks without cabs.

7. “Products” refer to parts or vehicles.

8. “Products of the same type” are products sharing the same characteristics as specified in Appendix I enclosed with this Circular.

9. “Representative sample” refers to a sample product selected for inspection and testing as stipulated in this Circular and national technical regulations.

10. “Product type certification” is the process of inspection, testing, assessment, and certification of the technical safety quality and environmental protection of a product type in accordance with national technical regulations.

11. “Energy consumption of motor vehicles” refers to the amount of fuel or electricity consumed by motor vehicles over a specific distance under defined conditions and testing cycles.

12. “Energy labels for motor vehicles” (hereinafter referred to as “energy labels”) are labels providing information on the type of energy used, energy consumption levels, and motor vehicle types.

13. “Manufacturing facility” refers to one of the following organizations:

a) Organizations engaged in the manufacturing and assembly of parts, which are granted a Business Registration Certificate, Enterprise Registration Certificate, or Investment Certificate in accordance with the law;

b) Organizations engaged in the manufacturing and assembly of automobiles, which are granted a Certificate of Eligibility for Automobile Manufacturing and Assembly in accordance with Decree No. 116/2017/ND-CP dated October 17, 2017 of the Government on conditions for manufacturing, assembly, importation, and provision of warranty and maintenance services for automobiles, and Decree No. 17/2020/ND-CP dated February 5, 2020, on amendments to decrees related to investment and business conditions under the management of the Ministry of Industry and Trade;

c) Organizations engaged in the manufacturing and assembly of vehicles (excluding those specified in Point b of this Clause), which are granted a Business Registration Certificate, Enterprise Registration Certificate, or Investment Certificate in accordance with the law.

14. “Vehicle trading facility” refers to organizations or individuals engaged in selling and distributing vehicles to the market, established in accordance with the law.

15. “Competent certifying authority” (hereinafter referred to as the certifying authority) is the Vietnam Register.

16. “Testing facility” refers to organizations established in accordance with the law and recognized or designated by the Vietnam Register to perform inspections and testing of vehicles and parts.

17. “Vehicle technical safety and environmental protection inspection and testing report” (hereinafter referred to as the “vehicle safety testing report”) refers to the result of inspection and testing of representative samples conducted by a testing facility, in accordance with this Circular and national technical regulations on vehicle types.

18. “Vehicle emission testing report” refers to the result of representative sample emission testing conducted by a testing facility, in accordance with this Circular and national technical regulations on vehicle emissions.

19. “Parts testing report” refers to the result of representative sample testing of parts conducted by a testing facility, in accordance with national technical regulations on parts types.

20. “Energy consumption testing report” refers to the result of representative sample energy consumption testing conducted by a testing facility, in accordance with this Circular and national technical regulations on motor vehicle types.

21. “Defective product” refers to a product with design, manufacturing, or assembly defects that may endanger the safety of life and property of users or negatively impact public safety and the environment.

22. “Recall” refers to an action taken by a manufacturing facility to address defective products in the process of design, manufacturing, production, or assembly that have been released to the market, with the aim of rectifying or preventing potential dangers.

23. “Vehicle manufacturing year” refers to the calendar year when the vehicle chassis number is created and stamped on the vehicle chassis or body. For vehicles manufactured or assembled from base vehicles, the manufacturing year of the vehicle is based on the first manufacturing year of the base vehicle.

24. “Risk management” refers to the measures applied by the certifying authority to assess and classify the risk levels of manufacturing facilities and implement appropriate management measures in the manufacturing and assembly of vehicles and parts.

Chapter II

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

Article 4. Testing of representative samples

1. Manufacturing facilities shall prepare representative samples, technical documents, and other relevant materials to register for testing of representative samples for product types subject to inspection and testing as specified in Appendix II enclosed with this Circular or register for testing the energy consumption of motor vehicles. Manufacturing facilities may choose to conduct independent energy consumption testing or combine it with vehicle emission testing.

2. Testing facilities shall inspect and test the representative samples and issue one of the following testing reports: Vehicle safety testing report; vehicle emission testing report; parts testing report; or energy consumption testing report. The testing report shall remain valid for 36 months from the date of signing for the purpose of registering for the certification of technical safety quality and environmental protection for the respective vehicle or motor vehicle parts type.

Article 5. Application for certification of technical safety quality and environmental protection

1. The application for part type certification for parts subject to the provisions of Appendix II enclosed with this Circular includes:

a) An application form for the issuance of the Type Approval Certificate for parts, as specified in Appendix XII enclosed with this Circular;

b) A technical information sheet specifying the distinctive technical specifications of the parts type;

c) A copy of the parts testing report, along with copies of technical drawings showing the distinctive specifications of the parts;

d) Photographs of the parts, accompanied by explanations of markings, symbols, and numbers on the parts;

dd) A list of parts used for manufacturing and assembling parts being engines for motorcycles, mopeds, and four-wheeled motorized cargo vehicles as specified in Appendix VI enclosed with this Circular;

e) Quality assurance evaluation results for the parts type at the manufacturing facility, or equivalent evaluation results in cases where the facility has already undergone a quality assurance evaluation for similar parts types.

2. The application for vehicle type certification includes:

a) An application form for the issuance of the Type Approval Certificate for vehicles, as specified in Appendix XII enclosed with this Circular;

b) A technical information sheet in the format specified in Appendix III enclosed with this Circular for the respective type of manufactured or assembled vehicle;

c) A copy of the vehicle safety testing report, along with copies of the technical drawings specified in Appendix IV enclosed with this Circular when registering for inspection and testing;

d) A copy of the vehicle emission testing report, along with copies of documents providing information on the vehicle type when registering for emission testing;

dd) A copy of the energy consumption testing report, along with copies of relevant documents when registering for energy consumption testing;

e) A list of domestically produced and imported parts used for manufacturing and assembling vehicles, as specified in Appendix V enclosed with this Circular;

g) Copies of valid documents for parts subject to the provisions of Appendix II enclosed with this Circular, used for vehicle assembly;

h) Photographs of the complete vehicle and specialized or distinctive equipment;

i) A copy of the description of the method and location for stamping vehicle chassis numbers and engine numbers;

k) Quality assurance evaluation results for the vehicle type at the manufacturing facility, or equivalent evaluation results in cases where the facility has already undergone a quality assurance evaluation for similar vehicle types.

3. The documents specified in Point g, Clause 2 of this Article for each part type shall include one of the following:

a) A certificate of technical safety quality and environmental protection for the part type;

b) A notice of exemption from inspection of technical safety quality and environmental protection for imported automobile parts, as stipulated in Decree No. 60/2023/ND-CP dated August 16, 2023, of the Government on the inspection and certification of technical safety quality and environmental protection for imported automobiles and parts under international agreements to which Vietnam is a signatory (hereinafter referred to as Notice of exemption for parts);

c) A copy of the confirmation document from the foreign part manufacturer, accompanied by certification documents of conformity with quality standards for imported automobile part types under agreements from countries or territories that have mutual recognition agreements with Vietnam in the field of motor vehicle certification;

d) A copy of the confirmation document from the legal representative of the foreign part manufacturer in Vietnam, along with a copy of the Part type certificate used in manufacturing and assembling automobiles subject to Decree No. 116/2017/ND-CP dated October 17, 2017 (hereinafter referred to as Decree No. 116/2017/ND-CP), issued by the certifying authority.

4. Documents exempted from submission for vehicle type certification applications:

a) Vehicle emission testing reports for vehicle types manufactured or assembled from base vehicles, where the manufacturing or assembly process does not alter the emission system of the certified base vehicle, or for vehicle types not subject to emission standards;

b) Energy consumption testing reports for vehicle types not subject to national technical regulations on energy consumption, or for vehicles manufactured from base vehicles already certified for energy consumption; or cases where the vehicle emission testing report includes energy consumption testing results;

c) Documents specified in Point g, Clause 2 of this Article for parts certified by the certifying authority or exempted from inspection through a Notice of exemption for parts;

d) Copies of descriptions of the method and location for stamping vehicle chassis and engine numbers specified in Point i, Clause 2 of this Article for vehicle types manufactured or assembled from base vehicles.

5. Replacement documents for vehicle type certification applications:

a) Replacement for vehicle emission testing reports: Copies of documents issued by testing facilities certifying the conformity of vehicle type emissions with the requirements for expanded recognition of emissions for certified vehicle types, or copies of documents from testing facilities confirming the conformity of manufactured or assembled vehicle types with the emission testing report, as specified in Appendix XVI enclosed with this Circular;

b) Replacement for Energy consumption testing reports: Copies of documents from testing facilities confirming the conformity of the vehicle type as identical to a previously certified vehicle type under national technical regulations on energy consumption, or copies of documents from testing facilities confirming the vehicle type's compliance with the expanded recognition conditions for emission testing results of certified vehicle types, or copies of documents confirming the conformity of manufactured or assembled vehicle types with Energy consumption testing reports, as specified in Appendix XVI enclosed with this Circular.

6. When submitting applications through the online public service system, the documents specified in Clause 1 or Clause 2 of this Article may be replaced with electronic information declarations and electronic documents.

Article 6. Ensuring product quality in manufacturing and assembly

1. Manufacturing facilities must establish quality management systems to ensure the control of quality during manufacturing, assembly, and the release of products, in compliance with national technical regulations.

2. The certifying authority shall conduct evaluations of quality assurance (referred to as COP evaluations) through the following methods:

a) Initial evaluation performed when granting the Certificate of technical safety quality and environmental protection for new product types at the manufacturing facility.

Evaluation content: includes reviewing documents related to enterprise registration, the location, and rights to use factory premises; assessing the quality management system at the manufacturing facility to ensure and maintain compliance and the stability of product quality. This includes: quality control of incoming materials and components; manufacturing, assembly, and quality checks at each production stage and upon product release; control of non-conformance and corrective/preventive actions; maintenance of production equipment and calibration of quality inspection devices; warranty and recall processes for products; management and usage of Factory quality inspection slips; storage of quality inspection records; traceability of parts and products; evaluating the operational effectiveness of the quality management system during production, assembly, and final product inspections; assessing the competency of personnel conducting product quality inspections.

For new product types manufactured by a facility that has undergone COP evaluation but whose manufacturing, assembly, and inspection processes have changed compared to previously evaluated product types, only the aspects that have changed shall be re-evaluated;

b) Periodic evaluation is conducted according to the cycle specified in Appendix XI enclosed with this Circular.

Evaluation content: review documents related to enterprise registration and rights to use factory premises (if changes occurred since the previous evaluation); assess the maintenance of the quality management system; evaluate the practical operation of the quality management system during manufacturing, assembly, and final product inspections; assess the competency of personnel conducting product quality inspections.

Evaluation includes: ensuring the manufacturing facility maintains product quality, storing quality inspection records, and verifying the conformity of released products with the registered quality criteria for the product type. The management and use of Factory quality inspection slips are conducted on a random inspection basis. Expanded inspection and evaluation may be performed if non-conformities are detected during the evaluation process.

c) Ad hoc evaluation is conducted when complaints or reports are received regarding: failure to maintain product quality assurance, failure to conduct product quality inspections, or releasing products that fail to meet quality standards, do not comply with the certification application and the representative sample of the product type issued with Certificate of technical safety quality and environmental protection improper use or issuance of the Factory quality inspection slip.

Evaluation content: assess the items related to the complaints and expand the evaluation scope if violations affecting other evaluation items are detected;

d) Supplemental evaluation is conducted when there are changes related to the quality management system, production stages, inspection stages, factory premises, or final product inspection equipment that impact the facility's ability to maintain product quality compared to the previous evaluation.

Evaluation content: assess the items related to the changes.

3. The manufacturing facility may request a COP evaluation to be conducted before or after submitting the application for product type certification or before the scheduled periodic evaluation; for periodic evaluations, re-evaluations must be conducted no more than three months before the scheduled evaluation time. If deficiencies are identified, the manufacturing facility is responsible for rectifying them within three months of being notified. If the facility fails to address the deficiencies within this timeframe, the certifying authority will terminate the evaluation process and record the COP evaluation as non-compliant. If compliant, the COP evaluation results and the next evaluation schedule will be communicated to the facility in writing or through an appropriate method. The timing of the next evaluation will be determined based on the risk management approach to quality management for manufactured and assembled products, as specified in Article 14 and Appendix XI enclosed with this Circular.

4. The starting point of the evaluation cycle is determined as follows:

a) For initial evaluations: The starting point is from the date of completion of the COP evaluation that meets requirements;

b) For periodic evaluations: If the manufacturing facility requests a periodic evaluation before the COP re-evaluation date previously notified, and the evaluation results meet the requirements, the starting point for the next evaluation cycle is taken as the previously notified COP re-evaluation date. If the evaluation identifies any of the following non-conformities: products fail to meet requirements or do not conform to the certified product type; final product inspections are not conducted; quality control technicians fail to follow final product inspection guidelines; final inspection equipment is not operational, operates abnormally, or does not ensure accuracy; the use and issuance of final inspection slips are inconsistent with the certified vehicle type; the results of the previous COP evaluation will no longer be valid. After the manufacturing facility rectifies the non-conformities, the starting point of the next evaluation cycle is taken as the previously notified COP re-evaluation date.

If the manufacturing facility requests a periodic evaluation after the COP re-evaluation date previously notified, the starting point is calculated from the date of completion of the periodic evaluation that meets requirements;

c) For initial evaluations of new product types manufactured by a facility with a COP evaluation, or for supplemental evaluations: the starting point of the next evaluation cycle is taken as the previously notified date.

5. COP evaluations are exempted if the product type is manufactured and assembled following technology and inspection processes that are identical to or simpler than those of previously evaluated product types.

Article 7. Certification of technical safety quality and environmental protection for product types

The manufacturing facility shall prepare one application for certification corresponding to the product type as prescribed in Article 5 of this Circular and submit it to the certifying authority for consideration and issuance of the Certificate of technical safety quality and environmental protection for the product type (hereinafter referred to as the Product type certificate) in accordance with the following procedures:

1. The manufacturing facility shall submit the application either directly, via postal services, or online through the National Public Service Portal or the Public Service Portal of the Ministry of Transport (hereinafter referred to as online public service system) to the certifying authority.

2. The certifying authority shall receive and check the components of the application. If the application components are incomplete, the certifying authority shall return the application on the same working day for direct submissions or within 2 working days from the date of receipt for other submission methods, and notify the manufacturing facility of the reasons for the return to complete the application. If the application components are complete, the certifying authority shall review and assess the application.

3. The certifying authority shall review the COP evaluation results and examine the application contents within 7 working days from the date the application is fully received and the manufacturing facility has paid all service fees and charges in accordance with regulations.

a) If the COP evaluation and application review results meet the requirements, the certifying authority shall issue the Product type certificate;

b) If the application contains non-compliant items, lacks a COP evaluation result, or has a COP evaluation result that does not conform to the product type, the certifying authority shall notify the manufacturing facility to supplement or complete the application. For cases lacking COP evaluation results or with COP results inconsistent with the product type, the manufacturing facility must agree on a timeline for the certifying authority to conduct the COP evaluation as per regulations. The manufacturing facility must address the notified non-compliant items in the application and resubmit it to the certifying authority. The processing timeline is reset from the date the supplemented application is received.

The manufacturing facility may supplement and complete the application within a maximum of three months from the initial notification date. If the three-month deadline is exceeded without addressing the deficiencies, the certifying authority will terminate the application review, COP evaluation, and notify, either in writing or via the online public service system, the decision not to issue the Product type certificate.

4. The certifying authority shall issue the Product type certificate within three working days from the date the COP evaluation and application review results meet requirements. The Certificate of technical safety quality and environmental protection for the product type (hereinafter referred to as the Product type certificate) is valid for 36 months from the issuance date. The issuance of Product type certificate is regulated as follows:

a) The Certificate of technical safety quality and environmental protection for vehicle types (Vehicle type certificate), following the form specified in Appendix IX enclosed with this Circular, and blank Factory quality inspection slips, following the form specified in Appendix VII enclosed with this Circular;

b) The Certificate of technical safety quality and environmental protection for part types (Part type certificate), following the form specified in Appendix X enclosed with this Circular.

5. The manufacturing facility may receive the Certificate of technical safety and environmental protection for the product type either directly at the premises of the certifying authority’s head office; via postal services for paper certificates; via the online public service system for electronic certificates.

Article 8. Reissuance of Product type certificate

1. Product type certificate shall be reissued in the following cases: loss or damage; expiry of validity; changes in information, name, or address of the manufacturing facility on the certificate; changes in national technical regulations applicable to the product; changes in the brand name or trade name of the certified product (while the certificate remains valid) related to intellectual property rights; changes in energy consumption levels of the certified motor vehicle type.

2. The application for reissuance includes the following documents:

a) For reissuance due to loss, damage, or changes in information, name, or address of the manufacturing facility on the certificate: documents specified in point a and point e, clause 1, article 5 for parts; documents specified in point a and point k, clause 2, article 5 for vehicles; relevant documents in cases of changes to the manufacturing facility’s information, name, or address.

b) For reissuance due to expiry of validity: documents specified in Clause 1 or Clause 2, Article 5 of this Circular. submission of documents is exempted if there are no changes from the documents previously submitted for the certified product type;

c) For reissuance due to changes in the energy consumption levels of certified motor vehicle types, changes to applicable standards or technical regulations, or changes in the brand name or trade name of the certified product related to intellectual property rights: documents specified in Clause 1 or Clause 2, Article 5 of this Circular; relevant documents in cases of changes to the brand name or trade name of the product. Submission of documents is exempted if there are no changes from the documents previously submitted for the certified product type.

3. Procedures:

a) The manufacturing facility shall prepare one application as specified in Clause 2 of this Article, corresponding to each specific case, and submit it directly, via postal services, or through the online public service system to the certifying authority;

b) The certifying authority shall receive and check the application components. If the application components are incomplete, the certifying authority shall return the application on the same working day for direct submissions or within 2 working days from the date of receipt for other submission methods, and notify the manufacturing facility of the reasons for the return to complete the application. If the application is complete, the certifying authority shall review and assess the application;

c) The certifying authority shall verify the COP evaluation results and assess the application content within five working days for reissuance due to loss or damage (paper certificates); seven working days for other reissuance cases, from the date of application receipt and full payment of service fees and charges by the manufacturing facility.

If the COP evaluation and application review meet requirements, the certifying authority shall issue the certificate.

If the application contains non-compliant items or the COP evaluation result does not meet requirements, the certifying authority shall notify the manufacturing facility to supplement or complete the application. In cases where the COP evaluation does not meet requirements, the manufacturing facility must coordinate with the certifying authority to schedule the COP evaluation. The manufacturing facility must rectify the non-compliant application items and resubmit the application to the certifying authority. The processing timeline resets from the date the supplemented application is received.

The manufacturing facility may supplement and complete the application within a maximum of three months from the initial notification date. After the 3-month deadline, the certifying authority will terminate the application and COP evaluation process and notify the decision not to issue the certificate in writing or via the online public service system;

d) The certifying authority shall issue the certificate within three working days from the date the COP evaluation and application review meet requirements. Certificates are issued using the forms provided in Appendix IX or Appendix X enclosed with this Circular. The validity of reissued certificates due to expiration is 36 months from the issuance date. The validity of reissued certificates due to changes in applicable national technical regulations is also 36 months if full inspection and testing are conducted in compliance with all applicable regulations for the product type. The validity of certificates reissued for other reasons aligns with the validity of the previously issued certificate;

dd) The manufacturing facility may receive the certificate directly at the certifying authority’s office, via postal services, or through the online public service system (if the application was submitted online).

In cases where the certificate is reissued due to expiration, the certifying authority shall randomly select samples from products manufactured, assembled, and inspected at the facility for inspection and testing, if the facility wishes to continue production and assembly. The number of completed products for sampling, including base vehicles, special-purpose vehicles, and motorcycles, must not be less than the sample size required for inspection and testing. Sampling is allowed prior to application submission and within six months after the certificate expires.

4. When submitting an application via the online public service system, the application components specified in Clause 2 of this Article may be replaced with electronic information declarations and electronic documents.

Article 9. Issuance of extended Product type certificates

1. The issuance of an extended Vehicle type certificate or Part type certificate (hereinafter referred to as the extended certificate) is carried out when the certified product type, whose certification is still valid, undergoes changes but continues to meet the requirements for products of the same type and falls under one of the cases specified in Section 2, Part I for motor vehicles and motor vehicle parts or Section 2, Part II for special-purpose vehicles as outlined in Appendix I enclosed with this Circular. This includes changes affecting product identification or modifications to specifications printed on the issued Product type certificate.

2. The application for the issuance of an extended certificate includes:

a) Documents specified in Clause 1 or Clause 2, Article 5 of this Circular. Submission of documents is exempted if there are no changes from the documents previously submitted for the certified product type;

b) Documents related to the changes in the product.

3. Procedures:

a) The manufacturing facility shall prepare one application as specified in Clause 2 of this Article and submit it directly, via postal services, or through the online public service system to the certifying authority;

b) The certifying authority shall review and check the application components. If the application components are incomplete as per regulations, the certifying authority will return the application on the same working day for direct submission or within 2 working days from the date of review and acceptance for other submission methods, along with a notice specifying the reasons for the manufacturer to complete the application. If the application is complete, the certifying authority shall review and assess the application;

c) The certifying authority shall verify the COP evaluation results and assess the application content within seven working days from the date of application receipt and the manufacturing facility's full payment of service fees and charges.

If the COP evaluation and application review meet requirements, the certifying authority shall issue the extended certificate as prescribed.

If the application contains non-compliant items or the COP evaluation result does not meet requirements, the certifying authority shall notify the manufacturing facility to supplement or complete the application. If the COP evaluation result does not meet requirements, the manufacturing facility must coordinate with the certifying authority to schedule a COP evaluation. The manufacturing facility must address the notified non-compliant items in the application and resubmit it to the certifying authority. The processing timeline resets from the date the supplemented application is received.

The manufacturing facility may supplement and complete the application within a maximum of three months from the initial notification date. After the 3-month deadline, the certifying authority will terminate the application and COP evaluation process and notify the decision not to issue the certificate in writing or via the online public service system;

d) The certifying authority shall issue the extended certificate within three working days from the date the COP evaluation and application content meet requirements. Certificates are issued using the forms provided in Appendix IX or Appendix X enclosed with this Circular. The validity of the extended certificate corresponds to the validity of the certification for the product type before the changes;

dd) The manufacturing facility may receive the certificate directly at the certifying authority’s office, via postal services, or through the online public service system (if the application was submitted online).

4. When submitting an application via the online public service system, the application components specified in Clause 2 of this Article may be replaced with electronic information declarations and electronic documents.

Article 10. Supplementing applications for certification for certified product types

1. Supplementing the application for certification for Product type certificate is conducted when the certified product type, whose certification is still valid, undergoes changes that do not alter the product’s conformity as the same type as specified in Appendix I enclosed with this Circular. It must meet the requirements for products of the same type under national technical regulations and not fall under the cases specified in Clause 1, Article 9 of this Circular or involve supplementing test results for applicable items in national technical regulations according to the published implementation schedule.

2. The supplementary application includes the following documents:

a) Documents specified in Clause 1 or Clause 2, Article 5 of this Circular. Submission of documents is exempted if there are no changes from the documents previously submitted for the certified product type;

b) Documents related to the changes or additions to the product.

3. Testing and providing test reports for products with changes or additions are exempted in the following cases: Changes in convenience or aesthetics, or changes to characters on the product that do not alter technical specifications or affect the technical safety and environmental protection of the certified product type, while meeting the requirements for products of the same type specified in Appendix I and national technical regulations; adding parts of the same certified type imported for use in manufacturing and assembly of vehicle types, where COP evaluation has not been conducted (provided they match the information and technical specifications on the certificate and in the test report); adding parts of the same certified type with matching technical specifications recorded on the certificate and in the test report as the parts installed on the certified vehicle type, while meeting the requirements specified in national technical regulations. Other cases of changes or additions not specified above shall be reviewed and evaluated based on the conformity of the certified parts' technical specifications with the technical specifications of the vehicle type and parts installed on the vehicle, ensuring compliance with the related requirements in the applicable national technical regulations for the vehicle type.

4. Procedures:

a) The manufacturing facility shall prepare one supplementary application as specified in Clause 2 of this Article and submit it directly, via postal services, or through the online public service system to the certifying authority to supplement the application for certification for the certified product type;

b) The certifying authority shall receive and check the application components. If the application components are incomplete, the certifying authority shall return the application on the same working day for direct submissions or within 2 working days from the date of receipt for other submission methods, and notify the manufacturing facility of the reasons for the return to complete the application. If the application is complete, the certifying authority shall review and evaluate the application;

c) The certifying authority shall verify the COP evaluation results and assess the application content within seven working days from the date of application receipt and the manufacturing facility's full payment of service fees and charges.

If the COP evaluation and application review meet requirements, the certifying authority shall record and supplement the changes to the certified product type and notify the manufacturing facility in writing or via the online public service system.

If the application contains non-compliant items or the COP evaluation result does not meet requirements, the certifying authority shall notify the manufacturing facility to supplement or complete the applicationl. In cases where the COP evaluation result does not meet requirements, the manufacturing facility must coordinate with the certifying authority to schedule a COP evaluation. The manufacturing facility must address the notified non-compliant items in the application and resubmit it to the certifying authority. The processing timeline resets from the date the supplemented application is received.

The manufacturing facility is allowed a maximum of three months from the initial notification date to address non-compliant application items. If the three-month deadline is exceeded without rectification, the certifying authority will terminate the application and COP evaluation process and notify, either in writing or via the online public service system, the decision not to record or supplement the changes to the certified product type.

5. When submitting an application via the online public service system, the application components specified in Clause 2 of this Article may be replaced with electronic information declarations and electronic documents.

Article 11. Provisions during the manufacturing and assembly process of products

1. Manufacturing facilities must maintain quality assurance during the manufacturing and assembly process and conduct quality checks and final inspections for each product.

2. Each product released from the factory must undergo final inspection by the manufacturing facility, including test runs on test tracks and evaluation of quality indicators registered in the certificate application of the product type.

3. The final inspection of products is carried out in one of two forms: self-inspection or inspection under the supervision of the certifying authority:

a) Self-conducted final inspection:

Manufacturing facilities granted a Product type certificate with a COP evaluation that meets requirements and without violations warranting supervised inspections are allowed to self-conduct final inspections. The certifying authority may randomly check the conformity of products released from the factory. If violations are detected, the certifying authority will apply supervised inspection measures, and the Product type certificate for the violating product type may be suspended or revoked in accordance with regulations;

b) Supervised final inspection by the certifying authority:

The certifying authority conducts supervision of final inspection (hereinafter referred to as "supervision") according to the contents specified in Appendix XIII enclosed with this Circular if the manufacturing facility commits one of the following violations: products released from the factory do not meet national technical regulations or do not conform to the application for certification and the representative sample for the product type; technicians conducting quality inspections of vehicles before leaving the factory or using quality inspection equipment fail to follow the manufacturer’s guidelines; violations are related to the use of Factory quality inspection slip; unauthorized erasure, alteration, or re-stamping of vehicle identification numbers (VIN) or engine numbers occurs during production or assembly; or the manufacturing facility’s evaluation results after each supervision cycle indicate unstable product quality (product quality is considered stable if the ratio of non-compliant products requiring re-monitoring to the total monitored products does not exceed 5% for the entire supervision cycle and 10% for any given month within the supervision cycle).

The duration of a supervision cycle is six months (provided products are released from the factory) or based on the number of supervised products, whichever comes first (2,000 products for motorcycles and mopeds; 500 products for automobiles, trailers, and semi-trailers; 200 products for other vehicle types). After each supervision cycle, if product quality is stable and no violations of this Circular are identified, the facility may revert to the self-inspection method for final inspections.

4. The manufacturing facility is responsible for the origin, quality, and labeling of released products and for affixing energy labels to motor vehicles in compliance with laws on energy-saving and efficient usage before distribution to the market. Products may only be released from the factory and issued a Factory quality inspection slip after full compliance with the quality assurance requirements under Article 6 of this Circular, provided the Product type certificate remains valid, and parts used in manufacturing and assembly, which are subject to testing and certification as specified in Appendix II enclosed with this Circular, meet one of the following conditions:

a) The part certification remains valid;

b) A notice of exemption from part inspection under Decree No. 60/2023/ND-CP remains valid.

5. Chassis and engine numbers

a) The manufacturing facility must not use chassis or engines with numbers that have been tampered with, erased, altered, or restamped, except as specified in Point b of this Clause, for vehicle manufacturing and assembly;

b) If chassis or engine numbers stamped domestically are faulty due to operator error, equipment malfunction during stamping, or are faint or difficult to read (hereinafter referred to as "faulty numbers"), the manufacturing facility must preserve the original state of the faulty numbers and notify the certifying authority in writing. The certifying authority shall inspect the numbers, and if no violations are found, issue a written notice to the manufacturing facility permitting the restamping of the chassis or engine numbers. If violations are detected, the certifying authority shall issue a written notice prohibiting the use of the chassis or engines with faulty numbers for vehicle manufacturing and assembly.

6. The manufacturing facility may only issue a Factory quality inspection slip after the vehicle has passed the final quality inspection, meeting requirements and conforming to the certificate application and the representative sample of the certified product type.

7. The manufacturing facility shall prepare and issue one application for each vehicle released from the factory, which includes:

a) A Factory quality inspection slip (hereinafter referred to as the Factory Slip) in one of the forms specified in Appendix VII enclosed with this Circular, along with a rubbing of the chassis and engine numbers. The Factory slip must be signed and stamped by an authorized person (the head of the facility or a delegated representative) of the manufacturing facility. The method and form of receiving blank Factory slips are determined based on the risk management measures applied to the classification of manufacturing facilities, as specified in Article 14 and Appendix XI enclosed with this Circular;

b) Documents in Vietnamese accompanying the vehicle: user manual; warranty booklet or warranty card. These documents must provide information on the product's technical specifications, instructions for using the main and safety equipment, as well as specialized or distinctive equipment (if any), maintenance schedules and tasks, warranty periods and conditions, and the addresses of maintenance and warranty centers.

If the manufacturing facility provides user manuals in a combination of electronic and physical formats or other suitable methods, the following principles must be met: ensure consistent management of all released versions; ensure that users can access basic operational instructions, safety notices, and troubleshooting procedures for the vehicle under any circumstances, including instances where the vehicle’s electrical system, onboard display, or network connection fails, rendering the electronic manual inaccessible.

8. If a manufacturing facility violates Clause 1 or Clause 2 of Article 12, apart from suspension of the Product type certificate; the following measures are also applied: implementation of supervised final inspection as specified in Point b, Clause 3 of Article 11; change to the method of issuing blank Factory slips, as outlined in Appendix XI enclosed with this Circular; issuance of Factory slips only for non-violating product types after submitting satisfactory final inspection results to the certifying authority, until the suspension of the Product type certificate is lifted or the certifying authority reviews and approves reports on the rectification of defective products.

9. The manufacturing facility must report and transmit data on vehicles released from the factory to the certifying authority within 10 working days after receiving or using blank Factory quality inspection slips under Method 1 outlined in Appendix XI. This data includes: vehicle type information; chassis number; engine number; serial number of the Factory slip; vehicle release date; production year; date of the Factory slip issuance.

10. In case of a lost Factory slip, the manufacturing facility must notify the certifying authority. Replacement slips may only be issued 30 days after the date of notification.

Article 12. Suspension of Product type certificate

1. The certifying authority may suspend a Product type certificate and require the manufacturing facility to cease issuing Factory slips for the violating vehicle type for six months. A written notice or notification via the online public service system is sent under the following circumstances:

a) Having one of the following violations: failure to maintain product quality assurance; failure to conduct final inspections; products released do not meet national technical regulations or conform to the certificate application and representative sample; improper issuance of Factory slips;

b) Failure to conduct periodic evaluations for subsequent cycles as specified in Article 6;

c) Failure to recall defective vehicles as prescribed in this Circular or failure to implement the correction or recall of defective products for other product types in accordance with the laws on product quality and consumer protection;

d) Unauthorized alterations to chassis or engine numbers without notifying the certifying authority;

dd) There is a discrepancy between the certified energy consumption information of the motor vehicle type and the energy consumption information displayed on the energy label of the motor vehicle type; or the tested energy consumption value of the certified motor vehicle type fails to meet the requirements stipulated in the national technical regulations.

2. Suspension of validity of all Product type certificates:

The certifying authority suspends the validity of all type certificates issued to the manufacturer, requiring the cessation of product release and issuance of Factory slips for all product types for a period of 6 months and notifies the manufacturer in writing or through the online public service system in any of the following cases:

a) The manufacturing facility has its Type approval certificates suspended for two or more product types during the period of addressing the defects of previously suspended products, or commits any of the violations specified in Points a, c, d, or dd, Clause 1 of this Article for two or more product types in a single instance of violation, or repeatedly commits the same violation three or more times within the same review year; quality inspection technicians fail to follow the manufacturer-issued guidelines for inspecting product quality upon release; quality inspection equipment fails to function or functions abnormally without ensuring accuracy; or production and assembly activities are conducted at an unregistered address.

b) The Certificate of eligibility for automobile manufacturing and assembly granted to the manufacturing facility under the provisions of Decree No. 116/2017/ND-CP is suspended or revoked in accordance with the regulations of Decree No. 116/2017/ND-CP ;

c) The manufacturing facility fails to conduct recalls of defective automobiles or address and recall other defective products as required and notified by the certifying authority on more than two occasions.

3. Revocation of Certificate suspension

During the period when the validity of the Product type certificate for the product is suspended as stipulated in Clause 1 or Clause 2 of this Article, the manufacturing facility, being temporarily suspended from receiving factory slip templates, is prohibited from releasing products or issuing Factory slips for vehicles to be marketed for the product type under suspension. The facility must rectify the violations within a maximum period of six months from the date the Product type certificate is suspended.

The certifying facility will conduct inspections after the manufacturing facility submits reports on the corrective measures taken and confirms that the violations have been rectified. If the violations have been resolved, the certifying facility will issue a written notification to the manufacturing facility regarding the cancellation of the suspension of the Product type certificate’s validity and the resumption of issuing factory slip templates and factory slips for the violating product type. If the manufacturing facility fails to rectify the violations within the prescribed time frame, the Product type certificate will be rendered invalid and revoked in accordance with Clause 4, Article 13 of this Circular.

Article 13. Suspension of Product type certificate

A Product type certificate shall be revoked under the following circumstances:

1. The manufacturing facility is dissolved or bankrupt as prescribed by law;

2. The facility falsifies documents in its certification application;

3. Certified product type changes lead to non-compliance with certified energy consumption or national technical regulations;

4. If the manufacturing facility fails to rectify the violations within six months from the date of certificate suspension as specified in Clauses 1 or 2 of Article 12 of this Circular, the type certificate will be revoked.

Article 14. Risk management

1. The certifying authority shall assess the risk level of manufacturing facilities, classify them, and apply suitable management measures. Risk criteria and management measures are detailed in Appendix XI enclosed with this Circular.

2. Any changes in classification shall be notified to the manufacturing facility for implementation.

Article 15. Ad hoc inspections of manufacturing facilities

The certifying authority shall establish an inspection team and conduct ad hoc inspections of manufacturing facilities to ensure compliance with the provisions of this Circular in the following cases:

a) Upon receiving complaints or reports regarding product quality in the market, or products released from the manufacturing facility fail to meet quality standards, do not comply with the registration application and the representative sample of the type that has been granted a Certificate for technical safety and environmental protection, or the use and issuance of Factory slips are not in accordance with the certified vehicle type.

b) A written notice from a relevant management authority regarding product quality, manufacturing, or assembly activities;

If the inspection results indicate that the manufacturing facility violates the regulations on maintaining product quality; produces products that fail to meet national technical regulations, or releases products that do not conform to the certification application and the representative sample of the certified product type; issues Factory slips that do not correspond to the certified product type; or violates other provisions of this Circular, the certifying authority shall handle the matter in accordance with Articles 12 or 13 of this Circular, adjust the method of issuing Factory slip templates, and apply appropriate risk management measures as stipulated in Article 14 and Appendix XI enclosed with this Circular.

Article 16. Energy consumption and labeling of motor vehicles

1. Manufacturing facilities must publicly disclose the energy consumption of motor vehicles, ensuring. 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 information on the energy consumption levels of vehicle types on the website of the manufacturing facility or the vehicle trading facility (if applicable). The disclosed information must be maintained throughout the period during which the manufacturing facility or trading facility supplies the vehicle type to the market.

2. Vehicles required to have energy labels before being marketed include:

a) Automobiles;

b) Motorcycles and mopeds.

3. Energy labeling is not required for vehicles specified in Clause 2 of this Article in the following cases:

a) Vehicles manufactured or assembled from base vehicles that have already been energy-labeled;

b) Vehicles manufactured or assembled for export.

4. The manufacturing facility shall register for energy labeling in accordance with the regulations on economical and efficient energy use for vehicle types subject to energy labeling based on certified energy consumption levels and affix energy labels to vehicles that have passed factory inspections before marketing them.

5. If certified product types undergo changes that fail to meet the criteria for similar products in terms of energy consumption or changes that affect the certified energy consumption levels beyond the permissible scope, or do not satisfy conditions for expanding the recognition of exhaust emission test results as stipulated in the applicable national technical standards, re-certification of the vehicle type concerning energy consumption is required.

Article 17. Redisclosure of energy consumption information

The manufacturing facility must re-disclose information on energy consumption based on the reissuance of the Certificate in cases where the certified vehicle type undergoes changes in energy consumption, as follows:

1. When the certified energy consumption of the vehicle type does not comply with the provisions of the corresponding national technical standards, or when the disclosed energy consumption differs from the certified energy consumption.

2. When the vehicle type using an internal combustion engine, which has been certified for energy consumption, undergoes changes that alter the energy consumption and fail to meet the conditions for expanding recognition of exhaust emission test results as stipulated in the national technical standards; or when the vehicle type powered solely by an electric motor, which has been certified for energy consumption, undergoes changes that result in energy consumption exceeding the permissible limits under the national technical standards compared to the certified energy consumption.

Article 18. Monitoring and enforcement of energy labeling compliance

1. Manufacturing facilities must submit annual energy labeling reports to the certifying authority, including:

a) Report title: Periodic report on energy labeling;

b) Contents required in the report: Number of energy-labeled vehicle types and average annual energy consumption per facility;

c) Entities responsible for reporting: manufacturing facilities;

d) Receiving authority: Certifying authority;

dd) Methods of report submission: Reports may be in paper or electronic form and submitted directly, via postal services, email, or other lawful methods;

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

g) Reporting frequency: Annual reports;

h) Data cutoff period: December 15 of the previous year to December 14 of the reporting year;

i) Reporting forms: Specified in Appendix XV of this Circular.

2. The certifying authority organizes inspections and supervision related to the implementation of energy labeling as follows:

a) Annual inspections: Develop and execute plans to inspect compliance with energy consumption disclosure and labeling by manufacturing and trading entities.

b) Ad hoc inspections: Conducted upon receiving complaints or reports of violations regarding energy labeling practices.

If violations of certified energy consumption levels are identified, the certifying authority may require retesting of energy consumption. Test results may lead to suspension (Article 12) or revocation (Article 13) of Motor vehicle type certificates.

If energy labeling violations are detected, the certifying authority shall notify the Ministry of Industry and Trade, specifying the violations for appropriate legal action.

Chapter III

REGULATIONS ON THE RECALL OF DEFECTIVE PRODUCTS AND GOODS

Article 19. Products and goods subject to recall

1. Automobiles under the scope of Decree No. 116/2017/ND-CP on manufacturing and assembly (hereinafter referred to as "products") with defects shall be recalled as stipulated in this Chapter.

2. Circumstances requiring recall:

a) Products recalled based on announcements by the manufacturing facility;

b) Products recalled as required by the certifying authority.

Article 20. Product recall

1. Recall initiated and implemented by the manufacturing facility

If a manufacturing facility identifies defects in products supplied to the market that require recall, the facility must:

a) Suspend the release of defective product types from the factory;

b) Notify dealerships in writing to cease supplying defective products to the market within five working days from the date the defect is discovered;

c) Within no more than 10 working days from the date of identifying defective products subject to recall, the manufacturing facility must report to the certifying authority on the cause of the defect, corrective measures, the number of products to be recalled, and the recall plan;

d) Announce the recall plan through mass media in accordance with legal regulations;

dd) Submit annual reports to the certifying authority on recall progress, as specified in Clause 4 of this Article;

e) Submit a final recall report in writing to the certifying authority within 30 days after the recall concludes.

2. Recall mandated by the certifying authorit

Upon detecting that products from the manufacturing facility supplied to the market have defects subject to recall, the certifying authority shall, based on applicable regulations, standards, technical regulations, relevant information, and investigation results, consider and decide to undertake the following actions:

a) Require the manufacturing facility to suspend the release of defective product types and submit relevant product information to the certifying authority;

b) Based on the severity and urgency of the defective product, the certifying authority may require the manufacturing facility to immediately recall the product. In cases where the defect is caused by multiple complex factors and timely decisions are needed, the certifying authority shall consult experts to assess the severity of the defect in the defective product.

3. The certifying authority shall receive the recall plan, notify the manufacturing facility, and specify any additional requirements for the recall plan (if applicable).

4. The manufacturing facility shall submit periodic reports on the results of product recalls as follows:

a) Report title: Periodic report on the results of product recalls;

b) Contents required in the report: the number of products recalled and successfully rectified according to the announced plan and corrective measures; the number of products yet to be recalled or rectified according to the announced plan and corrective measures;

c) Entities responsible for reporting: manufacturing facilities;

d) Receiving authority: Certifying authority;

dd) Methods of report submission: Reports may be in paper or electronic form and submitted directly, via postal services, email, or other lawful methods;

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

g) Reporting frequency: Annual reports;

h) Data cutoff period: December 15 of the previous year to December 14 of the reporting year;

i) Reporting forms: as specified in Appendix XIV enclosed with this Circular.

Chapter IV

RESPONSIBILITIES OF RELATED AUTHORITIES AND ORGANIZATIONS

Article 21. Responsibilities of manufacturing facilities

1. Be legally responsible for the accuracy and legitimacy of declared information and submitted documents in applications for certification; ensure consistency in declared information and alignment between submitted documents for inspection, testing, and certification applications; and comply with regulations and decisions of competent authorities regarding inspections.

2. Ensure the origin and provenance of products and parts used for vehicle production and assembly; maintain records related to products and parts for traceability and recalls.

3. Deliver representative samples to the agreed locations for inspection and testing.

4. Maintain a quality management system to ensure that the quality of products has been inspected and assessed; manufacture, assemble, and inspect factory-released products to ensure product quality meets national technical regulations, conforms to the representative sample tested, and aligns with the certification application of the product type; ensure compliance with the certified energy consumption levels; and affix energy labels and product labels in accordance with regulations before releasing the products to the market.

5. Attach the frame and engine number rubbings to the back of the Factory slip and affix seal across the margins of the pages of the slip for full-process online vehicle registration per the regulations of the Minister of Public Security.

6. Retain copies of the Factory slip Origin (including rubbings of frame and engine numbers) Retain quality control results for a minimum of three years from the date of product release. When disposing of these documents, the manufacturing facility must ensure data traceability for product recalls or upon request from competent authorities.

7. Manage and use the Factory slip template in compliance with regulations; ensure accurate printing of information on Factory slip that matches certified vehicle types and submit data on released vehicles to the certifying authority.

8. Recall automobiles subject to Decree No. 116/2017/ND-CP that have defects as prescribed in this Circular; proactively address defects or recall other defective products in accordance with the laws on product quality and consumer protection.

9. Retain product quality certification applications and documents related to quality assurance, energy consumption certification applications for at least five years after ceasing production of the certified product type.

10. In the event of electronic transaction failures on the online public service system, notify the certifying authority for resolution coordination.

Article 22. Responsibilities of the certifying authority

1. Certify technical safety, environmental protection, and energy consumption of motor vehicles and parts in accordance with regulations.

2. Manage the issuance and utilization of Certificates and Factory slip templates.

3. Recognize, designate, and publish a list of testing facilities for motor vehicle parts and vehicles to support technical safety, environmental protection, and energy consumption certification.

5. Notify the police authority upon receiving a report of lost Factory slips from the manufacturing facility; notify the customs authority at the import location when there is evidence that manufactured or assembled vehicles use components with chassis numbers or engine numbers stamped abroad that have been erased, altered, or re-stamped.

6. Conduct regular or ad-hoc inspections to ensure product quality; verify the conformity of factory products at the manufacturing facility; and perform regular monitoring of energy labeling compliance.

7. Notify the competent authority for handling violations in accordance with regulations when detecting that manufacturing or trading facilities violate energy labeling requirements during inspections or monitoring.

8. In case of a system failure preventing administrative procedures on the online public service platform, the certifying authority must announce the incident on its official electronic information portal no later than four hours from the occurrence of the failure during business hours or four hours from the start of the next working day if the failure occurs during official holidays.

9. Maintain records of applications for product type certification.

10. Consolidate the results of certification activities and energy labeling inspections for vehicles and report to the competent authority upon request.

Chapter V

ENTRY IN FORCE AND IMPLEMENTATION

Article 23. Entry into force

1. This Circular comes into force as of 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. 30/2011/TT-BGTVT dated April 15, 2011, of the Minister of Transport on quality inspection of technical safety and environmental protection in the production and assembly of motor vehicles;

b) Circular No. 45/2012/TT-BGTVT dated October 23, 2012, on quality inspection of technical safety and environmental protection in the production and assembly of motorcycles and mopeds;

c) Circular No. 41/2013/TT-BGTVT dated November 5, 2013, on quality inspection of technical safety for electric bicycles;

d) Circular No. 16/2014/TT-BGTVT dated May 13, 2014, on conditions for four-wheel goods vehicles with motors and their drivers participating in road traffic;

dd) Circular No. 54/2014/TT-BGTVT dated October 20, 2014, of the Minister of Transport, on amendments to Circular No. 30/2011/TT-BGTVT dated April 15, 2011, of the Minister of Transport on regulations for quality, technical safety, and environmental protection inspections during the manufacturing and assembly of motor vehicles;

e) Circular No. 86/2014/TT-BGTVT dated December 31, 2014, of the Minister of Transport, stipulating conditions for four-wheeled motorized vehicles and their drivers participating in traffic within restricted areas;

g) Circular No. 89/2015/TT-BGTVT dated December 31, 2015, of the Minister of Transport, regulating the quality, technical safety, and environmental protection inspections of specialized vehicles;

h) Circular No. 40/2017/TT-BGTVT dated November 9, 2017, of the Minister of Transport, guiding energy labeling for passenger cars with a capacity of over 7 to 9 seats;

i) Articles 1, 3, 4, 5, 6, 7, and 8 of Circular No. 42/2018/TT-BGTVT dated July 30, 2018, of the Minister of Transport, on amendments to circulars in the field of vehicle registration;

k) Circular No. 59/2018/TT-BGTVT dated December 17, 2018, of the Minister of Transport, guiding energy labeling for motorcycles and mopeds manufactured, assembled, and imported (hereinafter referred to as Circular No. 59/2018/TT-BGTVT);

l) Circular No. 25/2019/TT-BGTVT dated July 5, 2019, of the Minister of Transport, regulating quality, technical safety, and environmental protection inspections during the manufacturing and assembly of automobiles;

m) Circular No. 46/2019/TT-BGTVT dated November 12, 2019, of the Minister of Transport, on amendments to Circular No. 25/2019/TT-BGTVT dated July 5, 2019, of the Minister of Transport on quality, technical safety, and environmental protection inspections during the manufacturing and assembly of automobiles;

n) Articles 1 and 5 of Circular No. 26/2020/TT-BGTVT dated October 16, 2020, on amendments to circulars regulating periodic reporting in the field of vehicle registration;

o) Circular No. 23/2020/TT-BGTVT dated October 1, 2020, of the Minister of Transport, on amendments to Circular No. 89/2015/TT-BGTVT dated December 31, 2015, of the Minister of Transport regulating quality, technical safety, and environmental protection inspections for specialized vehicles and Circular No. 42/2018/TT-BGTVT dated July 30, 2018, of the Minister of Transport, on amendments to circulars in the field of vehicle registration;

p) Articles 1, 4, 5, 6, and 8 of Circular No. 16/2022/TT-BGTVT dated June 30, 2022, of the Minister of Transport, on amendments to circulars in the field of vehicle registration;

q) Circular No. 48/2022/TT-BGTVT dated December 30, 2022, of the Minister of Transport, guiding energy labeling for passenger cars, motorcycles, and mopeds using electricity and hybrid electricity (hereinafter referred to as Circular No. 48/2022/TT-BGTVT);

r) Circular No. 49/2023/TT-BGTVT dated December 31, 2023, on amendments to circulars on quality, technical safety, and environmental protection inspections for motor vehicles, specialized vehicles, four-wheeled motorized passenger vehicles, four-wheeled motorized cargo vehicles, and electric bicycles manufactured, assembled, and imported.

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

Article 24. Transitional provisions

1. Applications submitted before the effective date of this Circular, including applications for registration of fuel consumption testing and certification procedures, vehicle design dossiers, and product certification applications (product testing dossiers) for the issuance of the Certificate of quality, technical safety, and environmental protection, shall continue to be processed in accordance with the legal provisions in effect at the time of submission.

2. Certificate of quality, technical safety, and environmental protection for product type models issued before the effective date of this Circular or certificates issued for product types as specified in Clause 1 of this Article may continue to be used for manufacturing and assembly until:

a) The expiration of the validity period indicated on the Product type certificate for automobiles falling under the scope of Decree No. 116/2017/ND-CP and components used for automobiles;

b) The end of the next periodic evaluation date of the issued Product type certificate for: automobiles not under the scope of Decree No. 116/2017/ND-CP ; trailers; semi-trailers; motorcycles; mopeds; four-wheeled motorized cargo vehicles; four-wheeled motorized passenger vehicles; specialized vehicles; components used for motorcycles and mopeds; components used for four-wheeled motorized cargo vehicles.

3. Fuel consumption certificates for automobile types with up to 8 seats excluding the driver's seat (still valid) issued under the provisions of Inter-Circular No. 43/2014/TTLT-BGTVT-BCT dated September 24, 2014, of the Minister of Transport and the Minister of Industry and Trade on energy labeling for passenger cars with up to 7 seats, or Circular No. 40/2017/TT-BGTVT dated November 9, 2017, of the Minister of Transport guiding energy labeling for passenger cars with over 7 seats and up to 9 seats, issued before the effective date of this Circular, shall remain valid until the expiration of the Motor vehicle type certificate.

4. The energy consumption of vehicle types disclosed under the provisions of Circular No. 59/2018/TT-BGTVT or Circular No. 48/2022/TT-BGTVT prior to the effective date of this Circular shall remain valid until:

a) The expiration of the validity period of the Vehicle type certificate for passenger cars with up to 8 seats excluding the driver's seat;

b) The end of the annual evaluation period of the Vehicle type certificate for motorcycles and mopeds that has been issued.

5. Factory slips issued for motor vehicles before the effective date of this Circular and Factory slips issued for vehicles under the provisions of Clause 1, Article 24 of this Circular shall remain valid for vehicle registration in accordance with regulations of the Minister of Public Security or for certification procedures to manufacture and assemble other vehicle types. Factory slip templates issued prior to the effective date of this Circular may continue to be used until June 30, 2025. The implementation of the Factory quality inspection slip templates as prescribed in Appendix VII enclosed with this Circular shall take effect starting from July 1, 2025./.

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