Chương I: Quy định chung

Chapter I

GENERAL PROVISION

Article 1. Scope of regulation

1. This Circular provides for energy labelling for the types of automobile from 07 seats or less (hereafter referred to as automobile) manufactured and assembled from discrete components, new or imported and unused;

2. This Circular applies to:

a) Automobiles manufactured, assembled, imported and used directly for the purpose of national defense and security of the Ministry of Defense and the Ministry of Public Security;

b) Automobiles of temporary import and re-export, in transit, border gate transfer, diplomatic or consular Automobiles

c) Automobiles with new structure and technology the domestic testing of which has not been performed yet.

d) Single imported automobiles not for business purpose;

dd) Automobile imported under specific regulation of the Prime Minister;

e) Automobiles not operated with gasoline fuel, diesel, liquefied petroleum gas (LPG), natural gas (NG).

Article 2. Subjects of application

This Circular applies to organizations and individuals involved in the manufacturing, assembly, import, trading, checking and testing of fuel consumption and certification of energy labelling of automobile.

Article 3. Interpretation of terms

In this Circulars, the terms below are construed as follows:

1. Energy labelling of automobile (hereafter referred to as energy label) means the label which provides information on the type of fuel used, fuel consumption of the automobile which was inspected, certified or registered for self-announcement to help consumers identify and choose the fuel-saving Automobile.

2. Energy consumption rate of Automobile (fuel consumption) is the consumed volume of fuel of a Automobile on a stretch of way corresponding to the conditions, cycle of testing and determination. The measurement unit of fuel consumption is the liter (l)/100 kilometer (km) (for fuel as gasoline, LPG and diesel) or cubic meter (m³_­)/100 kilometers (km) (for the fuel as NG).

3. Certification of energy labelling of Automobile is the certification of energy consumption rate as a basis for energy labelling.

4. Automobile is defined in Section 3.1.1 Vietnam Standards – Means of road transportation – Automobile – Classification by purpose of use - TCVN 7271: 2003.

5. Types of automobile is defined in the following documents:

a) Section 1.3.6 National Technical Regulation on emission of automobile manufactured, assembled and newly imported - QCVN 05:2009/BGTVT issued by the Ministry of Transport (hereafter referred to as QCVN 05:2009/BGTVT);

b) Section 3.2 Vietnam Standards TCVN 7792:2007 - Means of road transportation - CO­­₂ emission and fuel consumption of automobiles fitted with internal combustion engines – Requirements and methods of testing in the type approval announced by the Science and Technology (hereafter referred to as TCVN 7792:2007);

c) Section 3.2 Vietnam Standards TCVN 9854:2013 - Means of road transportation – Automobile – Limit of fuel consumption and method of determination announced by the Science and Technology (hereafter referred to as TCVN 9854:2013).

6. Quality control agency (hereafter referred to as QCA) is the Vietnam Register directly under the Ministry of Transport.

7. Manufacturing and assembly establishment means enterprise manufacturing and assembling (hereafter referred to as MA) automobiles from discrete components and completely new and operating under the provisions of law.

8. Importing establishment is an organization importing automobiles (hereafter referred to as IMP)

9. Automobile trading establishment means organization or individual selling and distributing to market.

10. Testing establishment of fuel consumption rate (hereafter referred to as testing establishment) is a specialized testing establishment which is licensed by the local or foreign competent authorities for testing activities and has appropriate area of activities and is considered and appointed by the Vietnam Register directly under the Ministry of Transport or the General Department of Energy – Ministry of Industry and Trade under the provisions in Article 6 of this Circular.

Article 4. General provisions on energy labelling

1. The types of automobile subject to the scope of adjustment of this Circular must be affixed with energy label before being introduced into market.

2. Certificate of fuel consumption rate issued to types of automobile is the basis for energy labelling for the same types of automobile.

3. The testing of fuel consumption rate is done indepedently or in combination with the testing of emission.

4. The types of automobile whose fuel consumption rate must be tested. The report on result of testing of fuel consumption rate (hereafter referred to as testing report) issued by the testing establishment must meet the following requirements:

a) Compliance with type of automobile to be registered.

b) Method and cycle of testing are in accordance with the provisions of this Circular;

c) The contents of testing report of the local testing establishment are done in accordance with the provisions in Annex II issued with this Circular.

The testing report issued by the foreign testing establishment must have information specified at Points from 1.1 to 1.5 Section 1 and the Points specified in Section 2 of Annex II issued with this Circular.

5. The certificate of energy labelling can be done independently or concurrently with the certificate of technical safety and environmental protection (hereafter referred to as TS&EP) specified in Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport stipulating the quality examination of TS&EP in MA of motor automobiles (hereafter referred to as Circular No. 30/2011/TT-BGTVT) and Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the Ministry of Transport stipulating the quality examination of TS&EP of imported motor automobiles (hereafter referred to as Circular No. 31/2011/TT-BGTVT).

6. Encouraging the manufacturing and assembling establishments and the importing establishments to register the examination and certification or register for self-announcement of fuel consumption rate and energy labelling for types of automobiles not subject to the scope of adjustment specified in Clause 1, Article 1 of this Circular.

Article 5. Procedures for registration and self-announcement of fuel consumption and energy labelling

1. The manufacturing and assembling establishments and the importing establishments shall register for self-announcement of fuel consumption and energy labelling in the following cases:

a) Types of manufactured and assembled automobile that were issued with certificate of quality of TS&EP under Circular No. 30/2011/TT-BGTVT before January 01, 2015.

b) Types of imported automobile issued with certificate of quality of TS&EP under Circular No. 30/2011/TT-BGTVT before January 01, 2015.

c) Imported automobiles have been tested at the foreign testing establishment; the testing report should show the testing method and cycle different from the provisions in Article 7 of this Circular.

2. Procedures for registration for self-announcement of fuel consumption rate and energy labelling:

a) The manufacturing and assembling establishments and the importing establishments shall prepare a set of dossier directly submitted or sent by post to the QCA including the following documents:

- Registration of fuel consumption rate of type of automobile under the form specified in Annex I issued with this Circular.

- Documents proving the fuel consumption rate registered for self-announcement.

b) Within 07 working days, from the date of receipt of dossier, the QCA shall consider and announce on its website the dossiers eligible or not eligible for energy labeling.