Thông tư 29/2011/TT-BGTVT

CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE REGULATION ON INSPECTION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION OF IMPORTED MOTORCYCLES AND MOPEDS AND IMPORTED ENGINES USED FOR MOTORCYCLE AND MOPED MANUFACTURE OR ASSEMBLY, PROMULGATED TOGETHER WITH THE MINISTER OF TRANSPORT'S DECISION NO. 57/2007/QD-BGT VT OF NOVEMBER 21, 2007, AND THE REGULATION ON INSPECTION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION IN MOTORCYCLE AND MOPED MANUFACTURE AND ASSEMBLY, PROMULGATED TOGETHER WITH THE MINISTER OF TRANSPORT'S DECISION NO. 58/2007/QD-BGTVT OF NOVEMBER 21, 2007

Pursuant to the November 13, 2008 Road Traffic Law:

Pursuant to the November 21, 2007 Product and Goods Quality Law;

Pursuant to the Government's Decree No. 51/ 2008/ND-CP of April 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

The Minister of Transport stipulates as follows:

Article 1. To amend and supplement a number of articles of the Regulation on inspection of quality, technical safety and environmental protection of imported motorcycles and mopeds and imported engines used for motorcycle and moped manufacture or assembly, promulgated together with the Minister, of Transport's Decision No. 57/2007/QD-BGTVT of November 21, 2007

1. To-amend Clause 1 of Article 3 as follows:

"1. For motorcycles:

a/ A paper of registration for quality inspection of imported motorcycles (below referred to as inspection registration paper), made according to a form provided in Appendix IV to this Regulation;

b/ A copy of the import declaration containing the importer's certification; a copy of the commercial invoice or equivalent paper related to" the goods value containing the importer's certification;

c/ The manufacturer's documents introducing technical properties of imported motorcycles, showing major specifications on dimensions, weight, permissible number of passengers, maximum speed, transmission type, tire code and major technical specifications of the engine: maximum momentum, maximum capacity corresponding to the engine's revolving speed, cylinder diameter, stroke of piston, cylinder capacity, type of fuel and type of clutch; and documents on exhaust emissions according to current regulations;

d/ The declaration on the motorcycle's technical specifications and properties (in case the document introducing technical properties contains insufficient technical specifications as required at Point c of this Clause), made according to a form provided in Appendix V to this Regulation."

2. To amend Clause 2 of Article 3 as follows:

"2. For engines:

a/ A paper of registration for quality inspection of imported engines (below referred to as inspection registration paper), made according to a form provided in Appendix IV to this Regulation;

b/ A copy of the import declaration containing the importer's certification; a copy of the commercial invoice or equivalent paper related to the goods value containing the importer's certification;

c/ The manufacturer's documents introducing technical properties of imported engines, showing major specifications on maximum momentum, maximum capacity corresponding to the engine's revolving speed, cylinder diameter, stroke of piston, cylinder capacity, type of fuel, type of clutch and gear box transmission ratio;

d/ The declaration on the engine's technical specifications and properties (in case the document introducing technical properties contains insufficient technical specifications as required at Point c of this Clause), made according to a form provided in Appendix VI to this Regulation."

3. To amend Article 6 as follows:

"Article 6. Order and mode of implementation

1. The importer makes a dossier of inspection as required and submit it directly to the quality inspection agency;

2. The quality inspection agency receives and checks the dossier and compares it with current regulations on imported motorcycles and engines. If the dossier is incomplete according to regulations, it shall guide the importer to supplement the dossier; if the dossier is complete according to regulations, within 1 working day, the quality inspection agency shall give certification in the inspection registration paper and reach agreement with the importer on the time and venue of inspection;

3. The quality inspection agency conducts inspection. Within 5 (five) working days after the completion of inspection and the importer submits a complete dossier according to regulations, if the motorcycles or engines satisfy quality requirements, the quality inspection agency shall grant a certificate of quality, technical safety and environmental protection, made according to a relevant form provided in Appendix IIa or IIb to this Regulation;

4. For motorcycles and engines not conformable with current standards and technical regulations, the quality inspection agency shall notify such to the importer for remedy. The remedy of the whole goods lot must be completed within 30 days after the date of receiving the notice. Past this time limit, if the goods lot has not yet been remedied, the quality inspection agency shall issue a notice of the non-conformity of imported motorcycles or engines with import quality standards, made according to a relevant form provided in Appendix IIIa or IIIb to this Regulation."

4. To add the following appendices:

a/ Appendix IV: Form of the paper of registration for quality inspection of imported motorcycles/engines;

b/ Appendix V: Form of the declaration on technical specifications and properties of motorcycles;

c/ Appendix VI: Form of the declaration on technical specifications and properties of engines.

Article 2. To amend and supplement a number of articles of the Regulation on inspection of quality, technical safety and environmental protection in motorcycle and moped manufacture and assembly, promulgated together with the Minister of Transport's Decision No. 58/2007/QD-BGTVT of November 21, 2007

1. To amend Point d, Clause 1 of Article 4 as follows:

"d/ A list of main components used for engine assembly (in case the product is an engine), made according to a form provided in Appendix V to this Regulation;"

2. To amend Point a, Clause 2 of Article 4 as follows:

"a/ A paper of registration of technical specifications, enclosed with a design photo and a general drawing of the product and a sample of the registered goods label, made according to a form provided in Appendix VI to this Regulation;"

3. To amend Points d and e, Clause 2 of Article 4 as follows:

"d/ Report explaining the method of embossing chassis and engine numbers and their positions, made according to a form provided in Appendix VII to this Regulation;

e/ A list of main components used for vehicle assembly, made according to a form provided in Appendix VIII to this Regulation;"

4. To amend Point b, Clause 2 of Article 5 as follows:

b/ Annual assessment shall be conducted on an annual basis;"

5. To add the following Article 5a below Clause 4 of Article 5:

"Article 5a. Order and mode of implementation

1. The manufacturer makes an inspection registration dossier as required and submits it directly or by post to the quality inspection agency;

2. The quality inspection agency receives and checks the dossier; if the dossier is incomplete according to regulations, it shall guide the manufacture to complete it; if the dossier is complete according to regulations, it shall issue a slip of appointment for receiving the result of dossier inspection and reach agreement with the manufacturer on the time and venue of physical inspection;

3. The quality inspection agency conducts physical inspection at the manufacturer's establishment; if the quality inspection conditions are insufficient, it shall issue a reply stating the reason to the manufacturer; if the qualify inspection conditions are satisfactory, it shall grant a certificate of quality, technical safety and environmental protection according to regulations."

6. To change the title of Article 8 into the following:

"Article 8. Annual assessment and revocation of certificates of type quality"

7. To amend Clause 1 of Article 8 as follows:

"1. Annually, the quality inspection agency shall re-assess quality inspection conditions specified at Point b, Clause 2, Article 5 of this Regulation.

For chassis, engines and vehicles, the quality inspection agency shall take random samples of products of the same type at the manufacturers' establishments, and test those samples at testing units against relevant standards and technical regulations."

8. To cancel Clause 2 of Article 8

9. To amend Clause 4 of Article 8 as follows:

"4. Quality certificates will be invalidated and revoked in the following cases:

a/ Products no longer satisfy current regulations, standards or technical regulations or are changed compared to their registration dossiers or granted certificates;

b/ Results of assessment of product quality inspection conditions show that the manufacturer seriously violates relevant regulations on product quality inspection and issuance of ex-workshop cards;

c/ The manufacturer fails to recall according to regulations faulty products in the process of design or manufacture which are likely to harm users and adversely affect the environment."

10. To modify and add the following appendices:

a/ To modify Appendix IIa: Form of the certificate of type quality for products being motorcycles and mopeds;

b/ To modify Appendix IIb: Form of the certificate of type quality for products being motorcycle and moped components;

c/ To add Appendix V: Form of the list of main components used for engine assembly;

d/ To add Appendix VI: Form of the paper of registration of technical specifications;

e/ To add Appendix VII: Form of the explanation report on the method of embossing frame and engine numbers and their positions;

f/ To add Appendix VIII: Form of the list of main components used for vehicle assembly.

Article 3. Effect and implementation responsibility

1. This Circular takes effect 45 days after the date of its signing.

2. Quality certificates granted before the effective date of this Circular may be used until the end of the validity duration stated therein.

3. The Office Chief, the Chief Inspector, directors of departments, the general director of the Vietnam Road Administration, directors of administrations of the Ministry, directors of provincial-level Transport Departments, heads of related agencies and organizations and related individuals shall implement this Circular.-