Thông tư 43/2011/TT-BGTVT

CIRCULAR

STIPULATING ON WARRANTY, MAINTENANCE OF AUTOMOBILES OF AUTOMOBILE IMPORTERS

Pursuant to the Law on Protection of consumers’s profits dated November 17, 2010;

Pursuant to the Law on Road Transport dated November 13, 2008;

Pursuant to the Law on Quality of Product and Goods dated December 05, 2007;

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

The Minister of Transport stipulates on warranty, maintenance of automobiles of automobile importers as follows:

Article 1. Scope of governing

1. This Circular stipulates on warranty, maintenance for newly imported automobiles which have been already used (hereinafter referred to as automobiles) for trading in Vietnam.

2. This Circular is not applied as importing the following automobiles:

a) Automobiles which are temporarily imported for re-export, assistance, to be as property and means of serving the needs of diplomatic organizations and individuals under law regulations. Automobiles of the organizations and individuals importing for the purpose of personal use, not carrying on business;

b) Automobiles which are imported for the using purposes of national defense and security of the Ministry of Defense, Ministry of Public Security;

c) Automobiles which are imported for special purposes.

Article 2. Subjects of application

This Circular applies to all importers, traders who entrust the import of automobiles for trading in Vietnam (hereinafter referred to as importers) and the relevant management agencies.

Article 3. Provisions on warranty, maintenance of automobiles of importing traders

1. The importers must publicize documents on the regime of warranty and maintenance of automobiles to the purchasers, in which state clearly the regime of warranty and maintenance of of automobiles, addresses of the warranty facilities and make sure to provide the service of warranty and maintenance for each type of automobile sold to the market;

2. Location for the warranty, maintenance of automobiles at least must be located in the provinces, cities where the importers trade automobiles;

3. Importers may rent the facilities of maintenance and repair of automobiles which meet the prescribed requirements to perform the service of warranty and maintenance of imported automobiles;

4. The contents of the warranty, maintenance, and maintenance period of automobiles are implemented in accordance with the provisions of the manufacturers of automobiles.

Article 4. Minimum technical standards of the facilities of warranty, maintenance of automobiles of the importers

The facilities of warranty, maintenance of automobiles of importers must meet minimum technical standards specified in Annex I to this Circular;

Article 5. The inspection of the granting of certificates of warranty, maintenance facilities of automobiles of the importers

1. The examination, evaluation of the conformity with standards is implemented at the facilities of warranty and maintenance of the importers;

2. Bases to examine and evaluate as the minimum technical standards of the facilities of warranty, maintenance of automobiles of importers are specified in Annex I of this Circular;

3. Where the facilities of warranty, maintenance of automobiles are authorized or have certificates of satisfaction of standards of facilities of warranty, maintenance of automobile manufacturers will be considered exempting from evaluation of the conformity at the facilities of the warranty, maintenance of the importers.

Article 6. Procedures for granting Certificates of warranty, maintenance facilities of automobiles of the importers

1. Dossier of registration of granting certificate of conformity with standards of the warranty, and maintenance facilities of automobiles of the importers (hereinafter referred to as the certificate).

To be granted certificate, the importers compile (or the warranty, maintenance facilities) 01 registration dossier (referred to as records) including:

a) Written Registration of granting certificate of facilities of warranty, maintenance of automobiles as stipulated in Annex II attached to this Circular;

b) A photocopy of the certificate of business registration for the businessline of maintenance and repair of automobiles (for the case of the importers hire the facilities of maintenance and repairs to make the warranty of automobiles);

c) A written authorization of automobile manufacturers on the warranty, maintenance of automobiles or a certificate of satisfaction of standards of warranty and maintenance facilities of automobile manufacturers (if any).

2. The order of certification of conformity with the standards of warranty and maintenance facilities of automobiles

a) The importers (or the warranty, maintenance facilities) compile documents as prescribed in clause 1, Article 6 of this Circular and submit directly or through the postal system to the Vietnam Register;

b) Vietnam Register receives and inspects, if the dossier is complete in accordance with provisions, the implementation time shall be agreed; to conduct the examination and valuation of conformity at the warranty, maintenance facility, and grant certificate.

Where the valuation results are unsatisfactory, the notice to importers is made for them to (or the warranty, maintenance facilities) modify;

c) Importers (or warranty, maintenance facilities) receives Certificates directly at the Vietnam Register or through the postal system (if required).

3. Time limit for settlement

Certificate is issued within 05 working days from the date of submission of complete dossiers as prescribed and with satisfactory valuation results of conformity with standards at the warranty, maintenance facility of automobile.

4. The Certificate is valid within a period of 03 years from the signing date and issued upon the form prescribed in Annex III of this Circular. When the certificate expires, it will be considered for regranting under the provisions of clauses 1, 2 and 3 of this Article.

Article 7. Withdrawal of certificates

The certificates will expire and be withdrawn in the following cases:

a) Importers who commit serious violations of the provisions relating to warranty and maintenance of automobiles;

b) Importers fail to make any warranty, maintenance of automobiles at the facilities which have been valuated and certified.

Article 8. Fees and charges

The management agency is permitted to collect the revenues under the current regulations.

Article 9. Effect

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

2. Roadmap of application:

a) For importers of automobiles from nine seats or less: from the effective date of this Circular;

b) For importers of other automobiles: from 01/07/2012

Article 10. Organization of implementation

1. Vietnam Register is responsible for receiving dossiers, evaluating, and granting certificates to the importers on a national scale;

2. Chief of the Ministry Office, Chief of the Ministry Inspector, Directors of the Departments, Director of Vietnam Register, and the heads of concerned agencies, organizations, and individuals are responsible for the implementation of this Circular./.

ANNEX I

MINIMUM TECHNICAL STANDARDS OF THE WARRANTY, MAINTENANCE FACILITIES OF AUTOMOBILES
(Issuing together with the Circular 43/2011/TT-BGTVT, dated June 09, 2011 of Minister of Transport)

1. General technical provisions

The warranty, maintenance facilities of automobiles of importers must meet the minimum requirements of premises, equipment, and personnel specified below. Where the importers hire the maintenance and repair facilities of automobiles to make the warranty of automobiles, the repair, maintenance facilities signing the service contracts to conduct the warranty must have the certificate of business registration for the businessline of maintenance and repair of automobiles.

2. Provisions on the premises

2.1. Premises of the warranty, maintenance facilities of automobiles, including: premises of the area layout and factory.

2.1.1. Premise of the area layout includes: the construction works (factory, warehouse, office ...), internal roads, parking areas, place for planting trees, entrances, defense barriers, ... must be supplied adequate power, water, having sewer systems, the way out to facilitate the means to ensure traffic safety.

2.1.2. Factory premises include the areas for direct warranty, maintenance of automobiles, they must be fully arranged for the works of concerned warranty, and maintenance and have with a minimum area of 300 m2.

The technical service factory must be built firmly with abat-vent, doors conveniently in conformity with the types of automobiles of warranty, maintenance.

3. The minimum works must be done at the warranty, maintenance facilities of automobiles of importers including:

- Inspection and maintenance of clusters of automobile components: engine, steering system, transmission, motion, electricity, air conditioner . . .;

- Paint and car wash;

4. Regulations on equipment

4.1. The measurement unit must be corrected testing; the transmission equipment must have safety shield parts.

4.2. The minimum equipment is stipulated as follows:

4.2.1. For battery maintenance:

- Equipment of battery testing;

- Equipment measuring the concentration of the solution;

- The battery charger;

4.2.2. For maintenance of automobiles:

- The working tools for vehicles;

- Jack or trestle;

- The tools used to remove, install;

- The equipment of testing electrical systems;

- The equipment of testing fuel systems;

- Equipment of testing the maintenance of air system;

- Equipment of testing diagnostic and synthetic valuation of technical condition of vehicles (diagnostic of status of the engine, measurement of the toe-in, checking of brakes, lights, ...);

- Water injection pumps, compressors, tire pumps and paint spraying

5. Regulations on human

5.1. The administrators of the warranty, maintenance facilities must attain at least a diploma of vocational secondary auto mechanic or equivalent, have at least 5 years experience, or must be a car mechanic grade 5/7 or up.

5.2. Repairers working at the warranty, maintenance facilities must be trained and have respective vocational training certificate.

5.3. The equipment users must be trained to use equipment.

5.4. It must have at least 01 automobile mechanic from grade 5/7 and above or equivalent.

5.5. The inspection, assembly, adjustment must be done by the auto mechanic with a minimum level of from 3/7 and above or equivalent.

5.6. Workers who are on duty of testing vehicles must have consistent driving license.

6. Environmental regulations

- Having system of collection and storage of waste, not causing environmental impact;

- Taking measures to reduce dust emissions; eliminate noise, light and heat affecting the neighborhood;

- Complying with the current regulations on prevention of fire, explosion, hygiene, occupational safety and not interfering with public transport.

7. Regulations on quality of the warranty, maintenance means

7.1. Checking before out of the factory

After checking the warranty and maintenance of components, the systems of the means must ensure normal working, the correct function of the original design of the manufacturer. The warranty, maintenance, and repair facilities of vehicles are responsible for trial run of vehicles and ensuring the above requirements for customers

7.2. Quality of warranty, maintenance

After the out-of-factory means are warranteed, maintained, they must have written record of vehicles delivery stating clearly the duration and the conditions of quality warranty after service. The warranty period is not less than 02 months or 1500 km of driving, from the time of vehicles delivery.

7.3. Recording Minutes and confirming on manual of warranty, maintenance of vehicles The warranty, maintenance facilities of vehicles are responsible for recording and saving into the computer the data of means being warranteed, maintained at their factories.

The information required to store includes: license plate, chassis number, engine number, damages, overcoming problems, date, month of out of factory. This information must be stored and be deleted only after 01 year from the date that the vehicle was delivered last.

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