Thông tư 44/2012/TT-BGTVT

CIRCULAR

ON THE INSPECTION OF THE TECHNICAL QUALITY, SAFETY, AND ENVIRONMENT PROTECTION OF IMPORTED MOTORBIKES, AND IMPORTED ENGINES FOR MOTORBIKE MANUFACTURE AND ASSEMBLY

Pursuant to the Law on Road traffic dated November 13^th 2008;

Pursuant to the Law on Product and goods quality dated November 21^st 2007;

Pursuant to the Government's Decree No. 132/2008/NĐ-CP dated December 31^st 2008, detailing the implementation of a number of articles of the Law on Product and goods quality;

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

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

The Minister of Transport promulgates a Circular on the inspection of the technical quality, safety, and environment protection of imported motorbikes, and imported engines for motorbike manufacture and assembly.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular deals with the inspection of the technical safety and quality, and environment protection of imported CBU motorbikes (hereinafter referred to as motorbikes), and imported CBU engines (hereinafter referred to as engines) for motorbike manufacture and assembly.

2. This Circular is not applicable to:

a) Imported motorbikes and engines serving the National defense and security of the Ministry of National Defense and the Ministry of Public Security;

b) Imported motorbike serving other purposes, not participating in road traffic.

Article 2. Subjects of application

This Circular is applicable to organizations and individuals that import motorbikes, engines, and the organizations relevant to the management, inspection and testing of motorbikes and engines.

Article 3. Interpretation of terms

The terms in this Circular is construed as follows:

1. Motorbikes are road motor vehicles prescribed in the National Technical Regulation QCVN 14 : 2011/BGTVT, on the technical quality, safety, and environment protection of motorbikes.

2. Motorbikes and engines of the same type are motorbikes and engines under the same industrial ownership, having same make, design, specifications, and being produced from the same technological line.

3. The quality-inspecting agency: the Vietnam Register affiliated to the Ministry of Transport is the State agency in charge of organizing, managing, and inspecting the technical quality, safety, and environment protection of the motorbikes and engines regulated by this Circular (hereinafter referred to as quality-inspecting agency)

4. Testing agency is a qualified agency appointed to test motorbikes and parts thereof according to corresponding National Technical Regulation and relevant legal documents.

Chapter 2.

THE ORDER AND CONTENT OF THE TEST ON TECHNICAL QUALITY, SAFETY, AND ENVIRONMENT PROTECTION

Article 4. The dossier of application for the test

1. The dossier of application for inspecting the motorbikes includes:

a) The application for inspecting the quality of imported motorbikes (hereinafter referred to as the application for inspection) using the form in Annex I promulgated together with this Circular;

b) The photocopy of the import documents certified by the importer, including: the import statement, commercial invoices, or the equivalent papers related to the goods value;

c) The documents from the producer introducing the technical features of the imported motorbikes, expressing the primary specifications about: about the sizes quantity, seats, maximum speed, type of transmission, clutch, gearbox, tire, and basic specification of the engine: maximum power corresponding to the rotational speed of the engine, the working volume of the engine, and the type of fuel used;

d) The photocopy of one of the following documents relating to emissions (if any) that are certified by the importer:

- The report on emission test issued to the type of motorbikes by foreign competent agencies, providing the results of the tests prescribed in the current National Technical Regulation.

- The certificate of the conformity to the regulation on emission issued to the type of motorbikes by foreign competent agencies, as long as such regulations are equivalent to or higher than the current National Technical Regulation.

The requirement for documents relating to emissions of motorbikes is not applicable to the subjects prescribed in Clause 5 Article 6 of this Circular.

dd) The statement of specifications and technical features of motorbikes (only applicable when the introduction documents does not provide sufficient information prescribed in Point c this Clause) using the form in Annex II promulgated together with this Circular.

2. The dossier of application for inspecting the engines includes:

a) The application for inspecting the quality of imported engines (hereinafter referred to as the application for inspection) using the form in Annex I promulgated together with this Circular;

b) The photocopy of the import documents certified by the importer, including: the import statement, commercial invoices, or the equivalent papers related to the goods value;

c) The documents of the producer introducing the technical features of imported engines, showing some primary specifications about: maximum torque, maximum power corresponding to the rotational speed of the engine, the bore, the stroke, the working volume of the engine, the type of fuel used, the type of clutch, the gear ratio;

d) The statement of specifications and technical features of engines (only apply when the introduction documents does not provide sufficient information prescribed in Point c this Clause) using the form in Annex III promulgated together with this Circular.

3. Exemptions:

a) The types of motorbikes or engines that have been inspected by the quality-inspecting agency, and issued with the Certificate of technical quality, safety, and environment protection may not submitting the documents prescribed in Point c, Point d, Point dd Clause 1 and Point c, Point d, Clause 2 this Article.

b) The documents such as: the import statement, the sheet of technical features and specifications; the documents related to the motorbike emissions may be submitted by the importer before the inspection.

Article 5. The method and content of inspection

1. The method of inspection: the inspection is carried out by testing samples of each imported consignment of the same type (hereinafter referred to as consignments) The samples being inspected are motorbikes or engines randomly taken by the quality-inspecting agency in a consignment. The quantity of samples depend on the amount of goods in a consignment. In particular:

2. The testing content:

a) The motorbikes shall be tested in accordance with the National Technical Regulation QCVN 14 : 2011/BGTVT.

- The components in Section 2.4.1, 2.5.1, 2.6.1, 2.6.2, 2.11.2, 2.15.3, 2.16.3, 2.17.1.4 are exempted from testing;

- The test for motorbike emissions prescribed in section 2.18.1 is carried out when:

+ The motorbike has no documents about emissions as prescribed in Point d Clause 1 Article 4 of this Circular;

+ The motorbike has documents about emissions, but the documents do not adequately express the tests on such type of motorbikes as prescribed in the National Technical Regulation QCVN 04 : 2009/BGTVT “National Technical Regulation on emissions of motorbikes produced, assembled, and imported";

+ The motorbike structure is not consistent with the documents about emissions.

- The evaporation test prescribed in QCVN 04 : 2009/BGTVT is exempted.

b) The test on engines are carried out in accordance with the National Technical Regulation QCVN 37 : 2010/BGTVT – National Technical Regulation on motorbike engines.

3. The samples shall be tested at testing agencies. After the test, the test report shall be sent to the quality-inspecting agency, the samples shall be returned to the importer.

4. The samples shall be exempted from the test in the following cases:

a) Such types of motorbikes have been tested according to the mutual recognition agreement on the standards and conformity to which Vietnam is a signatory;

b) The types of motorbikes and engines imported by the same importer that have been tested and issued with the certificate of quality.

In case the consignments prescribed in Point a and b this Clause do not ensure the quality, the quality-inspecting agency shall test the samples as prescribed in Clause 1 Clause 2, and Clause 3 this Article.

5. Testing the motorbikes imported or temporarily imported not for commercial purposes

a) Applicable to the following subjects:

- The motorbikes imported as movable assets as prescribed by law;

- Imported motorbikes being non-refundable aid or donations to agencies, organizations and individuals;

- Imported motorbikes under the separate regulations of the Prime Minister.

b) The testing content: certifying the overall specifications of the motorbikes: the type, the condition, the make, the quantity, the country of origin, the year of manufacture, the chassis number, the engine number, the package size, the fundamental length, the type of engines, the working volume, the maximum power of the engine, the type of clutch, gearbox, transmission, fuel, the net weight and gross weight, the number of seats, the tire symbol, the type of brakes.

Article 6. The procedure for issuing the certificate of the import quality

1. The importer shall submit 01 dossier of application for inspection to the quality-inspecting agency as prescribed in Article 4 of this Circular;

2. The quality-inspecting agency shall receive and check the dossier of application. If the dossier of application for inspection is not complete as prescribed, the quality-inspecting agency shall guide the importer to complement it; if the dossier is complete, the quality-inspecting agency shall certify on the application for inspection within 01 working day, and reach an agreement with the importer on the inspection time and location;

3. The quality-inspecting agency shall inspect the imported motorbikes and engines at the location agreed with the importer. Within 05 working days as from the end of the inspection and the importer has completely submitted the dossier as prescribed, the quality-inspecting agency shall issue the Certificate of quality or the Notice of inferior quality as follows:

For motorbikes and engines of high quality that have sufficient documents as prescribed, the quality-inspecting agency shall issue the Certificate of quality using the corresponding forms in Annex IVa and IVb promulgated together with this Circular.

During the inspection, if the quality-inspecting agency is officially informed by the producer or the foreign vehicle management agency that the motorbikes must be recalled for repairing and rectifying the defects, the quality-inspecting agency shall only issue the certificate of import quality after the importer make a written commitment enclosed with the written certification of the producer or an agency authorized by the producer that the imported motorbikes have been repaired and are safe.

b) For the motorbikes and engines that are not conformable with the current National Technical Regulation, the quality-inspecting agency shall request the importer to rectify them within 30 days as from the notice is issued.  If the importer fails to rectify after this deadline, the quality-inspecting agency shall issue the Notice of inferior import quality using the corresponding form in Annex Va and Vb enclosed with this Circular.

Chapter 3.

IMPLEMENTATION PROVISIONS

Article 7. Responsibility of importers

1. Take responsibility for the accuracy of the documents provided for the quality-inspecting agency.

2. Preserve the status quo of motorbikes and engines for the quality-inspecting agency to carry out the inspection and the test at the location agreed by with the importer.

3. Pay the fees for the inspection, test, and issue of the Certificate of quality as prescribed by current regulations.

Article 8. Responsibility of The Vietnam Register

1. Guide the importers to satisfy the requirements for technical quality, safety, and environment protection of imported motorbikes and engines.

2. Unify the issue and management of certificate.

3. Organize the inspection and tests on motorbikes and engines in accordance with the current National Technical Regulation.

4. Guide the process of inspecting the technical quality and safety and environment protection as prescribed by this Circular.

5. Collect the fees for the inspection and the issue of the Certificate of quality as prescribed by current regulations.

6. Deposit the documents about the inspection of imported motorbikes and engines for 03 years as from the certificate is issued.

7. Periodically summarize and report the quality inspection results of imported motorbikes and engines to the Ministry of Transport.

Article 9. Effects

1. This Circular takes effect on January 01^st 2013.

2. The following documents are annulled:

a) The Decision No. 57/2007/QĐ-BGTVT dated November 21^st 2007 of the Minister of Transport, promulgating the Regulation on the inspection of technical quality, safety, and environment protection of imported motorbikes and engines for motorbike production and assembly;

b) Article 1 of the Circular No. 29/2011/TT-BGTVT dated April 15^th 2011 of the Minister of Transport, amending and supplementing a number of articles of the Regulation on the inspection of technical quality, safety, and environment protection of imported motorbikes and engines for motorbike production and assembly, promulgated together with the Decision No. 57/2007/QĐ-BGTVT dated November 21^st 2007 of the Minister of Transport, and the Regulation on the inspection of technical quality, safety, and environment protection in the production and assembly of motorbikes promulgated together with the decision No. 58/2007/QĐ-BGTVT dated November 21^st 2007 of the Minister of Transport.

3. The Certificates of quality issued before this Circular takes effect are still valid.

4. When the documents referred to in this Circular is changed or amended, the new documents shall apply.

Article 10. Implementation organization

The Chief of the Ministry Office, the Ministerial Chief Inspector, Directors of Departments, the Directors of the Vietnam Register, heads of relevant units, and individuals concerned are responsible for the implementation of this Circular.