Quyết định 24/2002/QD-BCN

DECISION

ISSUING THE REGULATION ON CRITERIA OF MOTORCYCLE-MANUFACTURING AND/OR -ASSEMBLING ENTERPRISES

THE MINISTER OF INDUSTRY

Pursuant to the Government’s Decree No.74/CP of November 1, 1995 on the functions, tasks, powers and organizational structure of the Ministry of Industry;
Pursuant to the Prime Minister’s Decision No.38/2002/QD-TTg of March 14, 2002 on management of the manufacture, assembly and import of motorcycle components;
At the proposal of the director of the Department for Technology and Product Quality Control,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on criteria of motorcycle-manufacturing and/or -assembling enterprises.

Article 2.- This Decision takes effect 15 days after its signing. The Regulation issued together with this Decision shall replace the earlier regulations of the Ministry of Industry on motorcycle manufacture and assembly criteria.

The director of the Office, the chief inspector, the directors of the departments, and the director of the Department for State Specialized Management of the Ministry, as well as the motorcycle-manufacturing and/or -assembling enterprises shall have to implement this Decision.

REGULATION

ON CRITERIA OF MOTORCYCLE-MANUFACTURING AND/OR -ASSEMBLING ENTERPRISES
(Issued together with the Industry Minister’s Decision No. 24/2002/QD-BCN of June 7, 2002)

1. Scope and subjects of application

This Regulation prescribes the criteria of motorcycle-manufacturing and/or-assembling enterprises of all economic sectors, which are set up under Vietnamese laws (including foreign-invested enterprises).

2. On the investment scale

a/ The motorcycle-manufacturing and/or-assembling enterprises must make investment by themselves or enter into joint ventures for investment in manufacturing motorcycle details and/or detail assemblies so as to attain the minimum localization rate of 20% (according to the Prime Minister’s Decision No.38/2002/QD-TTg of March 14, 2002 and Joint Circular No.92/2001/TTLT-BTC-BCN-TCHQ of November 20, 2001 of the Ministry of Finance, the Ministry of Industry and the General Department of Customs), which must be associated with the manufacture of components belonging to the major groups of accessories such as engines, frames, transmission components.

Joint ventures manufacturing motorcycle accessories must abide by the above-mentioned Joint Circular and additional guidance of the Finance Ministry and the Industry Ministry in Joint Circular No.52/2002/TTLT-BTC-BCN of June 4, 2002.

b/ Enterprises must make investment in technological equipment systems to manufacture details and/or detail assemblies by themselves; the motorcycle assembly and quality control chains must ensure technical requirements and conform to the designed assembly capacity.

c/ The motorcycle-manufacturing and -assembling workshops must be designed and built strictly according to the economic-technical blueprints already approved by the competent authority, conforming to the designed capacity and complying with the State’s current regulations and criteria on hygiene and labor safety, fire and explosion prevention and fighting as well as environmental protection, ensuring the surrounding landscape; and have waste treatment systems suited to the enterprises’ concrete production characteristics.

Workshops, warehouses and storing yards, offices and auxiliary works of the motorcycle-manufacturing and/or-assembling enterprises must be built on land areas leased for long-term use for 15 years or more under the localities’ industrial development plannings. The motorcycle accessories-manufacturing zones must be arranged separately from the motorcycle-assembling zones, with a sufficient ground area for arrangement of manufacturing technological chains. The workshops’ floor must be covered with anti-slip paint, painted with boundary lines to show safe passages and production technological sites.

d/ For enterprises manufacturing and/or assembling engines, they shall comply with the provisions at Item a, Clause 1, Article 2 of the Prime Minister’s Decision No.38/2002/QD-TTg of March 14, 2002 and Item 2.1, Clause 2 of Joint Circular No.52/2002/TTLT-BTC-BCN of June 4, 2002, under which enterprises must make investment by themselves to manufacture at least one of the following complete details or detail assemblies: cylinder head assembly, crank case assembly, crank shaft assembly-piston, clutch assembly, cam axis assembly- valve, AC generation set, gearbox transmission assembly and carburetor.

Enterprises manufacturing and/or assembling motorcycle engines must make investment in their manufacturing technology, have product designs or lawfully- transferred technologies.

d/ For foreign-invested enterprises, their motorcycle- and/or motorcycle engine-manufacturing programs must strictly comply with the economic- technical blueprints, investment licenses and other relevant regulations of the Vietnamese State. In cases where the said dossiers or documents have no specific provisions thereon, the enterprises must abide by this Regulation.

3. Product quality criteria

a/ Motorcycles and motorcycle accessories manufactured by enterprises must be accompanied with full dossiers and technical documents on designs, manufacturing technologies and quality control process, must not infringe upon the right to industrial property protection; accessories bought for assembly must have lawful origins.

b/ The motorcycle-manufacturing and/or-assembling enterprises must comply with current regulations on goods quality and announce standards on the quality of commercial motorcycles and motorcycle accessories manufactured and/or assembled by themselves.

c/ The motorcycles and motorcycle accessories manufactured and/or assembled by enterprises, when lined off, must be labeled and accompanied with full technical documents according to the provisions of the Industry Minister’s Circular No.05/2001/TT-BCN of June 18, 2001.

4. Criteria on technical and technological levels

a/ Motorcycles must be assembled on conveyor belts in strict compliance with the technological process with adequate fixing and specialized inspection equipment (the pneumatic system, bolt- and nut-screwing guns, rim-balancing and tire-fitting, ball bearing-pressing equipment, equipment for fixing the fork assembly, frames, engines...).

The lined-off motorcycles must be wholly checked regarding their general norms such as the overlap of wheel traces, brakes, speed, the luminous concentration and intensity of lights, the concentration of exhaust gas (CO, HC) and noise. Enterprises must test their motorcycles by letting at least 1% of the lined-off ones run on the road for a distance of at least 10 km each.

The results of quality inspection of the lined-off motorcycles must be filed systematically in computers (together with the inspection time, the ordinal numbers of the lined-off motorcycles, frame numbers, engine numbers and inspectors) for at least 3 years.

b/ At least 1% of engines manufactured or assembled by enterprises must be checked at random regarding their general norms such as the number of cycles, torque, capacity, fuel consumption rate, noise and exhaust gas concentration. The checking results must be filed in computers (together with the checking time, engine numbers and checkers) for at least 3 years.

At least 1% of frames manufactured by enterprises must be checked at random regarding their durability and satisfaction of technical requirements for lined-off products. The checking results must be filed in computers (together with the checking time, frame numbers and checkers) for at least 3 years.

5. Criteria on the qualifications of personnel and technical workers as well as production organization and management

a/ As from January 1, 2004, the motorcycle-manufacturing and/or-assembling enterprises must obtain certificates of the ISO 9001-2000 quality control system.

b/ Enterprises must have an adequate contingent of managerial personnel, designers, technological engineers and technical workers; and a network of sale agents and establishments providing product warranty, monitoring product quality and providing post-sale services. The locations and regime of product warranty must be fully indicated in the warranty cards accompanied with motorcycles sold to customers.

6. Guidance for implementation

a/ The Ministry of Industry assigns the Department for Technology and Product Quality Control to act as the main body in providing guidance for enterprises, organizing site inspection and submitting to the Ministry’s leaders for signing written certifications for enterprises. For new enterprises, the Industry Ministry shall report to the Prime Minister before issuing written certifications.

b/ The motorcycle-manufacturing and/or-assembling enterprises shall have to submit quarterly, biannual and annual reports on the situation of investment and localization of motorcycle manufacture, assembly and trading to the Industry Ministry for monitoring, sum-up and further report to the Prime Minister.