Thông tư liên tịch 43/2014/TTLT-BGTVT-BCT

JOINT CIRCULAR

Pursuant to the Law on thrifty and efficient use of energy dated June 17, 2010;

Pursuant to the Decree No. 107/2012/ND-CP dated December 20, 2012 of the Government defining the functions, duties, power and organizational structure of the Ministry of Transport;

Pursuant to the Decree No. 95/2012/ND-CP dated November 12, 2012 of the Government defining the functions, duties, power and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Decree No. 21/2011/ND-CP dated March 29, 2011 of the Government detailing and guiding the implementation of Law on thrifty and efficient use of energy;

Pursuant to Decision No. 51/2011/QD-TTg dated September 12, 2011 of the Prime Minister on defining the list of vehicles and equipment to be affixed with energy label, application of minimum level of energy performance and implementation roadmap

The Minister of Transport and Minister of Industry and Trade issued a Joint Circular regulating the energy labelling for the types of Automobile from 07 seats or less.

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.

Chapter II.

PROVISION ON INSPECTION AND CERTIFICATION OF FUEL CONSUMPTION RATE

Article 6. Grounds for appointing the establishment of testing of fuel consumption rate

1. Having ISO/IEC 17025 certificate or accredited under the standards of the Vietnam Laboratory Accreditation Scheme (VILAS) or by accreditation organizations that have signed agreements on mutual recognition as the International Laboratory Accreditation Cooperation (ILAC) and the Asia Pacific Laboratory Accreditation Cooperation (APLAC).

2. Having the testing equipment which is inspected and adjusted under regulation with the precision for testing the fuel consumption rate specified in one of the standards and regulations such as: QCVN 05:2009/BGTVT; TCVN 7792:2007; TCVN 9854:2013 or equivalent standards and regulations;

Article 7. Requirements for method of fuel consumption measurement and determination of fuel consumption rate

1. Requirements for method of fuel consumption measurement shall comply with one of the methods stated in the following standards and regulations:

a) QCVN 05:2009/BGTVT;

b) TCVN 7792:2007;

c) TCVN 9854:2013;

d) Other methods of measurement equivalent to the methods specified at Points a, b and c of this Clause.

2. The way to obtain the result of fuel consumption rate shall comply with one of the following methods:

a) Method of calculating the carbon balance from the result of emission measurements specified in Section 5.3 ISO 9854: 2013 or Section B.1.4.2, Appendix of TCVN 7792:2007.

b) Method of direct measurement of fuel consumption specified in Section 5.1. TCVN 9854:2013.

3. Processing of result of measurement of fuel consumption rate:

a) The testing establishment shall process the measurement result to determine the fuel consumption rate under the provisions in Section 5.4 TCVN 9854:2013.

b) In case the value of the first testing or the value of arithmetic mean of the first testing and the second testing are greater than the registered fuel consumption rate by 04 % of the manufacturing and assembling establishments and the importing establishments and if such establishments agree in writing, then the above corresponding values may be taken as the certified fuel consumption rate.

c) In case the manufacturing and assembling establishments and the importing establishments and if such establishments have not registered the fuel consumption rate in the registration of fuel consumption rate of the types of automobile under the form specified in Annex I issued with this Circular, the certified fuel consumption rate is the arithmetic average value of the three tests of the testing establishment.

Article 8. Procedures for registration of inspection and certification of fuel consumption rate for manufactured and assembled automobiles

1. The dossier includes:

a) One registration of fuel consumption rate of type of automobile under the form specified in Annex I issued with this Circular.

b) One original report on testing of fuel consumption rate issued by the testing establishment under the form specified in Annex II issued with this Circular.

2. Order and method of implementation:

a) The manufacturing and assembling establishments shall submit directly or send a dossier to the QCA.

b) The QCA shall verify the compliance of dossier, within 07 working days, after receipt of dossier: if the dossier meet the requirements, the Certificate of fuel consumption rate of the manufactured and assembled automobiles shall be issued (under the form specified in Annex III issued with this Circular) to the type of registered automobile as a basis for the manufacturing and assembling establishments to conduct the energy labelling. If the dossier fails to meet the requirements, such establishments shall receive the notice of unsatisfactory contents for completion.

3. The Certificate of fuel consumption rate of the manufactured and assembled automobiles is valid in 03 years from the date of issuance and shall be considered for re-issuance in the following cases:

a) Upon expiration of Certificate: Procedures are the same as new issuance specified in Clause 1 and 2 of this Article.

b) Being lost or damaged and unusable: the manufacturing and assembling establishments shall request in writing and the QCA shall consider and re-issue of Certificate in accordance with the kept dossier within 03 working days. In case the kept dossier shows that the Certificate is expired, the QCA shall inform the manufacturing and assembling establishments for the procedures for new issuance in accordance with the provisions in Clause 1 and 2 of this Article;

Article 9. Procedures for registration of inspection and certification of fuel consumption rate for imported automobiles

1. The dossier includes:

a) One registration of fuel consumption rate of type of automobile under the form specified in Annex I issued with this Circular.

b) One original report on testing of fuel consumption rate issued by the testing establishment under the form specified in Annex II issued with this Circular in case of local testing or a copy of report on testing of fuel consumption rate issued by foreign testing establishment with certification of the importing establishment or documents proving the fuel consumption rate issued within a period not exceeding 03 years.

No distribution of materials specified at Point b, Clause 1 of this Article to the imported automobiles of the same type with the one inspected and issued with the valid Certificate of fuel consumption rate.

2. Order and method of implementation:

a) The importing establishment shall submit directly or send a dossier to the QCA.

b) The QCA shall verify the compliance of dossier, within 07 working days, after receipt of dossier: if the dossier meet the requirements, the Certificate of fuel consumption rate of the imported automobiles shall be issued (under the form specified in Annex III issued with this Circular) to the type of registered automobile as a basis for the importing establishments to conduct the energy labelling. If the dossier fails to meet the requirements, such establishments shall receive the notice of unsatisfactory contents for completion.

3. The Certificate of fuel consumption rate of imported automobile is valid within a period of 03 years from the date of issuance and shall be considered for re-issuance in the following cases:

a) Upon expiration of Certificate: Procedures are the same as new issuance specified in Clause 1 and 2 of this Article.

b) Being lost or damaged and unusable: the importing establishments shall request in writing and the QCA shall consider and re-issue of Certificate in accordance with the kept dossier within 03 working days. In case the kept dossier shows that the Certificate is expired, the QCA shall inform the importing establishments for the procedures for new issuance in accordance with the provisions in Clause 1 and 2 of this Article;

Article 10. Conditions for expansion of certification of fuel consumption rate of types of automobile

The conditions for expansion of certification of fuel consumption rate of types of automobile shall comply with the provisions in Section 6 TCVN 7792:2007.

Chapter III

PROVISIONS ON EGERGY LABELLING

Article 11. Form of energy label

The engery label is used under the uniformed form, including:

1. The form of energy label is specified by the QCA issuing the certificate of fuel consumption rate in Annex V promulgated with this Circular.

2. The form of energy label which the manufacturing and assembling establishments and the importing establishments register for self-announcement is specified in Annex VI promulgated with this Circular.

Article 12. Energy labelling

1. The manufacturing and assembling establishments and the importing establishments may print the energy labels under the form specified in Article 11 of this Circular. The information and fuel consumption rate printed on the label must be in accordance with the Certificate of fuel consumption rate or the registration of fuel consumption rate of types of automobile (in case of self-announcement) and affix them on the automobiles of the same type before introducing them into market.

2. Place for energy labelling

The energy label must be affixed inside the automobile on the side of driver or fixed rear glass window or rear windshield at the place easily observed from outside. The energy label must be maintained in the automobile until it is delivered to the consumer.

Article 13. Annoucement of information on the fuel consumption rate

1. Form of annoucement of information

The information related to the fuel consumption rate of the automobile must be announced in fhe forms as follows:

a) The energy label is affixed on automobile at the display or sale place.

b) Attached user manual or material introducing features and technical parameters of automobile.

c) Website of the automobile manufacturing and assembling establishments and the importing and trading establishments (if any).

d) Website of the QCA.

2. Contents of announced information

The following minimum information must be shown:

a) Information on the manufacturing and assembling establishments and the importing establishments including the name, address, telephone and fax number.

b) Basic information on the automobile: name, brand, type number, origin, technical parameters and other information.

c) Information on fuel consumption rate in accordance with the certificate of fuel consumption rate or registration of fuel consumption rate (in case of self-announcement).

3. The announced information must be maintained during the time the manufacturing and assembling establishments and the importing and trading establishments introduce such type of automobile into the market.

Article 14. Suspension of energy labelling and revocation of certificate of fuel consumption rate

1. The QCA shall make a decision on suspension of energy labelling and post the information on its website when the manufacturing and assembling establishments and the importing and trading establishments commit the violation of one of the cases as follows:

a) Affixing of fake energy label.

b) Affixing of energy label when not having been issued with the Certificate of fuel consumption rate or such Certificate is expired or erased.

c) The energy label is not in accordance with the contents and specification under the provisions of this Circular or improperly expresses the fuel consumption rate specified in the Certificate of fuel consumption rate or the registration of fuel consumption rate in case of self-announcement of energy label.

2. The QCA shall make a decision on revocation of Certificate of fuel consumption rate and post the information on its website when the manufacturing and assembling establishments and the importing and trading establishments commit the violation of one of the cases as follows:

a) Being fraudulent in the dossier for registration of inspection and certification of fuel consumption rate.

b) Being subjected to the suspension of energy label for the second time under the provisions in Clause 1 of this Article;

Chapter IV

IMPLEMENTATION PROVISION

Article 15. Responsibility of Vietnam Register – Ministry of Transport

1. Appointing a qualified testing establishment to carry out the testing of fuel consumption rate under the provisions in Clause 10, Article 3 and 6 of this Circular.

2. Providing instructions and receiving dossier for registration of inspection and certification of fuel consumption rate and energy labelling for the types of automobile specified in this Circular.

3. Announcing and updating the list of testing establishments that are apppointed by the Vietnam Register and the General Department of Energy in accordance with the provisions in Clause 1 of this Article and Article 16 of this Circular; announcing information related to the fuel consumption rate of types of automobile issued with Certificate or registered for self-announcement on the website of the Vietnam Register.

4. Cooperating with the competent authorities to settle the complaints and disputes related to the registration for inspection and certification of fuel consumption rate.

5. Periodically or irregularly inspecting the energy labelling and testing of fuel consumption measurement.

6. Summarizing the result inspection of energy labelling and making periodical report to the Ministry of Transport and the Ministry of Industry and Trade before February 15 of each year.

Article 16. Responsibility of the General Department of Energy - Ministry of Industry and Trade

1. Appointing a qualified testing establishment to carry out the testing of fuel consumption rate under the provisions in Clause 10, Article 3 and 6 of this Circular.

2. Announcing and updating the list of testing establishments that are appointed by the General Department of Energy as stipulated in Clause 1 of this Article on its website while notifying the QCA.

Article 17. Responsibility of the automobile manufacturing and assembling establishments and the importing and trading establishments

1. Implementing the energy labelling for the automobiles in accordance with provisions of this Circular before introducing them into the market.

2. Taking responsibility for the accuracy and truthfulness of dossier and documents provided for the QCA.

3. Promptly notify the QCA of the changes affecting the fuel consumption rate of the types of automobile and conducting the re-registration as stipulated in Article 8 and 9 of this Circular.

4. Fully satisfying the requirements for the information announcement in accordance with the provisions from Point a to Point c, Clause 1, Article 13 of this Circular.

5. The manufacturing and assembling establishments and the importing establishments shall make periodical reports and send them to the QCA before January 15 of each year under the form specified in Annex VII issued with this Circular.

6. The manufacturing and assembling establishments should maintain the manufacturing conditions for mass manufacturing with the types of automobile which have been certified the energy consumption rate.

Article 18. Fees and charges

The collection of fees and charges related to the inspection and certification of energy labelling is done in accordance with regulations of law.

Article 19. Effect

1. This Circular takes effect from December 01, 2014.

2. Roadmap for application of energy labelling:

a) For types of manufactured, assembled and newly imported automobile: Applicable from January 01, 2015.

b) For cases of registration for self-announcement of fuel consumption rate and energy labelling specified in Clause 1, Article 5 of this Circular: Applicable from January 01, 2015 to the end of December 31, 2015.

3. The centers and division of emission testing must perform the work under QCVN 05:2009/BGTVT. From before January 01, 2015, they are entitled to combine the testing of automobile fuel consumption rate with the emission testing and must meet the requirements specified in Article 16 of this Circular before January 01, 2016.

4. Where the documents, materials, technical regulations and standards referred in this Circular are amended, added or superseded, the documents which are amended, added or superseded shall apply.

Article 20. Responsibility for implementation

1. Heads of agencies and units under the Ministry of Transport, the Ministry of Industry and Trade within their functions, duties and powers are responsible for implementing this Circular.

2. Any problem arising during the implementation of this Circular should be promptly reported to the Ministry of Transport for discuss and agreement with the Ministry of Industry and Trade for consideration and settlement./.