Thông tư liên tịch 06/2013/TTLT-BKHCN-BCT-BCA-BGTVT

JOINT CIRCULAR

ON THE PRODUCTION, IMPORT, SALE, AND USE OF HELMETS FOR USERS OF MOTORBIKES AND ELECTRIC BICYCLES

Pursuant to the Law on Commerce dated June 14^th 2005;

Pursuant to the Law on Technical regulations and standards dated June 29^th 2006;

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

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

Pursuant to the Government's Decree No. 20/2013/ND-CP dated February 26^th 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Science and Technology;

Pursuant to the Government's Decree No. 95/2012/ND-CP dated November 12^th 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 77/2009/ND-CP dated September 15^th 2009 defining the functions, tasks, and entitlements and organizational structure of the Ministry of Public Security;

Pursuant to the Government's Decree No. 107/2012/ND-CP dated December 20^th 2012, defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

The Minister of Science and Technology, the Minister of Industry and Trade, the Minister of Public Security, and the Minister of Transport issue a Joint Circular on the production, import, sale, and use of helmets for users of motorbikes and electric bicycles (hereinafter referred to as motorbike helmets),

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Joint Circular deals with the production, import, sale, and use of helmets for operators and users of motorbikes (including electric motorbikes) and electric bicycles (hereinafter referred to as helmets) and responsibilities of involved organizations and individuals.

Article 2. Subjects of application

This Circular is applicable to:

1. Organizations and individuals that produce, import, and sell helmets.

2.  Operators and users of motorbikes (including electric motorbikes) and electric bicycles in traffic (hereinafter referred to as bikers).

3. Organizations and individuals involved in the production, import, sale, management, and use of helmets.

Article 3. Helmets and the sale of helmets

1. Helmets are hats that:

a) Consist of 3 parts: the outer shell, the impact absorbing liner, and the chin-strap; and have a design that satisfy the requirements in Clause 2 Article 4 of this Circular;

b) Have obtained the Certificate of conformity and declaration of conformity with QCVN 2: 2008/BKHCN promulgated together with the Decision No. 04/2008/QD-BKHCN dated April 28^th 2008 of the Minister of Science and Technology; bear the CR marking and have labels as prescribed by law.

2. The sale of helmets includes wholesaling, retailing, and helmet agents in Vietnam.

Article 4. Helmet quality control

1. Before being put on the market, helmets must obtain the Certificate of conformity and declaration of conformity with QCVN 2 : 2008/BKHCN, bear the CR marking on the outer shell and have labels as prescribed by the laws on goods labels and Point 2.3 of QCVN 2 : 2008/BKHCN.

The CR marking must be legible and printed directly on the helmet or fixed to the helmet by waterproof materials in a way that cannot be changed or faded.

2. A helmet shall obtain the Certificate of conformity and declaration of conformity according to QCVN 2 : 2008/BKHCN when its design satisfies the following requirements:

a) Its design is conformable with Figure 1 of QCVN 2 : 2008/BKHCN;

b) Where a helmet has a soft visor fixed to the shell or a detachable visor, the length of the visor from the shell to its furthest point shall not exceed 70 mm and its tilt visor must not affect the user’s vision as prescribed in QCVN 2 : 2008/BKHCN;

c) Where a helmet has a hard visor fixed to the helmet shell or a detachable visor, the length of the visor from the shell to its furthest point shall not exceed 50 mm and its tilt must not affect the user’s vision as prescribed in QCVN 2 : 2008/BKHCN;

d) Where a helmet has a hard brim, it must not stick out over 20 mm from the shell.

Chapter 2.

SPECIFIC PROVISIONS

Article 5. Responsibility of helmet producers

1. Obtain the Certificate of conformity and declaration of conformity of their helmets with QCVN 2 : 2008/BKHCN, fix the CR marking and labels on the helmets before putting them on the market in accordance with the laws on goods labels.

2. Take responsibility for the quality of the helmets they produce before putting them on the market.

3. Sign contracts to provide helmets to helmet sellers.

4. Provide 02 certified true copies of the Certificate of conformity or 02 certified true copies of the Certificate of declaration of conformity for each helmet seller that signs the contract prescribed in Clause 3 of this Article.

5. Send an authenticated copies of documents relating to helmet quality (Certificate of conformity, Certificate of Declaration of conformity, technical documents, instructions) to People’s Committees of communes, Sub-departments of market management, and Services of Science and Technology of the locality where the helmet producer registered their business after 07 working days from the day  on which measures for helmet quality control are taken.

Article 6. Responsibility of helmet importers

1. Obtain the Certificate of conformity of the helmets they import with QCVN 2: 2008/BKHCN; comply with state inspection of imported goods quality, fix CR markings and labels before putting them on the market as prescribed by the laws on goods labels.

2. Take responsibility for the quality of the helmets they import before putting them on the market.

3. Sign contracts to provide helmets to helmet traders.

4. Provide 02 certified true copies of the Certificate of conformity or 02 certified true copies of the Result of state inspection of imported goods quality for each helmet seller that signs the contract prescribed in Clause 3 of this Article.

5. Send an authenticated copies of documents relating to helmet quality (Certificate of conformity, Result of state inspection of imported goods quality, technical documents, instructions) to People’s Committees of communes, Sub-departments of market management, and Services of Science and Technology of the locality where the helmet importer registered their business after 07 working days from the day on which measures for helmet quality control are taken.

Article 7. Responsibility of helmet sellers

1. Only sell helmets that:

a) Have the Certificate of conformity or Declaration of Conformity according to QCVN 2 : 2008/BKHCN;

b) Have the CR marking of producers or importers;

c) Have labels in accordance with the laws on goods labels.

2. Present the certified true copy of the quality certificate (Certificate of conformity or Certificate of Declaration of conformity – applicable to helmets produced at home; Certificate of conformity or Result of state inspection of quality of imported helmets); the certified true copies of the helmet sale contracts signed with helmet producers and importers at the request of competent authorities.

3. Send an authenticated copies of documents relating to helmet quality (Certificate of conformity, Certificate of Declaration of conformity, Result of state inspection of quality of imported helmets, technical documents, instructions) to People’s Committees of the communes where helmets are sold after 07 working days from the day on which helmets are delivered.

Article 8. Responsibility of bikers

Bikers shall:

1. Wear helmets as prescribed by law.

2. Fasten the straps as follows:

a) Keep the straps to the sides, put on the helmet, and fasten the straps.  Straps must be tighten to fit the chin;

b) After the helmet to put on, use a hand to pull it from behind to front or raise the part at the forehead (or the chin – for full-face helmets) then pull it back to check whether the helmet is removed from the head.

Article 9. Inspection of production, import, sale, and use of helmets

1. Helmet producers, importers, sellers, and users shall comply with the inspection carried out by competent authorities.

2. The inspection of production, import, sale, and use of helmets shall be carried out within the competence of competent authorities and in accordance with the laws on inspection.

Article 10. Penalties for violations

1. Depending on the nature and seriousness of the violations, helmets producers, importers,  and sellers that violate this Circular and relevant laws incur penalties, including:

a) Administrative penalties for not having the Certificate of conformity, Declaration of conformity, or fixing the CR marking as prescribed by the laws on administrative penalties for violations against the laws on standards, measurement, and quality of goods, applicable to the production and import of helmets.

b) Administrative penalties, as prescribed by the laws on administrative penalties for violations against the law on trading and relevant laws on administrative penalties, for:

- Producing, importing, and selling helmets that violate the regulations on goods labels such ass the labels are so damaged or faded that information cannot be read, labels are blocked or unreadable, helmets have no labels;

- Producing, importing, or selling helmets that violate the regulations on compulsory information on labels such as the name of the helmet, names and addresses of producers, importers and distributors, origins of goods (for imported helmets); the helmet size, and date of production;

- Producing, importing, or selling fake helmets in terms of uses or origins that lead to misinterpretation of the uses, origins, producers, packaging and assembly locations of goods;

- Producing, importing, or selling helmets bearing labels that are identical or similar to that of other facilities that have taken measures for quality control as prescribed in QCVN 2 : 2008/BKHCN;

- Producing, importing, or selling hats that have the appearance of helmets without taking quality control measures as prescribed in QCVN 2 : 2008/BKHCN, or that do not have enough 03 parts as prescribed in Point a Clause 1 Article 3 of this Circular;

- Producing, importing, or selling helmets that violate Clauses 3, 4 and 5 of Article 5; Clauses 3, 4 and 5 of Article 6; Clauses 2 and 3 of Article 7 of this Circular.

c) Administrative penalties for producing, importing, or selling substandard helmets as prescribed by the laws on administrative penalties for violations against the laws on standards, measurement, and quality of goods and violations against the law on consumers’ interest protection.

d) Administrative penalties for producing, importing, or selling substandard helmets as prescribed by the laws on administrative penalties for violations against the laws on standards, measurement, and quality of goods and violations against the law on consumers’ interest protection.

2. Bikers that violate the regulations on wearing helmets shall carry administrative penalties in accordance with the regulations of the Government on administrative penalties for violations against the laws on road traffic.

Article 11. The Ministry of Science and Technology shall:

1. Cooperate with the Ministry of Industry and Trade, the Ministry of Public Security, and the Ministry of Transport in organizing the implementation of this Circular.

2. Provide instructions for inspecting authorities on cooperating with market management agencies and involved agencies in the carrying out inspections and penalizing violations committed by helmet producers, importers, and sellers as prescribed in this Circular and relevant regulations.

Article 12. The Ministry of Industry and Trade shall:

Provide instructions for market management agencies on cooperating with inspecting authorities, the police, People’s Committees, and involved agencies in carrying out inspections and penalizing violations committed by helmet producers, importers, and sellers as prescribed in this Circular and relevant regulations.

Article 13. The Ministry of Public Security shall:

1. Provide instructions for police departments on cooperating cooperate with market management agencies, inspecting authorities in carrying out inspections and penalizing violations committed by local helmet producers, importers, and sellers under their management.

2. Provide instructions for the police on enhancing patrols and penalties for violations against this Circular and relevant regulations committed by bikers.

3. Provide instructions for local police departments on enhancing inspection and penalties for violations committed by local traders.

Article 14. The Ministry of Transport shall:

Cooperate with the National Committee of Traffic Safety in enhancing propagation and education in wearing helmets conformable with QCVN 2 : 2008/BKHCN.

Article 15. People’s Committees shall:

Provide instructions for local agencies on cooperating with the market management agencies, inspecting authorities, and the police in enhancing the inspection and penalties for violations committed by local helmet producers, importers, and sellers in accordance with this Circular and relevant regulations.

Chapter 3.

IMPLEMENTATION

Article 16. Effect

1. This Circular takes effect on May 15^th 2013.

2. Were the National Technical Regulations cited in this Circular are amended or superseded, the new National Technical Regulations shall apply.

Article 17. Implementation responsibilities

1. Heads of agencies and units affiliated to the Ministry of Science and Technology, the Ministry of Industry and Trade, the Ministry of Public Security, and the Ministry of Transport are responsible for the implementation of this Circular within their competence

2. Organizations and individuals are recommended to report the difficulties arising during the course of implementation to the Ministry of Science and Technology for discussion with the Ministry of Industry and Trade, the Ministry of Public Security, and the Ministry of Transport for consideration and settlement./.