Circular 44/2012/tt-Bgtvt: Provisions On Quality Control Of Technical Safety And Environmental Protection For The Car Motorcycles, Motorcycle Import And Import Engine Used To Manufacture, Assemble Motorcycles ...

Original Language Title: Thông tư 44/2012/TT-BGTVT: Quy định về kiểm tra chất lượng an toàn kỹ thuật và bảo vệ môi trường xe mô tô, xe gắn máy nhập khẩu và động cơ nhập khẩu sử dụng để sản xuất, lắp ráp xe mô tô...

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CIRCULAR provisions on quality control of technical safety and environmental protection for motorcycles, motorcycle import and import engine used to manufacture, assemble motorcycles, mopeds pursuant to the law on road traffic, November 13, 2008;
Pursuant to the law of product quality, the goods on November 21, 2007;
Pursuant to Decree No. 132/2008/ND-CP on December 31, 2008 detailing the Government's implementation of some articles of the law on product quality, the goods;
Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;
According to the proposal of the Director General of science and technology and Director of the Vietnam register, the Minister of transport issued the circular provisions on quality control of technical safety and environmental protection for motorcycles, motorcycle import and import engine used to produce Assembly, motorcycle, motorcycle.
Chapter 1.
GENERAL PROVISIONS article 1. Scope 1. This circular regulates the quality control of technical safety and environmental protection for motorcycles, motorcycle, raw imported aircraft (hereinafter referred to as the car) and import the raw engine (hereafter referred to as engine) used to manufacture, assemble motorcycles , motorcycle.
2. This circular does not apply to: a) cars and import engine to use on defense purposes, security of the Ministry of defence, the Ministry of public security;
b) import car serves other purposes, not to participate in road traffic.
Article 2. The object that applies to this circular apply to organizations and individuals to import cars, engines and bodies, organizations related to the management, test, testing the car and engine.
Article 3. Explanation of terms In this circular the terms below are interpreted as follows: 1. Motorcycles, mopeds are motor vehicles operating on roads that are specified in the national technical regulation QCVN 14:2011-BGTVT-national technical regulation on quality technical safety and environment protection for motorcycles , motorcycle.
2. The car, same engine as the car, the engine of the same owner, same marks, the design and the specifications, produced on the same production line technology.
3. quality control agency register Vietnam Ministry of transportation is the State agency responsible for governing quality control, technical safety and environment protection for the car and the engine in the scope of this circular (hereinafter referred to as the Agency KTCL).
4. The basis of the test is held to have qualified and been appointed to conduct the test car, the car's components under the corresponding national technical standards and legal texts concerned.
Chapter 2.
The SEQUENCE and CONTENT of the QUALITY CONTROL of TECHNICAL SAFETY and ENVIRONMENT PROTECTION article 4. Registration records check 1. Check car registration documents include: a) A sign to check the quality of imported cars (hereinafter referred to as A check register) according to the model in annex I attached to this circular;
b) copies of import documents of the Organization, the individual imports include: declarations of goods imported, commercial invoices or equivalent documents relating to the value of the goods;
c) documents introduction of technical features of the manufacturer for the type of car imports, which represent the principal parameters: the parameters of size, volume, number of passengers, speed, transmission type, type clutch, gearbox type, tire markings and the basic specifications of the engine : largest capacity with the rotation speed of the engine, the working volume of the engine, the type of fuel used;
d) A copy certified by the Organization, the individual import of one of the documents related to the exhaust (if available):-emissions test report by the Agency, the competent foreign organization level for the type of vehicle in which the test results of the tests prescribed in the national technical regulation.
-Certificate of the competent authority abroad confirm the type of vehicles already meet the emissions regulations of foreign countries that these regulations equivalent or higher national technical regulation.
Asked about documents related to the vehicle's emissions do not apply to the object prescribed in clause 5 article 5 of this circular.
DD) affidavit parameters, technical features of the vehicle (applies only in the case of documents introduction technical features not yet enough content specified in point c of this paragraph) according to the model in annex II attached to this circular.
2. the registration records check engine include: a) A register to check the quality of imported engines (hereafter referred to as A check register) according to the model in annex I attached to this circular;
b) copies of import documents of the Organization, the individual imports include: declarations of goods imported, commercial invoices or equivalent documents relating to the value of the goods;
c) documents introduction of technical features of the manufacturer with regard to the import engine, that was some parameters: torque, largest capacity with the rotation speed of the motor, the diameter of the cylinder, piston, cruise work volume of the engine, the type of fuel used , type clutch, gearbox transmission ratio;
d) affidavit parameters, technical features of the motor (only applies in the case of documents introduction technical features not yet enough content specified in point c of this paragraph) according to the model in annex III attached to this circular.
3. The circumstances are records exemption registration check: Type a) or the motor vehicles Agency were KTCL checking and certification of the quality of technical safety and environmental protection are exempt categories of records specified in points c, d, DD account point 1 and point c , a d clause 2 of this Thing.
b) documents such as the Declaration of imported goods; Affidavit of parameters, technical features; Documents related to the exhaust of the vehicle can be held, personal imports, filed before conducting the test.
Article 5. The method and content of the test 1. Test method: the test was performed according to the test method, test for each import the same category (hereinafter referred to as the shipment). Sample check is the car or the engine by KTCL retrieved randomly in a shipment. The number of samples checked is dependent on the number of rows in a batch and are defined as: TT the number of vehicles or engines in a batch (unit:) the number of the test sample (:) 1 From 1 to 100 01 2 From 100 to over 500 02 3 From over 500 03 2. The test content, test: a) the test content, test the car performed as prescribed in the national technical regulation QCVN 14:2011-BGTVT.
Of which:-Free testing for components as specified 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;
-Checking the vehicle's emissions test specified in section 2.18.1 made when: + Car don't have an emissions-related data as specified in point d of article 4 paragraph 1 of this circular;
+ Vehicle emissions-related documents but the document does not express the full range of the test applicable to the vehicle type as defined in the national technical regulation QCVN 4:2009-BGTVT "national technical regulation regarding motorcycle exhaust, motorcycle production, Assembly and new import";
+ Incorrect texture vehicles with emission-related documents.
-Free of volatile test prescribed in QCVN 4:2009-BGTVT.
b) content check, testing done in accordance with national technical regulation QCVN 37:2010-BGTVT-national technical regulation on motor scooters, motorcycle.
3. The test sample test was done at the testing facility. After the end of the test, the test reports are transferred to the Agency, will be examining samples KTCL returned for the Organization, personal imports.
4. Free trial samples tested in the following cases: a) the types of vehicles have been checked according to the agreement or mutual recognition agreements on standards and conformance which Vietnam joined signed;
b) for the type of vehicles and engines by the same organization, personal imports, have been tested, certified quality.
The case of the shipment in the subjects referred to in point a, b of this paragraph have no signs of the quality assurance agency, KTCL performs the test, sample test as prescribed in paragraph 1, paragraph 2 and paragraph 3 of this Article.
5. check for temporary import, import car not a trade purpose) apply to the following cases:-import Vehicles under the regime of property moving in accordance with the law;
-Car imports is non-refundable aid goods or gifts for the agencies, organizations and individuals;
-Prescribed private import car of Prime.
b) content check: check the car's general parameters confirmation: media type, status, number of brands, media type, country of origin, year of manufacture, engine number, chassis number, dimensions, wheelbase, engine type, volume of work and the largest capacity of the engine, the type of clutch , gearbox, transmission, fuel type, volume, whole volume, number of passengers, tyres, brake type.
Article 6. Order and procedure of quality certification of imports 1. Organize, prepare and import personal submission directly to the registered profile 01 KTCL check as stipulated in article 4 of this circular;
2. Agency KTCL reception and check registration records check. If the check registration records are incomplete as a rule the Agency KTCL guide organization, additional import personal, perfect; If the register records the full inspection as a rule, within 7 working days, KTCL will confirm to the registration test at the same time consistent with the organisation and individuals importing on time and location check;

3. inspect KTCL Agency vehicles, imported engine in the place agreed with the Organization, personal imports. Within 5 (five) working days from the end date check and organize personal imports, filed application rule, KTCL agency certification of quality or quality notification as follows: a) for vehicle, engine and have enough quality records in accordance KTCL, the Agency certified the quality of imports according to the corresponding template in annex IVa and IVb attached to this circular.
During the test, if the Agency KTCL received information from the manufacturer of the vehicle or the vehicle management agency official notification foreign vehicles subject to recall (recall) to repair, fix the errors, the Agency only KTCL certification of imported quality after personal imports, have written commitment accompanied by the text of the manufacturer or of the manufacturer's authorized confirmed imported cars have done repairs to fix errors and ensure safety.
b) for the car and the engine is not yet suitable regulations, national technical regulation, the Agency notification to organize, KTCL individuals overcome imports during the period of 30 days from the date of notification. So the time limit stated above, if the individual importing organizations not have remedy, KTCL notification does not reach the quality of imports according to the corresponding template in annex Va and Vb is included herewith.
Chapter 3.
The TERMS of the IMPLEMENTATION of article 7. The responsibility of the organization or individual to import 1. Responsibility for the accuracy and honesty of the documentary records were provided to the Agency KTCL.
2. the present status quo, the engine of the car to the Agency performing inspection, KTCL test at the venue has been agreed between the Agency and individual organization KTCL import.
3. Payment of charges and fees for the inspection, testing, certification of quality according to current rules.
Article 8. The responsibility of the Vietnam register 1. Guide the Organization, individuals importing in ensuring quality requirements of technical safety and environment protection for vehicle and engine imports.
2. Uniform issuing, management certificate.
3. Organizing the examination, testing the car and the engine according to the regulations, national technical regulation.
4. Guide the process of quality control of technical safety and environmental protection by this circular.
5. Collecting the revenues related to the inspection, the certification according to the current rules.
6. vehicle test records, import engine within a period of 3 years from the date of the certification.
7. Periodically the aggregate results check the quality of imported motor vehicles and the Department of transportation report.
Article 9. Effect 1. This circular has effect from January 1, 2013.
2. Abolish the following text: a) decision No. 57/2007/QD-BGTVT on November 21, 2007 by the Minister of transport issued the regulations on quality control of technical safety and environmental protection for motorcycles, motorcycle import and import engine used to produce Assembly, motorcycle, motorcycle;
b) article 1 of the circular of 29/2011/TT-BGTVT on April 15 in 2011 of the Minister of transport regarding the amendments and supplements to some articles of the regulations on quality control of technical safety and environmental protection for motorcycles, motorcycle import and import engine used to produce Assembly, motorcycle, motorcycle attached to decision No 57/2007/QD-BGTVT on November 21, 2007 by the Minister of transport and the provisions on quality control of technical safety and environmental protection in the production, Assembly of motorcycles, motorcycle attached to decision No. 58/2007/QD-BGTVT on November 21, 2007 by the Minister of Of transportation.
3. quality certificate has been issued before the effective date of this circular is still worth using.
4. In the case of documents, the document referenced in this circular have really changed, supplemented by new text shall apply.
Article 10. Organizing Chief, Chief Inspector, Director of the Service, the Director of the Vietnam register, heads of agencies, organizations and individuals concerned is responsible for the implementation of this circular.