Circular 43/2009/tt-Bgtvt: Regulations On Maintenance, Automobile Maintenance Of Traders Importing Cars

Original Language Title: Thông tư 43/2011/TT-BGTVT: Quy định về bảo hành, bảo dưỡng xe ô tô của thương nhân nhập khẩu xe ô tô

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Pursuant to the law protecting consumer rights on November 17, 2010;

Pursuant to the law on road traffic, November 13, 2008;

Pursuant to the law of product quality, commodity on December 5, 2007;

Pursuant to Decree No. 51/2008/ND-CP dated April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;

The Minister of transportation regulations on maintenance, automobile maintenance of traders importing cars as follows: article 1. Scope 1. This circular regulations on warranty, maintenance for other types of imported cars new and used (hereinafter referred to as the cars) to do business in Vietnam.

2. This circular does not apply when importing the following cars: type a) cars to temporarily import, re-export, aid, the car is the property, means of serving the needs of the Organization, foreign individuals under the provisions of the law. The car of the organization or individual to use according to your own purposes, not business;

b) cars are imported for use in the the purpose of Defense, the security of the Ministry of defence, the Ministry of public security;

c) cars imported to perform the special purposes.

Article 2. The object that applies to this circular apply to import traders, entrust the imported cars to business in Vietnam (hereinafter referred to as traders importing) and the relevant management bodies.

Article 3. Regulations on maintenance, automobile maintenance of traders to import 1. Import traders to publish documentation for warranty, maintenance of automobiles for the buyer, which clearly warranty, car maintenance, address the base warranty and guaranteed to provide warranty service and maintenance for each type of vehicle sold;

2. Location of warranty, maintenance of minimum cars must be deployed in the province, the city, where traders import automobile business;

3. import traders can rent the facilities maintenance, repair of automobiles satisfy regulations to perform warranty service, maintenance of automobiles;

4. content of warranty, maintenance and automobile maintenance cycle performed as specified by the manufacturer of the cars.

Article 4. Minimum technical standards of facility maintenance, automobile maintenance of traders import facility maintenance, automobile maintenance of trader imports must meet the minimum technical standards specified in Appendix I of this circular;

Article 5. Check the certification basis of a warranty, maintenance of automobiles by traders to import 1. The examination of conformity assessment of standards implementation in the base warranty, maintenance of traders;

2. Pursuant to the test as the minimum technical standards of facility maintenance, automobile maintenance of trader imports specified in Appendix I of this circular;

3. The base case of warranty, maintenance of automobiles or authorized certificate satisfies the standard of maintenance facility, servicing of the automobile manufacturer, will be considered exempt job fit assessment done at the facility, maintenance and warranty of merchant importers.

Article 6. The procedure of certification premises maintenance, automobile maintenance of traders to import 1. Registration certificate of conformity standard warranty facility, maintenance of automobiles imported by traders (hereinafter referred to as the certificate).

To be certified, traders imported (or base warranty, maintenance) created the 1st registration profile (profile) include: a) A registration certificate of warranty, maintenance base cars according to the form prescribed in annex II attached to this circular;

b) A copy of business registration certificate trades maintenance, car repair (for the case of traders to import maintenance facility rental, repair perform warranty cars);

c) authorization of automobile manufacturers about the warranty, maintenance or verification to satisfy the base standard warranty, maintenance of the automotive manufacturer (if available).

2. Order certified to the standard base warranty, maintenance of automobiles a) traders to import (or base warranty, maintenance) to profile as specified in clause 1, article 6 of this circular and the submission directly or through the postal system to the Vietnam register;

b) Vietnam register to receive and examine, if adequate records according to the rules, the uniform time taken; conducting the inspection reviews the fit in the base warranty, maintenance and certification. The resulting case reviews are not yet satisfactory, then the notice to traders to import (or base warranty, maintenance);

c) traders to import (or base warranty, maintenance) receive a certificate at the Vietnam register directly or through the postal system (if requested).

3. The time limit for settling the certificate be issued within 5 working days from the date of submission of application the regulations and have the results of conformity assessment of standards in facility maintenance, warranty unsatisfactory.

4. The certificate is valid for the duration of 3 years from the date signed and granted according to the form prescribed in Appendix III of this circular. When the certificate expires will be reviewed again under the provisions of clause 1.2 and 3 of this Article.

Article 7. Revoked certificates certificate will expire and revoked in the following cases: a) the importing merchants serious breach of the rules relating to warranty, maintenance of automobiles;

b) import traders do not perform maintenance, automobile maintenance at the base have been evaluated, validated.

Article 8. Fees and agency fees management are collected revenues under the current rules.

Article 9. Effect 1. This circular has the effect after 45 days from the date of signing.

2. apply roadmap: a) for Traders importing cars from the plateau down: 9 seats From the day this circular effect;

b) for Traders importing cars the other resources types: from 01/07/2012.

Article 10. Implementation 1. Vietnam register has the responsibility of receiving records, reviews and certification for the import of traders on a national scope;

2. The 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.