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 dated April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;
The Minister of transportation regulations as follows: chapter I GENERAL PROVISIONS article 1. Scope 1. This circular regulates the quality control of technical safety and environmental protection of motor vehicles are produced, assembled from the component parts are completely new or from the box chassis, completely new motor vehicles had not yet registered.
2. This circular does not apply to the following objects: a) motorcycle, motor b) motor vehicles are produced, assembled for use on defense purposes, security of the Ministry of defence, the Ministry of public security.
Article 2. The object to apply the business parts manufacturing, Assembly of motor vehicles and the organizations and agencies related to the management, inspection and testing of motor vehicles must implement this circular.
Article 3. Explanation of terms In this circular the terms below are interpreted as follows: 1. The motor vehicle is the type of motor vehicles operating on roads (except motorcycles, motorcycles) are defined in the ISO standard ISO 6211 and Vietnam, including police cars 7271 xi;
2. Cars police xi is a car in the form of semi-finished products, can move, cockpit or with no cockpit, no cargo tanks, no cabin, no specialized equipment;
3. The total into the engine, frame, cockpit, cargo tanks or car trunks or specialized equipment mounted on the vehicle;
4. The system is power transfer systems, motion systems, suspension, brake system, steering system, fuel system, electrical system, lighting system and signals;
5. are the components of the system, and the details are used to assemble vehicles;
6. is the product or parts of motor vehicles;
7. Products of the same type as the type of products that have the same characteristics as specified in annex I attached to this circular;
8. product type certification is the process of checking, test, review, evaluation and certification of conformity of a product with these standards, technical standards, regulation of the Ministry of transportation of the quality technical safety and environmental protection;
9. the typical Pattern is produced by the production base of choice as a rule to perform the test, experiment;
10. Production base is manufacturing business, assembled motor vehicles that qualify under the current rules;
11. The basis of the design is the organized practice of business motor vehicle design services according to the current regulations;
12. quality management (QUALITY MANAGEMENT Agency) is the Vietnam register directly under the Ministry of transportation;
13. the test facility is the Organization, individuals, foreign operations in the field testing of components or vehicles are QUALITY MANAGEMENT agency reviews and approves;
14. Product Engineering is a product of errors during design, manufacture, Assembly is capable of causing danger to the life and property safety of the user as well as the bad influence to safety and the environment of the community;
15. Recalled products is the Act of production base for the products in batch, the type of product that they have provided to the market in order to repair, replacement parts or replace it with another product to prevent the dangers can occur due to an error in the design process , manufacture, assemble the product.
Chapter II PROVISIONS on QUALITY CONTROL of TECHNICAL SAFETY and ENVIRONMENT PROTECTION article 4. Design profile 1. Profile design of motor vehicles include: a) demonstration vehicle engineering design (original) as specified in section A of annex II attached to this circular;
b) technical drawing (original) as specified in section B of annex II attached to this circular;
c) parameters, technical features of the overall import system, related to content design (certified copies or certified copies of design basis).
2. Free created design profile: for the motor vehicle manufacturing, and Assembly as designed and branded commodities of foreign production facilities are exempt from the record-setting if the design provides the following alternative documents: a) General layout drawings of products;
b) A copy certified by the certificate production premises are competent State agencies abroad gives the type of products;
c) text technology transfer party endorse products are manufactured, assembled in Vietnam are quality products that fit the prototype.
Article 5. Design 1. Profile design of motor vehicles must be HUST Evaluation Agency.
2. Evaluation design is the consideration, checked the content of the profile design products with the standards, technical standards, regulation of the Ministry of transport for motor vehicles in order to ensure that the products are manufactured, assembled to meet the quality requirements of safety engineering and environmental protection.
3. With regard to the profile of design QUALITY MANAGEMENT agencies, carry the certification design according to the form prescribed in annex III attached to this circular.
4. Design records following the certification evaluation design, will be transferred to each organ of the Organization after 1 (one): the basis of design, production and storage facility in QUALITY MANAGEMENT Agency.
5. additional, modifying a design dossier) in case of change, additional product design compared with the profile design has been appraised, the manufacturing or product design that should have text and additional design profile, modify the QUALITY MANAGEMENT evaluation agency recommended additional content , to modify it.
b) design basis must file new design if these additions, edits do not meet the requirements for the same product type specified in annex I attached to this circular.
6. a design evaluation procedures) order:-base design, manufacturing facility (for cases eligible for product design) created the 1st record suggest design according to the regulations and submitted directly or through the postal system to the Vietnam register.
-Vietnam register to receive and check the profile component: If the record is incomplete according to the Regulations Guide complete base; If the full profile as specified, the written appointment time charged design evaluation results.
-Register Vietnam conducted the evaluation design: Profile If the profile design is not yet satisfactory, then proceed with additional messages, modify; If the profile design meet the requirements, the certification evaluation design.
b) practices: the basis of submission of proposal design and get results directly in Vietnam register Office or through the postal system.
c) profile design proposals include:-01 text proposal evaluation design (original);
-12 profile design (as defined in clause 1 article 4);
-01 business registration certificate of the design basis (for the case of the first design of the design basis) which clearly functions business practice of motor vehicle design (certified copies or certified copies of design basis).
d) time limit to solve: the time limit for the evaluation design profile and certificate design: slow for 15 days from the date of the application under the rules.
Article 6. Typical sample test 1. The categories and subjects are tested, the test specified in annex IV attached to this circular.
2. The basis of the test specimen testing conducted according to the standards, technical standards, regulation of the Ministry of transport for motor vehicles; reporting of test results and take responsibility for the results of his experiment. Where necessary, the QUALITY MANAGEMENT agencies can directly supervise the test.
Article 7. Product inspection record 1. Inspection of records (subject to the check specified in annex IV attached to this circular) include: a) reported the results of testing components;
b) technical drawing of the product; A sign specifications according to the respective standards, standards;
c) product shots; A presentation of symbols, the number of plays on the product (if available);
d) A description of the process of production technology and quality control of products.
2. test records of motor vehicles include: a) reported test results about the quality of technical safety and environmental protection standards, technical standards, regulation of the Ministry of transport for motor vehicles.
b) record QUALITY MANAGEMENT agencies design appraisal or alternate documents prescribed in paragraph 2 of article 4 of this circular;
c) photographs of designs; A sign specifications according to the form prescribed in Appendix V attached herewith;
d) statistics the total production system in the country and imports used to produce, assemble the product according to the form prescribed in Appendix VI attached herewith;
DD) for imported components list to check the regulations in annex IV attached to this circular, the production base, assembled motor vehicles must provide a certified copy of a production facility in the following documents:-the text of the foreign organization domestic, import components confirmation was checked under the agreement or the agreement of mutual acknowledgment that Vietnam join signed;
-The certificate by the competent foreign authorities confirm the type of component types to satisfy the respective ECE Regulations of the United Nations;
Report-test results of test facility which confirm the components satisfy the standard, current technical regulation of Vietnam.
e) A description of the manufacturing process technology, Assembly and quality control of products;
g) A presentation method and location of the engine number, chassis number closed;
h) manual document and product warranty.
3. product inspection records must be stored in QUALITY MANAGEMENT Agency and production facilities for at least 2 years from the time of production facilities ceased production, the Assembly of the type of products that have been certified.
Article 8. Reviews of conditions of quality control at production facilities 1. To ensure the maintenance of the quality of the products of mass production, production facilities need to perform the following operations: a) build process and guidance quality control for each type of product from the quality control of the input components, quality control on each stage to control the warranty maintenance;
b) fitted to the control equipment necessary for each stage of production. List the minimum equipment necessary to perform the quality control of marketed vehicles are specified in annex VII attached herewith; every year, the quality control device must be factory-QUALITY MANAGEMENT agency check and confirm the active status;
c) Have the technician responsible for the quality of the marketed products are foreign manufacturers (technology transfer side) or QUALITY MANAGEMENT professional certification test the quality consistent with the type of products manufactured, assembled.
2. QUALITY MANAGEMENT Agency perform reviews of conditions to check product quality at the production facilities according to the following method: a) the first review is done when the certificate prescribed in article 9 of this circular;
b) annual reviews are performed periodically each year;
c) one-time assessment made when production facilities signs breach the regulation relating to the quality control of or when there are complaints about the quality of the product.
The content reviews of conditions to check product quality in manufacturing is done on the basis of ISO/TS 16949 "specific requirements for the quality management system of enterprises manufacturing, Assembly of motor vehicles and motor vehicle parts".
3. for the same product type, no fundamental change of the test process QUALITY MANAGEMENT agency only performs reviews quality control conditions for the type of product type first.
Article 9. Quality certification technical safety and environmental protection 1. QUALITY MANAGEMENT agency based on the profile check products according to the provisions of article 7 and the report results evaluating the condition of product quality control in the manufacturing facility as specified in paragraph 2 of article 8 of this circular to the certification of the quality of technical safety and environmental protection (referred to as the certificate) for the product types according to the same model the application set forth in annex VIII, attached to this circular.
2. the certification procedure: a) order:-production base establishment inspection pursuant to the provisions in article 7 of this circular and the submission directly or through the postal system to the Vietnam register.
-Vietnam register to receive and check the profile component product test: If the record is incomplete according to the Regulations Guide complete production facilities; If the full profile as specified, the unity of time and place made reviews of conditions to check product quality at the production facility.
-Vietnam register proceed to check the content of records and perform reviews of conditions to check product quality in the manufacturing facility as specified in paragraph 2 of article 8 of this circular: If not satisfactory then announced to complete production facilities; If the certification.
b. how performed: manufacturing the filing test and receive the results directly in the Vietnam register Office or through the postal system;
c) component, the number of records: 1 the product test records as defined in paragraph 1; item 2 article 7 of this circular.
d) time limit to solve: the certification deadline: within 5 days of full test record as specified and results evaluation quality control conditions in production facilities meet the requirements.
Article 10. Check out the production process, Assembly of series 1. After the products are certified, manufacturing production, conduct quality control throughout the production process, product Assembly and must ensure this standard products, technical standards such as product test profile and typical form is certified.
2. Production facilities are responsible for the source, origin, the quality of the products marketed.
3. Each product series production must be the basis of the production factory quality control (test marketed) in one of two forms-check factory have the supervision of QUALITY MANAGEMENT agency or self test: a) check the factory has QUALITY MANAGEMENT Agency's supervision.
QUALITY MANAGEMENT Agency monitoring the implementation check factory (supervision) in the production base, motor vehicle Assembly, freight or vehicles are assembled from components in the following cases:-the first production facility of production, Assembly of motor vehicles;
-Production facilities have an unstable product quality. Product quality is considered unstable if the ratio between the number of unsatisfactory products, to review and monitor the total number of products to be monitored as follows: + 5% greater than the calculated for both the monitoring phase or + 10% greater than the calculated for one month to any of the monitor.
-Production base in violation of the provisions pertaining to quality control but not yet to the point of having to revoke the certificate.
The monitoring content are specified in annex IX attached to this circular. The time of a monitor is 6 months (having marketed products) or 500 products depending on factors would come first.
After the monitoring, if the product quality is stable and production facilities make rules related to quality control will be imposed form of self test marketed as defined in point b of this paragraph.
b) self test marketed The production facilities must not monitor specified in point a of this paragraph be made factory inspection according to the current rules.
QUALITY MANAGEMENT bodies can check. If irregular test result shows the production base in violation of the provisions related to the quality control of the products depending on the level of violation will be revoked certificates or to apply a form of monitoring as specified in point a of this paragraph.
3. the factory profile for the motor vehicle a) for motor vehicles have been certified and have to report test results, monitoring of plots the car made, production facilities are receiving embryos factory quality control votes (according to the form prescribed in annex X attached to this circular) corresponding to the number of plots.
Based on the test results of each product, the production facility-level quality control factory votes (the votes issued) for motor vehicles. Votes issued by authorized person (Chief level, deputies or direct subordinates are authorized in writing by the head of the manufacturing base) sign, stamp.
Factory-level votes for motor vehicles mentioned above refers to the procedure of registration of motor vehicles.
b) production facilities are responsible for setting and levels for each vehicle produced the following profile:-factory Coupon as defined in point a of this paragraph;
-The documentation used in the specifications and instructions for use of the safety equipment of the vehicle;
-Warranty product in which clearly the conditions of warranty and maintenance base address.
c) production facilities are responsible for the reporting and transmission of data related to the inspection of the car factory to QUALITY MANAGEMENT Agency.
Article 11. Revoked certificates certificate will expire and revoked in the following cases: 1. When the product is no longer satisfies the rules, standards, current technical regulation or change products, does not match the certificate already granted;
2. the results of reviews of conditions of product quality inspection shows production base in serious violation of regulations regarding the inspection of product quality and production level of votes;
3. Production facilities do not perform recalled product technical specifications as defined in chapter III of this circular.
Chapter III PROVISIONS on DEFECTIVE PRODUCTS RECALL Techniques 12. Products must summon the production facility must summon the products produced, assembled in the following cases: 1. The product violates the rules, standards, current technical regulation required applies to object to that product;
2. The product danger of life and property due to technical errors in the design process, construction;
3. products though not yet causing loss of people and property, but through the process of using can be dangerous in certain conditions.
QUALITY MANAGEMENT Agency will base according to the rules, standards, current technical regulation, the information, the results of the investigation to review and enforce decisions recalled products.
Article 13. Recalled products 1. For the production base: case of discovered defects of the products sold on the market, manufacturers need to perform the following tasks: a) pause for marketed products of type product type technical errors;
b) in time not exceeding 5 working days from the date of discovery of the bug, the production facilities must be notified in writing to the sales agents asked to halt the supply of products of the same kind of faulty engineering market;
c) In less than 10 working days from the date of discovery of the bug, the production base is sent to QUALITY MANAGEMENT agency report in writing details of the cause of the technical error occurs, the remedy, the number of products are recalled and plans to summon;
d) during the period not exceeding 5 days from when it received QUALITY MANAGEMENT agency plans about the summons, the production base will be announcing the results of this plan approval. The recalled products have to comply with the requirements of this notice;
DD) production facilities must report at least 3 months the implementation of the planned product recall;
e) after not more than 30 days after completion of the summons, the production facilities must report in writing about the results of the summons to the QUALITY MANAGEMENT Agency;
g) production facilities must bear all expenses related to the recalled products including shipping costs.
2. for QUALITY MANAGEMENT agency cases discovered defects of the products sold on the market, QUALITY MANAGEMENT agency needs to perform the following tasks: a) require the production of reports on the basis of information relating to technical errors;
b) based on the level of danger and urgency of technical error to have specifically requested in writing on remediation of production facilities within not more than 5 days;
c) information about the product being recalled on electronic information page of the official QUALITY MANAGEMENT Agency in a timely way, fully and objectively.
d) monitor the implementation of the planned production facility summons announced;
temporary withdrawal) certificate of the product until the technical production facility complete the summons of products according to the regulations. Within 3 months from the last day to make the summons that production facilities had no report on the completion of the summons, the aforesaid types type certificate will be revoked permanently and naturally takes effect.
Article 14. The responsibility of agencies, organizations, individuals 1. The production facility has the following responsibilities: a) established the quality management system and track information about customers to buy products to information when necessary;
b) set the system to collect information on the quality of the product, analysing the technical error and store relevant information;
c) initiative full report information related to the technical error. In the process of QUALITY MANAGEMENT of investigation agencies must cooperate fully and provide the necessary information when requested;
d) informed the necessary information relating to the summons for dealers, service stations and customers;
DD) made according to product recall requirements of this circular.
2. Organizations and individuals possessing the means have the following rights and responsibilities: a) announcements about technical errors appear when used for production facilities and QUALITY MANAGEMENT Agency;
b) full cooperation with the Agency QUALITY MANAGEMENT in the process of investigating and facilitating the production of prescribed products recalled.
3. QUALITY MANAGEMENT Agency is responsible: a) the Guide made the recalled product herewith;
b) required the implementation of the provisions on product recall;
c) information correctly, fully and fairly on products are recalled at the request of the competent authority;
d) temporary or permanent revocation of the certificate of the type of products are recalled.
Article 15. Other requirements 1. In case of need, QUALITY MANAGEMENT agency can requisition the experts to assess the level of danger of the technical failure to be able to take the necessary decisions.
2. QUALITY MANAGEMENT Agency has the right to require manufacturers to pay the expenses related to the inspection, testing, or inspection of technical product as specified.
3. The production base in violation of regulations, depending on the level of violation can be paused or terminate the certification for all products.
Chapter IV EFFECT article 16. Effect 1. This circular effect after 45 days from the date of signing and repeal decision No 34/2005/QĐ-BGTVT dated July 21, 2005 of the Minister of transport.
2. The certificate issued is valid votes, was granted before the date of this circular in force still had value to the end of the term of use.
Chapter V IMPLEMENTATION article 17. The Agency's QUALITY MANAGEMENT responsibility 1. Based on the functions and tasks assigned, check the guidance set forth in this circular;
2. Uniform issuing, management and usage instructions for the certificate and casts the votes issued;
3. Announcement lists the facilities tested do experiment components, motor vehicles for the service quality certification technical safety and environmental protection;
4. Inspect, inspect periodically or irregularly for the implementation of quality control of production facilities;
5. Organizing the examination, testing of imported components in the category to check, test prescribed in annex IV attached to this circular when there are doubts about the quality;
6. General results to perform quality control of technical safety and environmental protection for the motor vehicle to periodically report the Ministry of transportation.
Article 18. The responsibility of the production facilities 1. Construction of quality management system to ensure the maintenance of the quality of the products of mass production;
2. implementation of the responsibility to summon the faulty technical products under the provisions of this circular;
3. full cooperation with the Agency in the process of QUALITY MANAGEMENT inspection, checking on the quality of the product.
Article 19. Fees and charges: QUALITY MANAGEMENT and agency testing facility is collecting the revenues under the current rules of the Ministry of finance.
Article 20. 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.