Thông tư 73/2014/TT-BGTVT

CIRCULAR

ON INTRODUCTION OF NATIONAL TECHNICAL REGULATION ON VEHICLE TRACKING DEVICES

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

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

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Government's Decree No. 127/2007/ND-CP dated August 01, 2007 detailing a number of articles of the Law on Technical regulations and standards;

Pursuant to the Government’s Decree No.86/2014/ND-CP dated September 10, 2014 on auto transportation business conditions;

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

Upon request of the Director of the Department of Science and Technology,

The Minister of Transport hereby issues this Circular on introduction of national technical regulation on vehicle tracking device.

Article 1.The national technical regulation (QCVN 31: 2014/BGTVT) on vehicle tracking device is issued together with this Circular.

Article 2. This Circular enters into force from April 15, 2015 and replaces the Circular No.08/2011/TT-BGTVT  dated March 08, 2011 by the Ministry of Information and Communications on introduction of the National Technical Regulation on vehicle tracking device (QCVN :31/2011/BGTVT.)

Article 3. The Chiefs of Ministerial Offices, Chief Inspectors, Directors and Director General of Directorate for Roads of Vietnam, Directors of the Vietnam Register, Directors of Departments of Transport of provinces and centrally-affiliated cities(hereinafter referred to as “province”), Heads of organizations and relevant entities shall be responsible for implementing this Circular./.

QCVN 31:2014/BGTVT

NATIONAL TECHNICAL REGULATION ON VEHICLE TRACKING DEVICE

Foreword

- QCVN 31: 2014/BGTVT is compiled by the Drafting Board of National Technical Regulation on Vehicle tracking device, assessed by the Ministry of Science and Technology and submitted to the Minister of Transport for issuing together with Circular No.73/2014/TT-BGTVT dated December 15, 2014.

- QCVN 31: 2014/BGTVT replaces the QCVN 31: 2011/BGTVT.

INDEX

Foreword

1. GENERAL PROVISIONS

1.1 Scope of governing

1.2. Subjects o application

1.3. Interpretation

1.4. Abbreviations

2. SPECIFICATIONS

2.1. Operating function

2.1.1. Status notification function

2.1.2. Driver identification function

2.1.3. Warning function

2.1.4. Data recording and storing function

2.1.5. Data transmission to host PCs

2.1.6. Setting

2.1.7. Data extraction via ports connecting with computers

2.2. Hardware

2.3. Software

2.4. Data security

2.5. Power supply

2.6. Provision on installation of vehicle tracking device

3. MANAGEMENT

3.1. Management and certification of vehicle tracking device

3.1.1. Requirements for sale of vehicle tracking devices on the markets

3.1.2. Requirements for vehicle tracking device testing agencies

3.1.3. Procedures for certification of conformity to vehicle tracking device

3.2. Requirements for IT product compatibility

3.3. Product labeling

3.4. Responsibilities of relevant entities

3.4.1. Responsibilities of vehicle tracking device testing agencies

3.4.2. Responsibilities of entities manufacturing, assembling and importing vehicle tracking device

3.4.3. Responsibilities of means of transport for business

3.5. Implementation organizations

3.6. Transitional provisions

3.7. Applicable documents

Appendix A: Code for transmitting data from vehicle tracking device to computers via data analyzers

Appendix B: Statistics on vehicle tracking device data on host computers.

Appendix C: Specifications of card readers and driver identification cards

Appendix D: Vehicle tracking device testing methods and requirements  

Appendix DD: Registration for testing and certification of conformity of vehicle tracking device

Appendix E: Application form for certification of conformity with QCVN 31: 2014/BGTVT to vehicle tracking device

Appendix G: Applictaion form for testing vehicle tracking device under QCVN 31: 2014/BGTVT

Appendix H (a): Certificate of conformity to QCVN 31:2014/BGTVT on manufacturing and assembling vehicle tracking device

Appendix H (b): Certificate of conformity with QCVN 31:2014/BGTVT in import of vehicle tracking device

Appendix I: vehicle tracking device CR and relevant information

NATIONAL TECHNICAL REGULATION ON VEHICLE TRACKING DEVICES

1. GENERAL PROVISIONS

1.1 Scope of governing

This Regulation stipulates basic specifications of vehicle tracking device mounted to cars on which vehicle tracking devices are required as prescribed by the Government’s regulations on transportation business.

1.2. Subjects of application

This Circular applies to entities engaging in manufacturing, assembling, importing, testing and certifying, managing and using vehicle tracking devices.

1.3. Interpretation

For the purpose of this Regulation, terms herein shall be construed as follows:

1.3.1. Vehicle tracking device is a digital device fitted to any car that automatically records, stores and transmits compulsory information related to the itinerary.

1.3.2. Intinerary is determined by the points of departure, destination, road routes, pick-up points and rest stop that means of transport goes through.

1.3.3. Speed limit is the maximum permissible speed at which road vehicle legally travels on particular stretches of road.

1.3.4. Instantaneous speed is the actual speed at a particular instant in time measured by a speedometer.

1.3.5. Over speed limit occurs when a vehicle travels at a speed exceeding the legal speed limit for at least 20 consecutive seconds.

1.3.6. Continuous driving time is the period of time during which a driver continuously operates a vehicle without any minimum 15-minute break or stop.

1.4. Abbreviations

DTE: Data Terminal Equipment

GPS: Global Positioning System

GPRS: General Packet Radio Services

GSM: Global System for Mobile Communications 

2. SPECIFICATIONS

2.1. Functions

Every vehicle tracking device shall have the following basic functions:

2.1.1. Status notification function

Every vehicle tracking device shall be able to perform self-check function (at starting stage and during operation) and display operation status such as GSM connection, GSM connection problem, memory status, login, and logout on the screen or via light indicators.

2.1.2. Driver identification function

Vehicle tracking devices shall be able to record the coordinate, date and time of login and logout by drivers and shall identify drivers, login and logout status. Drivers shall log in or log out only when the means of transport is parked or stopped.

Driver’s information shall be recorded in vehicle tracking devices and transmitted to the host computer.

2.1.3. Warning function

Every vehicle tracking device will be able to alert drivers with alarming sound at not less than 65 dB (A) with the frequency of 60-120 warnings/minute when it detects an event from 10 cm away in the following cases:

- In case of over speeding, the warning sound will repeat until the speed is adjusted lower or equal to the speed limit.

- The warning sound shall repeat at least 05 minutes before round 04 hours of continuous driving time, until the car is parked or driver logs out.

2.1.4. Data recording and storing function

Vehicle tracking devices shall be able to record and store the following basic information in data memory:

a) Itinerary

The itinerary (including time, coordinate and speed) shall be recorded in every 30 maximum seconds if the car is operated, and every maximum 15 minutes if the car is parked.

b) Speed

The information on simultaneous speed will be transmitted via a port connected the vehicle tracking device to the computer or via host computer at anytime during the operation.

Speed is expressed in km/h. The speed scale of a vehicle tracking device varies from 0 km/h to at least 150 km/h with the resolution of not exceeding 01 km/h.

The tolerance in speed measurement by vehicle tracking device is of ± 3 km/h.

c) Drivers’ information

Information on working time , starting and ending coordinates, name of the driver, his/her driving license and license plate number and continuous driving time of each driver .

d) Frequency of parking and/or break and duration of parking and/or break

Coordinates, time and duration of parking and/or break during the itinerary.

2.1.5. Data transmission to host computers

Data specified in item 2.1.4 shall be transmitted to the host computer in every maximum 30 second if the car operates, and every maximum 15 minutes if the car does not, for storage, monitoring and management as stipulated in regulations of laws. In case of loss connection to the host computer, the vehicle tracking device shall re-transmit the complete recorded data in chronological order (or send the former recorded data and current data at the same time) to the host computer as soon as the connection works.

2.1.6. Setting

The following parameters shall be set in advance in vehicle tracking devices:

+ License plate number;

+Pulse coefficient /km (if pulse-based speed measurement equipment is used);

+ Speed measurement methods;

+Speed limit;

+Date of installation and repair.

The facilities manufacturing, assembling and importing vehicle tracking devices shall be responsible for the security of setting.

2.1.7. Data extraction

Every vehicle tracking device will be connected with a computer via COM (DB9-Male, DTE) at the speed of 115.200 bps, 08 bit, non parity, 01 stop bit by protocol prescribed in Appendix A attached hereto.

2.2. Hardware

Every vehicle tracking device shall be covered with hard shell, ensure the normal operation and do not change or loss any recorded data. A vehicle tracking device shall include:

+A microchip;

+ Light indicators, a display and speaker or horn

+Driver cards and readers as per Appendix C attached hereto;

+ A GPS receiver;

+ A GSM transceiver;

+ A real-time clock synchronized with GPS and adjusts to the local time in Vietnam;

+ At least a RS 232 port (DB9-Male, DTE);

+ Data memory with the sufficient capacity for storing data specified in item 2.1.4 for at least the last 30 days

2.3. Software

The software will run on Microsoft Windows- compatible PCs, Vietnamese shall be used.

The software shall have the following features:

+ Online monitoring: Display the  position of vehicles on digital map, license plate number, current driver’s information ( name of driver and his/her driving license), number of violations against speed limits, number of parking and/or breaks and duration of parking and/or break, continuous driving time and total daily driving time of that driver;

+Data access and management: facilitate data access, search, tabulation, reporting and statistics as stipulated in the Ministry of Transport’s regulations on provision, management and use of data collected from vehicle tracking devices. The statistics report shall be made by using Appendix B attached hereto;

+ Vehicle tracking device status notification: display the current status (normal operation of loss of connection for exceeding 30 minutes) of devices fitted to vehicles   

2.4. Data security

It shall ensure that data recorded in vehicle tracking devices and host computers is unerased and unreplaceable during the retention period.

Data shall be stored in the host computer for at least 01 year.

2.5. Power supply

Vehicle tracking devices run on the power of the automobiles. Vehicle tracking devices run on the power at the voltage corresponding to the automobile’s nominal voltage and are capable of withstanding the reversed polarity as presented in the Table 1 hereof.

Table 1. Nominal voltage and test voltage of vehicle tracking devices

2.6. Installation of vehicle tracking devices on automobiles

Vehicle tracking devices shall be installed at positions where their indicators are visible to drivers. Every dashboard shall have ports, vehicle tracking device manual and activity modes as stipulated in item 2.1.1 hereof.

Where a vehicle tracking device is installed at a position invisible to drivers, the following devices shall be fitted to the dashboard: ports, vehicle tracking device manual and light indicators which can repeat activity status as stipulated in item 2.1.1 hereof

Every vehicle tracking device manual shall indicate:

+ Vehicle tracking device supplier's telephone number and mailing address;

+ Instructions on login and logout;

+Signals indicating the operation status.

+ How to connect vehicle tracking devices to PCs.

3. MANAGEMENT

3.1. Management and certification of vehicle tracking devices

3.1.1. Requirements for sale of vehicle tracking devices on the markets

Only vehicle tracking devices which are labeled, affixed with CR and certified conformable are eligible for sale on the market, and those vehicle tracking devices shall undergo the control of competent authorities.

Procedure for certification of conformity shall be conformable to section 3.1.3 hereof.

3.1.2. Requirements for vehicle tracking device testing agencies

Every vehicle tracking device testing agency shall:

+ Obtain a certificate of testing service registration under the Circular No.08/2009/TT-BKHCN dated April 08, 2009 by the Minister of Science and Technology on application and procedure for registration for practicing in conformity assessment and Circular No.10/2011/TT-BKHCN dated June 30, 2011 by the Minister of Science and Technology on amendment and supplement to a number of Articles of the Circular No.08/2009/TT-BKHCN dated April 08, 2009;

+Have proper facilities, standard equipment and procedures available to fulfill testing requirements as stipulated in Appendix D attached hereto;

+ Apply the quality control system which is conformable to TCVN ISO/IEC 17025:2005 or the equivalent;

+ Have the capacity examined and assessed by the Ministry of Transport and be appointed under the Circular No.09/2009/TT-BKHCN dated April 08, 2009 by the Minister of Science and Technology on requirements and procedure for  appointment of conformity assessing agencies and Circular No.11/2011/TT-BKHCN dated June 30, 2011 by the Minister of Science and Technology  on amendment and supplement to a number of provisions of the Circular No.09/2009/TT-BKHCN dated April 08, 2009 on requirements and procedure for  appointment of conformity assessing agencies. The appointment shall be valid for 03 years from the date on which the appointment decision is signed.

3.1.3. Procedures for certification of conformity to vehicle tracking devices

Certification of conformity of vehicle tracking devices shall be carried out in accordance with the Circular No.28/2012/TT-BKHCN dated December 12, 2012 by the Minister of Science and Technology  on declaration of conformity and methods of assessment of conformity to technical regulations and standards ( hereinafter referred to as “Circular No.28/2012/TT-BKHCN) and relevant regulations of laws. To be specific:

a) Domestically manufactured and assembled vehicle tracking devices:

Method 4, Appendix II attached to the Circular No.28/2012/TT-BKHCN shall apply. The procedure for registration and certification of conformity shall follow Appendix D and Appendix DD attached hereto.

b) Vehicle tracking device shipments:

Method 7, Appendix II attached to the Circular No.28/2012/TT-BKHCN shall apply.  Sampling and testing of imported vehicle tracking device shipment shall be carried out as stipulated in the Appendix D and Appendix DD attached hereto. The quantity of samples collected from a shipment shall be corresponding to the quantity of vehicle tracking devices in that shipment. To be specific:

- A shipment containing 100 vehicle tracking devices: 02 samples;

- A shipment containing between 100 and 500 vehicle tracking devices inclusive: 03 samples;

- A shipment containing exceeding 500 vehicle tracking devices: 05 samples;

The procedure for testing vehicle tracking device samples shall be conformable to Appendix D attached hereto. All samples shall pass the test to be considered conformable. If any one of these samples fails to meet any 01 criterion or more, another sample shall be taken. In case any sample fails to pass the second test, the whole shipment shall be considered unconformable and shall not be entitled to undergo another test.

The test results released by the conformity assessment agencies are the basis for issue of certificate of conformity. The certificate of conformity which is certified via 07 methods shall be effective to each certified shipment as indicated by the registered serial number.

c) Imported vehicle tracking device shipments whose representative samples are exempted from testing if:

+ Vehicle tracking devices in those shipments are in the same type and are manufactured by the same manufacturer in the same year with the shipment certified conformable (according to the customs declaration) and imported by the same importer.

+There are documents certifying that the foreign manufacturer apply the ISO 9001:2008 quality control system and the equivalent.

The Directorate for Roads of Vietnam shall consider exempting eligible shipments from typical sample tests and granting the certificate of conformity to such shipments.

Where any shipment eligible for exemption from sample testing having any signs of poor quality, the Directorate for Roads of Vietnam shall carry out tests on samples of such shipment for certification of conformity as stipulated in point b of this section.

d) Vehicle tracking device samples which are measured, tested and certified conformable shall be stored in the testing agency and Directorate for Roads of Vietnam. To be specific:

+ 01 sample shall be stored in the testing agency for 06 months from the date of issue of testing results.

+ 01 sample shall be restored in the Directorate for Roads of Vietnam for 1 year from the date of issue of the certificate of conformity to the imported shipment and for 03 years from the date of issue of the certificate of conformity to the domestically-manufactured and/or assembled vehicle tracking device. After the sample retention period, the Directorate for Roads of Vietnam shall return retained samples to the facility manufacturing, assembling and importing vehicle tracking devices.

Applicants shall retain their applications for certification of conformity for at least 03 years from the date of issue of the certificate of conformity to vehicle tracking device models or shipments.

3.2. Requirements for IT product compatibility

Before a vehicle tracking device is certified conformable, certification of conformity of GMS data terminal equipment is required as stipulated by the Ministry of Information and Communications.

3.3. Product labeling

Product label shall be directly affixed, printed or carved on the product or package at visible positions. A label shall shows:

- Name of product and serial number;

- Name of the manufacturer and importer that is responsible for the product quality and their telephone number;

- Date of manufacture;

- Applicable voltage;

- Origin of product.

CR presented in Appendix I hereof shall be printed on product package and attached manuals and shall be attached to vehicle tracking devices at visible positions. CR shall be designed and painted with same color which is recognizable, unerased and undetachable.

3.4. Responsibilities of relevant entities

3.4.1. Responsibilities of vehicle tracking device testing agencies

Duly comply with Article 20 of the Law on Quality of Goods and Products and other relevant provision of laws.

Measure and test vehicle tracking device samples as stipulated in Appendix D attached hereto.

Issue the certificate of measurement and testing results to facilities manufacturing, assembling or importing vehicle tracking device on the basis of vehicle tracking device sample testing results which satisfy requirements herein.

Participate in control experiment and inspection for vehicle tracking device quality control upon request of the Ministry of Transport and Directorate for Road of Vietnam.

3.4.2. Responsibilities of entities manufacturing, assembling and importing vehicle tracking devices

Provide sufficient facilities, equipment and personnel to maintain vehicle tracking device installation services as prescribed by the Law on Goods and Products Quality-related regulations. To be specific:

+ Carry out certification of conformity to vehicle tracking device models in accordance with this Regulation;

+ Provide product warranty, take responsibilities for product quality and ensure installation and maintenance of vehicle tracking devices during the warranty period;

+ Have measuring equipment used for manufacturing vehicle tracking device and quality control periodically calibrated under regulations on calibration of measuring equipment;

+ Every manufacturing and assembly facility shall introduce the manufacturing process and quality control procedure according to the actual assembling and processing stage.

+Every manufacturing and assembly facility shall retain records of imported countries or origin of main components (microchips, GPS module, GMS modules, and data memory);

+Every importer shall retain customs documents on origins of imported vehicle tracking devices; contracts for import of vehicle tracking device shipment and address of overseas manufacturing and assembling facilities;

+ the manufacturing and assembling facility shall assign ( or outsource under processing contract)  at least 1 staff to take charge  of a relevant job such as hardware design, software design, warranty services, customer services under employment contracts. Such assigned staff shall have relevant certificates or qualifications;

+ Meet requirements for data transmission from the host computers connecting with vehicle tracking devices to the Directorate for Roads of Vietnam in accordance with regulations on provision, management and use of vehicle tracking device data;

+ Submit reports to the Directorate for Roads of Vietnam prior to updating or changing firmware. The facility manufacturing or importing vehicle tracking devices shall seal the firmware file on CD or USB   and enclose reports herewith.

+ Comply with provisions of the Law on consumers’ right protection, the Law on Product and goods quality and other relevant regulations of laws.

3.4.3. Responsibilities of owners of means of transport for business purposes

Only vehicle tracking devices whose models are certified conformable and attached with product label and CR are installed on means of transport for business purpose.

Vehicle tracking devices shall be installed as stipulated in section 2.6 hereof.

Every owner of means of transport for business purpose shall be responsible for maintaining vehicle tracking devices during operation of means of transportation under the management.

Every owner of means of transport for business purpose shall update functions of installed vehicle tracking devices in accordance with provisions hereof.

3.5. Implementation organizations

3.5.1. Directorate for Road of Vietnam

a) Give instructions, implement, manage and issue the certificate of conformity to vehicle tracking devices manufactured, assembled and imported in accordance with this Regulation.

b) Provide data analysis software for measurement, inspection and testing activities carried out by functional authorities.

c) Submit the list of facilities manufacturing, assembling and importing vehicle tracking devices whose model has been certified conformable already to the Ministry of Transport.

3.5.2. Departments of Science and Technology

a) Take charge of and cooperate with relevant agencies in provision of advices about designating testing agencies for the Minister of Transport.

b) Make the list of qualified testing agencies and facilities manufacturing, assembling and importing vehicle tracking devices whose model has been certified conformable publicly available on the Ministry of Transport’s website.

c) Inspect compliance with this Regulation.

3.6. Transitional provisions

3.6.1. The certificate of conformity issued to vehicle tracking device models/shipments manufactured, assembled and imported under QCVN 31: 2011/BGTVT shall remain effective until the expiration date stipulated on the certificate. Since the effective date of this Regulation, every facility manufacturing, assembling and importing vehicle tracking devices shall update the functions of vehicle tracking devices which are certified conformable as prescribed hereof in accordance with this Regulation prior to installation.

3.6.2. The owners of means of transport for business purpose on which vehicle tracking devices certified conformable to the QCVN 31: 2011/BGTVT installed before April 15, 2015 shall update the functions of such vehicle tracking devices as stipulated herein before December 31, 2017.

3.7. Applicable documents

In case any standard, regulation and law referred to this Regulation is modified, supplemented or replaced, the new one shall prevail. /.