Thông tư 19/2012/TT-BGTVT

CIRCULAR

ON THE WARRANTY AND MAINTENANCE OF IMPORTED OR DOMESTICALLY PRODUCED CARS

Pursuant to the Law on consumers’ right protection on November 17, 2012;

Pursuant to the Law on Road traffic on November 13, 2008

Pursuant to the Law on Product and goods quality on December 05, 2007;

Pursuant to the Government's Decree No. 51/2008/NĐ-CP on April 22, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Science and Technology Department;

The Minister of Transport promulgates the Circular on the warranty and maintenance of imported or domestically produced cars,

Article 1. Scope of regulation

1. This Circular provides for the warranty and maintenance of cars imported or domestically produced, assembled (hereinafter referred to as cars) for trading in Vietnam.

2. This Circular is not applicable to the production, assembly and importation of the following kinds of cars:

a. Cars temporarily imported for re-export, supportive cars, cars being property and means serving diplomatic organizations and individuals as prescribed by law; cars imported by organizations, individuals for personal use, not for trade;

b) Cars of the Ministry of National Defense, the Ministry of Public Security used for National defense and security;

c) Cars imported for special purposes;

d) Trucks, specialized cars newly produced from car chassis or other new cars.

Article 2. Subjects of application

This Circular is applicable to facilities that produce and assemble cars, traders that import cars or authorize the import of cars for trading in Vietnam (hereinafter referred to as factories and importers), the car warranty and maintenance workshops and relevant management agencies.

The factories are eligible facilities that produce and assemble cars as prescribed by current law provisions.

Article 3. The provisions on the warranty and maintenance of cars from factories and importers:

1. The factories and importers must disclose the documents about the regulations on car warranty and maintenance for the purchasers specifying the warranty and maintenance regulations for each kind of cars being sold;

2. The places for car warranty and maintenance must be situated at provinces and cities where the cars are produced or imported for trading;

3. The factories and importers may hire eligible maintenance and repair workshops to provide warranty and maintenance services for cars;

4. The car warranty and maintenance contents and period must comply with the provisions from the car producers;

5. When detecting imported cars with technical defects in the design or production, or violations of the current technical regulations and standards compulsorily applicable to such products, the importer must recall the products with technical defects as prescribed in Chapter III of the Circular No. 30/2011/TT-BGTVT on April 15, 2011 from the Minister of Transport on technical safety and quality and environment protection inspection during the production and assembly of motor vehicles.

Article 4. Minimum technical standards of the car warranty and maintenance workshops of factories and importers:

The car warranty and maintenance workshops of factories and importers must satisfy the minimum technical standards prescribed in Annex 1 of this Circular.

Article 5. Inspecting the Certificate of the car warranty and maintenance workshops of factories and importers:

1. The standard conformity inspection and assessment shall be carried out at the car warranty and maintenance workshops of factories and importers.

2. The basis for the assessment and inspection are the minimum technical standards of the car warranty and maintenance prescribed in Annex I of this Circular.

The car warranty and maintenance workshop that has been authorized by or has obtained the Standard certificate from the car producer may be exempted from the conformity assessment at the warranty and maintenance workshops of factories and importers.

Article 6. Procedures for issuing the Certificate to the car warranty and maintenance workshop of factories and importers

1. The application for the Certificate of the car warranty and maintenance workshop of factories and importers (hereinafter referred to as Certificate).

When applying for the Certificate, the factory, the importer (or the warranty and maintenance shop) must make 01 (one) dossier including:

a) The registration for the Certificate of car warranty and maintenance workshop under the form in Annex II of this Circular;

b) The copy of the Certificate of business registration for car maintenance and repair (in case the factory, the importer hires another maintenance and repair workshop to provide car warranty services for cars);

c) The power of attorney from the car producer about the car warranty and maintenance or the Certificate of standard qualification of the warranty and maintenance workshop form the car producer (if any).

2. The procedures for certifying the standard conformity of car warranty and maintenance shops:

a) The factory, importer (or the warranty and maintenance shop) must make the dossier as prescribed in Clause 1 this Article and send to the Vietnam Register directly or by post;

b) The Vietnam Register shall receive and check the dossier and give the time of execution if the dossier is sufficient and valid; carry out the conformity assessment at the warranty and maintenance workshop and issue the Certificate.  If the assessment results are unsatisfactory, the factory, the importer (or the warranty and maintenance shop) shall be notified for improvement;.

c) The factory, importer (or the warranty and maintenance shop) shall receive the Certificate at the Vietnam Register directly or by post (on demand);

3. Time limits for settlement

The Certificate shall be issued within 05 working days as from sufficiently submitting the dossier and receiving the satisfactory results of the standard conformity assessment at the car warranty and maintenance shop.

4. The Certificate shall be valid for 03 years as from its signing and shall be issued under the form in Annex III of this Circular. The expired Certificate shall be considered and reissued as prescribed in Clause 1, Clause 2 and Clause 3 this Article.

Article 7. Withdrawing the Certificate

The Certificate shall be invalidated and withdrawn in the following cases:

1. The factory, the importer seriously violate the provisions on car warranty and maintenance;

2. The factory, the importer fails to carry out car warranty and maintenance at the assessed and certified workshops;

3. The factory, the importer fails to recall products with technical defects, or the warranty and maintenance workshop fails to repair the products with technical defects under the authorization by the factory or the importer.

Article 8. Fees and charges

The agencies that carry out inspections and issue certificates are entitled to collect fees and charges as prescribed.

Article 9. Effects

1. This Circular takes effect on August 01, 2012. The Circular No. 43/2011/TT-BGTVT of June 09, 2011 from the Minister of Transport promulgates the Circular on the warranty and maintenance of imported cars is abolished.

2. The Certificates of car warranty and maintenance workshops being issued before this Circular takes effect are still valid until their expiry.

3. The roadmap for application:

a) For importers that import cars with 9 sears and under: As from this Circular takes effect;

b) For factories, importers that produce, import other kinds of completely built cars: As from January 01, 2013.

Article 10. Organizing the implementation

1. The Vietnam Register is responsible to receive the dossier, assess and issue the Certificate to car warranty and maintenance workshops of factories and importers nationwide.

2. The Chief of the Ministry Office, the Chief Ministerial Inspector, Directors of Departments, the Director of the Vietnam Register, heads of relevant agencies, organizations and  individuals are responsible to implement this Circular./.

ANNEX I

MINIMUM TECHNICAL STANDARDS OF CAR WARRANTY AND MAINTENANCE workshops (Promulgated together with the Circular No. 19/2012/TT-BGTVT on June 06, 2012 from the Minister of Transport)

1. General technical provisions

The car warranty and maintenance workshops of factories and importers must satisfy the minimum requirements of premises, equipment, tools and personnel stated under. In case the factory, the importer hires another maintenance and repair workshop to provide car warranty services for cars, such maintenance and repair workshop must possess the Certificate of business registration for car maintenance and repair.

2. Provisions on premises

2.1. The premises of car warranty and maintenance workshop include: The general premises and the workshop premises

2.1.1. The general premises include: The constructions (workshops, warehouses, management offices), internal roads, parking lots, tree planting areas, gates, fences fully provided with electricity, water, drainage system that ensure the safe traffic.

2.1.2. The workshop premises include the areas directly serving the car warranty and maintenance sufficiently equipped for relevant warranty and maintenance tasks of which the minimum area is 300 m².

The technical workshop must be firmly built with roof and gates convenient for the kinds of cars being provided with warranty and maintenance services.

3. The compulsory tasks of car warranty and maintenance workshops of factories and importers include:

3.1. Inspecting, maintaining the car parts: Engine, steering system, transmission system, kinetic system, electric system, air conditioning system;

3.2. Car painting and cleaning;

4. Provisions on equipment

4.1. The equipment and tools for inspection and measurement must be test and calibrated The transmission components must be safely covered.

4.2. The essential equipment includes:

4.2.1. For battery maintenance:

- Battery test equipment;

- Solution concentration measurement equipment;

- The battery charging set;

4.2.2. For car maintenance:

- The toolboxes for cars;

- The jack or trestle;

- The specialized tools for assembly and disassembly;

- Equipment for testing the electricity system;

- Equipment for testing the fuel system;

- Equipment for testing and maintaining the air conditioning system;

- Equipment for testing, diagnosing and assessing the general technical condition of the car ( diagnosing the condition of the engine, measuring the caster angle of driving wheels, testing brakes, lights);

- The water pump, air compressor, inflating tires and painting;

5. Provisions on personnel

5.1. The manager of the warranty and maintenance workshop must possess at least the intermediate diploma of car mechanics or equivalent with at least 5-year experience, or must be car mechanics with rank 5/7 or above.

5.2. The repairmen working in warranty and maintenance workshops must be trained and obtain the corresponding vocational training certificates.

5.3. The equipment users must be trained to use such equipment.

5.4. There must be at least 01 car mechanics with rank 5/7 or above or equivalent.

5.5. The inspection, assembly, calibration must be performed by car mechanics with rank 3/7 or above or equivalent.

5.6. The car testers must possess appropriate driving licenses.

6. Provisions on the environment

6.1. Having waste collecting and retaining system without affecting the environment;

6.2. Having measures for diminishing exhaust fume, limiting noise, light and heat that affect the surroundings;

6.3. Complying with the current provisions on fire and explosion prevention and fighting, labor safety and hygiene without affecting public traffic.

7. Provisions on vehicle quality after warranty and maintenance

7.1. Testing before release

After the warranty and maintenance, the vehicle parts and systems must work properly and functionally in accordance with the producer’s design. The car warranty and maintenance workshops are responsible to test the cars and ensure the above requirements.

7.2. Warranty and maintenance quality

The vehicles released after the warranty and maintenance must be issued with the Note of car release specifying the term, warranty conditions and post-service quality. The warranty term must not be shorter that 02 months or under 1,500 km of running distance as from the time of releasing.

7.3. Recording in the car warranty and maintenance book

The car warranty and maintenance workshops are responsible to record and save the data of the vehicles provided with warranty and maintenance services at their workshops on computers.

The saved data includes: The license number, the chassis number, the engine number, the defects, malfunctions repaired, the reception and release date. This information must be retained and only be discarded after 01 year as from the day the car is released.

ANNEX II

THE FORM THE CERTIFICATE OF CAR WARRANTY AND MAINTENANCE workshop OF FACTORIES AND IMPORTERS

(Promulgated together with the Circular No. 19/2012/TT-BGTVT on June 06, 2012 from the Minister of Transport)

THE APPLICATION FOR THE CERTIFICATE OF CAR WARRANTY AND MAINTENANCE workshop

1. General provision

Name of the factory, importer

1.2. Address:

1.3. Name of the car warranty and maintenance shop:

1.4. Address:

1.5. Investment license/business registration certificate                     Date of issue:

1.6. The kind of vehicle of warranty and maintenance:

1.7. Representative

1.8. Position:

1.9. Telephone                              Fax:                               Email:

2. Technical facilities

2.1. Workshop premises

2.1.1. Area of general premises for warranty and maintenance:

2.1.2. Ratio of roofed workshop area:

2.2. Warranty and maintenance equipment

2.3. Personnel

2.3.1. Manager of the warranty and maintenance shop:

- Professional grade:

- Experience (by year):

2.3.2. Repairmen working at the workshop

- Number of repairmen:

- Number of repairmen with appropriate vocational diplomas:

- Number of car mechanics with rank from 5/7 or above:

- Number of car mechanics with rank from 3/7 or above (that inspect, assemble, calibrate):

- Number of workers that possess driving licenses:

2.4. The system of vehicle quality management after warranty and maintenance

- The regulations on inspection before release (1)

- The regulations on service quality warranty (1).

- The regulations on recording in the car warranty and maintenance book (1).

Car factory, importer (or car warranty shop)
(Sign with full name)

Note: (1) In case the workshop already has the detailed regulations in writing or forms, printed sheet, the photocopies shall be enclosed.