Thông tư 45/2012/TT-BGTVT

CIRCULAR

ON THE INSPECTION OF THE TECHNICAL QUALITY, SAFETY, AND ENVIRONMENT PROTECTION IN THE P AND ASSEMBLY OF MOTORBIKES

Pursuant to the Law on Road traffic dated November 13^th 2008;

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

Pursuant to the Government's Decree No. 132/2008/NĐ-CP dated December 31^st 2008, detailing the implementation of a number of articles of the Law on Product and goods quality;

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

At the proposal of the Director of the Department of Science and Technology, and the Director of the Vietnam Register,

The Minister of Transport promulgates a Circular on the inspection of the technical quality, safety, and environment protection in the production and assembly of motorbikes.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular deals with the inspection of the technical quality, safety, and environment protection in the manufacture and assembly of motorbikes.

2. This Circular is not applicable to the motorbikes being manufactured and assembled serving the National defense and security of the Ministry of National Defense and the Ministry of Public Security.

Article 2. Subjects of application

This Circular is applicable to the premises that produce and assembly motorbikes and components thereof, the agencies, organizations, and individuals related to the test, inspection, and certification of the technical quality, safety, and environment protection.

Article 3. Interpretation of terms

The terms in this Circular is construed as follows:

1. Motorbikes are road motor vehicles prescribed in the National Technical Regulation QCVN 14 : 2011/BGTVT, on the technical quality, safety, and environment protection of motorbikes.

2. The systems are the transmission system, the suspension system, the braking system, the driving system, the electric system, the lighting and signal system, and the control system on the motorbike.

3. Components are the systems, the engine, chassis, and details used for assembling a motorbike.

4. Products are the motorbikes and components thereof.

5. Products of the same type are the products under the same industrial ownership, the same make, design, and specifications, being produced from the same technological line.

6. Type approval is the process of inspecting, testing, examining, assessing, and certifying the conformity of a type of products with current National Technical Regulation on the technical quality, safety, and environment protection.

7. Typical samples are the samples chosen by the producer to undergo tests.

8. The quality-inspecting agency: the Vietnam Register affiliated to the Ministry of Transport is the State agency in charge of organizing, managing, and inspecting the technical quality, safety, and environment protection of the products regulated by this Circular (hereinafter referred to as quality-inspecting agency).

9. Testing agency is a qualified agency appointed to test motorbikes and components thereof according to corresponding National Technical Regulation and relevant legal documents.

10. The producer is the enterprise that manufactures or assembles motorbikes and components thereof that has sufficient technical facilities as prescribed by current law.

11. Defective products are products that have defects during the design, production, and assembly, that pose a threat to the life and property of users, the safety and the environment of the community.

12. Product recall is an act of the producer in order to repair or replace the products of the batch or type of defective products, that have been sold on the market, with other products for the purposes of preventing the dangers that may arise due to the defects in the design, production, or assembly.

Chapter 2.

THE ORDER AND CONTENT OF THE INSPECTION OF THE TECHNICAL QUALITY, SAFETY, AND ENVIRONMENT PROTECTION

Article 4. Testing typical samples

1. The contents of inspection, testing, and certification are provided in Annex I enclosed with this Circular.

2. The producer shall send typical samples to the testing agency. The amount of samples is specified in the National Technical Regulations stated in Annex I enclosed with this Circular.

3. The samples shall be tested at testing agency.

a) The testing agency must test the typical samples in accordance with the process corresponding to the National Technical Regulation; make reports on the test results using the set form, and take responsibility for their test results;

b) If necessary, the quality control agency may supervise the test.

4. Managing the samples:

a) The testing agency and the producer must deposit and manage the samples so that they are not damaged by the environmental factors such as temperature, humidity, light, and they can be presented at the request of the quality control agency;

b) After the test is done and the test result report is made, the testing agency shall return the typical samples to the producer;

c) The producer must deposit the typical samples for at least 01 year as from the day the producer discontinue the products of the same type with the typical samples being deposited;

d) After the depositing period, the producer shall notify the quality control agency in writing, and handle such samples as prescribed by current regulations;

dd) The samples randomly taken by the quality control agency serving its annual assessment may not be deposited.

Article 5. The dossier of application for the type approval

The dossier of application for the type approval (hereinafter referred to as the dossier of application for approval) includes:

1. The application for approval of the components (except for imported CBU engines), comprising:

a) The registration sheet of specifications, enclosed with the technical drawing, demonstrating the sizes, materials, and pictures of the products; describing the symbols and numbers affixed to the products (if any);

b) The original test result report of the testing agency;

c) The description of the process of the manufacture, assembly and quality inspection;

d) The list of primary components used for assembling engines (if the products are engines) using the form in Annex II enclosed with this Circular.

The documents in Point b and Point c this Clause are exempted if the components imported from abroad has the copy of the Certificate of type approval, issued by a competent State agency of the country of origin, that is conformable with the current National Technical Regulation.

2. The dossier of application for approval of motorbikes includes:

a) The registration sheet of specifications according to the form in Annex III enclosed with this Circular;

c) The original motorbike test result report of the testing agency;

c) The description of the process of the product manufacture, assembly and quality inspection;

d) The method description and location of the chassis number according to the form in Annex IV enclosed with this Circular;

dd) The list of primary components used for assembling motorbikes according to the form in Annex V enclosed with this Circular;

e) The instruction on using the motorbike, including the specifications, the use of the equipment, and instruction on fire safety; the warranty note (specifying the conditions and the addresses of warranty premises);

g) The written certification that the enterprise meets the requirements for manufacturing or assembling motorbikes issued by a competent State agency, applicable to enterprises that manufacture or assemble motorbikes for the first time;

h) The written commitment of the producer that the type of products applying for the approval does not violate a protected industrial property right, and the enterprise is responsible for any violation as prescribed by law.

Article 6. Assessing the conditions for quality assurance of the producer

1. In order to maintain the quality of mass-produced products, the producer must:

a) Have a process and instruction on the production and quality inspection for each type of products, from the quality control of input components, quality control of each stage, to the control of the warranty and maintenance;

b) Have adequate testing equipment for each stage of production. The list of necessary equipment for inspecting the quality of finished motorbikes is provided in Annex VI enclosed with this Circular; such equipment must be tested and certified by the quality control agency;

c) Have technicians in charge of the finished motorbikes that have been issued with the appropriate certificate of quality inspection skills by the foreign producer (the technology transferor) or the quality control agency.

2. The quality control agency shall assess the conditions for quality assurance of the producer (hereinafter referred to as COP assessment ) based on the TCVN ISO/TS 16949 “Quality management systems - Particular requirements for the application of ISO 9001:2008 for automotive production and relevant service part organization” as follows:

a) The first COP is carried out when issuing the Certificate of technical quality and safety and environment protection to the product type;

b) The annual COP assessment is carried out annually;

c) Irregular COP assessment is carried out when the producer is suspected of violating the regulations related to the quality inspection, or when complaints about the product quality is made.

3. The similar product type without fundamental change in the process of production, assemble, and product quality inspection, may use the previous COP assessment results.

4. For imported components subject to compulsory inspection, if the COP assessment is not carried out, the Certificate of quality is only valid for each imported consignment.

Article 7. Issuing the Certificate of Type approval

The Certificate of Type approval (hereinafter referred to as the Certificate) is issued as follows:

1. The producer shall make and submit 01 dossier of application for type approval as prescribed in Article 5 of this Circular to the quality control agency directly or by post;

2. The quality control agency shall receive, examine the dossier, and request the producer to complete it if it is not complete as prescribed, or make an agreement on the time and location of COP assessment if the dossier is complete as prescribed;

3. The quality control agency shall examine the content of the dossier and carry out the COP assessment as prescribed in Clause 2 Article 6 of this Circular. If the result is not satisfactory, the producer shall be requested to make rectification. If the result is satisfactory, the Certificate shall be issued to the corresponding type, specified in Annex VIIa and VIIb enclosed with this Circular, within 05 days as from the dossier is completed, and the satisfactory result of the COP assessment is given.

Article 8. inspection during the production and assembly

1. The producer may only commence the production or assembly of a product after being issued with the Certificate for that product type, and must ensure that such products are consistent with the dossier of application for approval and the typical samples that have been tested and issued with the Certificate of Type approval. The producer is responsible for the origins and quality of their finished products.

2. Each mass-produced product must undergo the final quality inspection carried out by the producer (hereinafter referred to as final inspection) with or without the supervision from the quality control agency.

3. Final inspection supervised by the quality control agency.

a) The quality control agency shall supervise the final inspection (hereinafter referred to as supervise) at the factory of motorbike production or assembly in the following cases:

- The producer engages in such production or assembly for the first time;

- The producer violates the regulations related to the quality inspection, but not to an extent of having its Certificate revoke.

b) The supervision content is specified in Annex IX enclosed with this Circular. A supervision lasts for 06 months (with finished products) or until 2,000 products are produced, whichever comes first.

c) After the supervision, if the products quality is stable and the producer complies with the regulations on quality inspection, the quality control agency shall allow the producer to carry out the final inspection without the supervision as prescribed in Clause 4 this Article.

The product quality is considered stable if the ratio of unqualified products to the total number of supervised products:

- Does not exceed 5% during the entire supervision; or

- Does not exceed 10% in any month during the supervision

4. Inspection without supervision

a) The producers exempted from the supervision prescribed in Clause 3 this Article may carry out final inspection according to current regulations.

b) The quality control agency may carry out irregular inspection. If the irregular inspection shows that the producer violates the regulations on quality inspection, they shall have their Certificate revoked, or kept under the supervision prescribed in Clause 3 this Article, depending on the seriousness of the violations.

5. Based on the issued Certificate of Type approval and the final inspection, the producer shall receive the form of the Note of final inspection (according to the form in Annex VIII enclosed with this Circular) for each batch of production or assembly.

6. Based on the inspection results of each motorbike, the producer shall issue the Note of final inspection. The Note of final inspection must be signed and stamped by a competent person (a manager, deputy manager, or a person authorized in writing by the Director). The Note of final inspection is used for motorbike registration.

7. The finishing documents

The producer must makes the following documents for each finished product:

a) For the engine and chassis: The Note of final inspection;

b) For motorbikes: The Note of final inspection prescribed in Clause 6 this Article, the instruction, and the Note of warranty.

Article 9. Inspecting the quality of circulating products

1. The producer must ensure the quality of their products when selling them on the market.

2. Based on the plan and fluctuation of the product quality on the market , the quality control agency shall inspect the quality of the products being sold at the agents as follows:

a) Inspecting the conformity of the products to the dossier of application for approval;

b) Take samples for testing at the testing agency if the products show a sign of inconformity.

3. The result of inspecting circulating products is the basis for the quality control agency to request the producer to recall their products.

Article 10. Annual assessment and additional assessment of the Certificate

1. Annually, based on the demand of the producers, the quality control agency shall assess the issued Certificates as follows:

a) Carry out COP assessment as prescribed in Point b Clause 2 Article 6 of this Circular;

b) Take random samples of the products of the same type at the factory, test the samples at the testing agency according to the corresponding National Technical Regulation. The producer must send samples to the testing agency.

2. The producer must follow the procedure for additional approval when the National Technical Regulations on the certified products are changed, or the products are changed that affect the conformity of such product type to the corresponding National Technical Regulations. The producer shall additionally submit the following documents:

a) The documents about the change of their products;

b) The report on the result of the test on their products according to the new National Technical Regulations.

3. The certificate is void when:

a) Their products no longer satisfy the current National Technical Regulations, or are changed, not conformable with the application and the issued Certificate but the producer does not apply for additional approval as prescribed in Clause 2 this Article;

b) The producer seriously violates the regulations on the product quality inspection and the issued of the Note of final inspection.

c) The producer fails to recall their defective products as prescribed in Chapter III of this Circular.

The void certificates shall be notified to the producer and posted on the website of the quality control agency.

Chapter 3.

RECALLING DEFECTIVE PRODUCTS

Article 11. The products that must be recalled

1. The producer must recall the products that they produce or assemble in the following cases:

a) Their products violate the current National Technical Regulations of which the application to such products is compulsory.

b) The products threaten lives and property due to the technical defects in the design, production, or assembly;

c) They products may be dangerous in conditions though that have not caused any loss of life and property.

2. Based on the current National Technical Regulations, the information, and investigation results, the quality control agency shall make decisions on compelling the producer to recall their products.

Article 12. The order for product recall

1. For producers

When a technical defect of the products that have been sold on the market is discovered, the producer must:

a) Suspend the release of the products of the same type of the defective products;

b) Within 05 working days as from discovering the technical defects, the producer must send written request to their agents for stop selling the products of the same type of the defective products;

c) Within 10 working days as from discovering the technical defects, the producer must send written reports to the quality control agency on the detailed information about the reasons of technical defects, the remedial measures, the quantity of products to be recalled, and the specific plan for product recall;

d) The producer must announce the product recall on their official website or the mass media;

dd) Carry out the product recall in accordance with the requirements from the quality control agency as prescribed Point b Clause 2 this Article;

e) The producer must report the product recall according to the plan to the quality control agency at least every 03 months;

g) Within 30 working days as from finishing the recall, the producer must send written reports to the quality control agency on result of the recall;

h) The producer must incur all the costs of the product recall, including the transportation cost.

2. For the quality control agency

When a technical defect of the products that have been sold on the market is discovered, the quality control agency must:

a) Request the producer to send reports on the technical defects;

b) Request the producer in writing to send the remedial plan within 05 days, depending on the level of danger and urgency of the technical defects;

c) Promptly, adequately, and objectively post the information about the recalled products on the official website of the quality control agency;

d) Monitor the implementation of the recall of the producer according to the reported plan;

dd) Revoke the Certificate of Type approval of the defective products, if necessary, until the producer finishes the product recall as prescribed. If the producer fails to report the result of the recall after 03 months as from the last day of the recall, such Certificate of Type approval shall be permanently revoked.

Article 13. The responsibility of relevant organizations and individuals

1. The producer must:

a) Establish a quality control system and monitor the information about the customers that purchased such products in order to inform them if necessary;

b) Establish a system to collect the information about the product quality, analyze the technical defects, and deposit the relevant information;

c) Actively report the information about the technical defects. Cooperate and provide the necessary information during the investigation of the quality control agency;

d) Notify the necessary information about the product recall to the agents, customer service centers, and their customers;

dd) Carry out the product recall in accordance with this Circular.

2. The product owners must:

a) Report the technical defects that occur during the use to the producer and quality control agency;

b) Cooperate with the quality control agency during the investigation, and facilitate the product recall of the producer as prescribed.

3. The quality control agency must:

a) Guide the product recall in accordance with this Circular;

b) Compel the producer to comply with the regulations on product recall;

c) Provide accurate and sufficient information about the recalled products at the request of competent agencies;

d) Temporarily or permanently revoke the Certificate of type approval of the recalled products.

Article 14. Other requirements

1. If necessary, the quality control agency consult with expert about the danger of the technical defects in order to make necessary decisions.

2. The quality control agency is entitled to request the producer to pay the cost of the inspection, test, or examination of the defective products as prescribed.

3. The producers that violate there regulations might have their certification of all products suspended or terminated, depending on the seriousness of the violations.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 15. Responsibility of the Vietnam Registers

1. Guide the inspection prescribed in this Circular, based on the delegated functions and tasks.

2. Unify the issue, management, and guide the use of the Certificates and the forms of the Note of final inspection.

3. Announce the list of testing agencies serving the certification of technical quality, safety, and environment protection.

4. Organize periodic and irregular inspection of the quality assurance of the producers.

5. Summarize and report the result of the inspection of technical quality, safety, and environment protection of motorbikes to the Ministry of Transport.

Article 16. Responsibility of producers

1. Establish a quality control system in order to maintain the quality of mass-produced products.

2. Recall the defective products as prescribed in this Circular.

3. Cooperate with the quality control agency during the inspection of the product quality.

Article 17. Fees and charges

The quality control agency and the testing agencies may collect the fees in accordance with the current regulations of the Ministry of Finance.

Article 18. Effects

1. This Circular takes effect on January 01^st 2013.

2. The following documents are annulled:

a) The Decision No. 58/2007/QĐ-BGTVT dated November 21^st 2007 of the Minister of Transport, issuing the Regulation on the inspection of technical quality, safety, and environment protection of in the production and assembly of motorbikes;

b) Article 1 of the Circular No. 29/2011/TT-BGTVT dated April 15^th 2011 of the Minister of Transport, amending and supplementing a number of articles of the Regulation on the inspection of technical quality, safety, and environment protection of imported motorbikes and engines for motorbike production and assembly, promulgated together with the Decision No. 57/2007/QĐ-BGTVT dated November 21^st 2007 of the Minister of Transport, and the Regulation on the inspection of technical quality, safety, and environment protection in the production and assembly of motorbikes promulgated together with the decision No. 58/2007/QĐ-BGTVT dated November 21^st 2007 of the Minister of Transport.

3. The unexpired Certificates and Notes of final inspection issued before this Circular takes effect are still valid until they expire.

4. When the documents referred to in this Circular is changed or amended, the new documents shall apply.

Article 19. Implementation organization

The Chief of the Ministry Office, the Ministerial Chief Inspector, Directors of Departments, the Directors of the Vietnam Register, heads of relevant units, and individuals concerned are responsible for the implementation of this Circular.