Thông tư 46/2019/TT-BGTVT sửa đổi Thông tư 25/2019/TT-BGTVT quy định về kiểm tra chất lượng an toàn kỹ thuật và bảo vệ môi trường trong sản xuất, lắp ráp ô tô do Bộ trưởng Bộ Giao thông vận tải ban hành

CIRCULAR

AMENDMENTS TO A NUMBER OF ARTICLES OF CIRCULAR NO. 25/2019/TT-BGTVT DATED JULY 05, 2019 OF MINISTER OF TRANSPORT ON TECHNICAL SAFETY AND ENVIRONMENTAL SAFETY INSPECTION IN AUTOMOBILE PRODUCTION AND ASSEMBLY

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

Pursuant to Law on Products and Goods Quality of November 21, 2007;

Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 by the Government elaborating a number of Articles of the Law on Products and Goods Quality;

Pursuant to Decree No. 116/2017/ND-CP dated October 17, 2017 of the Government on the conditions for manufacture, assembly, import and trade of automobile warranty and maintenance services;

Pursuant to Decree No. 12/2017/ND-CP dated February 10, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Transport;

At the request of the Head of the Service of Science and Technology and Head of Vietnam Register;

Minister of Transport promulgates Circular on amendments to a number of Articles of Circular No. 25/2019/TT-BGTVT dated July 05, 2019 of Minister of Transport on technical safety and environmental safety inspection in automobile production and assembly.

Article 1. Amendments to Article 21 of Circular No. 25/2019/TT-BGTVT dated July 05, 2019 of Minister of Transport on technical safety and environmental safety inspection in automobile production and assembly

“Article 21. Transition clauses

1. With respect to the Type approval certificate, Design appraisal certificate and results of quality maintenance assessment:

a) Design appraisal certificates issued before August 25, 2019 used in order to satisfy procedures for issuance of Type approval certificates, designing facilities shall prepare dossiers only to add missing items relative to this Circular;

b) COP assessment results of components of the latest assessement session conducted between October 17, 2017 and August 25, 2019 exclusively shall be considered to be first-time assessment results;

c) COP assessment results of automobile products of assessment sessions conducted before August 25, 2019 shall be effective for 12 months from the date of assessment results deemed satisfactory to follow procedures of type approval. In case COP assessment are conducted after an enterprise is issued with the Certificate of eligibility to manufacture or assemble automobiles by Ministry of Industry and Trade as specified in Decree No. 116, results of the COP assessment shall be considered as first-time assessment results;

d) With respect to Type approval certificate for components issued for the first time between October 17, 2017 and August 25, 2019 exclusively on the basis of examination and testing against corresponding criteria in Vietnam, if an enterprise wishes to continue manufacturing or importing for automobile manufacture or assemble, prepares dossiers to add missing items as specified in Clause 1 Article 7 of this Circular and submits in person, postal services, website or other forms to quality control agencies. Within 02 working days from the date on which a complete dossier is received as per the law, quality control agencies shall issue a revised certificate to the enterprise, or explain in written form in case of rejection. The revised certificate shall be effective for 36 months from the date of issue of the first certificate or until effective date of newly issued or revised respective national technical regulations, whichever comes first. This certificate shall be used to complete procedures for examining, testing and certifying automobile types and manufacturing, assembling or importing. In case a component is used to manufacture or assemble an automobile type certified as unqualified as specified in Clause 1 Article 6 of Decree 116, test and certify type approval for that component according to corresponding national technical regulations in Vietnam;

dd) With respect to a Type approval certificate of automobile issued for the first time between October 17, 2017 and August 25, 2019 exclusively, if a manufacturing facility wishes to continue manufacturing or assembling that automobile type, prepares dossiers to add missing items as specified in Clause 2 Article 7 of this Circular and submits in person, postal services, website or other forms to quality control agencies. Within 02 working days from the date on which a complete dossier is received as per the law, the quality control agencies shall issue a revised certificate to the enterprise, or explain in written form in case of rejection. The revised certificate shall be effective for 36 months from the date of issue of the first certificate.

2. The Release record issued for automobiles before this Circulare comes into force and the Release record issued for automobiles as specified in Clause 1 of this Article are still valid for dealing with relevant issues.”.

Article 2. Entry into force and implementation

1. This Circular comes into force from December 27, 2019.

2. The Chief of the Ministry Office, the ministerial Chief Inspectors, the directors, the directors of the Vietnam Register, heads of agencies, relevant organizations and individuals are responsible for the implementation of this Circular./.

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