Quyết định 2557/2002/QĐ-BGTVT về việc kiểm tra chất lượng, an toàn kỹ thuật và bảo vệ môi trường trong sản xuất, lắp ráp các loại mô tô, xe gắn máy do Bộ trưởng Bộ Giao thông vận tải ban hành

DECISION

PROMULGATING THE REGULATION ON INSPECTION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION IN THE MANUFACTURE AND ASSEMBLY OF MOTORCYCLES AND MOPEDS OF ALL KINDS

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

Pursuant to the Land Road Traffic Law of June 29, 2001;
Pursuant to the Goods Quality Ordinance of December 24, 1999;
Pursuant to the Governments Decree No.22/CP of March 22, 1994 on the tasks, powers, State management responsibilities and organizational structure of the Ministry of Communications and Transport;
Pursuant to the Prime Ministers Decision No.38/2002/QD-TTg of March 14, 2002 on the management of manufacture, assembly and import of components of motorcycles;
Pursuant to the Prime Ministers Decision No.75/TTg of February 3, 1997 stipulating the tasks, powers and organizational structure of the Vietnam Registry;
At the proposals of the directors of the Science and Technology Department and the Legal Department, and the director of the Vietnam Registry,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on the inspection of quality, technical safety and environmental protection in the manufacture and assembly of motorcycles and mopeds of all kinds.

Article 2.- This Decision takes effect 15 days after its signing.

Article 3.- To annul provisions concerning the inspection of quality, technical safety and environmental protection applicable to products being motorcycles and mopeds defined in the regulations promulgated together with the Communications and Transport Minister’s Decisions No.2069/2000/QD-BGTVT and No.2070/2000/QD-BGTVT of July 28, 2000.

Article 4.- The chief of the Ministrys Office, the directors of the Science and Technology Department, the Legal Department, the Vietnam Road Administration and the Vietnam Registry, and the heads of the concerned units shall base themselves on their respective functions and tasks to guide, inspect and be responsible for the implementation of this Decision.

REGULATION

ON INSPECTION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION IN THE MANUFACTURE AND ASSEMBLY OF MOTORCYCLES AND MOPEDS OF ALL KINDS
(Promulgated together with Decision No. 2557/2002/QD-BGTVT of August 16, 2002 of the Minister of Communications and Transport)

1. General provisions

1.1. Scope and objects of application

1.1.1. This Regulation shall apply to the inspection of quality, technical safety and environmental protection in the manufacture and assembly of motorcycles and mopeds of all kinds.

1.1.2. Enterprises engaged in the manufacture and assembly of motorcycles and mopeds and components thereof as well as organizations and agencies involved in the quality testing, examination and certification shall have to comply with this Regulation.

1.2. Terms used in this Decision shall be construed as follows:

- Systems include transmission system, movement system, suspension system, brake system, driving system and electric system used on motorcycles and mopeds;

- Components include systems, engine, frame, assemblies of details and details used in the assembly of motorcycles and mopeds;

- Products include motorcycles, mopeds and components thereof;

- Products of the same type mean products of the same industrial property owner, identical in terms of mark, design and technical parameters and turned out with the same technology;

- Product type approval certification means the process of inspecting, testing, considering, examining, evaluating and certifying the conformity of a certain product type with the current quality, technical safety and environmental protection standards;

- Typical samples mean product samples chosen by manufacturing establishments according to regulations and sent to the testing establishments designated for the testing.

1.3. Quality control agency (hereinafter abbreviated to QCA): The Vietnam Registry under the Ministry of Communications and Transport is the agency performing the specialized State management over quality, technical safety and environmental protection of motorcycles and mopeds of all kinds; and responsible for organizing the inspection of products in terms of their quality, technical safety and environmental protection.

1.4. Testing establishments are units at home or abroad operating in the testing field and being examined, recognized and designated by the QCA to conduct the typical sample testing.

1.5. Manufacturing establishments are enterprises engaged in the manufacture and/or assembly of motorcycles, mopeds and components thereof, which satisfy all the conditions on material and technical facilities as prescribed by current law provisions.

2. Contents and order of inspecting quality, technical safety and environmental protection in the manufacture and assembly of motorcycles and mopeds of all kinds

2.1. Testing of typical samples:

2.1.1. Items which must be inspected and tested are specified in Appendix 1 to this Regulation. Assessment standards are those announced by the competent State agencies for compulsory application.

Results of the typical sample testing shall serve as basis for considering, evaluating, granting new certificates or reaffirming validity of the already granted certificates.

2.1.2. Manufacturing establishments shall have to forward typical samples to the designated testing establishments.

The number of to be-tested samples shall comply with the current regulations and standards.

2.1.3. The testing of typical samples must be conducted at the designated testing establishments.

The testing establishments shall have to test typical samples strictly according to the processes corresponding to the evaluation standards; make reports on testing results according to the set form and be responsible for their testing results.

In case of necessity, the QCA may directly supervise the testing.

The testing establishments shall have to keep testing samples as prescribed. There must be at least one sample kept for one product type.

2.2. Dossiers for registration of product type approval certification (registration dossiers)

To obtain approval certification for each product type, the manufacturing establishments shall have to make and submit one registration dossier set to the QCA:

2.2.1. A registration dossier for components comprises:

- Design drawing (particularly for engines manufactured according to designs and technologies transferred by foreign countries, this document is not required);

- Report on testing result (the original) of the testing establishment;

- Other documents: Photo of product; explanation of signs and numbers imprinted on product (if any); written registration of technical parameters made according to the set form.

For products being components imported from foreign countries, the manufacturing establishments shall be exempt from making the above-said dossier if they have copies of type approval certificates granted by the competent State agencies of the countries of origin to such products.

2.2.2. A registration dossier for motorcycles and mopeds comprises:

2.2.2.1. Designing dossier: Technical drawings, explanations and calculations.

For products being motorcycles and mopeds manufactured according to designs and with technologies transferred by foreign countries, the manufacturing establishments shall be exempt from making designing dossiers if they can supply the following documents:

- Copies of type approval certificates granted by competent State agencies of the countries of origin to such products;

- Foreign industrial property owners written certification that the products have the same quality with prototype products of the same type;

- General drawings of the products.

2.2.2.2. Report on the whole vehicle testing result (the original) of the testing establishment

2.2.2.3. Other documents:

- Photo(s) of the designed model, already registered goods label, written registration of technical parameters according to the set form;

- Explanation of technological solutions to ensure quality and technical safety of the products; result of the quality inspection by the manufacturing establishment of sample products in manufacturing and assembling processes;

- Written certification by the competent State agency that the enterprise is fully qualified for the manufacture or assembly of motorcycles and/or mopeds;

- Written certification by the Industrial Property Office under the Ministry of Science, Technology and Environment concerning industrial designs, copyright or trademarks;

- Explanation of methods and positions for imprinting frame and engine serial numbers;

- Copies of type approval certificates of components on the list of components subject to the compulsory inspection in Appendix 1 to this Regulation;

- Documents on use instructions.

2.3. Consideration, examination and granting of certificates

The QCA shall conduct the consideration, examination and granting of approval certificates as follows:

2.3.1. Considering and examining the compliance of dossiers with the current regulations and standards.

2.3.2. Considering and examining conditions for ensuring quality at manufacturing establishments according to the following contents:

- Technological solutions to ensure quality and technical safety of products; sample product-testing devices and technicians carrying out the testing; and testing results.

- Actual operation of the quality inspection systems of the manufacturing establishments.

For establishments manufacturing motorcycle and moped components, the examination of conditions to ensure the quality thereof shall be conducted only when the first product type is turned out.

2.3.3. The consideration and examination mentioned at Points 2.3.1 and 2.3.2 shall be effected within 15 days after complete and valid dossiers are received. If the examination results are satisfactory, the QCA shall grant type approval certificates to the manufacturing establishments according to the set forms with a valid duration of not more than one year. Annually, the QCA shall re-consider, re-examine and re-affirm the validity of approval certificates according to the provisions at Point 2.5.

If examination results are unsatisfactory, the manufacturing establishments shall be notified thereof in order to take remedial measures within a prescribed time limit. Past that time limit, dossiers shall be returned to the manufacturing establishments which shall later proceed with the registering procedures from the beginning.

2.4. Inspection in the mass manufacture or assembly process

2.4.1. Manufacturing establishments shall be allowed to conduct the mass manufacture or assembly of subsequent products after being granted approval certificates to such products types and must ensure that subsequent mass-manufactured products conform with the registration dossiers and already tested typical samples.

2.4.2. Manufacturing establishments shall have to furnish all inspection equipment necessary for each manufacturing stage strictly according to the current regulations. The minimum list of ex-factory quality inspection equipment is specified in Appendix 3. Annually, the QCA shall conduct the inspection of operation state of ex-factory quality inspection equipment.

2.4.3. Manufacturing establishments must have technicians who carry out the product quality inspection and are granted certificates of quality control qualification suitable to manufactured or assembled product types by foreign manufacturers or the QCA.

2.4.4. For components, the manufacturing establishments shall have to conduct the ex-factory quality inspection according to the current regulations and standards.

For vehicle engines and frames, the manufacturing establishments shall conduct the quality inspection before they are released from factories, make and issue ex-factory quality inspection slip for each product; and make random inspection as follows:

- For engines: Norms shall be inspected according to Vietnamese standards TCVN 6439:1998 and TCVN 6438:2001.

- For frames: Norms shall be inspected according to standard 22TCN 299-02.

Inspection results shall be stored in computers (together with the inspection time, inspectors, frame or engine serial numbers) for at least 3 years.

2.4.5. For motorcycles and mopeds, the manufacturing establishments shall have to conduct the quality inspection of each product before it is released from factory in strict compliance with the methods and the quality, technical safety and environmental protection norms under the current standards and make test runs on roads.

Manufacturing establishments shall make reports on inspection result for each motorcycle or moped lot according to the set form. The number of vehicles in a lot must not exceed 1,000.

Motorcycle or moped quality inspection results must be stored in computers (together with the inspection time, ex-factory ordinal number, frame and engine serial numbers, inspectors) for at least 3 years.

2.4.6. Basing themselves on already granted type approval certificates and already made report on inspection result for each vehicle lot, the manufacturing establishments shall receive ex-factory quality inspection slip corresponding to the quantity of such lot.

Basing themselves on each vehicles inspection result, the manufacturing establishments shall issue ex-factory quality inspection slips signed and sealed by the competent persons (the heads of such establishments, their deputies or immediate subordinates authorized in writing).

The above-said ex-factory quality inspection slips issued for motorcycles and mopeds shall serve the registration of such vehicles.

2.4.7. Ex-factory dossiers:

Manufacturing establishments shall have to make and issue to each product released from their factories the following documents:

2.4.7.1. For engines and frames:

- Ex-factory quality inspection slips;

2.4.7.2. For motorcycles and mopeds:

- Ex-factory quality inspection slips as prescribed at Point 2.4.6;

- Technical materials introducing properties and technical specifications of motorcycles and mopeds to serve the exploitation and use thereof;

- Product warranty (clearly stating the conditions and addresses of warranting establishments).

2.4.8. Manufacturing establishments shall be responsible for origin and quality of ex-factory products.

2.4.9. Examination of conditions of establishments manufacturing frames, engines, motorcycles and/or mopeds for ensuring quality in the mass manufacture or assembly.

To ensure quality of subsequent mass-manufactured frames, engines, motorcycles and mopeds, the QCA shall conduct annual examination of conditions for ensuring quality at manufacturing establishments.

Bases for the examination:

- Product quality dossiers kept at the manufacturing establishments;

- Report on testing results by the testing establishments for one product sample chosen at random by the QCA from products already inspected by the manufacturing establishment up to the quality standard;

- Actual operation of the quality control systems of the manufacturing establishments;

- Complaints of customers and comments of the concerned management agencies regarding product quality.

Results of the examination of conditions for ensuring quality shall serve as basis for the annual certification or withdrawal of type approval certificates.

2.5. Annual certification and withdrawal of type approval certificates

2.5.1. Annually, the QCA shall base itself on reports on output of products of the same type already manufactured in the year and written requests of manufacturing establishments to re-affirm the validity of type approval certificates. Particularly for frames, engines, motorcycles and mopeds, results of the examination of conditions for ensuring quality mentioned at Point 2.4.9 are required.

The re-affirmation of validity of certificates must be made within 15 days after valid and complete dossiers are received.

2.5.2. When examination regulations or standards change or when changes are made to products, thus affecting the conformity of such product types with the examination regulations or standards, the manufacturing establishments shall have to carry out the re-affirming procedures as for the first-time affirmation.

2.5.3. Approval certificates shall be withdrawn and invalidated when one of the following regulations is violated:

- Manufacturing establishments violate regulations concerning the assurance of quality and technical safety for the certified product types;

- Products cause danger to users due to failure to satisfy the quality, technical safety and environmental protection requirements;

- Results of the examination of the manufacturing establishments conditions for ensuring quality are unsatisfactory.

3. Other provisions

3.1. In the course of manufacturing and supplying their products onto the market, if detecting certain product types are not up to the quality, technical safety and environmental protection standards, thus causing danger to users, the manufacturing establishments shall have to take initiative in reporting such to the QCA and promptly take remedial measures; and at the same time apply remedial measures to products being manufactured and products being circulated on the market as well as those being in use.

3.2. The QCA shall have to:

- Organize the examination and recognition of the designated testing establishments and announce the list thereof.

- Guide in detail the contents of registration dossiers and report forms for each product type.

- Uniformly issue and manage ex-factory quality inspection slips for motorcycles and mopeds as mentioned at Point 2.4.6, and guide the use thereof.

- Organize periodical or extraordinary inspections of the quality assurance by manufacturing establishments; withdraw the already granted approval certificates from manufacturing establishments breaching the assurance of quality or technical safety of products or using ex-factory quality inspection slips not in compliance with regulations.

- Base itself on the assigned functions and tasks to guide in detail the implementation of this Regulation.

- Annually in January, sum up and report on the results of the preceding years quality, technical safety and environmental protection inspection to the Ministry of Communications and Transport.

3.3. The QCA and the testing establishments are entitled to collect charges according to the current regulations.

3.4. Approval certificates and ex-factory quality inspection slips already granted to products shall still be valid until the expiry of their use duration.

APPENDIX 1

ITEMS SUBJECT TO COMPULSORY INSPECTION AND TESTING FOR MOTORCYCLES AND MOPEDS
(Promulgated together with Decision No. 2557/2002/QD-BGTVT of August 16, 2002 of the Minister of Communications and Transport)

Notes: x: Applicable

-: Non-applicable

APPENDIX 3

MINIMUM LIST OF EX-FACTORY QUALITY INSPECTION EQUIPMENT COMPULSORY TO ESTABLISHMENTS ENGAGED IN MANUFACTURE OR ASSEMBLY OF MOTORCYCLES OR MOPEDS
(Promulgated together with Decision No. 2557/2002/QD-BGTVT of August 16, 2002
of the Minister of Communications and Transport)

---------------

This document is handled by Luật Dương Gia. Document reference purposes only. Any comments, please send to email: dichvu@luatduonggia.vn