According to regulations, imported vehicles into Vietnam must undergo procedures for quality, safety, technical, and environmental certification. In relation to this matter, on August 16, 2023, the Government issued Decree No. 60/2023/ND-CP concerning the inspection and certification of the technical safety and environmental protection of imported automobiles and components under international agreements of which Vietnam is a member ("Decree 60").
Specifically, Decree 60 applies to completely built-up automobiles of type M1 as specified in point a, clause 1, Article 1 of the EVFTA Agreement (hereinafter referred to as "Automobiles"), and components (constituents, systems, and parts) not yet used from automobiles as specified in points a and b, clause 1, Article 1 of the EVFTA Agreement (hereinafter referred to as "Components") imported into Vietnam.
Decree 60 provides various noteworthy provisions related to documentation and the procedure for registering inspections for the aforementioned Automobiles and Components, as follows:
1. Documentation for inspection registration
The documentation required for inspection registration of imported automobiles and components includes:
a. Application for quality, safety, technical, and environmental inspection registration (in the prescribed format).
b. Information sheet for imported motor vehicles/imported components (in the prescribed format).
c. Type Approval Certificate (VTA for imported automobiles/TA for imported components).
d. Certificate of Conformity (COP) issued to the automobile/component manufacturer.
e. Certificate of Origin (C/O).
f. Commercial invoice with a list of goods.
g. Import customs declaration.
h. Original Certificate of Manufacture issued for each motor vehicle (applicable to imported automobiles only).
i. VIN (Vehicle Identification Number) decoding document from the vehicle manufacturer (applicable to imported automobiles only).
2. Submission of documents
a. Only vehicle types and newly imported components into Vietnam are required to submit the complete set of documents listed in Section 1 above.
b. For vehicle types that have been issued a Certificate of Conformity ("Certificate") in accordance with Decree 60, importers are not required to submit the following documents: Type Approval Certificate (VTA), COP documents issued to the vehicle manufacturer, and the VIN decoding document from the vehicle manufacturer.
c. For component types that have been issued a Notice of Exemption from quality, safety, and technical inspections for imported components ("Exemption Notice") in accordance with Decree 60, importers are exempted from initiating the inspection registration process. However, on a 12-month periodic basis, they must report the import status of these component types to the inspection authorities as specified.
d. Electronic submission of documents through the National Single Window is the preferred method, and paper documents are only submitted in exceptional cases.
3. Implementation timeline: A minimum of 6 working days from the date of document submission.
4. Cases of inspection refusal: These include:
a. Cases where the vehicle or component poses a threat to safety or the environment.
b. Cases where the importer fails to present the vehicle for inspection for the previous batch and more than 15 days have passed since the inspection registration was initiated (except for exceptional circumstances).
5. Recall of vehicles with technical defects
The regulations regarding the recall of vehicles with technical defects under Decree 60 are similar to those for cases of imported vehicles not complying with the EVFTA Agreement as stipulated in Circular 03/2018/TT-BGTVT. However, the responsibilities of the importers of vehicles with technical defects under Decree 60 are somewhat reduced. Specifically, importers of vehicles with technical defects are not required to provide regular reports every 3 months to the inspection authorities or submit evidence demonstrating that the vehicles have been repaired and the defects have been rectified (for vehicles subject to recall that have not yet been issued a quality certificate). Instead, they are only required to fulfill the following responsibilities:
a. Notify in writing all sales agents not to sell vehicles subject to recall that have not been rectified.
b. Submit written reports to the inspection authorities with the following information: the reasons for the technical defects, corrective measures, the number of vehicles to be recalled, and an appropriate recall plan.
c. Actively adhere to the recall plan and disclose information about the recall plan and the list of vehicles to be recalled on the importer's website and that of the sales agents.
Decree 60 is effective from October 1, 2023. The provisions related to imported components are applicable from the effective date of this Decree. The provisions related to imported vehicles will be applicable from August 1, 2025. Components and vehicles imported prior to the effective date of this Decree are not subject to its provisions.
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