Decree 60/2023/ND-CP: To promulgate regulations on recall of imported motor vehicles in Vietnam?
What are the new regulations on recall of imported motor vehicles in Vietnam?
The Government has issued Decree 60/2023/ND-CP on technical safety quality and environmental protection inspection and certificate of conformity from inspection for imported motor vehicles and imported parts and equipment of motor vehicles under the international agreements to which Vietnam is a signatory.
Accordingly, Article 8 of Decree 60/2023/ND-CP stipulates motor vehicles to be recalled include:
- Motor vehicles subject to recall of the manufacturer;
- Motor vehicles subject to recall of Inspection Body. The request for recall of motor vehicles by the Inspection Body must be made based on sound evidence, and verification results of reports on technical safety quality and environment protection of imported motor vehicles.
Decree 60/2023/ND-CP: To promulgate regulations on recall of imported motor vehicles in Vietnam?
What are the responsibilities of the importer on recall of imported motor vehicles in Vietnam?
Pursuant to Clause 2, Article 8 of Decree 60/2023/ND-CP stipulates as follows:
Recall of motor vehicles due to technical defects
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2. Responsibilities of the importer
If motor vehicles that have been placed on the market have technical defects that require a recall, the importer shall perform the following:
a) Within 5 working days from the date of receipt of the recall notice from the manufacturer or from the Inspection Body, the importer must notify in writing to the sales agent requesting them not to sell the motor vehicles that are subject to recall but have not been repaired;
b) Within 10 working days from the date of receipt of the recall notice from the manufacturer or from the Inspection Body, the importer must send the Inspection Body a notice stating: the reasons for technical defects; remedial measures taken; number of motor vehicles to be recalled; suitable recall plan;
c) Proactively implement and comply with the recall plan, and the importer must disclose the recall plan and the list of motor vehicles subject to recall on the websites of the importer and sales agents in a timely and comprehensive manner.
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Accordingly, if motor vehicles that have been placed on the market have technical defects that require a recall, the importer shall perform the following:
- Within 5 working days from the date of receipt of the recall notice from the manufacturer or from the Inspection Body, the importer must notify in writing to the sales agent requesting them not to sell the motor vehicles that are subject to recall but have not been repaired;
- Within 10 working days from the date of receipt of the recall notice from the manufacturer or from the Inspection Body, the importer must send the Inspection Body a notice stating: the reasons for technical defects; remedial measures taken; number of motor vehicles to be recalled; suitable recall plan;
- Proactively implement and comply with the recall plan, and the importer must disclose the recall plan and the list of motor vehicles subject to recall on the websites of the importer and sales agents in a timely and comprehensive manner.
What are the responsibilities of the Inspection Body on recall of imported motor vehicles in Vietnam?
Pursuant to Clause 3, Article 8 of Decree 60/2023/ND-CP stipulates as follows:
Recall of motor vehicles due to technical defects
...
3. Responsibilities of Inspection Body
a) Notify the importer in writing of the receipt of the recall plan and additional requirements for the recall program (if any);
b) Require the importer to perform the recall;
c) Post the information about motor vehicles to be recalled on their website;
d) Monitor and check if the importer complies with their recall plan;
dd) Suspend issuance of certificates of conformity to importers who fail to perform their responsibilities as prescribed in Clause 2 of this Article;
e) The Inspection Body shall consider stopping the inspection and issuance of certificates of conformity for motor vehicles of the same manufacturer if the importer could provide evidence that such manufacturer has not coordinated in the given recall plan;
g) For motor vehicles subject to recall that have not been issued a certificate by the Inspection Body, the Inspection Body shall notify the customs office where the import declaration is processed to authorize the importer to temporarily release the goods so that the importer can repair these vehicles. After the importer provides a list of motor vehicles that have been repaired according to the manufacturer's regulations, the Inspection Body shall continue to carry out inspection and certification procedures according to regulations
Accordingly, for the recall of motor vehicles, the inspection agency is responsible for notifying and suspending quality certification procedures for car importers who do not comply with the above responsibilities and regulations.
Decree 60/2023/ND-CP takes effect from October 1, 2023
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