Can inspecting authorities conduct ad hoc inspections of the motor vehicle warranty/maintenance center in Vietnam?
Can inspecting authorities conduct ad hoc inspections of the motor vehicle warranty/maintenance center in Vietnam? What do cases of revocation of certificates of eligible motor vehicle warranty/maintenance center in Vietnam?
Hello, I am the owner of a car warranty/maintenance center, recently the authorities have inspected my garage without prior notice, so can inspecting authorities conduct ad hoc inspections? Please advise.
1. Can inspecting authorities conduct ad hoc inspections of the motor vehicle warranty/maintenance center in Vietnam?
Pursuant to Article 25 of Decree 116/2017/ND-CP stipulating periodic and ad hoc inspections and supervision of motor vehicle warranty/maintenance centers as follows:
1. Periodic and inspections and supervision
Inspecting authorities shall inspect traders having certificates of motor vehicle warranty/maintenance center throughout the country every 24 months.
2. Ad hoc inspections
The inspecting authority shall conduct ad hoc inspections of the motor vehicle warranty/maintenance center if:
a) The inspecting authority receives complaints about motor vehicle warranty or maintenance from customers of the motor vehicle warranty/maintenance center;
b) The inspecting authority receives information about violations against the provisions of this Decree or regulations on motor vehicle warranty or maintenance committed by the motor vehicle warranty or maintenance center;
c) Written requests made by law enforcement forces are given.
3. Assessment contents: The inspecting authority shall assess the operation of the motor vehicle warranty/maintenance center according to the registered and certified contents. Assessment contents shall be based on the figures assessed for the first time and previous years, the record on operation of the center (provided in the specimen No. 16 of Appendix II attached hereto) and the record on the change of the center (if any).
4. Inspection contents shall be made into a record. If any violation is found, the inspecting authority shall report to relevant competent authorities.
Thus, the competent authority, in addition to the periodic inspection, can also conduct an ad hoc inspection of the motor vehicle warranty/maintenance center in the cases specified above in Vietnam. Your car warranty/maintenance center when being inspected can ask the inspection team the reason for the ad hoc inspection as a basis to consider whether it is in accordance with the law or not.
2. What do cases of revocation of certificates of eligible motor vehicle warranty/maintenance center in Vietnam?
According to Clause 2, Article 26 of Decree 116/2017/ND-CP, cases of revocation of certificates of eligible motor vehicle warranty/maintenance center are as follows:
2. The certificate of eligible motor vehicle warranty/maintenance center shall be revoked if the trader:
a) provides wrong information or submits a fake application for the certificate;
b) leases out, borrows or falsifies the contents of the certificate;
c) ceases operation;
d) fails to fulfill the trading requirements specified herein;
dd) fails to provide motor vehicle warranty or maintenance services within 12 consecutive months from the issue date of the certificate;
e) fails to take all actions against the violations mentioned in Clause 1 this Article within 6 months from the day on which the certificate is suspended.
According to this Article, motor vehicle warranty/maintenance center in Vietnam will have its issued Certificate revoked when it falls into one of the above cases.
Best Regards!
