Are domestically assembled cars exempt from emission testing if they have been issued with a factory quality inspection certificate in Vietnam?

Are domestically assembled cars exempt from emission testing if they have been issued with a factory quality inspection certificate in Vietnam?

Clause 2, Article 2 of Circular 33/2020/TT-BGTVT stipulates cases of exemption from emission testing and checking and continues to carry out inspection and certification procedures as follows:

2. Exemption from exhaust gas inspection and testing and continue to carry out inspection and certification procedures in the following cases:

a) Vehicles that have been issued with a certificate of factory quality inspection (cars manufactured or assembled domestically) or vehicles that have been granted certificates of technical safety and environmental protection for imported motor vehicles (imported vehicles) before the application of this Regulation;

b) Vehicles issued with the factory quality inspection certificate (vehicle manufactured and assembled domestically) after the application of this Regulation on the basis of the corresponding type certificate issued before the time of application of this Regulation but still in effect;

c) Types of vehicles manufactured or assembled from base vehicles that have been granted certificates of quality, technical safety and environmental protection before the application of this Regulation or new types of vehicles that have been certified from the base vehicle mentioned at Points a and b of this Clause.

According to the above regulations in Vietnam, vehicles that are issued with a factory quality inspection certificate are exempt from emission testing and inspection.

Therefore, it can be concluded that domestically assembled cars are exempt from emission testing if they have been issued with a factory quality inspection certificate in Vietnam.

How much is fine for driving cars that do not meet environmental regulations on emissions in Vietnam?

According to Article 16 of Decree 100/2019/ND-CP as amended by Clause 9, Article 2 of Decree 123/2021/ND-CP, providing for penalties imposed upon by operators of motor vehicles (including trailers or semi-trailers being towed) and the like violating regulations on roadworthiness of vehicles as follows:

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for operating a vehicle without a windshield or without an intact and functional one (for vehicles having a windshield).

2. A fine ranging from VND 300,000 to VND 400,000 shall be imposed for any of the following offences:

a) Operating a vehicle without adequate and functional headlamps, plate lamp, brake lamps, turn signals, windshield wipers, rear-view mirrors, safety belts, emergency equipment, fire fighting equipment, pressure meter, and speedometer (for vehicles required to have them), except for the offences specified in point m clause 3 Article 23 and point q clause 4 Article 28 of this Decree;

b) Operating a vehicle without a horn or without a functional one;

c) Operating a vehicle without a sound or smoke suppression device or a functional one or without one that meets environmental regulations on emissions and noise.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following offences:

a) Controlling a vehicle with additional lights at the front, the back, on top, underneath, on either or both sides of the vehicle;

b) Operating a vehicle with a steering system that fails to meet technical standards;

c) Operating a vehicle without sufficient wheels or tires; or the sizes of the wheels or tires do not fit or not comply with technical standards (including trailers and semi-trailers);

d) Operating a passenger-carrying motor vehicle with added or removed seats/beds or with dimension of its luggage compartment that fails to meet the technical specification written on the certificate of technical and environmental safety inspection for the vehicle.

4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following offences:

a) Operating a vehicle without a certificate of vehicle registration or using an expired certificate of vehicle registration (including trailer and semi-trailer);

b) Operating a vehicle (including trailer and semi-trailer) without a license plate (if required);

c) Operating a truck (including trailer and semi-trailer) with dimension of its trunk that fails to meet the technical specification written on the certificate of technical and environmental safety inspection for the truck;

d) Installing or using a horn the loudness of which is beyond legal limit on the vehicle.

5. A fine ranging from VND 3,000,000 to VND 4,000,000 shall be imposed for any of the following offences:

a) Operating a vehicle with a certificate of technical and environmental safety inspection or technical and environmental safety inspection stamp that has expired for less than 01 month (including trailer and semi-trailer);

b) Operating a vehicle without a decent or functional and conformable brake system (including trailer and semi-trailer).

6. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for any of the following offences:

a) Operating a vehicle with a license plate other than that specified in the certificate of vehicle registration or with a license plate that is not issued by a competent authority (including trailer and semi-trailer);

b) Using a certificate of technical and environmental safety inspection or stamp of technical and environmental safety or certificate of vehicle registration that is not issued by a competent authority or is falsified; using a certificate of vehicle registration on which the vehicle’s chassis or engine number is incorrect (including trailer and semi-trailer);

c) Operating a vehicle without a certificate of technical and environmental safety inspection or technical and environmental safety inspection stamp (if required, except for temporarily registered vehicles) or with one that has expired for 01 month or more (including trailer and semi-trailer);

d) Operating a vehicle without an adequate quantity of license plates or with an improperly positioned license plate; with a license plate on which the letters and numbers are not distinct; altering the letters or numbers on the license plates by paint or sticker or changing color of the letters, numbers and background of the license plates (including trailer and semi-trailer).

7. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed for any of the following offences:

a) Operating a temporarily registered vehicle beyond its temporary operational period; operating a restricted vehicle beyond its permissible operating area;

b) Operating a vehicle (including trailer and semi-trailer) beyond its maximum service life (if limited);

c) Operating an illegally manufactured or assembled vehicle on public road (including modified farm vehicle banned from traffic, trailer and semi-trailer being towed).

8. Apart from incurring fines, the violating operator shall incur the following additional penalties:

a) The offence(s) specified in point a, point b clause 3; clause 4; clause 5; point c clause 6; point a clause 7 of this Article shall lead to suspension of the driver’s license from 01 - 03 months;

b) The offence(s) specified in point a, point b clause 3; clause 4 of this Article shall lead to confiscation of additional lights and horns exceeding loudness limit;

c) The offence(s) specified in point a, point b clause 6 of this Article shall lead to confiscation of the certificate of technical and environmental safety inspection or technical and environmental safety inspection stamp, the certificate of vehicle registration or the license plate that is not conformable with regulations or is falsified; suspension of the driver’s license from 01 - 03 months;

d) The offence(s) specified in point b, point c clause 7 of this Article shall lead to confiscation of the vehicle (except for cases in which automobiles with 10 seats or more providing passenger transportation services whose service life exceeds regulations on business conditions of registered business form less than 20 years from the year of manufacture and automobiles with less than 10 seats providing passenger transportation services) and suspension of the driver’s license from 01 - 03 months;

dd) The offence(s) specified in point a clause 4, point b clause 6 of this Article in case of failure to have the certificate of vehicle registration or using the certificate of vehicle registration that is not issued by a competent authority, on which the vehicle’s chassis or engine number is incorrect or which is falsified (including trailer and semi-trailer) without any document proving the vehicle’s origin (no document concerning the transfer of vehicle ownership or document concerning the vehicle’s legal origin) shall lead to confiscation of the vehicle;

9. Apart from the penalties, the violator is compelled to:

a) Install equipment or replace equipment that meets technical safety standards or restore technical attributes of the equipment as prescribed if the offence specified in clause 1; clause 2; point b, point c clause 3; point c, point d clause 4; point b clause 5; point d clause 6 of this Article is committed;

b) Install equipment or restore technical attributes of the equipment or remove additional equipment installed against regulations if any of the offences specified in point a, point d clause 3 of this Article is committed.

According to the above regulations in Vietnam, the act of operating a car that does not meet environmental regulations on emissions will be fined from 300,000 VND to 400,000 VND. At the same time, it is forced to fully install equipment or replace equipment that meets technical safety standards or restore technical features of equipment according to regulations.

What is method of testing and checking emissions of newly assembled and imported vehicles in Vietnam?

According to the provisions of Subsection 3.1, Section 3 of the National Regulation QCVN 86:2015/BGTVT on methods of testing and checking emissions of newly assembled and imported vehicles are as follows:

3.1. Methods of testing and testing emissions of new and imported manufactured, assembled vehicles

New, imported and manufactured, assembled vehicles must be tested for emissions according to the current regulations of the Minister of Transport as follows:

- Circular No. 30/2011/TT-BGTVT dated April 15, 2011 stipulating quality inspection, technical safety and environmental protection in the production and assembly of motor vehicles;

- Circular No. 54/2014/TT-BGTVT dated October 20, 2014 amending and supplementing a number of articles of Circular No. 30/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport regulations on quality inspection, technical safety and environmental protection in the production and assembly of motor vehicles;

- Circular No. 31/2011/TT-BGTVT dated April 15, 2011 stipulating quality inspection, technical safety and environmental protection of imported motor vehicles;

- Circular No. 55/2014/TT-BGTVT dated October 20, 2014 amending and supplementing a number of articles of Circular No. 31/2011/TT-BGTVT dated April 15, 2011 of the Minister of Transport regulations on quality inspection, technical safety and environmental protection of imported motor vehicles.

The above are the legal regulations on methods of inspection and testing of emissions of newly manufactured, assembled and imported vehicles in Vietnam.

Best regards!