What are cases of motor vehicles being recalled from October 1, 2023 in Vietnam?

What are cases of motor vehicles being recalled from October 1, 2023 in Vietnam? (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. What are cases of motor vehicles being recalled from October 1, 2023 in Vietnam?

Specifically, Clause 1, Article 8 of Decree 60/2023/ND-CP stipulates that 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.

2.  Responsibilities of the importer of motor vehicles to be recalled in Vietnam

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.

(Clause 2, Article 8, Decree 60/2023/ND-CP)

3. Responsibilities of inspection agencies regarding motor vehicles to be recalled in Vietnam

Pursuant to Clause 3, Article 8, Decree 60/2023/ND-CP, the responsibilities of Inspection Body include:

- Notify the importer in writing of the receipt of the recall plan and additional requirements for the recall program (if any);

- Require the importer to perform the recall;

- Post the information about motor vehicles to be recalled on their website;

- Monitor and check if the importer complies with their recall plan;

- Suspend issuance of certificates of conformity to importers who fail to perform their responsibilities as prescribed in Section 2;

- 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;

- 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

Decree 60/2023/ND-CP comes into force as of October 1, 2023 and applies to the following subject matters:

- With regard to parts and equipment: From the effective date of this Decree.

- With regard to motor vehicles: From August 1, 2025.

Ho Quoc Tuan

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