the Government of Vietnam has just promulgated Decree 87/2016/ND-CP stipulating the conditions for the motorcycle and moped helmet business.
According to Decree 87/2016/ND-CP, from July 1, 2016, helmets produced, imported, or distributed must meet the technical regulations and quality management regulations in the national technical standards to ensure user safety. Furthermore, the decree specifies the following characteristics for counterfeit helmets:
- Helmets that have the appearance of helmets but do not have the utility or functions of helmets as prescribed by the current national technical standards;- Helmets that infringe on intellectual property rights;- Helmets with counterfeit labels or packaging that imitate the names and addresses of other businesses;- Helmets that counterfeit product names or commercial trademarks;- Helmets with labels or packaging bearing fake instructions regarding the origin of the goods or place of manufacture;- Helmets that counterfeit or illegally use certification marks of conformity on product quality.
Also according to this Decree, individuals and organizations registering for helmet business must meet the following specific conditions:
For helmet manufacturing:
- The enterprise must be established in accordance with the law;- A quality management system built and applied that meets the requirements of the national standards TCVN ISO 9001 or the international standard ISO 9001;- Have at least one technical staff member with a degree in science or engineering from an intermediate or collegial level or higher;- Adequate facilities and technical infrastructure: workshops, production equipment, quality control equipment.
For helmet importation:
- The enterprise must be established in accordance with the law;- Must implement quality management measures according to the national technical standards for imported helmets before customs clearance.
For helmet distribution:
- The enterprise must be established in accordance with the law;- Business households must register their business in accordance with enterprise registration regulations;- Agencies and retail stores selling helmets must have specific locations and clear addresses; must have signs clearly stating "Helmet Retail Store" or "Helmet Agency" for motorcycle and motorbike riders, either affixed or hung at a conspicuous position at the front exterior of the Agency or Store.
Through the above regulations, enterprises currently engaged in helmet production must review their conditions and complete the procedures for obtaining a Certificate of Eligibility for Helmet Manufacturing according to the regulations.
Decree 87/2016/ND-CP takes effect from July 1, 2016.
According to the Government