Clause 1, Article 8 of Decree 60/2023/ND-CP stipulates cases where cars are subject to recall. For more information, please refer to the article below.
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| Cases of cars that must be recalled due to technical errors. (Source: TVPL) |
On August 16, the Government issued Decree 60/2023/ND-CP regulating the inspection and certification of technical safety and environmental protection quality of imported automobiles and imported components according to international treaties to which Vietnam is a member.
1. Cases of cars with technical errors that must be recalled
Specifically, Clause 1, Article 8 of Decree 60/2023/ND-CP stipulates that cars subject to recall include:
- Cars recalled according to manufacturer's announcement;
- Cars are recalled at the request of the inspection agency. The recall request of the inspection agency is made on the basis of specific evidence and verification results of information reflecting on the technical safety quality and environmental protection of imported cars.
2. Importer's responsibility for recalling cars with technical defects
According to Clause 2, Article 8 of Decree 60/2023/ND-CP, in case cars that have been put on the market have technical errors and must be recalled, the importer must perform the following tasks:
- Within no more than 05 working days from the date of receiving the recall notice from the manufacturer or from the inspection agency, the importer must notify in writing the sales agents to request not to sell on the market the recalled cars that have not been repaired;
- Within no more than 10 working days from the date of receipt of the recall notice from the manufacturer or from the inspection agency, the importer must send to the inspection agency a written report with the following contents: cause of the technical error; remedial measures; number of cars to be recalled; appropriate recall plan;
- Actively implement and comply with the recall plan. At the same time, the importer must publish information about the recall plan and the list of cars to be recalled on the importer's website and sales agents in a timely and complete manner.
3. Responsibility of inspection agencies for recalling cars with technical defects
Pursuant to Clause 3, Article 8 of Decree 60/2023/ND-CP, the responsibility of the inspection agency for recalling cars with technical defects is stipulated as follows:
- Notify the importer in writing of the receipt of the recall plan and any additional requirements for the recall program (if any);
- Require importers to carry out recalls;
- Information about recalled cars on the website of the Inspection Agency;
- Monitor and inspect the implementation of the importer's recall according to plan;
- Temporarily suspend quality certification procedures for automobile importers who do not fulfill their responsibilities as prescribed in Clause 2, Article 8 of Decree 60/2023/ND-CP;
- The inspection agency will consider stopping the inspection procedure, certifying the technical safety and environmental protection quality for cars of the same manufacturer if the importer provides evidence that the manufacturer does not cooperate to implement the recall plan;
- For cars subject to recall that have not been granted a Certificate by the Inspection Agency, the Inspection Agency shall notify the customs agency where the import declaration is opened to allow the importer to temporarily release the goods so that the importer can carry out the repair of the cars subject to recall.
After the importer provides a list of cars that have had their defects fixed according to the manufacturer's regulations, the Inspection Agency continues to carry out inspection and certification procedures according to regulations.
See also Decree 60/2023/ND-CP effective from October 1, 2023 and specifically applies to the following subjects:
- For components: From October 1, 2023.
- For cars: From August 1, 2025.
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