From October 1, 2023, globally recalled vehicles will not be sold in Vietnam unless remedied.

The Government has re-regulated the process of inspection and certification of technical safety and environmental protection quality for imported cars, mentioning that vehicle recalls will be according to the manufacturer’s announcement.

Specifically, Decree 60/2023/ND-CP, effective from October 1, 2023, regulates the inspection and certification of technical safety quality and environmental protection of imported cars and spare parts. import conditions of the Agreements to which Vietnam is a member, and are also on the list of potentially unsafe products and goods under the state management responsibility of the Ministry of Transport.

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The purpose of this Decree is to meet the standards contained in the Trade Agreements between Vietnam and the European Union (EVFTA), and between Vietnam and the United Kingdom of Great Britain and Northern Ireland (UKVFTA).

Notably, some contents in the Decree also clearly state 2 cases of cars subject to recall, specifically as follows:

  • Cars recalled as announced by the manufacturer.
  • Cars recalled at the request of inspection agencies.

The inspection agency’s recall request is made on the basis of specific evidence and verification results of information reflecting the technical safety quality and environmental protection of imported cars. In addition, Decree 60/2023/ND-CP also clearly stipulates the responsibilities of car importers in case of vehicle models that must be recalled (as announced by the manufacturer), specifically as follows:

  • Within no more than 05 working days from the date of receipt of the recall notice from the manufacturer or inspection agency, the importer must notify in writing the sales agents requesting not to sell to the market. The case of cars subject to recall that has not been resolved.
  • Within no more than 10 working days from the date of receiving 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: Causes of technical errors, corrective measures, number of cars to be recalled, appropriate recall plan.

Regarding the responsibilities of the inspection agency, Decree 60/2023/ND-CP clearly states the content of work that needs to be performed: notify the importer in writing of the receipt of the recall plan and requirements. Additional requirements for the recall program (if any), requiring importers to carry out the recall, information about recalled cars on the website of the Inspection, Monitoring and Control Agency. Check the importer’s recall implementation according to plan.

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In addition, Decree 60/2023/ND-CP requires authorities to consider stopping inspection procedures and certification of technical safety quality and environmental protection for cars of the same manufacturer. If the importer can provide evidence that the manufacturer does not coordinate to implement the recall plan.

The Decree also provides a plan for vehicle models subject to recall that have not been granted a Certificate by the Inspection Agency. The Inspection Agency shall notify the customs authority where the import goods declaration is opened to allow the importer to enter the vehicle. The temporary border gate releases goods so that the importer can repair the vehicles subject to recall. After the importer provides a list of cars that have had their errors corrected according to the manufacturer’s regulations, the Inspection Agency continues to carry out inspection and certification procedures according to regulations. Decree 60/2023/ND-CP takes effect from October 1, 2023, but for imported CBU cars, it will apply from August 1, 2025.

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