On the Ministry of Construction's Information Portal, Mr. T.K expressed that Chapter IV of Decree No. 116/2017/ND-CP dated October 17, 2017 stipulates the conditions for business of car warranty and maintenance services. However, he found that at present, these regulations are no longer suitable when the economy has developed, the number of automobile manufacturers and assemblers in Vietnam has increased.
Since then, the number of genuine authorized agents has reached thousands of units. These authorized dealers are supported by the automobile manufacturer, are allowed to buy genuine spare parts from the factory; are built in accordance with the National Technical Regulation on motor vehicle warranty and maintenance facilities National Technical Regulation QCVN 121:2024/BGTVT.
"However, the difficulty that many businesses face is having to apply for a certificate of car warranty and maintenance facility (which we often call Certificate 116).
I think that the procedure for applying for a certificate of a car warranty and maintenance facility should be cut to reduce the inconvenience, time and effort of the business.
When abolished, the responsibility will be returned to the automobile manufacturer, forcing the manufacturers to take responsibility if their authorized agency violates the standards.
The Department of Registration should only check periodically every 2 years to see if the equipment and techniques are complete and operate accurately.
Currently, based on the regulation: "A factory is built on land under the legal use rights of a business" (very general and vague), the business must prove a lot from the purpose of use, construction permit, and renovation permit.
While we believe that it is necessary to prove that the factory is legally operating; the responsibility of the Inspection Department should only focus on the work of checking the qualifications of human resources, machinery, and equipment" - Mr. K informed.
After the study, the Department of Science, Technology, Environment and Construction Materials, Ministry of Construction gave the following opinion:
Vehicle quality is one of the three main factors affecting traffic safety (Infrastructure - Vehicles - People).
Proper inspection and maintenance of the vehicle is a proactive technical measure to maintain the technical state and good quality of the vehicle. Therefore, the inspection and maintenance of cars need to be controlled, especially the warranty and maintenance facilities of car manufacturers, assemblers and importers.
Goods buyers in general and car buyers in particular have the right to request manufacturers and importers to ensure product warranty, this right has been clearly stipulated in the Law on Consumer Protection and the Law on Product and Goods Quality.
Article 41 of the Law on Road Traffic Order and Safety also stipulates that organizations and individuals importing, manufacturing and assembling are responsible for warranty, maintenance of imported, manufactured, assembled and recalled motor vehicles and goods according to Government regulations.
Thus, in case there are no regulations, the enterprise producing, assembling and importing automobiles will not fully fulfill its obligations to warranty and maintain automobiles according to regulations.
Buyers and users of cars without a reliable place to carry out warranty, maintenance, and repair to maintain technical conditions, ensure safety, and protect the environment during the car's participation in traffic.
Therefore, regulations on business conditions for automobile warranty and maintenance facilities of imported manufacturing and trading establishments are necessary to ensure the rights of consumers; at the same time, the regular inspection and maintenance of automobiles in accordance with regulations will contribute to ensuring traffic safety, reducing energy consumption, reducing emissions of pollutants to the air environment and increasing the durability and longevity of the vehicle.
Through the practical implementation of the certification of maintenance warranty facilities according to the provisions of Decree No. 116/2017/ND-CP of the Government regulating the conditions for production, assembly, import and business of automobile warranty and maintenance services, the Vietnam Register under the Ministry of Construction has encountered a number of cases where warranty and maintenance facilities borrowed equipment and facilities from other units to be granted a certificate of warranty and maintenance facilities, so they could not provide documents proving that "The factory was built on land under the legal use rights of the enterprise" as prescribed.
The Ministry of Construction would like to acknowledge Mr. T.K's opinions to comment to the Ministry of Industry and Trade, requesting the Government to consider in the process of amending and supplementing Decree No. 116/2017/ND-CP to create more favorable conditions for enterprises operating in the field of warranty and maintenance for units producing, assembling and importing automobiles.
The Ministry of Construction also recommends that vehicle owners when inspecting, maintaining and repairing vehicles need to bring them to warranty and maintenance facilities authorized and announced by the manufacturer and importer for warranty, maintenance and repair in accordance with technical requirements, replacement of genuine spare parts to maintain the vehicle's technical condition in accordance with the manufacturer's design, ensure traffic safety, and improve the quality of the vehicle during use.
