On the Government Portal, Mr. T.T.M in Ho Chi Minh City said that he does business in the field of auto services, specializing in distributing cars to manufacturers and auto importers in Vietnam.
He found that many contents of Decree No. 116/2017/ND-CP regulating the conditions for production, assembly, import and business of automobile warranty and maintenance services are no longer suitable, causing businesses to spend a lot of time and money. One of them is the conditions for the business of warranty and maintenance services.
Currently, people are free to do business in industries that are not prohibited by law; car warranty and maintenance services are a very normal activity when the demand for cars increases. Many car maintenance and repair garages are established and operate without a certificate.
Meanwhile, businesses distributing to factories must go through many procedures and costs, and must also prove that "The factory is built on land under the legal ownership of the business". This is a provision that creates a bottleneck.
Mr. Minh believes that if automobile distributors for manufacturers provide warranty and maintenance services, they only need to meet Vietnamese Regulation 121:2024/BGTVT National Regulation on motor vehicle warranty and maintenance facilities along with the commitment of the manufacturer/factory on support, which is enough basis for operation.
Manufacturers/factories are responsible for ensuring that their authorized distributors comply with the standards because no manufacturer wants to lose their reputation and reputation if the facility does not meet quality standards.
Manufacturers/factories are responsible for checking, ensuring standards and compliance with authorized distributors and reporting to the Ministry of Construction periodically.
Therefore, Mr. Minh proposed to eliminate the issuance of certificates for car warranty and maintenance facilities to reduce administrative procedures and free up business resources.
The Ministry of Construction responds to this issue as follows:
Vehicle quality is one of the three main factors affecting traffic safety (infrastructure - vehicles - people).
Proper car maintenance is a proactive technical measure to maintain the technical and quality status of cars, so car maintenance needs to be controlled, especially the warranty and maintenance facilities of manufacturers, assemblers and importers of cars.
Goods buyers in general and car buyers in particular have the right to request manufacturers and importers to carry out product warranties; this right has also been clearly stipulated in the Law on Consumer Protection and Rights 2010 and the Law on Product and Goods Quality 2007.
The Law on Road Traffic Order and Safety also stipulates that organizations and individuals importing, manufacturing and assembling are responsible for warranty and maintenance of imported, manufactured, assembled and recalled motor vehicles and goods according to the Government's regulations and also assigned the Minister of Transport (now the Ministry of Construction) to issue national technical regulations on motor vehicle warranty and maintenance facilities.
In case there is no regulation, the organization producing, assembling and importing automobiles will not fully fulfill its product warranty obligations according to regulations, causing buyers and users to have no place to carry out warranty and maintenance to maintain the technical condition of the vehicle to ensure technical safety and environmental protection according to regulations.
Therefore, it is necessary to continue regulating the business conditions of car warranty and maintenance facilities of imported manufacturing and trading establishments to ensure the rights of consumers, while the fact that cars are regularly maintained in accordance with regulations and quality will also contribute to ensuring and improving safety when participating in traffic, reducing traffic accidents, reducing the risk of fire and explosion, reducing fuel consumption, emissions that pollute the 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 dated October 17, 2017 regulating the conditions for production, assembly, import and business of automobile warranty and maintenance services, the Vietnam Register has encountered many cases where warranty facilities borrow equipment and facilities from other units to apply for a certificate of warranty and maintenance facilities or cases of building factories in areas that are not in accordance with the provisions of law, so it cannot provide documents proving that " factories are built on land under the legal ownership of enterprises".
The Ministry of Construction also would like to acknowledge his proposal to review and consider amending Decree No. 116/2017/ND-CP to create more favorable conditions for enterprises operating in the field of automobile warranty and maintenance for automobile manufacturing, assembling and importing units.
Through this, the Ministry of Construction also proposed that in order to improve the quality of vehicles, improve the safety of vehicles when participating in traffic, reduce traffic accidents, reduce the risk of fire and explosion, reduce fuel consumption, emissions causing environmental pollution and increase the durability and longevity of the vehicle, vehicle owners who need to maintain or repair the vehicle should bring it to warranty and maintenance facilities authorized and announced by the manufacturer, import it to be guaranteed, maintained, repaired according to technical requirements, and replace genuine spare parts to maintain the vehicle's technical condition according to the manufacturer's design, ensure safety and improve the quality of the vehicle during use.
