After 4 months QCVN34:2011/BGTVT (“Regulation“) wasofficially applied, the enterprises specializing in manufacturing and importingpneumatic tyres have implemented test to obtain QCVN 34 certificate (Certificate)soonest in order to prevent risks in importand distribution of the pneumatictyres in the Vietnamesemarket.
Up to now, about 20enterprises have carried out the testing at a competentauthority. However, anumber of enterprises including domestic or foreign enterprises are stilllimited. Beside some domestic manufacturers and import enterprises haveinitially obtained the Certificates according to QCVN 34, other enterprise hasbeen in process of testing and certifying because of time for testing andcertifying is quite long.
Because this is the first time,Vietnam has applied the national regulation against pneumatic tyres, theimplementation of QCVN34 in practical of enterprises have still challenged manydifficulties and queries.
Some of difficulties asnoted are such as: an official testing fee is too high, other fee iscontinuously occurred in the implementation, i.e.: transport fee of testingsamples, fee of preparation of rim, testing fee of factory or test center, etc.Such difficulties' have made many enterprises to face to risks of breaking theirestimated budget plan.
Moreover, due to this is thefirst time that this Regulation has been applied, the enterprises have stillhad many queries in the implementation, such as: whether an expansion issuanceof the Certificate can be applied or not, or if the testing is carried out at aforeign testing center, whether such testing report is recognized by Vietnamesecompetent authorities or not. The following issues currently have made somedifficulties and embarrasses to the relevant enterprises. Referring tounofficial opinion of the competent authority, in case that the enterpriseshave a demand as mentioned above, such enterprises can send an official letterto the competent authority for consideration and approval.
Considering a market ofenterprises in manufacturing and importing pneumatic tires in Vietnam, acurrent number of enterprises who has known and applied this Regulation justaccount for one fifth over total current enterprises in the market; and some ofthem have just been granted the Certificate. Therefore, an ability ofenterprises who have not applied QCVN 34 facing risks in import and circulationof tyres is too high.
With respect to import, someenterprises have still had a question as whether import tyres into Vietnam mustbe obtained the Certificate before clearance or not? Although the currentVietnamese legislation has not stipulated this issue, according to relevantregulations, as a consultant, in our point of view, to prevent of block ofimport tyres, after 17th May 2014, importers should have theCertificate before clearance.
With respect to circulationin the market, pursuant to the current regulations, if products is discoverednot satisfying relevant regulation on qualify of products, a competentauthority will check and impose necessary penalties, such as request on stopselling, do remedy action; make an announcement in public media, impose anadministrative penalties (a maximum penalty is up to 3 hundred million Vietnamdong), and recall violating product. Basing on risks as analyzed above, in ouropinion, the enterprises in manufacturing and import the pneumatic tyres shouldimplement the Regulation immediately.