Trade in car warranty and maintenance service in Vietnam

Recently, we received a question from a customer: “Currently, I want to start a car warranty and maintenance business, but I don’t know how to do this business registration procedure? What conditions do I need to meet in order to conduct this service? How does the law regulate business trade in automobile maintenance service?”
In this article, LSX legal firm will provide you with information related to: “Trade in car warranty and maintenance service in Vietnam”

Legal grounds

• Law on Enterprise 2020
• Decree 116/2017/ND-CP

Conditions for providing car warranty and maintenance services

A trader of motor vehicle warranty/maintenance center established according to regulations of law shall be issued with a certificate of eligible motor vehicle warranty/maintenance center when the following requirements are fully satisfied:

• Firstly, built the factory on the land under the legal use right of the enterprise.
• Secondly, the premises and factory ensure warranty/maintenance services.
• Thirdly, having areas for reception, transfer, maintenance, repair, factory inspection, operation building, the warehouse storing automotive parts and accessories, and motor vehicle wash to meet the workload.
• Fourthly, having adequate facilities for motor vehicle warranty/maintenance services. Measurement facilities used for motor vehicle warranty/maintenance services comply with regulations of law on measurement.
• Fifthly, the equipment used to diagnose engines and specifications of motor vehicles (in the case of motor vehicles having electronic control units) suits the motor vehicle classes that the center in charge of. Diagnosing equipment software complies with regulations on intellectual property rights.
• Also, personnel and quality management systems ensure the quality of motor vehicle warranty/maintenance services.

The aforesaid requirements shall satisfy requirements for premises, facilities, personnel, and quality management system for motor vehicle maintenance and repair centers for each corresponding motor vehicle class mentioned in the national standard TCVN 11794 on motor vehicle warranty and maintenance centers and equivalent vehicles.

• Lastly, commitments are made to technical support and provision of automotive parts and accessories for motor vehicle warranty/maintenance services of:

1. Domestic manufacturers/assemblers (if providing warranty/maintenance services for domestic manufacturers/assemblers).
2. Foreign manufacturers/assemblers (if providing warranty/maintenance services for motor vehicle importers).

Dossier for registration of car warranty and maintenance service business

An application for issuance of the certificate of eligible motor vehicle warranty/maintenance center includes:

• Firstly, a completed application form provided in the specimen No. 12 of Appendix II attached in Decree 116/2017/ND-CP;
• Secondly, a copy of the enterprise registration certificate or equivalent documents;
• Thirdly, a record on the capacity and facilities of the center provided in the specimen No. 13 of Appendix II attached in Decree 116/2017/ND-CP;
• A copy of the document proving that the motor vehicle warranty/maintenance center meets all the requirements stated in Clauses 1, 5, 7, 8, 9, and 10 Article 21 of Decree 116/2017/ND-CP;
• The Vietnam Register Department receives and checks the dossiers; if the dossier is incomplete, the manufacturer, importer, or warranty and maintenance facility shall be instructed to complete it. If the dossier is complete as prescribed, then the department agrees on the implementation time, conducts an inspection, and assesses the conformity at the warranty and maintenance facility.
• The Vietnam Register Department conducts conformity assessments at warranty and maintenance establishments; in case the assessment results do not satisfy, notify the manufacturer, importer, or warranty and maintenance facility for completion; If satisfying the requirements, the department shall issue the certificate of automobile warranty and maintenance facility.

Procedures for registration of car warranty and maintenance services business

Step 1: Submit an application

The trader of motor vehicle warranty/maintenance center (applicant) shall submit 1 set of dossiers mentioned above, in person, by post, or in any other satisfactory manner, to the inspecting authority;

Step 2: Receive and process documents

• If the application invalid, the inspecting authority shall make a request for additional documents to the applicant within 5 working days from the day on which the application received;
• If the application valid, the inspecting authority shall inform the applicant of the specific time and organize an inspection visit within 5 working days from the day on which the application received. The time limit for the inspection visit is 15 working days from the date of notification.

As soon as the inspection finished, the inspecting authority shall inform the applicant of inspection results and remedial measures for unqualified items (if any);

Step 3: Get the result

• The certificate of eligible motor vehicle warranty/maintenance center (provided in specimen No. 15 of Appendix II attached in Decree 116/2017/ND-CP) shall be issued within 5 working days from the day on which the inspection results of the application are given and the inspection visit is satisfactory. If the application is rejected, the inspecting authority shall provide the applicant with a written explanation;
• The applicant shall receive the certificate, in person, by post (if required), or in any other satisfactory manner, from the inspecting authority;
• Within 6 months from the first day of assessment, if the applicant fails to take remedial measures for unqualified items, the inspecting authority shall provide the applicant with a written notification of rejected assessment results and application. The applicant wishing to have the certificate issued shall re-follow the procedures again.

Legal service of LSX Legal Firm

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

• Legal advice related to new regulations;
• Representing in drafting and editing documents;
• We commit the papers to be valid, and legal for use in all cases;
• Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

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Contact LSX

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