Pursuant to Appendix 4 promulgated together with the Investment Law 2020 on the list of conditional business lines, automobile warranty and maintenance service is conditional business lines.
Therefore, after carrying out the procedures for establishing an enterprise in accordance with law on enterprises, enterprise must carry out the procedures for granting a certificate of automobile warranty and maintenance workshop to carry out this activity.
A. Regulations related to automobile warranty and maintenance workshop
1. Conditions for being granted a certificate of automobile warranty and maintenance workshop
Pursuant to Article 21 of Decree 116/2017/ND-CP stipulating the conditions for manufacturing, assembling, importing, and providing automobile warranty and maintenance services, enterprises established in accordance with law are granted certificate of automobile warranty and maintenance workshop when satisfy the following conditions:
(a) The premises and workshop
– The workshop is built on the land under the legal use right of the enterprise;
– The premises and workshops are guaranteed to implement warranty and maintenance service; and
– There are areas including receiving area, handing over area, maintaining area, repairing area, inspecting area, operating area, a warehouse for spare parts and accessories, and a car wash area that meeting the job requirements.
(b) Equipment
– Having full range of tools and equipment for automobile warranty and maintenance work. Measuring equipment serving automobile warranty and maintenance work must comply with the provisions of the law on measurement; and
– Having equipment to diagnose the engine, the technical condition of automobile (for automobile equipped with an electronic control unit) suitable for the automobile that are warranted and maintained at the workshop. Diagnostic device software must comply with intellectual property regulations.
(c) Human resources
– Having a team of human resources and a quality management system ensuring quality for automobile warranty and maintenance.
The above-mentioned conditions of the workshop must satisfy the requirements for premises, equipment, tools, human resources, and quality management system for automobiles maintenance and repair workshop according to the respective types of automobiles in the National Standard TCVN 11794 Standards for maintenance and repair workshop for automobiles and similar vehicles.
(d) Having a commitment to technical support and supply of components and accessories for the warranty and maintenance of automobiles of the following enterprises:
– Domestic automobile manufacturing and assembling enterprises (in the case of providing warranty and maintenance services to domestic automobile manufacturing and assembling enterprises); or
– Foreign automobile manufacturing and assembling enterprises (in case of providing warranty and maintenance services for enterprises that import automobile)
2. Competent authority issue certificate of automobile warranty and maintenance workshop:
Vietnam Registry – the Ministry of Transport
3. Dossier for obtaining certificate of automobile warranty and maintenance workshop:
– An application form for obtaining a certificate of automobile warranty and maintenance workshop (Form No. 12, Appendix II issued together with Decree 116/2017/ND-CP): 01 original;
– Enterprise registration certificate or equivalent legal document: 01 certified true copy;
– Declaration table of capacity and facilities of automobile warranty and maintenance workshop (Form No. 13, Appendix II issued together with Decree 116/2017/ND-CP): 01 original; and
– Documents proving that the enterprise satisfies the conditions as prescribed above such as: Certificate of land use rights, house and properties attached to land/Land lease/ document of equivalent legal value; Commitment to technical support and supply of components and accessories for automobile warranty and maintenance of domestic automobile manufacturing and assembling enterprises/ foreign automobile manufacturing and assembling enterprises; …).
4. Procedures and timeline for processing applications
– Enterprises shall submit 01 dossier directly or via post or other suitable means to the Vietnam Register.
– In case the dossier is incomplete or inconsistent with regulations, within 05 working days from the date of receipt of the dossier, the Vietnam Registry shall send a written request to enterprise to supplement according to regulations;
– In case the dossier is complete and valid, within 05 working days from the date of receipt of the dossier, the Vietnam Registry shall notify the time and conduct an actual inspection and assessment for the warranty and maintenance workshop. The inspection period is no more than 15 working days from the date of notification.
– After the completion of the inspection, the Vietnam Registry shall notify the inspection results enterprise and take measures to remedy the unsatisfactory items (if any);
– Within 06 months from the date of the first assessment, if the enterprise does not fix the unsatisfactory items, the evaluation results and submitted dossier of the enterprise will be canceled and the Vietnam Register will notify in writing to the enterprise. If the enterprise has the needs to continue to obtain the certificate of automobile warranty and maintenance workshop, it will have to re-implement the order and procedures as prescribed.
– Within 05 working days from the date of receipt of the results of application appraisal and the satisfactory actual inspection. The Vietnam Registry issues a certificate of automobile warranty and maintenance workshop for the automobile warranty and maintenance workshop. In case of refusal to issue a Certificate, the inspection agency shall reply in writing and clearly state the reasons therefor.
Thus, in order to conduct automobile warranty and maintenance services, enterprise needs to meet the conditions set forth for this business lines and must be granted a license for conducting in accordance with the provisions of the law.
B. The scope of services of LMP, the risks that a client may incur when doing it themselves, the advantages in the case it is supported by LMP
1. The scope of services of LMP
With many years of experience in assisting businesses to obtain certificate of automobile warranty and maintenance workshop, LMP is ready to advise and support clients to carry out the procedures for obtaining certificate of automobile warranty and maintenance workshop with prestigious, fast and quality service.
The client can refer to the scope of services that LMP provides for conducting the procedure of obtaining certificate of automobile warranty and maintenance workshop as below:
– Advising client on legal regulations to carry out procedures at state agencies;
– Providing a list of documents and information that client need to prepare for the procedure
– Drafting dossier related to procedures;
– On behalf of the client submitting the dossier to the licensing authority;
– On behalf of client to welcome the inspection team to the workshop
– Monitoring the status of the application and updating the client on the progress of the state agency’s dossier settlement;
– On behalf of client to receive certificate of automobile warranty and maintenance workshop and delivering it to the client
2. Risks that client may incur when doing it themselves
The certificate of automobile warranty and maintenance workshop is a difficult license to obtain, requiring enterprise to prepare carefully in various stages.
Furthermore, according to regulations, within 06 months from the date of the first assessment, if the enterprise fails to fix the unsatisfactory items, the evaluation results and the submitted dossier will not be canceled and the enterprise has to carry out the procedure again. Thus, if the enterprise does not prepare carefully, the dossier will not be satisfactory and the enterprise has to carry out the procedure again, which will waste time and cause difficulties and costs for enterprise.
3. Advantages in the case clients are supported by LMP
LMP has many years of experience in assisting enterprise in carrying out the procedures for obtaining certificate of automobile warranty and maintenance workshop, when using the service of LMP, the client will receive the following advantages compared to self-actualization:
– Customers are given detailed instructions on providing the necessary information and documents for the procedure;
– LMP will carry out procedures with state agencies on behalf of the client;
– The procedure is carried out quickly and accurately, in compliance with the law.
We hope that the client find the necessary information related to the procedure for obtaining certificate of automobile warranty and maintenance workshop to carry out automobile warranty and maintenance service through our above article.
Note: The content presented above is for reference only. The aforementioned content may no longer be relevant depending on the time and audience. For any detailed consultation requests, please contact LMP Lawyers.
