Decision No. 249/2005/QD-TTg of October 10, 2005, setting the roadmap for application of emission standards to road motor vehicles.

DECISION

SETTING THE ROADMAP FOR APPLICATION OF EMISSION STANDARDS TO ROAD MOTOR VEHICLES

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government.

Pursuant to the December, 27, 1993 Law on Environmental Protection.

Pursuant to the June 29, 2001 Road Traffic Law.

At the proposal of the Minister of Transport.

DECIDES:

Article 1 - Purposes

To implement the roadmap for application of emission standards to road motor vehicle with a view to managing and controlling sources of exhaust gas emitted from the operation of road motor vehicles; limiting the increase of air pollution, step by step improving and raising the quality of the air environment in general and the air environment in urban centers in particular; and at the same time to implement the Agreement on Technical Barriers to Trade, approved under the Prime Minister's Decision No. 444/2005/QD - TTg of May 26, 2005.

Article 2 - Scope of regulation

This Decision provides for the scope of application of the emission standard roadmap to manufactured, assembled, imported and in-service road motor vehicle (hereinafter referred to as motor vehicles), including:

1. Mopeds being two - or three - wheeled vehicles operated by an engine with a maximum design speed not exceeding 50 km/h, or a working cylinder capacity not exceeding 50 cm3 if the motion - driving engine is a heat one.

2. Motorcycles being two - or three - wheeled vehicles operated by an engine with a maximum design speed exceeding 50 km/h, or with a working cylinder capacity of over 50 cm3 if the motion-driving engine is a heat one.

3. Vehicle similar to moped or motorcycles, including motor vehicles for people with disabilities.

4. Light automobiles being automobiles with a total weigh not exceeding 3,500 kg.

5. Heavy automobiles being automobiles with a total weigh of over 3,500 kg.

Article 3 - Subjects of application

This Decision applies to organizations and individuals that manufacture, assemble, import and use motor vehicle, except for special - use motor vehicles of military and public security forces in service of defense or security purposes under regulations of the Defense Ministry and the Public security Ministry.

Article 4 - Emission standard limit

The emission standard limit is the maximum limit of exhaust gas motor vehicles may emit into the environment. The "Euro 2" limit is one of the limits of the European Emission Standards (hereinafter referred to as Euro standards), specifying the permitted maximum emission limit applicable to manufactured, assembled or imported brand - new motor vehicles (brand - new vehicles are those manufactured, assemble or imported which have not yet been put to use), as provided for by the European Union and in relevant Vietnamese standards.

Article 5 - Roadmap for application of emission standard limits to locally manufactured and assembled as well as imported brand - new motor vehicle.

1. For motor vehicles defined in Article 2 of this Decision which are manufactured, assembled or imported as brand - new ones, the emission standard limit according to the Vietnamese standard equivalent to the Euro 2 limit must be applied to each kind of vehicle as from July 1, 2007.

2. For motor vehicles whose quality technical safety and environmental protection are certified before July 1, 2007, but have not yet been manufactured or assembled, the emission standard limit according to the Vietnamese standard equivalent to the Euro 2 limit shall apply to each kind of vehicle as from July 1, 2008.

Article 6 - Roadmap for application of emission standard limits to imported second - hand motor vehicles

For second - hand motor vehicles imported into Vietnam, emission standard limits must be applied according to the following regulations as from July 1, 2006.

1. Vehicles fitted with spark ignition engines (petrol and liquefied petroleum gas - LPG engines and the like):

a. For mopeds and motorcycles and the like, including motor vehicles used for people with disabilities, limit 2 in the Appendix to this Decision must be applied.

b. For automobiles of all kinds, limit 3 in the Appendix to this Decision must be applied.

2. For vehicles fitted with compression ignition engines (diesel engines and the like), limit 2 in the Appendix to this Decision must be applied.

Article 7 - Roadmap for application of emission standard limits to in-service automobiles

1. For in-service automobiles having number plates of the cities of Hanoi, Ho Chi Minh, Hai Phong, Da Nang and Can Tho, which are fitted with spark ignition engines or compression ignition engines, limit 1 corresponding each kind of engine provided for in the Appendix to this Decision must be applied as from July 1, 2006.

2. For in-service automobiles having number plates of the remaining provinces and cities, which are fitted with spark ignition engines or compression ignition engines, limit 1 corresponding each kind of engine provided for in the Appendix to this Decision must be applied as from July 1, 2008.

Article 8 - Organization of implementation

1. Provinces and centrally - run cities that have large numbers of motor vehicles registered for circulation may propose the Prime Minister to permit the shortening of the roadmap or the application of emission standard limits stricter than hose provided for in this Decree.

2. The Ministry of Science and Technology shall review, formulate and promulgate relevant Vietnamese standards suitable to the implementation of the roadmap for application of emission standards to motor vehicles according to the provisions of this Decision.

3. The Ministry of Transport shall have the responsibilities:

a. To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and the Ministry of Finance in, planning and estimating budget for raising the technical capability, improving material foundations and equipment for inspection and control of motor vehicle exhausts and in building a center for motor vehicle exhaust gas test.

b. To assume the prime responsibility for, and coordinate with concerned ministries and branches and provincial/municipal People's Committees in, formulating a scheme on control of exhaust gas emitted form in-service mopeds and motorcycles in provinces and cities in order to minimize sources of exhaust gas from mopeds and motorcycles, and submit it to the Prime Minister for approval.

c. To organize the implementation of this Decision and, based on the practical situation, continue to study and formulation specific regulations on emission standard limits applicable to motor vehicles, and submit them to the Prime Minister for promulgation of subsequent roadmaps.

Article 9 - Implementation effect and responsibilities

1. This Decision takes effect 15 days after its publication in "Cong Bao".

2. Ministers, heads of ministerial - level agencies, heads of Government - attached agencies, presidents of provincial/municipal People's Committees, and concerned organizations and individuals shall have to implement this Decision.

APPENDIX

PERMITTED MAXIMUM EMISSION LIMITS OF ROAD MOTOR VEHICLES

(Issued together with the Prime Minister's Decision No. No. 249/2005/QD-TTg of October 10, 2005)

Notes:

(1) Special engines include Wankel engines and a number of other engines with special structures different from those of piston engines which are widely used.