After the national technical emission standard level 5 for newly produced, assembled, and imported automobiles came into effect, Mr. Tu's company encountered obstacles in Section 4.1, Article 04, page 04/119, and Section 2.2.2, Part III of QCVN 109:2022/BGTVT issued with Circular No. 06/2021/TT-BGTVT. According to these regulations, the company must remove the engine to test for Euro 5 emissions.

However, the company is unable to carry out this method because the high-lift work vehicle model KAT42 consists of two components: 1. The elevated platform part, manufactured in Europe; 2. The chassis part, an Isuzu pickup truck of the Extended cab type, manufactured in Thailand, meeting Euro 6 emission standards, and with 4 seats (the Extended cab type is only exported to the European market, different from the Double cab type with 5 seats commonly produced for the Asian market and meeting Euro 4 or Euro 5 emission standards).

After combining these two parts, the complete assembly plant, Cumberland Platforms LTD (CPL), headquartered in the United Kingdom (part of the KLUBB Group in France), produces the KAT42 high-lift work vehicle, which is a specialized equipment for various industries, such as the power sector, to reduce the risk of accidents during climbing and to address incidents for workers repairing power grids. Due to the strict emission requirements of Euro 6 for the chassis exported to the European market, the European bloc applies the emission testing dossier of this chassis to the finished high-lift work vehicle model KAT42.

Previously, the company imported this vehicle model to Vietnam and conducted emission tests for the entire KAT42 model according to QCVN 86:2015/BGTVT (Euro 4), which yielded Euro 4 results and also met the Euro 5 level. Currently, the company has worked with the manufacturer multiple times regarding the Euro 5 emission testing issue based on QCVN 109:2021/BGTVT. However, the manufacturer informed that these vehicles can only be tested as whole units and cannot have their engines removed for Euro 5 emission testing (unlike trucks, buses, and containers with a standard weight exceeding 2,610 kg, which are designed by manufacturers worldwide to have removable engines for testing purposes). The exhaust treatment systems required to meet Euro 6 standards, such as wiring harnesses, particulate filter (designed to collect soot generated during diesel combustion, preventing harmful particles from being released into the atmosphere), and AdBlue exhaust treatment solutions (AdBlue solution is injected into the diesel engine's exhaust system to convert NOx gas into nitrogen and water before being discharged into the environment), are integrated into the vehicle body and cannot be separated from the vehicle's system. There is no precedent for such testing in the world for the pickup truck (Extended cab) vehicle type.

The company has submitted a request to the Vehicle Registration Department, Ministry of Transport, proposing either testing the vehicle's whole unit emissions for the KAT42 high-lift work vehicle model or applying the current vehicle emission documentation, as practiced in Europe. However, there has been no response to this matter in the past two years.

Currently, the company is facing numerous difficulties, and Mr. Tu suggests that the relevant authorities consider providing assistance and allow the company to conduct whole unit emission testing or apply the vehicle emission documentation currently used in Europe.

Regarding this issue, the Vehicle Registration Department of Vietnam responded as follows:

On September 1, 2011, the Prime Minister issued Decision No. 49/2011/QD-TTg, which regulates the timeline for applying emission standards to new automobiles and motorcycles manufactured, assembled, and imported. Accordingly, new automobiles manufactured, assembled, and imported must comply with emission standards of level 4 and level 5 as follows:

- Level 4 emission standards (equivalent to Euro 4) from January 1, 2017.

- Level 5 emission standards (equivalent to Euro 5) from January 1, 2022.

On April 6, 2021, the Ministry of Transport issued the National Technical Regulation on level 5 emissions for newly manufactured, assembled, and imported automobiles (QCVN 109:2021/BGTVT). QCVN 109:2021/BGTVT was developed based on the European Economic Commission of the United Nations (UNECE) version, adjusted to suit Vietnam's conditions, and received extensive input from scientists, management agencies (ministries, departments), especially the Vietnam Automobile Manufacturers Association (VAMA), as well as other automobile manufacturing, assembly, and import companies. The development and issuance of QCVN 109:2021/BGTVT followed the current legal framework for regulatory document development.

After the issuance of QCVN 109:2021/BGTVT, the Vehicle Registration Department of Vietnam implemented and disseminated information to production and assembly facilities, as well as organizations and individuals involved in automobile imports, particularly emphasizing the change in testing methods for automobiles with compression-ignition engines weighing more than 2,610 kg (total weight exceeding 3,500 kg), which were previously tested under emission standards of levels 2, 3, and 4.

In practice, engine removal for testing has been carried out for many years, since the implementation of level 2 emission standards, requiring the support of specialized experts in engine removal and preparation to ensure compliance with the requirements of QCVN 109:2021/BGTVT.

For large-scale production and assembly facilities or import organizations, complete engine removal and preparation can be accomplished for common vehicle types, while it may pose difficulties for individual small-scale importers or for vehicles with new and advanced technological structures.

Mr. Tu's company falls under the category of small-scale import organizations, so the company has not updated the documents or conducted prior research to facilitate the import process. The company only possesses emission reports for the base vehicles and not for the finished vehicles.

According to the regulations of QCVN 109:2021/BGTVT, when a finished vehicle is assembled on a base vehicle, emission testing must be conducted specifically for the finished vehicle due to differences in load and operating conditions. Therefore, there is no basis for accepting emission data from the base vehicle for the finished vehicle. Additionally, as a small-scale import company, there are limitations in terms of support from the original manufacturers.

Upon receiving the letter from Mr. Tu's company, the Vehicle Registration Department of Vietnam has invited the company for multiple meetings to clarify the need to follow the correct procedures and testing methods according to the prevailing standards and regulations. The proposals put forth by the company will be reviewed, reported, and submitted to the Ministry of Transport (the agency responsible for issuing QCVN 109:2021/BGTVT) for the amendment of QCVN 109:2021/BGTVT in the proper sequence and procedure.

The Vehicle Registration Department of Vietnam has also reported this matter to the Ministry of Transport in Document No. 3467/DKVN-VAQ dated September 12, 2022, and Document No. 4446/DKVN-VAQ dated November 14, 2022. The Ministry of Transport has responded with Document No. 1955/BGTVT-KHCN&MT dated March 1, 2023, addressing the Vehicle Registration Department of Vietnam (sent to Mr. Tu's company and related enterprises), instructing the department to carry out the vehicle emission testing process in accordance with the regulations specified in the prevailing standards and regulations. The Ministry has assigned the Vehicle Registration Department of Vietnam to finalize, update, and amend QCVN 109:2021/BGTVT for review by the Ministry's leadership, ensuring compliance with the international agreements that Vietnam has signed and participated in regarding road vehicles.

Therefore, the Ministry of Transport has provided an official response to Mr. Tu's company. The Ministry of Transport can consider amendments to facilitate the resolution for the company based on ensuring compliance with the international agreements that Vietnam has signed and participated in regarding road vehicles, through regulatory documents in the correct sequence and procedure.

Currently, the amendment to QCVN 109:2021/BGTVT has been submitted to the Ministry of Transport (including provisions to address the difficulties faced by Mr. Tu's company and similar cases) to proceed with the necessary procedures for approval. The Ministry of Transport is actively carrying out the subsequent steps and will issue the amendment soon.