Thông tư 22/2019/TT-BGTVT quy định về đăng ký xe máy chuyên dùng do Bộ trưởng Bộ Giao thông vận tải ban hành

CIRCULAR

PRESCRIBING REGISTRATION OF SPECIAL VEHICLES

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 on functions, duties, powers and organizational structure of the Ministry of Transport;

Upon the request of the Director of Science – Technology Department and Director of the Directorate for Roads of Vietnam;

Minister of Transport hereby promulgates the Circular prescribing registration of special vehicles.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular addresses issuance, renewal and withdrawal of Certificates of registration and number plates of special vehicles.

Article 2. Subjects of application 

1. This Circular applies to entities and persons involved in issuance, renewal and withdrawal of Certificates of registration and number plates of special vehicles in the list specified in Appendix 1 hereto.

2. This Circular does not apply to issuance, renewal and withdrawal of Certificates of registration and number plates of special vehicles used by military and police forces for national defence and security purposes.

Article 3. Documentation proving ownership of special vehicle

Documentation proving ownership of special vehicle may be one of the followings:

1. Sale, purchase or gift contract, donation deed or written document stating inheritance, provided in laws;

2. Sales invoice made under regulations of the Ministry of Finance;

3. Written document on approval of vehicle liquidation made by competent authorities under law;

4. Written document stating the finance lessor agrees to rent the lessee the special vehicle of which ownership is registered under law;

5. Decision to receive aids from competent authorities under law;

6. Decision to dispatch and sell national reserve goods by competent authorities under law.

Article 4. Documentation evidencing ownership of special vehicles

Documentation evidencing ownership of special vehicle may be one of the followings:

1. Quality inspection certificate form issued under regulations of the Minister of Transport to domestically manufactured and assembled special vehicles.

2. Certificate of conformance to technical safety and environmental protection regulations for imported special vehicles or notification of exemption from the requirement for inspection of technical safety and environmental protection of imported special vehicles issued under regulations of the Minister of Transport as the requirement for import of special vehicles.

3. Certificate of quality for refurbished vehicles issued under regulations of the Minister of Transport to refurbished special vehicles, and the document specified in clause 1 or clause 2 of this Article.   In case of replacement of engine fittings and vehicle body frame, written documents evidencing substitute engine fittings or vehicle body frames are required under law. If any substitute engine fitting or vehicle body frame is part of other registered special vehicles, declaration form for withdrawal of vehicle registration or number plate must be submitted by using the form No. 1 of Appendix 2 hereto.  

4. Documentation requirements for special vehicles confiscated as public assets:

a) Confiscation decision issued by competent authorities in accordance with law;

b) Invoice of property confiscated as public assets issued by the Ministry of Finance (in case of property disposed of in the liquidation form); note of handover and receipt of property (in case of disposing of property in the transfer form) issued under law.

5. Documentation requirements for special vehicles subject to the decision on disposal of evidence objects.

a) Decision on disposal of evidence objects issued by the investigation agency, People's Procuracy or People's Court under law;

b) Cash receipt note or handover report made under law (applicable to the complainant).

Chapter II

GRANT OF SPECIAL VEHICLE REGISTRATION CERTIFICATE 

Article 5. Documentation submitted to apply for registration of special vehicles 

1. Application package for the initial registration of special vehicles shall be composed of the followings: 

a) Special vehicle registration form made using the form No. 2 of Appendix 2 hereto;

b) Original copy of written document evidencing ownership of special vehicle made under Article 3 herein, except as prescribed in clause 3 of Article 19 herein;

c) Original copy of written document clarifying the origin of special vehicle made under Article 4 herein, except as prescribed in clause 3 of Article 19 herein.

2. Temporarily imported or re-exported special vehicles specified in foreign investment programs or projects in Vietnam or ODA-funded projects in Vietnam shall be required to obtain registration valid for a definite term. Registration documentation shall comprise:

a) Definite-term special vehicle registration form made using the form No. 3 of Appendix 2 hereto;

b) Investment certificate or investment registration certificate (duplicate thereof, and presenting original or certified true copy thereof for checking of consistency thereof is required);

c) Original copy of written document evidencing ownership of special vehicle made under Article 3 herein, except as prescribed in clause 3 of Article 19 herein;

d) Original copy of written document clarifying the origin of special vehicle made under Article 4 herein, except as prescribed in clause 3 of Article 19 herein.

3. Special vehicles, yet registered, when running on the road, must be temporarily registered.   Registration documentation shall comprise:

a) Application form for Certificate of temporary special vehicle registration prepared by using the form No. 4 of Appendix 2 hereto;

b) Written document stating ownership of special vehicles prepared in accordance with Article 3 herein (duplicate thereof and presenting original copy thereof for checking of consistency or certified true copy is required);

c) Written document clarifying the origin of special vehicles made in accordance with Article 4 herein (duplicate thereof and presenting original copy thereof for checking of consistency or certified true copy is required);

Article 6. Procedures for granting initial registration certificate and definite-term registration certificate

1. Special vehicle’s owner prepares 01 (one) set of documents as prescribed in clause 1 and clause 2 of Article 5 herein for direct submission to the Department of Transport at the place where the owner’s main office or permanent residence is located. 

2. Department of Transport receives and verifies information contained in submitted documentation and informs the owner within 01 working day of receipt of submitted documentation.

a) If submitted documentation is not adequate as set out in regulations, the Department of Transport shall be responsible for instructing the owner to provide additional or further improved documentation;

b) If submitted documentation is adequate as set out in regulations, the Department of Transport shall give the owner the appointment note by using the form No.5 in Appendix 2 hereto. Time of inspection of special vehicle cannot exceed 05 days from the date of preparation of appointment note.

In case where a special vehicle is being used or moved outside of the registration locality, the Department of Transport receiving application documentation requests the Department of Transport at the place where the special vehicle is being used or remains in writing to inspect the special vehicle within 05 days of receipt of such request.

3. Department of Transport carries out the inspection of the special vehicle at the date and venue specified in the appointment note which is documented by using the form No. 6 describing a report on inspection of special vehicle in Appendix 2 hereto.

4. Within 03 working days from completion of the inspection or of receipt of the inspection result with respect to special vehicle being used or remaining outside of the locality where registration is issued, if all items listed in the inspection report meet specific requirements, Department of Transport shall grant the certificate of registration and number plate to the owner and record relevant information into the special vehicle register; in case the inspection result is not satisfactory, the Department of Transport must inform the owner and clearly state reasons.

5. Validity period of the definite-term certificate of registration of special vehicle shall be subject to clause 2 of Article 5 herein and start on the date of grant of registration and end on the date of expiry of the Investment Certificate or Investment Registration Certificate. 

Article 7. Procedures for granting temporary registration certificate

1. Special vehicle’s owner prepares 01 (one) set of documents as prescribed in clause 3 of Article 5 herein for direct submission to the Department of Transport at the nearest place. 

2. Department of Transport receives and verifies information contained in submitted documentation and informs the owner within 01 working day of receipt of submitted documentation.

a) If submitted documentation is not adequate as set out in regulations, the Department of Transport shall be responsible for instructing the owner to provide additional or further improved documentation;

b) If submitted documentation fully meets prescribed requirements, within 03 working days of receipt of valid and sufficient documentation, the Department of Transport shall issue the temporary registration certificate and record information about the registered special vehicle into its register. In case of refusal to issue registration, they must send a written response clearly stating reasons.

3. Temporary registration certificate must be valid within 20 days from the issue date.

Chapter III

RENEWAL OR REISSUANCE OF SPECIAL VEHICLE REGISTRATION CERTIFICATE AND NUMBER PLATE

Article 8. Documentation requirements for renewal or reissuance of special vehicle registration certificate and number plate

1. Application documentation for renewal of the registration certificate and number plate

The owner of the special vehicle which is refurbished or repainted; change in information related to the owner (other than change to another owner); certificate of registration or number plate of the special vehicle which is damaged, must go through required procedures for renewal of certificate of registration and number plate.  Application documentation for renewal shall be composed of the followings:

a) Registration form for renewal of Certificate of special vehicle registration and number plate prepared by using the form No. 8 of Appendix 2 hereto;

b) Original copy of special vehicle registration certificate;

c) Original copy of certificate of quality of refurbished special vehicle issued under regulations of the Ministry of Transport to the refurbished special vehicle;

d) Decision or written document on change issued by competent authorities in cases where the owner changes relevant information (duplicate thereof and presenting the original copy thereof for checking of consistency or certified true copy thereof is required).

2. Application documentation for reissuance of the registration certificate and number plate

The special vehicle’s owner who loses the certificate of registration or number plate must file application for reissuance of the certificate of registration or number plate.  Documentation requirements for re-issuance shall comprise the followings:

a) Registration form for reissuance of Certificate of special vehicle registration and number plate completed by using the form No. 8 of Appendix 2 hereto;

b) Written notice publicly made known on local mass media by using the form No. 17 of Appendix 2 hereto in case of loss of the certificate of registration.

Article 9. Procedures

1. Special vehicle’s owner prepares 01 (one) set of documents as prescribed in Article 8 herein for direct submission to the Department of Transport granting registration. 

2. Department of Transport receives and verifies information contained in submitted documentation and informs the owner within 01 working day of receipt of submitted documentation.

a) If submitted documentation is not adequate as set out in regulations, the Department of Transport shall be responsible for instructing the owner to provide additional or further improved documentation;

b) If submitted documentation is sufficient as prescribed in regulations, within the maximum period of 03 working days, the Department of Transport shall grant the renewed certificate of registration to the owner, claim back the previous certificate of registration and chop it off at the top right corner; within 15 working days, the Department of Transport shall decide to grant the new number plate which is the same as the previous one and collect the damaged one.    The registration of the refurbished special vehicle shall be subject to regulations laid down in point b of clause 2, 3 and 4 of Article 6 herein.   In case of refusal, they must send a written response clearly stating reasons.

c) In case of loss of registration certificate, within 02 working days of receipt of application documentation, Department of Transport can post information about such loss on the website of the Department of Transport for a period of 15 days.  After such period, if there is none of feedbacks regarding any dispute of the special vehicle that needs its registration to be regranted, within the maximum duration of 3 working days, the Department of Transport has to regrant the certificate of registration of special vehicle to the owner.

Chapter IV

SPECIAL VEHICLE OWNERSHIP TRANSFER AND REFERRAL

Article 10. Ownership transfer occurring in the same city or province

Special vehicle sold, purchased, gifted or inherited in the same centrally-affiliated city or province shall be subject to registration procedures for ownership transfer, including:  

1. Documentation requirements for ownership transfer shall comprise:

a) Special vehicle registration form made using the form No. 2 of Appendix 2 hereto;

b) Original copy of written document evidencing ownership of special vehicle made under Article 3 herein, except as prescribed in clause 3 of Article 19 herein;

c) Available certificate of registration of special vehicle (duplicate thereof and presenting original copy thereof for checking of consistency or certified true copy thereof is required).

2. Procedures:

a) Special vehicle’s owner prepares 01 (one) set of documents as prescribed in Article 1 herein for direct submission to the Department of Transport granting registration;

b) Department of Transport receives and verifies information contained in submitted documentation and informs the owner within 01 working day of receipt of submitted documentation.

If submitted documentation is not adequate as set out in regulations, the Department of Transport shall be responsible for instructing the owner to provide additional or further improved documentation;

In case where submitted documentation is adequate as legally prescribed, the Department of Transport must implement procedures as provided in point b of clause 2, clause 3 of Article 6 herein;

Within 03 working days of completion of the inspection, if the inspection result is satisfactory, the Department of Transport shall issue the certificate of registration of special vehicle bearing the new owner’s name, keep the previous number plate and chop the previous owner’s certificate of registration of at the top right corner and record information about such certificate into the register of special vehicles. In case of refusal, they must send a written response clearly stating reasons.

Article 11. Referral of special vehicle registered in the different centrally-affiliated city or province

Special vehicles sold, purchased, gifted or inherited in the different centrally-affiliated city or province must go through the registration procedures for referral or ownership transfer under the provisions of Article 12 and 13 herein.   In case of referring special vehicle from another centrally-affiliated city or province but keeping the owner unchanged, regulations set forth in point b of clause 1 of Article 12 herein shall not be applied.

Article 12. Procedures for referral of the registered special vehicle

1. Documentation requirements for referral shall comprise:

a) Special vehicle referral registration form completed by using the form No. 9 of Appendix 2 hereto;

b) Original copy of written document evidencing ownership of special vehicle made under Article 3 herein, except as prescribed in clause 3 of Article 19 herein;

c) Available certificate of registration of special vehicle (duplicate thereof and presenting original copy thereof for checking of consistency or certified true copy thereof is required).

2. Procedures:

a) Special vehicle’s owner prepares 01 (one) set of documents as prescribed in Article 1 herein for direct submission to the Department of Transport granting registration;

b) Department of Transport receives and verifies information contained in submitted documentation and informs the owner within 01 working day of receipt of submitted documentation.

If submitted documentation is not adequate as set out in regulations, the Department of Transport shall be responsible for instructing the owner to provide additional or further improved documentation;

If submitted documentation is adequate as legally prescribed, within 03 working days, the Department of Transport must refer the registration of the special vehicle by using the form No. 10 of Appendix 2 hereto, collect the number plate, chop the Certificate of registration off at the top right corner, record relevant information into the register and return the registration documentation to the owner. In case of refusal, they must send a written response clearly stating reasons.

Article 13. Procedures for registration of special vehicle referred from other centrally-affiliated city or province

1. Registration documentation shall comprise:

a) Special vehicle registration form made using the form No. 2 of Appendix 2 hereto;

b) Original copy of the form of referral of registration of special vehicle already granted under clause 2 of Article 12 herein and registered special vehicle documentation.

2. Procedures:

a) Special vehicle’s owner prepares 01 (one) set of documents as prescribed in clause 1 of this Article for direct submission to the Department of Transport at the receiving place;

b) Department of Transport receives and verifies information contained in submitted documentation and informs the owner within 01 working day of receipt of submitted documentation.

If submitted documentation is not adequate as set out in regulations, the Department of Transport shall be responsible for instructing the owner to provide additional or further improved documentation;

In case where submitted documentation is adequate as legally prescribed, the Department of Transport and the owner of special vehicle must implement procedures as provided in point b of clause 2, clause 3 and clause 4 of Article 6 herein.  In case of refusal, they must send a written response clearly stating reasons.

Chapter V

WITHDRAWAL OF THE REGISTRATION CERTIFICATE AND NUMBER PLATE

Article 14. Documentation on withdrawal of the registration certificate and number plate

1. Certificate of registration and number plate shall be withdrawn in the following cases:

a) Special vehicle is damaged to the extent of being no longer in use;

b) Special vehicle is lost without being found;

c) Special vehicle is sold or re-exported abroad;

d) Competent authority has detected any violation against regulations on issuance of registration and number plate to the extent that they must take required steps in revoking the certificate of registration and number plate.

2. Documentation requirements for withdrawal shall include:

a) Registration form for withdrawal of Certificate of special vehicle registration and plate number prepared by using the form No. 1 of Appendix 2 hereto;

b) Original copy of the certificate of registration of special vehicle and number plate (except in case of being lost).

Article 15. Procedures

1. Special vehicle’s owner prepares 01 (one) set of documents as prescribed in clause 2 of Article 14 herein for direct submission to the Department of Transport granting registration.

2. The Department of Transport receives submitted documentation, takes back the certificate of registration or number plate, records relevant information in the register of special vehicles and returns application documentation to the owner within the maximum duration of 02 working days of receipt of submitted application.

3. In case where the competent entity detects any violation against regulations on grant of registration and number plate under the provisions of point d of clause 1 of this Article, the Department of Transport shall issue a decision to revoke the certificate of registration or number plate and make it known to the public on the website of the Department of Transport.

Chapter VI

REGISTRATION CODE, CERTIFICATE AND NUMBER PLATE

Article 16. Registration code

Registration codes of special vehicles assigned by specific provinces or centrally-affiliated cities must be consistent with those assigned to road vehicles as specified in Appendix 3 hereto.

Article 17. Sample registration certificate and number plate

1. Certificate of special vehicle registration must be made using the form No. 11 of Appendix 2 hereto.

2. Fixed-term certificate of special vehicle registration must be made using the form No. 12 of Appendix 2 hereto.

3. Temporary certificate of special vehicle registration must be made using the form No. 13 of Appendix 2 hereto.

4. Register of special vehicles must be made using the form No. 7 of Appendix 2 hereto.

5. Number plate of special vehicle must be made using the form No. 14 of Appendix 2 hereto.

Chapter VII

HANDLING OF OCCURRENCES ARISING FROM REGISTRATION

Article 18. Designation and redesignation of engine and chassis number

1. Engine and chassis number shall be newly designated or redesignated in the following cases:

a) Designation of new numbers shall be required in case of none of engine or chassis number available on documentation and physical inspection according to the method specified in Appendix 4 hereto;

b) Redesignation of engine or chassis number shall be required to ensure the same engine or chassis number as the existing one if the existing one is blurred.

2. The Department of Transport shall decide on designating or redesignating engine or chassis number in the cases specified in clause 1 of this Article and shall record their decision into the report on inspection of special vehicle by using the form No. 6 of Appendix 2 hereto. In case where the Department of Transport is requested to enter into cooperation in inspection, chassis or engine number shall be designated or redesignated to be the same as those assigned by the Department of Transport implementing procedures for grant of registration.

3. In case of self-designation or erasure or correction of engine or chassis number, the Department of Transport shall have the right not to grant registration.

Article 19. Handling of difficulties or occurrences

1. If the owner of special vehicle loses registration documentation, the following steps must be taken

a) The owner prepares the registration form of special vehicle by using the form No. 2 of Appendix 2 herein together with duplicate copies of lost documents certified by issuing authorities and public notice issued under point b of clause 2 of Article 8 herein for direct submission to the Department of Transport at the place where the owner’s main office or permanent residence is located.

b) Within 02 working days of receipt of sufficient documentation as set out in regulations, the Department of Transport must publish and maintain information on the Department’s website for a period of 15 days.  After such period, if there is none of feedbacks concerning any dispute arising from the special vehicle that needs to obtain registration, the Department of Transport shall carry out procedures prescribed in point b of clause 2, 3 and 4 of Article 6 herein.

2. Referral and transfer of ownership of special vehicle

a) If a special vehicle of which registration is referred and whose owners have not yet completed registration at the arrival place is resold to another owner, the Department of Transport on the buyer's side shall receive submitted documentation and shall grant registration in accordance with Article 13 herein;  

b) After granting registration, the Department of Transport granting registration shall send a written notification to the arrival Department of Transport to request them to adjust information contained in the register of special vehicles.

3. If multiple special vehicles are declared in the same document with respect to those documents specified in Article 3, clause 4 and clause 5 of Article 4 herein, the applicant for registration must submit an original or duplicate copy of each vehicle at the Department of Transport granting registration (except in case of temporary registration prescribed in clause 3 of Article 5 herein). The Department of Transport granting registration shall be responsible to give registration applicants written confirmation about retention of original copies.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 20. Directorate for Roads of Vietnam

1. Administer issuance, renewal and withdrawal of Certificate of special vehicle registration or number plate across the nation.

2. Manage issuance of the blank certificate of special vehicle registration and number plate and the engine or chassis numbering toolkit for uniform use throughout the nation.

3. Inspect Departments of Transport to ensure they comply with regulations laid down herein.

Article 21. Departments of Transport

1. Take charge of issuance, renewal and withdrawal of Certificates of registration and number plates of special vehicles in compliance with this Circular within their respective jurisdiction.

2. Manage registration documentation

Store and manage initial registration documentation, grant fixed-term, temporary registration, renewal, reissuance and withdrawal of Certificate of registration or number plate; documentation on transfer of ownership or referral of registration or number plate and other documents related to grant, renewal or withdrawal of certificate of registration or number plate;

3. Collect, pay and use fees and charges for grant of registration of special vehicles under regulations of the Ministry of Finance.

4. Report to the Directorate for Roads of Vietnam on demands for blank Certificates of special vehicle registration and number plate by using the form No. 15 of Appendix 2 hereto.

5. Carry out the inspection of special vehicle upon the request for cooperation in such inspection from other Department of Transport.

6. Before January 15 each year, submit the review report on grant of registration or number plate by using the form No. 16 of Appendix 2 herein to Directorate for Roads of Vietnam.

Article 22. Special vehicle owner

1. Strictly comply with laws on registration of special vehicles.

2. When registering directly with entities granting registration, the owner of special vehicle must show conventional or new-format ID card or passport remaining valid for checking purposes; in case the applicant for registration is not the owner inscribed on the existing registration certificate, he/she must show written authorization as provided in law; the representative of the institutional applicant must show the introduction letter.

Chapter IX

ENTRY INTO FORCE AND IMPLEMENTARY RESPONSIBILITIES

Article 23. Entry into force

1. This Circular shall enter into force from August 1, 2019.

2. This Circular shall replace the Circular No. 20/2010/TT-BGTVT dated July 30, 2010 of the Minister of Transport, prescribing issuance, renewal and withdrawal of registration and number plate of special vehicles using roads and the Circular No. 59/2011/TT-BGTVT dated December 5, 2011 of the Minister of Transport on amendments to certain articles of the Circular No. 20/2010/TT-BGTVT dated July 30, 2010 of the Minister of Transport, prescribing grant, renewal and withdrawal of registration and number plate of special vehicles using roads.

Article 24. Implementary responsibilities

The Chief of the Ministry’s Office, the Ministry’s Chief Inspector, Directors of departments, Director of Directorate for Roads of Vietnam, Directors of Departments of Transport and Heads of entities, organizations or individuals concerned, shall be responsible for implementing this Circular./.

APPENDIX 1

LIST OF SPECIAL VEHICLES
(to the Circular No. 22/2019/TT-BGTVT dated June 12, 2019 of the Minister of Transport)

I. Heavy-duty vehicles

1. Earthworks machineries:

a) Excavators:

- Wheel excavators,

- Chain excavators,

- Excavators with mixed tyres;

b) Bulldozers:

- Wheel bulldozers,

- Chain bulldozers,

- Bulldozers with mixed tyres;

c) Grab bucket excavators;

d) Graders;

dd) Rollers:

- Wheel rollers,

- Steel wheel rollers,

- Rollers with mixed tyres.

2. Road surface equipment:

a) Pavement material spreaders;

b) Aggregate pavement equipment;

c) Concrete pavement equipment;

d) Asphalt concrete mixers;

dd) Bitumen sprayers;

e) Road cleaners;

g) Road repair and maintenance equipment;

h) Asphalt milling machines.

3. Foundation construction equipment:

a) Pile drivers;

b) Drilling rigs.

4. Pipe laying equipment.

5. Gravel crushing and screening machines.

6. Other special-purpose equipment and vehicles,

II. Loading and unloading equipment and vehicles

1. Loading equipment:

a) Wheel loaders;

b) Chain loaders;

c) Loaders with mixed tyres;

d) Loading bulldozers.

2. Lifting equipment and vehicles.

3. Cranes:

a) Wheel cranes (except cranes mounted on vehicle chassis);

b) Chain cranes.

4. Other purpose-built loading and unloading equipment and vehicles.

III. Special vehicles and equipment used in the agricultural production sector

IV. Special vehicles and equipment used in the forestry sector.