Chương I Thông tư 58/2020/TT-BCA: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular sets forth procedures for issuance and revocation of vehicle registration and license plates of road motor vehicles, including: automobiles; tractors; trailers or semi-trailers towed by vehicles or tractors; two-wheeled, three-wheeled motorcycles; mopeds (including electric bikes) and other vehicles built with similar specifications; heavy-duty vehicles used by the Police for the security purpose (hereinafter referred to as vehicle registration).

Article 2. Regulated entities

1. This Circular shall apply to:

a) Traffic police commissioned officers and non-commissioned officers (hereinafter referred to as the officers) in charge of the vehicle registration;

b) Police officers serving in competent units and local departments;

c) Domestic bureaus, organizations and individuals; foreign organizations and individuals with legitimate head office or residence within the territory of Socialist Republic of Vietnam, who are involved in the vehicle registration.

2. This Circular shall not apply to the registration of road motor vehicles used for the purpose of national defense.

Article 3. Vehicle registration authority (also known as the competent vehicle registry)

1. The competent vehicle registry shall manage and keep records as prescribed, information about vehicles is consistently managed on the registration database of the Department of Traffic Police.

2. The competent vehicle registry must have direction diagrams and citizen reception schedule, and be located in a place convenient for receiving and processing applications and procedures for vehicle registration, have seats, a parking lot, mailbox, desk name plates for officers in charge of vehicle registration and publicly post up regulations governing procedures for vehicle registration, vehicle registration fees, violations against regulations on vehicle registration and issuance of license plates and respective punishment.

3. Department of Traffic Police shall register and issue the license plate for vehicles of Ministry of Public Security, and automobiles of diplomatic missions, consular offices and representative offices of international organizations and foreign nationals working for these ones; automobiles owned by agencies and organizations as stipulated at the Appendix No.01 of this Circular.

4. Division of Traffic Police, Division of Roadway - Railway Traffic Police, and Division of Road Traffic Police affiliated to the Department of Public Security of provinces and centrally-affiliated cities (hereinafter referred to as Traffic Police Division) shall register and issue the license plate for the following types of vehicles (exclusive of those owned by agencies, organizations and individuals as regulated at Clause 3 of this Article):

a) Automobiles, tractors, trailers and semi-trailers; motorcycles built with a cylinder capacity of over 175 cm³ or those confiscated by competent authorities, and certain vehicles built with the similar specifications to the aforesaid, owned by agencies, organizations and individuals, enterprises, military enterprises, individuals, all of which establish their head office or residence in the local areas where these vehicles are registered;

b) Motorcycles, mopeds, electric vehicles and others built with the similar specification to the aforementioned, owned by foreign agencies, organizations and individuals, or used at projects, foreign joint-venture economic institutions at the local areas where these vehicles are registered, and those owned by organizations and individuals who establish their head offices and residence in districts, towns and provincial municipalities where Traffic Police Division is located.

5. The Police of a district, town and provincial municipality (hereinafter referred to as the Police of a district) shall be eligible to grant the vehicle registration and issue the license plate for motorcycles, mopeds, electric vehicles and others built with the similar specification to the aforementioned, owned by domestic agencies, organizations and individuals who establish their head offices and residence where their vehicles are registered (regardless of vehicles of agencies, organizations and individuals as stipulated at Clause 3 and 4 of this Article).

6. Where applicable and due to the practical conditions at border districts, remote and isolated areas or other local areas facing with the material hardship, the Director of Department of Public Security in a province and centrally-affiliated city, after sending a report to and receiving guidelines in writing from Director of General Department of Administrative Police for Social Order and Safety to register and grant the license plate in group.

Article 4. Time limit for the issuance of vehicle registration and license plates

1. The license plate shall be issued or replaced immediately after receiving a duly completed application.

2. Issuance of temporary vehicle registration certificates and temporary license plates: to be completed within a day.

3. Initial issuance and replacement of vehicle registration certificates, issuance of certificates of revocation of vehicle registration and license plate: not exceeding 2 working days, after receiving a duly completed application.

4. Re-issuance of license plate which is lost, blurry or broken: not exceeding 7 working days, after receiving a duly completed application.

5. Re-issuance of the vehicle registration certificate that has been lost: not exceeding 30 working days, after receiving a duly completed application.

Article 5. Responsibilities held by officers in charge of the vehicle registration

1. Comply with legal regulations of this Circular and other relevant laws pertaining to the vehicle registration.

2. Instruct the vehicle owner to perform certain procedures for vehicle registration as per the law; receive the application for vehicle registration after checking and comparing the application and corresponding vehicle in reality as per the law. Where the application is not deemed duly completed as required, they must provide the registrant with sufficient and thorough instructions.

3. Receive application for vehicle registration and issuance of license plate after the vehicle owner restores the origin of vehicle which violates security regulations: intentionally changing paint, drawing, advertisement, installation of equipment on the vehicle, change of function of the vehicle as per the law.

Article 6. Responsibilities held by legal vehicle owners

1. Strictly abide by laws and regulations on the vehicle registration; have their vehicles inspected at the competent vehicle registry as per Article 3, fill in application form for vehicle registration as per Article 9 of this Circular; take legal liability for legality of the vehicle and application for vehicle registration; and pay fees for the registration. Strictly prohibit tampering with required documents as well as any attempt in changing engine and chassis number for the purpose of obtaining the vehicle registration.

2. Have their vehicles inspected at the competent vehicle registry in case of initial registration and registration of title transfer, refurbishment, and paint change. Before the vehicle renovation, change of paint (including drawing, advertisement), the vehicle owner must make declaration of vehicle renovation or change of vehicle paint on the website of the Department of Traffic Police or in person at the competent vehicle registry and obtain the confirmation of the competent vehicle registry; and then carry out procedures for replacement of the certificate of vehicle registration when the vehicle has been renovated or the address of the vehicle owner has been changed.

3. Within 7 days, from the date of documenting the vehicle title transfer from an entity:

a) to another entity in different province or central-affiliated city (hereinafter referred to as inter-provincial title transfer): The vehicle owner shall, in person or authorize another entity to, submit an application form for vehicle registration and the license plate to the competent vehicle registry;

b) to another entity in the same province or central-affiliated city (hereinafter referred to as intra-provincial title transfer): The vehicle owner shall, in person or authorize another entity to, submit an application form for vehicle registration to the competent vehicle registry; if the entity as a buyer, receiver or heir of that vehicle carries out the procedures for vehicle title transfer immediately, the revocation of the vehicle registration certificate is not required.

4. Within a period of 30 days as from the date of documenting the vehicle title transfer, the entity as a buyer, receiver, or heir of that vehicle must have their vehicle registered at the vehicle registry to complete the procedures for issuance of vehicle registration and license plate.

5. Within 7 days from the date on which vehicle’s life cycle ends, the vehicle is broken or destroyed by objective reasons, the vehicle owner must make declaration of revocation on the website of the Department of Traffic Police and submit the vehicle registration certificate or license plate in person to the competent vehicle registry or submit in person to the police of commune, ward, town where he/she resides (the police of commune for short) or authorize an entity to come to the competent vehicle registry, in person, to complete procedures for revocation of the vehicle registration certificate and license plate.