Chương II Thông tư 58/2020/TT-BCA: Thủ tục, trình tự đăng ký, cấp đổi, cấp lại và thu hồi giấy chứng nhận đăng ký xe, biển số xe

Chapter II

PROCEDURES FOR REGISTERING, REPLACING, RE-ISSUING REVOKING THE CERTIFICATE OF VEHICLE REGISTRATION AND LICENSE PLATE

Section A. DOCUMENTATION OF VEHICLE REGISTRATION AND LICENSE PLATE

Article 7. Vehicle registration declaration

The legal owner shall be responsible for fully declaring the contents required in the vehicle registration declaration form No. 01 attached to this Circular.

Article 8. Vehicle documentation

1. Vehicle origin documentation:

a) Regarding imported vehicle:

As for imported vehicles under a commercial contract, tax-exempt vehicles, specialized vehicles and vehicles used as the project-based aid: Origin declaration of the automobile or motorbike as prescribed.

With respect to non-trade imported vehicles, those used as a gift or imported vehicles in the form of a relocated property and vehicles serving the purpose of grant aid and humanity, they are required to submit: A customs declaration, temporary import license and receipts of import duty, special excise duty, and/or value-added tax on imported goods (as required) or payment order or state budget deposit bill which specifies the paid tax/duty. Case of tax exemption: the written decision or documentation of tax exemption from competent authorities, or the certificate of aid in accordance with statutory regulations (as a substitute for the tax receipt) or the import license documenting the tax exemption must be included.

As for vehicles taxed at the rate of 0%: the declaration of non-trade import and export goods shall be required as regulated, in which vehicle brand name, engine and chassis number must be clarified.

As for temporarily imported and re-exported vehicles of those who are eligible for the diplomatic privileges and immunities in accordance with legal regulations or International Treaties of which Vietnam is a member; vehicles of foreign experts who are developing ODA projects in Vietnam; Vietnamese expatriates who are invited to work in Vietnam: customs declaration as regulated and (temporary) import license;

b) Any vehicle that is domestically manufactured and assembled: The certificate of ex-factory quality inspection for road motor vehicles from the manufacturer in accordance with legal regulations;

c) Refurbished vehicles:

The certificate of vehicle registration (applied to those that have been already registered) or the documentation of origin for the importation (applied to those that have been already used) must be included, as stipulated at Point a, Clause 1 of this Article.

The certificate of technical quality, safety assurance and environment protection for refurbished motor vehicles must be submitted;

d) As for confiscated vehicles, the following documents must be submitted:

The decision on confiscation to raise the state fund or the decision on establishment of universal ownership as to the vehicle or citation of a judgment concerning confiscation of vehicle, with all characteristics of the vehicle: Make, model number, model, engine number, chassis number, cylinder capacity, year of manufacture (for automobile).

The invoice of selling confiscated properties to raise the state fund, the invoice of selling public property or selling state-owned property (applied to those settled by auction); the written report of property delivery (applied to those settled by means of transfer); money receipt or transfer note (applied to aggrieved party).

2. The documentation of vehicle title transfer shall include any of the following:

a) Invoices, financial documents (receipts) or documentation on sale and gifting of vehicle (decision, contract, inheritance document) as per the law;

b) Written agreement on sale or gifting of vehicle between individuals must be authenticated or notarized, or certified by the employers with respect to the armed forces; and foreign nationals working for diplomatic missions, consular posts and representative offices of international organizations, and registers his/her vehicle at the address of his/her employer, he/she must provide the confirmation from them.

c) As for liquidated vehicles of police: A decision on liquidation of vehicle made by the competent authority and invoice of selling public property or selling state-owned property;

d) As for liquidated vehicles of military: A certificate of vehicle registration, an official dispatch certifying that the vehicle has been moved out of the military equipment of the Department of Vehicles affiliated to the Ministry of National Defense and an invoice of selling public property or selling state-owned property.

3. Proof of payment of vehicle registration fee:

a) A receipt or a written proof of payment to the state budget or payment order through the bank of vehicle registration fee or other documentation on payment of vehicle registration fee as per the law or document printed from the vehicle registration system (with all information about the make, model number, model, engine number, chassis number). If there is only one proof of payment for vehicle registration fee, each vehicle must submit a proper duplicate legally certified and confirmed by an agency where that proof has been issued;

b) As for vehicles exempted from paying the registration fee: the declaration of registration fee certified by the tax authority.

Article 9. The owner’s legal documentation

1. If the legal owner is Vietnamese, one of these documents must be submitted: Identity card (9-digit or 12-digit) or household register. If the legal owner is a member of armed forces' personnel, one of these documents must be submitted: people’s police or military identity card or document certified by the head of working agency/unit of regiment or higher, division of police office of district or higher (in the absence of identity card of the armed forces' personnel).

2. If the legal owner is a Vietnamese expatriate currently living and working in Vietnam, temporary residence or household register and passport (valid) or any other valid document in lieu of passport must be submitted.

3. The legal owner is a foreign national.

a) As for foreign nationals who are working for diplomatic missions, consular posts and representative offices of international organizations: they must show a letter of accreditation to Directorate of State Protocol or Department of Foreign Affairs and Diplomatic and Official Identity Card (valid);

b) As for foreign nationals working and living in Vietnam: they must show their passport (valid) or other valid substitutes for passport.

4. The legal owner is an agency or organization:

a) If the legal owner is a Vietnamese agency or organization: identity card (9-digit or 12-digit) of the authorized person must be shown. Regarding a military enterprise, a letter of introduction signed and sealed by the Director of Department of Vehicles affiliated to the Ministry of National Defense must be shown;

b) If the legal owner is a diplomatic mission, consular post and representative office of international organization in Vietnam: A letter of accreditation from Directorate of State Protocol or Department of Foreign Affairs Diplomatic and Official Identity Card (valid) of the authorized person must be shown;

c) If the legal owner is a joint-venture or wholly foreign-owned enterprise, representative office and a foreign enterprise who have won a bidding in Vietnam, and non-governmental organization: the authorized person to register their vehicle must show his/her identity card (9-digit or 12-digit) or passport (in case of foreigner).

5. The authorized person to carry out the vehicle registration, apart from the documentation of the vehicle owner as prescribed in clauses 1, 2 and 3 of this Article, he/she must show his/her identity card (9-digit or 12-digit) or diplomatic or official identity card (valid).

Section V. ISSUANCE, REPLACEMENT, RE-ISSUANCE OF VEHICLE REGISTRATION AND LICENSE PLATE

Article 10. Issuance of vehicle registration and license plate

1. Initial issuance of vehicle registration and license plate:

a) The vehicle owner submits the required documents as prescribed in Articles 7 and 8 and show the documentation of vehicle owner as prescribed in Article 9 of this Circular;

b) The officer in charge of vehicle registration shall check the application and the vehicle in reality if all requirements are met;

c) Guide the vehicle owner to pick the license plate number randomly on the vehicle registration system;

d) The vehicle owner receives the appointment note to return the certificate of vehicle registration, pay the vehicle registration fee and receive the license plate;

dd) The officer in charge of vehicle registration shall complete the documentation and issue certificate of vehicle registration as prescribed in Article 4 of this Circular.

2. Registration of title transfer:

a) Any organization or individual who is a seller, giver or transferor of the vehicle must declare and submit the certificate of vehicle registration and license plate as prescribed in clause 3 Article 6 of this Circular;

b) The officer in charge of vehicle registration shall revoke vehicle registration and license plate on the vehicle registration system, issue the certificate of revocation of vehicle registration and issue the temporary the license plate;

c) Any organization or individual who is a buyer, a receiver or a transferee of the vehicle shall come to the vehicle registry of residence to: submit documentation as prescribed in Article 7; clause 2, clause 3 Article 8, the certificate of revocation of vehicle registration and license plate (not applying to the title transfer after completing the procedures for vehicle title transfer) and show the documentation of the vehicle owner as prescribed in Article 9 of this Circular to complete the vehicle title transfer. Procedures for issuance of license plate in points b, dd (applying to intra-provincial title transfer for automobile, or title transfer for motorbike within the same vehicle registry) and points b, c, d, and dd clause 1 of this Article (applying to inter-provincial title transfer).

3. Vehicle registration in case the database of vehicle registry connects with the electronic database of Ministries and agencies: Documentation prescribed in Articles 7, 8 and 9 of this Circular replaced by electronic database prevails as a basis for issuance of vehicle registration and license plate.

a) Checking information about the vehicle owner: Based on the identity card in the vehicle registration form (form 01), the officer in charge of vehicle registration to compare the information of the vehicle owner on the identity card database or the national public service portal;

b) Checking electronic information of vehicle: Based on the electronic invoice, ref. number of declaration of registration fee, e-customs declaration, information about the domestically produced vehicle in the vehicle declaration form (form 01), the officer in charge of vehicle registration shall check the database of electronic invoice, payment of registration fee of the organizations and individuals paid through banks and state treasuries or the payment intermediary service provider of General Department of Taxation transmitted to the Department of Traffic Police or the national public service portal; check the database of e-customs declaration, domestically produced vehicle transmitted to the Department of Traffic Police or the national public service portal.

4. Online vehicle registration (via the Internet): The vehicle owner shall make the vehicle declaration, and then access to the section of vehicle registration form (form 01) on the website of the Department of Traffic Police or the national public service portal to register vehicle online and receive the ordinal number, appointment to process application via email and phone message. The officer in charge of vehicle registration shall check the declaration and proceed the registration for the vehicle owner. The vehicle dossier is stipulated in Articles 8 and 9 and procedures for issuance of vehicle registration and license plate is stipulated in Article 10 of this Circular.

Article 11. Replacement and re-issuance of the certificate of vehicle registration and license plate

1. Subject matters of replacement and re-issuance of certificate of vehicle registration: refurbished vehicle, repainted vehicles, vehicles used for transport business registered for issuance of license plate with white background, black letters and numbers; extension for certificate of vehicle registration; certificate of vehicle registration which is blurry, torn or lost, or change of vehicle owner details (name, address) or vehicle owner wishes to replace the old certificate of vehicle registration with a new certificate of vehicle registration as per this Circular.

2. Subject matters of replacement and re-issuance of license plate: The license plate is blurry, broken, or lost; or the vehicle owner wishes to the replace 3-digit or 4-digit license plate number to 5-digit license plate number; the vehicle used for transport business registered for change from license plate with white background, black letters and numbers to license plate with yellow background, black letters and numbers.

3. Procedures for the replacement or re-issuance of vehicle registration and license plate: The vehicle owner shall submit required documents in Articles 7 and 9 of this Circular, the certificate of vehicle registration (in case of change of certificate of vehicle registration) or license plate (in case of change of license plate), regarding a refurbished vehicle which changes engine subassembly or chassis subassembly, additional documents below are required: Proof of payment of registration fee as regulated, title transfer documentation (in case of change of engine or chassis) as regulated, the origin documentation of engine subassembly or chassis subassembly.

Section C. TEMPORARY VEHICLE REGISTRATION

Article 12. Types of vehicle subject to the temporary registration include:

Vehicles which have not been registered or issued with official license plates wish to join traffic; vehicles registered abroad which have been permitted by the competent authorities to enter Vietnam for tourism, conferences, trade fairs, exhibition, and sports; vehicles used for conferences held by the Communist Party, the State, the Government; vehicles applying for revocation of certificate of vehicle registration and license plate to be re-exported to home country or transfer in Vietnam and vehicles subject to a decision on transfer, sale, or gifting.

Article 13. The documentation of temporary vehicle registration

1. A vehicle, manufactured and assembled in Vietnam, must complete the following documents:

a) The declaration of vehicle registration (form 01);

b) The copy of sales invoice as prescribed or warehouse discharge note.

2. Imported vehicles; those that are temporarily imported and re-exported within an expiration date:

a) The declaration of vehicle registration (form 01);

b) The copy of declaration of import and export goods or a detailed declaration of imported vehicle. If a vehicle completes the procedure for importation, the application for the registration and issuance of temporary license plate must include certain documents as stipulated at Clause 1 Article 8 of this Circular.

3. Vehicles permitted by competent authorities to enter Vietnam for tourism, conferences, trade fairs, exhibition, and sports; foreign vehicles travelling in Vietnam and vehicles used for conferences held by the Communist Party, the State, or the Government: The copy of certificate of vehicle registration or list of vehicles applied for registration approved by the competent authority.

4. As for automobiles, owned by foreigners and registered in foreign countries, and built with right-hand drive, or “canavan” left-hand drive that are allowed to run on the roads as per the law, the application for its legal operation on the roads shall include:

a) The declaration of vehicle registration (form 01);

b) A document which allows the automobile to run on the roads in Vietnam made by the competent authority.

Article 14. Validity period of certificate of temporary vehicle registration, temporary vehicle registry

1. The certificate of temporary vehicle registration is valid within 30 days.

2. Regarding vehicles provided for in clauses 2, 3 and 5 Article 13 of this Circular:

3. Temporarily registered vehicles shall be allowed to operate within an expiry date, and on the roads and at the areas that shall be clearly defined in the certificate of temporary vehicle registration.

4. The vehicle owner may register the vehicle at the nearest vehicle registry.

Section D. REVOCATION OF VEHICLE REGISTRATION AND LICENSE PLATE

Article 15. The certificate of vehicle registration and license plate shall be revoked in the event of:

1. Any vehicle that is out of order, unusable and damaged due to objective reasons.

2. Vehicles that are disassembled to use their engine and chassis as spare parts for other vehicles.

3. Temporarily imported vehicles of foreign agencies, organizations and individuals for the purpose of re-exportation and transfer in Vietnam.

4. Vehicles that are exempted from the import duty and are currently transferred to serve other purposes.

5. Vehicles that are registered at special economic and commercial zones or international border gate economic zones as promulgated by the Government when they are re-exported and transferred into Vietnam.

6. Vehicles that have been lost, stolen or illegally possessed and the legal owner asking for the revocation of their vehicle registration certificate.

7. End-of-life vehicles; vehicles that are unroadworthy as stipulated by laws; any vehicle of which both or either of the engine number and chassis number are/is falsified according to the conclusion of a competent authority.

8. Any vehicle which has been registered but its license plate does not conform to this Circular.

9. Vehicles undergoing title transfer.

10. Any military vehicle which no longer needs issuance of a civil license plate.

11. Any vehicle which has been registered but the application thereof was falsified or the license plate has been issued against the law.

Article 16. Procedures for revocation of certificate of vehicle registration and license plate

1. The vehicle or an authorized person/agent shall submit the certificate of vehicle registration and license plate to the authority provided for in clauses 3 and 5 Article 6 of this Circular. If the certificate of vehicle registration and/or license plate are/is lost, the vehicle owner must submit: a loss claim which clearly states causes of loss.

2. The officer in charge of vehicle registration shall receive the information and revoke the certificate of vehicle registration and license plate on the system and issue a certificate of revocation as prescribed.

Article 17. Responsibilities held by police units for revocation of certificate of vehicle registration and license plate

1. Responsibilities held by the competent vehicle registries:

a) Based on a list of end-of-life automobiles and vehicles that are not allowed to run on roads as stipulated by laws, the competent vehicle registry shall notify the vehicle owner of the revocation of the certificate of vehicle registration and license plate. Within 30 days from the notification date, if the vehicle owner fails to return the certificate of vehicle registration and license plate, the competent vehicle registry shall revoke the certificate of vehicle registration and license plate on the vehicle registration and management system and send notices to traffic polices units to take further actions as per the law;

b) Update the declaration of the vehicle owner on the website of the Department of Traffic Police and national public service portal as to end-of-life vehicles, vehicles that are out of order and unusable, vehicles that are destroyed due to objective reasons, and lost vehicles to proceed the procedures for revocation of vehicle registration and license plate as prescribed. Notify the vehicle owner via email or phone message of such revocation;

c) Regarding a vehicle which has been registered but it is found that the vehicle application is fake or issued with a license plate against the law, the competent vehicle registry shall notify the owner of the vehicle and issue a decision on revocation of vehicle registration and license plate (form 10). For the fake vehicle application, request the investigating authorities to clarify and handle it as prescribed by law.

2. Responsibilities of police units:

a) Through the work of ensuring traffic order and safety, social order and safety, detecting vehicles provided for in clauses 6, 7, 8 and 11 Article 15 of this Circular, making a record, handle according to the provisions of law, and then sending notices to the competent vehicle registries that have registered such vehicles for supervision;

b) Based on the list of end-of-life automobiles, provided by the vehicle registries, the police of the commune where the owner of the vehicle resides shall notify, revoke and send certificates of vehicle registration and license plates to registries that have granted vehicle registration certificates via inter-ministerial way of Ministry of Public Security or through authorized organizations or individuals;

c) In the event of vehicles that have been totally destroyed due to traffic accidents, the competent agency where these accidents are handled shall revoke the certificate of vehicle registration and license plate and send a written notice to another competent agency where these vehicles have been registered in order to revoke their certificate of vehicle registration and license plate.

Section E. GUIDANCE ON SETTLEMENT OF SOME SPECIFIC CASES

Article 18. Cases related to the engine and chassis number

1. Vehicles of which both or either of engine and chassis numbers may be welded and chiseled shall not be registered.

2. Registered vehicles with engine numbers, chassis numbers faded, rusty or corroded due to environmental impacts, and concluded by the inspection agency that the engine numbers and chassis numbers are not opaque or erased shall be reassembled according to engine number and chassis number recorded in the vehicle record; in case the vehicle replaces the imported engine, block or chassis that have not been stamped with number, the serial number will be stamped according to the license plate.

3. Imported vehicles:

a) Vehicles designed without engine and chassis numbers: In the customs’ declaration of origin for imported vehicles, if engine and chassis numbers are determined as ‘not available’ or ‘not found yet’, license plate numbers must be given instead. If engine and chassis numbers have been found since then, the customs authority must be informed of carrying out the verification;

b) As for vehicles of which engine and chassis numbers are printed on a tag or stamped with painted, faded and rusty numbers, they are allowed to get the numbers verified in the customs’ declaration of origin for imported vehicles to be restamped. In case trailers, semi-trailers, tractors, electric motorcycles, electric automobiles with chassis numbers or engine numbers are blurry, they shall be stamped according to the numbers in the certificate of technical safety and quality and environmental protection for imported motor vehicles;

c) If vehicles are verified by the customs authority to have VIN only and none of engine and chassis numbers are found, they are allowed to replace the chassis number with VIN (take a photo of VIN as a substitute for the rubbing of chassis numbers) and get their chassis number to be restamped following license plate numbers;

d) Vehicles, which have their engine and chassis numbers re-stamped, shall not be registered (except for those approved in writing by the Government or the Prime Minister).

4. Any vehicle that is domestically manufactured and assembled:

a) Vehicles built with their engine and chassis numbers stamped by lasers or with faded and unreadable ones shall have them re-stamped with the numbers identical to those defined in the certificate of ex-factory quality inspection;

b) Vehicles, of which the engine and chassis numbers are overlapped, are subject to be verified by the examination authority. If the tampering attempts have been found, the registration shall be rejected; in case the engine and chassis number are proved to remain intact, it shall be re-stamped with the numbers identical to those defined in the certificate of ex-factory quality inspection.

c) Vehicles, of which the engine and chassis numbers have been stamped domestically with technical defects, then re-stamped and verified by manufacturers, shall be registered.

5. Vehicles subject to the decisions on confiscation and material evidence settlement and of which their existing engine and chassis numbers are corroded, faded or rusty due to long-term vehicle storage process; or the inspection agency concludes that the engine numbers, chassis numbers are chiseled, erased, or the original engine numbers or chassis numbers cannot be identified, they shall be re-stamped with the numbers identical to license plate numbers.

6. In any case, the stamping of the engine and chassis number must be carried out by the competent vehicle registries.

Article 19. Solutions to registering the title transfer for vehicles that have transfer their legal ownership to various persons

1. Title transfer procedures and documentation: The person using the vehicle is going to the vehicle registration management agency to carry out the procedure for title transfer and present documentation as prescribed in Article 9 of this Circular, clearly stating the process of legal sale and delivery of vehicles, commit the origin of the vehicle and submit the following documents:

a) The certificate of vehicle registration and license plate specified in Clause 3 Article 6 of this Circular;

b) A proven documentation of the title transfer of the person whose name is put in the vehicle registration certificate, and a proven documentation of the title transfer of the person who is the end-seller (if any).

2. Title transfer procedures and documentation: The vehicle user shall come to the vehicle registry of the residence: present the documentation prescribed in Article 9 of this Circular and submit the following documents:

a) The declaration of vehicle registration (form 01);

b) A proof of vehicle registration fee according to statutory regulations;

c) The certificate of revocation of vehicle registration and license plate (for inter-provincial title transfer for automobile, or title transfer for motorbike within the same vehicle registry).

3. Responsibilities held by the competent vehicle registries:

a) Where vehicle users keep the title transfer documents of the person whose name is put in the certificate of vehicle registration and end seller’s title transfer documentation, they must submit the following: Within two working days from the date of receiving a duly complete application, the vehicle management authority shall handle the registration and issuance of license plates (for inter-provincial title transfer for automobile, or title transfer for motorbike within the same vehicle registry) or issue a certificate of revocation of vehicle registration and license plate to the vehicle user in order to carry out procedures for vehicle registration and issuance of license plate issuance at their place of residence;

b) Where vehicle users’ certificate of title transfer is not available, their application must include: the vehicle management authority shall issue a valid appointment to use the vehicle within 30 days; send notices to the person whose name is put in vehicle registration, post up publicly on the website of the Traffic Police Department and at the offices of the agencies; search the archives of stolen vehicles and vehicle registration data right after receiving the title transfer documentation. After 30 days without any dispute or lawsuit, the vehicle management agency shall handle the registration and issuance of license plate (for inter-provincial title transfer for automobile, or title transfer for motorbike within the same vehicle registry) or issue a certificate of revocation of vehicle registration and license plate to the vehicle user in order to carry out procedures for vehicle registration and issuance of license plate issuance at their place of residence.

4. Responsibilities held by a vehicle user:

a) Go to the vehicle registry in person to carry out the title transfer procedures;

b) Make declaration to take legal responsibility for the origin of the vehicle, the process of sale and delivery of the vehicle;

c) Declare and pay the registration fee as per the law.

5. Responsibilities of authorities in charge of database of stolen vehicles and vehicles as material evidence: Promptly after receiving such a written request for verification from the vehicle registry, the authority in charge of database of stolen vehicles and vehicles as material evidence shall reply in writing to the vehicle registry.

Article 20. Solutions to dealing with other specific cases during the registration and issuance of license plate

1. Invoice:

a) For vehicles registered for the first time and sold through various organizations, agencies or enterprises: The original copy of the invoice of the organization, agency or enterprise that sold the vehicle for the last time, if multiple vehicles share the same invoice, notarized or authenticated copies of invoices for each vehicle are required;

b) For vehicles of enterprises and business establishments: VAT invoices, sales invoices or self-printed invoices according to law provisions; in case of purchase of liquidated vehicles of public entities: the invoice of the sale of state property or the invoice of sale of public properties; in case of the confiscated vehicle: The invoice of sale of confiscated property to raise the state fund or the invoice of the sale of state property or the invoice of public property sale (the original or a notarized or authenticated copy or validation), auctioned car bank: invoices according to regulations) Organizations and individuals that contribute capital to an enterprise whose capital contribution documents are the capital contribution record or the property delivery note, when withdrawing capital from the enterprise: Record of vehicle return or property delivery and receipt record is required. In case of capital contribution to an enterprise, with a value-added invoice, when withdrawing capital, the enterprise shall issue a value-added tax invoice. If the business sells a vehicle: an invoice as prescribed by law is required.

2. Refurbished vehicles:

a) In case the vehicle only replaces the engine or block subassembly or the chassis subassembly (the whole engine and the chassis are not replaced):

Submit the documentation as required in Articles 7 and 9 and the proof of payment of registration fee as prescribed.

A copy of the declaration of exported and imported goods, enclosed with a detailed declaration of engine subassembly and chassis subassembly (only the first page number and the page with the engine or chassis subassembly certified by the importing enterprise are required) or an electronic customs declaration;

b) In case of using engine components or chassis subassembly manufactured domestically: Submit documents specified in Article 7, Point b, Clause 1, Article 8 and Article 9 of this Circular (the certificate of ex-factory quality inspection for road motor vehicles or specify the engine or chassis number prescribed by the manufacturing or assembling enterprise);

c) In case of using the engine subassembly or chassis subassembly of the registered vehicles: Submit documents specified in Articles 7 and 9, proof of payment of registration fee as prescribed and certificate of revocation of vehicle registration and license plate (specifying issuance for engine subassembly or chassis subassembly);

d) In case the use of engine subassembly or chassis subassembly which is confiscated:

Submit documentation as prescribed in Article 7, Article 9, proof of payment of registration fee as prescribed and a decision of confiscation of competent authority together with sale invoice of confiscation as prescribed;

dd) Reject the registration for automobiles and automobiles of different kinds that are refurbished to become automobiles or heavy-duty vehicles and refrigerator trucks that are transformed into purpose-built ones before 05 years and 03 years respectively (as from the date of importation);

e) Do not replace engine and chassis subassembly taken from end-of-life vehicles as stipulated by laws; tax-exempt vehicles; temporarily imported and re-exported vehicles owned by diplomatic missions, consular posts and representative offices of international organizations who have been offered the diplomatic and consular immunities and privileges.

3. As for trailers, semi-trailers, tractors, electric vehicles and imported electric automobiles: Submit the certificate of technical safety and quality and environmental protection for imported motor vehicles (used for registration of license plate).

4. For vehicles subject to the handling of dead stock, stored at warehouses in the customs areas according to the provisions of the customs legislation, submit the documentation prescribed in Articles 7 and 9 and proof of payment of registration fee as prescribed and enclosed:

a) Proof of origin of import as prescribed at Point a, Clause 1, Article 8 of this Circular;

b) Decision to sell the dead stock at the bonded warehouse of the Council for handling dead stock at bonded warehouse as prescribed.

As for vehicles particularly listed as prohibited goods with reference to the Government’s statutory regulations, a decision on confiscation of vehicle is required (following the registration documentation regulated at Point d, Clause 1 Article 8 of this Circular) must be included.

5. For vehicles subject to the handling of dead stock, stored at the port in the customs areas according to the provisions of the customs legislation, submit the documentation prescribed in Articles 7 and 9 and proof of payment of registration fee as prescribed and enclosed: the decision on property sale made by the management board of dead stock settlement. signed by its Chairperson, also known as a leadership member of the Department of Customs, must be submitted.

In case the confiscated vehicle, the proof of origin shall comply with the provisions at Point d, Clause 1, Article 8 of this Circular.

6. For vehicles subject to retrospective collection of import duty (registered vehicles with fake documentation is found), submit the documentation in accordance with Articles 7, 8 and 9 of this Circular and include:

a) A receipt of payment for import duty, excise tax and value-added tax for imported goods (if applicable);

b) The certificate of vehicle registration or the decision on material evidence settlement or a written conclusion from an inspection authority.

7. For vehicles subject to retrospective collection of import duty, submit the documentation in accordance with Articles 7, 8 and 9 of this Circular and include:

a) The decision on retrospective duty collection from the customs authority of a province and centrally-affiliated city;

b) The certificate of payment for the import duty to the state budget.

8. For national reserve vehicles, submit the documentation as prescribed in Articles 7, 8 and 9 of this Circular, and concurrently include:

a) The decision on sale of national reserve goods, issued by the head of department of national reserve good management; where many vehicles share the same decision on sale, each vehicle must obtain a certified copy of that decision;

b) A declaration of origin for imported vehicles or a confirmation letter from General Department of Customs (each vehicle keeps 1 original) fully clarified with brand name, engine and chassis number.

9. Vehicles subject to being sold at auction, decided by competent authorities.

As for vehicles that are subject to the property settlement but still able to show their legal original documentation and a written proof of legitimate vehicle ownership, they shall be registered. In the event of vehicles that are subject to the property settlement and also fails to define their own origin as well as offer a written proof of legitimate vehicle ownership, their registration shall not be accepted and their legal owners shall be advised to seek solutions at the place where the decision on an auction sale has been made.

a) As for vehicles subject to the decision of the judgment enforcement authority on an auction sale to ensure the fulfillment of judicial obligations, the application for vehicle registration must abide by the regulations in Articles 7, 8 and 9 of this Circular and include the following:

A certificate of vehicle registration (applied to registered vehicles). In the event that the vehicle registration is not revoked, the written verification from the Judicial Execution authority must be included.

A duplicate of the Court’s decision or a proper extract of the judgment.

A written decision on enforcing a judgment from the competent civil enforcement agency.

A receipt of monetary payment or a written proof of property transfer;

b) As for a vehicle used as a collateral that is sold at auctions by a bank to secure the obligation of debt repayment: Submit the documentation as prescribed in Articles 7, 8, 9 of this Circular, and concurrently include:

A certificate of vehicle registration (applied to registered vehicles). In the event that a certificate of vehicle registration cannot be revoked, this must be confirmed in writing by a bank that is requested to sell the aforesaid property (in lieu of vehicle registration certificate).

A duplicate of a credit agreement or a secured credit contract (signed by a credit institute).

An agreement of property sale and transfer or a written report of property acceptance or a record of property auction (specific solutions must be provided where applicable).

A sales invoice as prescribed by law.

In the event of a vehicle under dispute and in a lawsuit or used as a property for the judgment execution, there must be additional documents such as: An extract of the judgment or copy of the judgment or copy of the court's decision, the judgment execution decision of the judgment enforcement agency. In cases where a vehicle is confiscated by the bank and is not voluntarily handed over by the bank, it is required to include: a decision on the seizure and a record of the seizure;

c) As for a vehicle that has been handled by the decision on a compulsory distraint from competent authorities in order to ensure the compliance with a written notice of overdue debt payment as prescribed in the laws on the customs: Submit the documentation as required in Articles 7 and 9 and the proof of payment of registration fee as prescribed and include:

A proven documentation of vehicle title transfer; a duplicate of a compulsory administrative distraint for the property to be sold at auctions, a written record of the auction sale from a financial agency of a district or a center for auction sale service in a province and a sales invoice as regulated by the Ministry of Finance.

A declaration of origin for imported automobiles (the second original or the first copy is kept at the customs authority).

10. Financial leasing company’s vehicles registered at which a lessee’s head office is located

a) Submit the required documentation according to legal regulations in Articles 7, 8 and 9 of this Circular;

b) A written request from financial leasing company for the vehicle that is registered at which its legal owner is residing or locates their head office.

11. Dedicated automobiles rented from foreign entities

a) Submit the documentation as required in Articles 7 and 9 and the proof of payment of registration fee as prescribed;

b) A lease contract;

c) A declaration of export and import goods in accordance with legal regulations promulgated by the Ministry of Finance.

12. Vehicles of foreign-aided projects that will be transferred to Vietnam’s partners after expiration.

a) Submit the documentation regulated in Articles 7, 9, proof of payment of registration fee and provided along with the certificate of vehicle registration; a written statement on state ownership establishment for that vehicle (as for the central government bodies and local authorities, the Ministerial Head and the Chairperson of provincial People’s Committee respectively shall manage to release it); the written proof of property transfer from the donor;

b) Vehicles of foreign-aided projects must be subject to the decision on the property settlement from competent authorities before being sold after expiration.

13. Vehicles that have been registered for this project and transferred to another project to be continuously used.

a) Submit the documentation as required in Articles 7 and 9 and the proof of payment of registration fee as prescribed and enclose the certificate of vehicle registration;

b) A written report of vehicle transfer from the foreign project owner;

c) A written confirmation of validated aids from the Department of Debt Management and External Finance, known as a governmental body directly under the Ministry of Finance.

14. Any vehicle that is used as a grant or humanitarian aid and has their title transfer and vehicle relocation carried out normally as regulated in this Circular.

15. Vehicles that are subject to competent authorities’ decision on the settlement and revocation of the property on completion of the aforesaid projects and of other state-owned property.

a) Submit the documentation as required in Articles 7 and 9 and the proof of payment of registration fee as prescribed and enclose the certificate of vehicle registration;

b) A written decision on the property settlement, made by competent authorities;

c) A sale invoice for state-owned property, issued by the Ministry of Finance, if the property is settled in the form of legal liquidation; a written report of property delivery if the property is settled in the form of legal transfer.

16. Registered vehicles that are liquidated by dissolved enterprises

a) Submit the documentation as required in Articles 7 and 9 and the proof of payment of registration fee as prescribed and enclose the certificate of vehicle registration;

b) Decision of dissolution of the competent authority or copy of the decision to revoke the certificate of enterprise registration.

17. Registered vehicles that are reclaimed at the full indemnity rate by an insurance agency after an accident.

a) Submit the documentation as required in Articles 7 and 9 and the proof of payment of registration fee as prescribed and enclose the certificate of vehicle registration;

b) The vehicle handover document of the vehicle owner;

c) A written notice of the insurance company’s indemnity;

d) A bill of sale of the insurance policy.

18. Unregistered vehicles with lost proof of title transfer or payment registration fee or vehicle's origin or all vehicle documents.

a) Submit the required documentation according to legal regulations in Articles 7 and 9 of this Circular;

b) A duplicate of any vehicle documentation (in accordance with legal regulations in Article 8 of this Circular), certified by the issuing agency. In case of a locally assembled vehicle with a certificate of origin and quality of the manufacturer. After a period of 30 days, if none of violations and disputes has been found, these vehicles shall be registered.

19. Vehicles commonly owned by a married couple

a) If the legal owner voluntarily declare a vehicle as a marital property, write full names and signatures of both husband and wife on the declaration of vehicle registration; in the event that a spouse has undersigned the certificate of vehicle registration and currently wish to change it to a legal community property, fill in the declaration of vehicle registration signed by both husband and wife; the competent registry shall revoke the previous certificate of vehicle registration and issue the new one;

b) The co-owner’s vehicle, when being sold or offered as a gift, must obtain sufficient signatures and a trust of sale from these co-owners.

20. Where a vehicle has been registered as a collateral, upon the title transfer and vehicle relocation, the change and replacement of its registration, a duplicate certificate of collateral removal and release or a written consent from the mortgage.

21. Registration of confiscated vehicles is not required to have the original file. Proof of origin of import shall conform to Point d, Clause 1, Article 8 of this Circular.

22. Registration of vehicles sold or transferred to agencies, organizations and individuals outside the province, but not yet registered and resold to agencies, organizations and individuals residing in the same province with the vehicle owner, the competent authority shall register and issue new license plate or reissue old license plate upon request.

The vehicle has been registered and issued with a license plate but the car owner sells it to others, now the owner asks to re-register the original owner: Allow the re-registration and keep the old license plate.

Checking the vehicle title transfer documentation, detecting if the vehicle owner does not comply with the regulations on the time limit for procedures for registration of title transfer (to transfer the name of the vehicle owner in the vehicle registration certificate to transfer his/her name) and make records of sanctions according to regulations and submit to competent authorities for making penalty decisions.

23. Registration of title transfer and vehicle transfer of military enterprises

a) Vehicles registered at the traffic police agency now be transferred to the Department of Vehicles affiliated the Ministry of National Defense, submit the decision on vehicle transfer for registration at the Ministry of Defense, signed by the Minister of Defense.

The certificate of the revocation of vehicle registration and license plate (form 09).

An original vehicle documentation in accordance with legal regulations.

When coming to carry out procedures, the vehicle owner is not required to bring the vehicle to the vehicle registry but must submit the certificate of vehicle registration, license plate and produce the vehicle owner's papers as prescribed;

b) Military vehicles transferred to civil areas: Submit the documentation as prescribed in Article 8 of this Circular and original documentation of the vehicle.

24. Temporarily imported vehicles; imported vehicles exempt from import and transfer duties in Vietnam.

a) The vehicle owner shall carry out the procedures for revoking the certificate of registration and license plate at the vehicle registry as prescribed in Article 16 of this Circular and submit a letter of introduction from the State Protocol Department or Department of Foreign Affairs, and then the transferee of vehicle come to the customs authority to carry out the transfer procedures, pay taxes as prescribed and return the transfer documentation, proof of payment of registration fee to the vehicle registry for carrying out the procedures for title transfer;

b) If the tax on vehicle is retrospectively collected by the customs authority or is not retrospective collected, under a written response, by the relevant authority of the Ministry of Finance, it will be allowed to transfer the title.

25. For a registered domestically assembled vehicle has technical defects and the manufacturer replaces the engine subassembly and other body parts: Only proof of origin and quality made by the manufacturer is required.

Article 21. The issuance of inspection badges to an automobile of which the license plate is registered to operate at special economic – commercial zone and international border gate economic zone in order to enable it to domestically operate as regulated by the Government

1. Procedures and documentation include:

a) The certificate of vehicle registration and license plate for the vehicle operation at special economic - commercial zone and international border gate economic zone in accordance with the Government’s regulations;

b) The declaration of imported automobiles.

2. The authorized issuer of inspection badges (Traffic Police Division) takes their full responsibility for checking and inspecting the list of vehicles under their management, taking note into their administrative books and issuing the inspection badges within a day.

3. Inspection badges are valid within 30 days from the issuing date. Badges must be attached to the front windshield at the right corner.

4. A written record of registered inspection badges and supervisory notebook for automobiles that are enabled to operate inside Vietnam must be kept in ascending numerical order, bound in a full book and monitored in compliance with the documenting system of the Ministry of Public Security.