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THE
MINISTRY OF PUBLIC SECURITY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
06/2009/TT-BCA(C11)
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Hanoi,
March 11th, 2009
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CIRCULAR
PRESCRIBING THE ISSUANCE AND REVOCATION OF REGISTRATIONS AND
NUMBER PLATES OF ROAD MOTOR VEHICLES
Pursuant to Article 54 of the
November 13, 2008 Law on Road Traffic;
Pursuant to the Government’s Decree No. 136/ 2003MD-CP of November 14, 2003, defining
the functions, tasks, powers and organizational structure of the Ministry of
Public Security;
The Ministry of Public Security prescribes the issuance and revocation of
registrations and number plates of mad motor vehicles as follows;
I. GENERAL PROVISIONS
1. Scope and
subjects of application
1.1. This Circular prescribes
the issuance and revocation of registrations and number plates ot road motor
vehicles, including automobiles, truck tractors, tractors, trailers and
semi-trailers towed by automobiles or tractors, motorbikes, motorized
three-wheelers; mopeds (including electric motorcycles) and the like (below
collectively referred to as vehicles) of domestic and foreign organizations and
individuals based or residing in the territory of the Socialist Republic of
Vietnam.
1.2. This Circular does not
apply to army vehicles used for defense purposes.
2.
Decentralization of issuance and revocation of vehicle registrations and number
plates
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2.1.1. The Road and Railway
Traffic Police Department shall issue registrations and number plates for
automobiles of foreign diplomatic missions, representative offices of
international organizations and their foreign staff; and a number of central
agencies (specified in an enclosed list. not printed herein) and vehicles of
the Ministry of Public Security.
Apart from these vehicles, the
Road and Railway Traffic Police Department shall issue vehicle registrations to
meet professional requirements approved by the leadership of the Ministry of
Public Security or the General Department of Police.
2.1.2. Traffic Police Sections
of provincial-level Police Departments shall issue registrations and number
plates of automobiles, tractors, trailers and semi-trailers of domestic and
foreign agencies, organizations and individuals; army vehicles engaged in
economic activities; motorcycles, mopeds and electric motorcycles of foreign
organizations and individuals, joint ventures and projects based in their
localities (except those specified at Point 2.1.1 above).
2.1.3. Police offices of urban
districts, rural districts, towns or provincial cities (below collectively
referred to as district-level police-offices) shall issue registrations and
number plates of motorcycles, mopeds and electric motorcycles of domestic
agencies, organizations and individuals based or residing i ti districts
(except those specified at Points 2.1.1 and 2.1.2 above).
2.2. Agencies revoking vehicle
registrations and number plates:
- The Road and Railway Traffic
Police Department.
- Road Traffic Police Sections
of provincial-level Police Departments (below referred to as traffic police
sections).
- District-level police offices.
3. Time
limit for completing procedures for issuance and renewal of registrations,
number plates and papers on owner change or movement, and certificates of
revocation of vehicle registrations and number plates
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3.2. Temporary vehicle
registrations: After receiving valid dossiers, the vehicle registration agency
shall issue temporary registrations and number plates on the same day.
4.
Responsibilities of agencies and officers in charge of issuing or revoking
vehicle registrations and number plates
4.1. The vehicle registration
agency shall strictly implement the provisions of this Circular and other
relevant regulations on vehicle registration and number plate issuance.
It is prohibited to prescribe
additional vehicle registration procedures contrary to the provisions of this
Circular.
4.2. Officers who receive
vehicle registration dossiers shall examine and compare dossiers against
vehicles. If all required procedures are satisfied, they shall accept and
process these dossiers. If dossiers fail to satisfy the procedural
requirements, they shall provide specific and sufficient guidance for vehicle
owners to supplement their dossiers and shall take responsibility for the
guidance.
4.3. For dossiers for
registration and issuance of new number plates; registration of vehicle owner
change or movement; renewal or re-issuance of vehicle registrations and number
plates or vehicle registration dossiers previously filed at the vehicle
registration agency and now handed to vehicle owners for self-management,
officers in charge of vehicle registration shall append the seal bearing the
words "Dossier to be managed by vehicle owner" (made according to a
set form, nor printed herein) onto the middle of pages of papers to be handed
to vehicle owner under regulations.
5.
Responsibilities of vehicle owners
5.1. To supply complete and
valid dossiers and take responsibility before law for the legality of the
dossiers and vehicles to be registered.
5.2. To pay registration and
number plate fees under regulations.
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5.4. Upon carrying out
procedures for owner change or movement; renewal or re-issuance of
registrations and number plates, vehicle owners are only required to submit the
papers specified at Points 1 and 2, Part B and Points 1.2 and 1.3, Part C.
Section II of this Circular.
5.5. Forging dossiers and
tampering with engine and frame/chassis numbers for the registration purpose
are prohibited.
II.
PROVISIONS ON VEHICLE REGISTRATION AND NUMBER PLATE ISSUANCE
Vehicle registration and number plate
issuance covers registration, number plate issuance; owner change or movement;
issuance or renewal of vehicle registrations and number plates; and temporary
registration.
A. REGISTRATION
FOR VEHICLE NUMBER PLATE ISSUANCE
Vehicle registration procedures
and dossiers include vehicle registration declaration, papers of vehicle owners
and papers of vehicles, specifically;
1. Vehicle
registration declaration
Vehicle owners shall themselves
make declaration according to a set form (not printed herein).
2. Papers
of vehicle owners
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2.1. For Vietnamese:
- People's identity card or
passport (still valid). If a vehicle owner has not yet reached the age eligible
for a people's identity card or his/her registered place of permanent residence
indicated in the identity card is different from that indicated in the
registration declaration, he/she may produce his/her household registration
book.
- People's army identity card,
people's security identity card or certificate as prescribed by the Ministry of
Public Security or the Ministry of Defense, enclosed with a letter of
introduction issued by the vehicle owner's employing unit.
- Student card, for students of
professional secondary schools, colleges, universities or academies who attend
formal courses of 2 years or more, enclosed with a letter of introduction
issued by their educational institutions.
- For overseas Vietnamese who
reside and work in Vietnam: temporary residence or household registration book
and passport (still valid) or another paper of equivalent validity.
2.2. For foreigners:
- For foreign staff of foreign
diplomatic missions, consular offices or representative offices of
international organizations: diplomatic identity card or official identity card
(still valid) and a letter of introduction issued by the State Protocol
Department or the provincial-level Foreign Service.
- For foreigners working and
residing in Vietnam: passport (still valid) or another paper of equivalent
validity, and work permit issued under regulations or letter of introduction
issued by a Vietnamese organization or agency managing foreigners, or permanent
residence card or card of temporary residence of at least one year under law.
2.3. For agencies and
organizations:
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- For diplomatic missions,
consular offices and representative offices of international organizations:
letter of introduction issued by the State Protocol Department or the
provincial-level Foreign Service, clearly indicating the name of the agency or
organization and enclosed with the personal identification paper of the vehicle
registration applicant.
- For joint-venture enterprises,
enterprises with 100% foreign capital, representative offices, contract-winning
foreign companies and nongovernmental organizations; letter of introduction
enclosed with the people's identity card of the vehicle registration applicant
(if his/her agency does not issue a letter of introduction, a letter of
introduction issued by the superior managing agency is required).
2.4. Persons authorized to
register vehicles shall produce people's identity cards and vehicle owners'
letters of authorization with certification of People's Committees of communes,
wards or townships or their employers.
3. Vehicle
papers
3.1. Vehicle purchase and sale,
donation or inheritance deeds:
A vehicle purchase and sale,
donation or inheritance deed must be any of the following papers:
3.1.1. Sale or donation decision
or purchase and sale contract made under law.
3.1.2. Inheritance document made
under law.
3.1.3. Sale invoice issued under
regulations of the Ministry of Finance {if a vehicle has been sold through different
organizations, agencies and enterprises, only the Finance Ministry-issued
original invoice of the last selling organization, agency or enterprise is
required upon registration. If only one invoice is used for many vehicles,
authentication or true copy of this invoice is required).
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3.1.4. For a vehicle under co-ownership,
there must be signatures of all co-owners or a sale authorization paper made by
co-owners.
3.1.5. A vehicle sale or
donation deed of an individual must have certification by his/her employing
unit or authentication of the vehicle seller's or donor's signature under
regulations.
3.1.6. For a vehicle being an
asset of a state enterprise, which is assigned, sold, contracted for business
or leased, upon its registration, owner change or transfer, a donation or sale
decision of the managing minister, president of the provincial-level People's
Committee, chairman of the board of directors of the enterprise is required and
shall be enclosed with the purchase and sale contract and written registration
of assets for handover.
3.1.7. In case of contribution
of a vehicle as capital to a cooperative, organization or enterprise, when the
contributor wishes to withdraw his/her vehicle from this cooperative,
organization or enterprise, the transfer deed will be a written record or
decision on vehicle return enclosed with a value-added invoice (with the
value-added tax line left blank).
3.2. Vehicle registration fee
documents:
3.2.1. Registration fee receipt
or document on remittance into the state budget (certified by the State
Treasury); via-bank payment order for the registration fee payment under
regulations of the Ministry of Finance (if a registration fee payment document
is issued for different vehicles, there must be a notarized copy or a copy
authenticated by the issuing agency for each vehicle).
3.2.2. Declaration for
registration fee payment.
For vehicles exempt from
registration fee, only the declaration for registration fee payment is
required.
3.3. Documents on vehicle origin
Documents required for each type of vehicle are as follows:
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3.3.1.1. Vehicles imported under
commercial contracts, duty-free vehicles, special-use vehicles subject to the
duty rate of 0%, vehicles provided as aid for projects and vehicles for which
origin declarations are required by the Ministry of Finance: declaration of
origin of imported automobiles and motorbikes under regulations of the Ministry
of Finance.
3.3.1.2. Vehicles temporarily
imported for re-export by entities eligible for diplomatic privileges and
immunities under law or a bilateral agreement; or by foreign experts
implementing ODA-funded programs or projects in Vietnam or by overseas
Vietnamese invited to work in Vietnam: vehicle import permit issued by the
customs office.
3.3.1.3 Vehicles imported as
non-commercial goods, presents, gifts, movable assets or non-refundable or
humanitarian aid:
- Declaration of non-commercial
imports and exports, made under regulations of the Ministry of Finance;
- Import or export duty receipt
and excise tax receipt (if required under regulations), or mutual ceasing order
or via-treasury remittance paper or account transfer or via-bank payment order,
clearly showing that the duty has been paid.
+ In case the import or export
duty receipt or excise tax receipt is not required: Decision on or written
permission for tax exemption issued by a competent authority or written
certification of aid under regulations of the Ministry of Finance is required.
+ For vehicles subject to the
duty rate of 0%: Only declaration of non-commercial imports and exports, made
under regulations of the Ministry of Finance, showing the vehicle's brand,
engine and chassis/frame numbers, is required.
3.3.1.4. For imported trailers,
semi-trailers; tractors; and electric motorcycles: certificate of quality,
technical safety and environmental protection of the imported motor vehicle
(used for number plate registration) under regulations of the Ministry of
Transport. In case a certificate of quality, technical safety and environmental
protection of an imported motor vehicle does not indicate this vehicle's brand,
the section of vehicle type in the vehicle registration must indicate the name
of the manufacturing country.
3.3.1.5. Special-use vehicles
hired from foreign countries:
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- Import and export declaration,
made under regulations of the Ministry of Finance.
3.3.1.6. Vehicles of projects:
3.3.1.6.1. Vehicles of foreign
aid-funded projects to be transferred to the Vietnamese side upon project
completion:
- Document on vehicle origin as
specified at Point 3.3, Part A, Section II of this Circular;
- Vehicle receipt decision
issued by a ministerial-level leader (for central agencies) or the
provincial-level People's Committee president (for local agencies);
- Written record of vehicle
delivery, made under regulations.
The sale of a vehicle having its
registration bearing the name of a Vietnamese agency shall be decided by a
ministerial-level leader, for vehicles of central agencies, or by the
provincial-level People's Committee president, for locally managed vehicles.
For a donated vehicle which is
registered in the name of the Vietnamese agency rather than the name of the
project, there must be a sale permission decision issued by a competent
authority as specified above if this vehicle is to be sold upon project
completion.
Vehicles donated as
non-refundable or humanitarian aid are allowed to have their owners changed or
transferred under general regulations.
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- The foreign project owner's document
on vehicle transfer;
- Official letter of the Foreign
Finance Department of the Ministry of Finance confirming the vehicle to be an
aid.
3.3.2. Locally manufactured,
assembled and rebuilt vehicles:
3.3.2.1. Assembled vehicles:
- Card of inspection of ex-works
quality of road motor vehicle, issued by the manufacturer or assembler.
3.3.2.2. Rebuilt vehicles:
3.3.2.2.1. Vehicles of changed
transport purpose Registration certificate (for registered vehicles) or
document on origin of importation (for used vehicles);
- Technical safety and
environmental protection certificate of rebuilt motor vehicle, issued under
regulations of the Ministry of Transport. For vehicles rebuilt for use by the
people's public security force: technical safety and environmental protection
certificate of rebuilt motor vehicle, issued under regulations of the Ministry
of Public Security.
Registration is not allowed for
other cars rebuilt into passenger cars; special-use vehicles with utilities
converted (referred to as vehicles with converted utilities) within 5 years,
and refrigerator vehicles converted within 3 years (after the date of import).
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- Vehicle registration (for registered
vehicles) or document on origin of importation (for used vehicles);
- Import and export declaration
enclosed with a detailed declaration of the complete unit of engine or chassis;
When the complete unit of
engine, engine block or chassis is of a different brand or has different
technical specifications, a written record of ex-works test of rebuilt motor
vehicle, issued by the manufacturer under regulations of the Ministry of
Transport, is required.
3.3.2.2.3. Vehicles with
complete replacement units of engine, engine block or chassis which are locally
manufactured:
- Vehicle registration (for
registered vehicles) or document on origin of importation (for used vehicles);
- The manufacturer's voucher on
sale of the complete unit:
- The manufacturer's written
record of product quality control.
For trucks with rebuilt cargo
bodies or additionally fitted hoods, only a written record of inspection of
quality and technical safety of such body or hood for cargo protection under
regulations of the Ministry of Transport is required.
3.3.2.2.4. When the complete
unit of the engine or chassis of a registered vehicle is used as replacement
for another vehicle, the following documents are required: paper on revocation
of registration and number plate (clearly indicating that it is issued for the
complete engine or chassis unit) or a competent authority's confiscation
decision enclosed with the invoice on sale of goods confiscated into the state
fund.
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3.3.3. Vehicles subject to
decisions of competent authorities or agencies:
3.3.3.1. Vehicles confiscated
into the state fund:
- Decision on confiscation into
the state fund (original, notarized copy or copy authenticated by a competent
agency);
- Invoice on sale of goods
confiscated into the state fund, issued by the Ministry of Finance, or document
on establishment of state ownership, issued by a competent agency (original,
notarized copy or copy authenticated by a competent agency);
When a confiscation decision is
issued for different vehicles, there must be a copy of the detailed declaration
of the confiscated vehicle, which is certified by competent authorities or the
agency that has issued the decision on sale of confiscated goods. The
registration of a confiscated vehicle (its original dossier is not required)
shall be effected based on the vehicle's engine and chassis numbers indicated
in the above decision and invoice provided that the vehicle is a complete unit
and of the same technical specifications.
3.3.3.2. Vehicles subject to
decisions on disposal of exhibits in criminal cases:
- Decision on disposal of exhibits
in criminal cases, issued by an investigative body, procuracy or court
(original, notarized copy or copy authenticated by a competent agency);
- Money receipt or handover
record (if the applicant for registration is a victim). In case of disposal of
exhibits in criminal cases in the form of confiscation into the state fund (the
vehicle's original dossier is not required), the invoice on sale of confiscated
goods is required.
3.3.3.3. Vehicles publicly sold or
transferred by a court for judgment enforcement:
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- A competent judgment
enforcement organization's judgment enforcement decision;
- Money receipt or asset
handover record.
For a vehicle publicly sold or
transferred for judgment enforcement, its original dossier as provided for in
this Circular and a paper evidencing its owner's lawful ownership are required
For a vehicle of unknown origin or without a paper evidencing the lawful
ownership of the vehicle publicly sold or transferred for judgment enforcement,
its registration shall be rejected and its owner shall be instructed to contact
the agency which has issued the sale decision for settlement.
3.3.3.4. Pledged or mortgaged
vehicles sold by
- Copy of the credit or security
contract (with the signature of a responsible person of the credit institution
concerned);
- Asset purchase and sale
contract or asset transfer contract or asset receipt record or asset auction
document (depending on each specific cast of disposal);
- Registration or document on
origin of the vehicle;
- Money receipt under
regulations of the Ministry of Finance.
For a pledged or mortgaged
vehicle subject to a dispute or lawsuit or sold for judgment enforcement, the
following documents are additionally required:
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+ The judgment enforcement
body's judgment enforcement decision.
For a vehicle already registered
in another locality, there must be the owner change oi movement paper enclosed
with the original dossier, and the owner change or movement declaration with
the signatures of the vehicle owner or the agency signing the asset sale
contract and credit institutions for certification.
3.3.3.5. Vehicles subject to
retrospective collection of import duty:
3.3.3.5.1. Registered vehicles
with their documents on origin detected to have been forged:
- Receipt of retrospectively
collected import duty;
- Receipt of retrospectively
collected excise tax (if any);
- Vehicle registration or
decision on disposal of exhibits or written conclusion of an investigative
body.
3 3.3.5.2. Vehicles subject to
retrospective collection of additional import duty:
- Decision on retrospective
collection of import duty, issued by the provincial-level Customs Department or
Tax Department:
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- The vehicle's original
dossier.
3.3.4. National reserve
vehicles:
- Order on delivery and sale of
national reserve goods, issued by the National Reserve Department. In case of
sale of many vehicles, a copy of the order is required for each vehicle
(notarized copy or copy authenticated by the National Reserve Department);
- Declaration on import origin
of the vehicle or certificate of the General Department of Customs (an original
per vehicle) showing its brand, engine and chassis numbers;
- Invoice-cum-ex-warehousing
bill, made under regulations of the Ministry of Finance and issued by the
National Reserve Sub-Department, one invoice per vehicle showing its brand,
engine and chassis numbers.
3.3.5. Vehicles with lost
documents of origin:
- The vehicle owner's written
undertaking before law with regard to the loss of the vehicle's document of
origin and papers to be produced under Point 2. Part A. Section II of this
Circular.
- Copy of an imported vehicle's
document of origin, which must be certified by the agency that has issued the
document. Particularly for a locally manufactured or assembled vehicle, the manufacturer
shall re-issue an ex-works quality control paper (the registration dossier must
be complete as required in Part A, Section II of this Circular). After 30 days,
if no violation or dispute is detected, the registration procedures shall be
carried out for the vehicle.
3.3.6. Vehicles of financial
leasing companies to be registered at places of residence or working offices of
lessees:
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- The financial leasing company's
written request for registration of the vehicle at the lessee's place of
residence or working office.
3.3.7. Police or army
agencies" vehicles sold to citizens:
- The vehicle's papers as
specified at Point 3. Part A. Section 11 of this Circular:
- Decision on permission for
sale of the vehicle, issued by the General Department of Logistics (for police
vehicles) or the General Staff (for army vehicles).
For vehicles supplied or
equipped by the Ministry ol I Vfcnse before December 31.1989. and registered before
December 27. 1995. the original certificate issued by the Vehicle and Machinery
Management Department under the General Technical Department is required for
each vehicle.
3.3.8. Registration and
management of vehicles of army enterprises engaged in economic activities and
of army vehicles engaged in defense duties for which civil number plates are
applied for comply with Joint Circular No. 16/2004//TTLT-BCA-BQP of November 1,
2004. of the Ministry of Public Security and the Ministry of Defense.
3.3.9. Vehicles under
co-ownership of husband and wife
For a vehicle which the owner
declares to be a common asset of husband and wife, there must be full names and
signatures of both husband and wife in the registration declaration. If husband
and wife wish to register as their common asset a vehicle which has been
registered under the name of either of them, they shall fill in the
registration declaration (according to a form provided in this Circular, not
printed herein). The vehicle registration agency shall revoke the old vehicle
registration and issue a new one.
3.3.10. Vehicles with similar
structures: These vehicles must have papers as specified at Point 3. Part A.
Section II of this Circular.
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3.3.11. Vehicles being disposed
inventories of bonded warehouses:
- A council for disposal of
bonded warehouse inventory's decision on sale of bonded warehouse inventory,
signed by the council chairman being a leader of the provincial-level Customs
Department or a council vice chairman being a leader of the district-level
Customs Department;
- Sale invoice under regulations
of the Ministry of Finance.
(Enclosed with the import
dossier as specified at Point 3.3.1, Part A, Section II of this Circular).
Particularly for vehicles on the
Government-issued list of goods banned from import, a provincial-level Customs
Department's decision on confiscation of vehicles into the state budget is
required (the registration dossier is made under Point 3.3.3.1, Part A, Section
II of this Circular).
3.3.12. Vehicles being disposed
inventories at seaports:
- A council for disposal of
seaport inventory's decision on sale of seaport inventory, signed by the
council chairman being the provincial-level Finance Service director.
- Sale invoice under regulations
of the Ministry of Finance.
For those vehicles which are
confiscated into the state budget, their documents of origin comply with Point
3.3.3.1. Part A, Section II of this Circular.
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Within 30 days after the date of
making papers on purchase and sale, donation or inheritance of a vehicle, the
purchaser or recipient of the vehicle shall go to the vehicle registration
agency currently managing the vehicle for carrying out procedures for owner
change or movement of the vehicle and change of its registration.
1. For a
vehicle registered for owner change within the same province or centrally run
city, the following papers are required:
1.1. The vehicle's registration
declaration. The vehicle owner shall make declaration according to a set form
(not printed herein);
1.2. The vehicle's registration;
1.3. Document on purchase and
sale or donation of the vehicle as specified at Point 3.1. Part A. Section II
of this Circular.
1.4. Registration fee receipt as
specified at Point 3.2, Part A, Section II of this Circular.
In case of registration for a
vehicle's owner change, its number plate shall be kept unchanged (except for 3-digit
number plates, which are allowed to be changed into 4-digit ones) and a new
registration bearing the name of the new vehicle owner shall be issued.
In case of change of a
motorcycle's or moped's owner to a new owner residing in an another district,
the vehicle owner shall go to the district-level police office which has
registered the vehicle (without having to take the vehicle for inspection) and
complete procedures for withdrawing the vehicle's original dossier and submit
it to the district-level police office where the new owner applies for vehicle
registration.
2. For a
vehicle registered for owner change or movement from one province or centrally
run city to another, the following papers are required:
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The vehicle owner shall make
declaration for owner change and movement according to a set form {not printed
herein).
2.2. The vehicle's registration:
2.3. Document on purchase and
sale or donation of the vehicle as specified at Point 3.1. Part A, Section II
of this Circular.
If a vehicle owner changes
his/her place of permanent residence from a province or centrally run city to
another, there must be a decision on work transfer or a household registration
book instead of the vehicle purchase and sale or donation paper.
In this case, the vehicle owner
shall return the vehicle's number plate and is not required to take the vehicle
for inspection.
C. RENEWAL AND
RE-ISSUANCE OF REGISTRATIONS AND NUMBER PLATES OF VEHICLES
1. Renewal of registrations
and number plates of vehicles:
1.1. Renewal of registrations
and number plates of vehicles is required for the following vehicles: vehicles
with a new paint color; vehicles with torn or damaged registrations and damaged
or faded number plates.
1.2. A vehicle owner who applies
for renewal of the vehicle registration and number plate shall make a
declaration for registration (according to a set form, not print, herein)I a
written request (for agencies and organizations) or a written undertaking (for
individuals) and return the old registration and number plate but is not
required to take along the vehicle for inspection (except for vehicles with a
new paint color). The vehicle registration agency shall re-issue the
registration and number plate for the vehicle (with the old registration
number), with the exception that a 3-digit number plate shall be changed into a
4-digit one.
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2. Re-issuance of lost
vehicle registrations and number plates:
A vehicle owner who has lost the
vehicle's registration or number plate shall make a declaration for
registration (according to a set form, not printed herein): an application (for
individuals) or a written request (for agencies and organizations) for
re-issuance and is not required to take along the vehicle to the vehicle
registration agency. If all required papers are available, the new vehicle
registration certificate or number plate shall be re-issued (with the old
registration number), with the exception that a 3-digit plate shall be changed
into a 4-digit one.
3. For a vehicle owner
who is a demobilized or seconded army or public security soldier or a graduate
pupil or student, if his/her residence or working office address is changed,
the vehicle registration or number plate shall be re-issued based on the
address of his/her new permanent or temporary residence.
4. For vehicles with
registrations and issued number plates for which procedures for movement to
other localities have been carried out and are now requested by their owners to
be re-registered, the registration for issuance of number plates with old
registration numbers shall be made.
D. TEMPORARY
REGISTRATION OF VEHICLES
1.
Vehicles allowed for temporary registration include:
1.1. Imported brand-new,
manufactured or assembled automobiles that run from a warehouse, port, workshop
or sale agent to a registration place 1for to another sale agent or warehouse;
1.2. Automobiles with papers on
owner change and movement to another locality:
1.3. Automobiles for which
procedures for revocation of registrations and number plates are carried out
for re-export to their countries of origin or transfer in Vietnam;
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1.5. Automobile chassis with
cabin: trucks without bodies;
1.6. Test cars;
1.7. Vehicles bearing foreign
number plates and entering Vietnam for the tourist purpose under competent
authorities' permission;
1.8. Vehicles which are newly
assembled in Vietnam and on a test run on public roads;
1.9. Vehicles permitted to be
temporarily imported for re-export within a given period under the Government's
regulations (except for those operating within border areas with border gates);
1.10. Vehicles used for
conferences, trade fairs, physical training or sports events or exhibitions at
the request of the Government or the Ministry of Public Security;
1.11. Trailers and
semi-trailers:
1.12. Tractors:
1.13. Automobiles of foreigners,
registered abroad, with right-handed drive and running on roads in Vietnam
under the Government's regulations.
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2.1. For vehicles manufactured
or assembled in Vietnam:
2.1.1. Vehicle registration
declaration.
A vehicle owner shall make
declaration according to a set form (not primed herein).
2.1.2. Card of ex-works quality
control of road motor vehicle, issued by the manufacturer under regulations.
2.1.3. Sale invoice or
ex-warehousing bill.
2.2. For vehicles imported or
temporarily imported for re-export within a given period or in transit:
2.2.1. Vehicle registration
declaration.
A vehicle owner shall make
declaration according to a set form [not printed herein).
2.2.2. Import and export
declaration or detailed declaration of the imported vehicle.
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2.4. For vehicles subject to
owner change or movement to another locality and vehicles for which the
procedures for revocation of registrations and number plates are carried out.
the dossier for temporary registration is the owner change or movement paper or
the certificate of revocation of registration or number plate.
For a vehicle for which the
import procedures have been completed, the dossier for temporary registration
must consist of the papers specified at Point 3. Part A. Section II of this
Circular (except for the registration fee receipt).
For carrying out the procedures
for temporary registration, the vehicle owner shall produce the whole original
dossier and its copy set for comparison and is not required to take along the
vehicle for inspection. But he/she shall glue on the registration declaration
pieces of paper imprinted with the vehicle's engine and chassis numbers. When
issuing a temporary registration, the vehicle registration agency shall return
the original dossier and keep its copy set.
2.5. For automobiles of
foreigners, registered abroad, with right-handed drive and running on roads in
Vietnam under the Government's regulations.
2.5.1. Vehicle registration
declaration: A vehicle owner shall make declaration according to a set form
(not printed herein);
2.5.2. The Prime Minister's
notice; the Government Office's notice of the Prime Minister's opinions; or the
notice of a ministry or branch authorized by the Prime Minister.
3.
Validity duration of temporary registration:
3.1. Temporary registration is
valid for7 days and may be extended once for another 7 days.
3.2. For vehicles permitted for
temporary import for advertisement, trade fairs, exhibitions, sports events or
other lawful purposes, the validity duration of temporary registration is the
duration indicated in the temporary import permit.
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E. SETTLEMENT OF
SEVERAL SPECIFIC CASES
1. Re-engraving of engine and
chassis numbers
1.1. For imported vehicles:
- Vehicles without engine and
chassis numbers: If customs declarations of import origin state that no engine
and chassis numbers are available or found, the engraving of numbers shown on
registration number plates is permitted. When engine and chassis numbers are
found, the vehicle owner shall go to the customs office for re-certification.
- If a vehicle has its engine
and chassis numbers printed in its etiquette, printed in paint, faded or stained,
it is permitted to re-engrave these numbers according to those certified by the
customs office in the declaration of import origin of the vehicle.
- For a vehicle with tampered
engine and chassis numbers, the vehicle registration agency shall reject its
registration and instruct its owner to go to the customs office for settlement
under the Government's regulations.
- For a vehicle with its vehicle
identification number (VIN) on the windshield certified by the customs office
as its chassis number and its engine number not found and their engraving is
impossible due to tight covering of the engine block, the VIN may be
photographed by the vehicle registration agency for filing in the dossier
instead of engraving the engine and chassis numbers.
1.2. For locally manufactured
and assembled vehicles:
1.2.1. For a vehicle with
laser-engraved engine and chassis numbers or with faded engine and chassis
numbers, it is permitted to re-engrave on the vehicle the numbers which are
shown in the ex-works quality control card;
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If it is concluded that the
vehicle's engine or chassis number is in its original state, it is permitted to
re-engrave on the vehicle the numbers which are shown in its ex-works quality
control card.
1.3. For a registered vehicle
with a replacement engine or engine block which has no number yet, it is
permitted to re-engrave on such engine or engine block the registration number
on the number plate.
1.4. For a vehicle subject to a
confiscation decision or decision on disposal of exhibits or a written
conclusion of the investigative body: If the vehicle has a tampered engine or
chassis number or it is impossible to identify its original engine and chassis
numbers, it is permitted to re-engrave on the engine or chassis the
registration number on the number plate.
1.5. Engine and chassis numbers
shall be engraved by the vehicle registration agency.
2. Settlement of problems
related to vehicle transfer documents
2.1. Upon owner change or
movement of a vehicle, if its registration dossier which was made on or before
December 31, 2003. has no transfer invoice or has incomplete transfer invoices,
the dossier shall still be regarded valid under the Finance Ministry's
regulations.
2.2. For a vehicle which has
been purchased and sold through different owners of whom intermediate owners
are unidentifiable, the purchase and sale or donation documents of the first
owner and the last seller of the vehicle are required for registration of the
owner change or movement. The applicant for registration shall make a written
commitment to taking responsibility before law for the lawfulness of the
vehicle and produce his/her valid identity card or passport or a paper of
equivalent validity. The vehicle registration agency shall publicly post at the
registration place information on the vehicle's type, registration number,
engine and chassis numbers. After 30 days, if there arises no dispute or claim,
the vehicle registration agency shall register the vehicle or its owner change
or movement or issue a new number plate for the vehicle.
3. Settlement of some
problems upon vehicle owner change or movement
3.1. For a vehicle moved from a
locality to another and further sold to a new owner before the registration of
its transfer is made by its owner, if purchase and sale procedures are properly
carried out and the registration fee is paid under regulations, the vehicle
registration agency shall accept to register the vehicle and notify such to the
locality from which the vehicle has been transferred for making adjustment in
the vehicle registration book.
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3.3. For vehicles presented as
gifts or donations; temporarily imported vehicles; vehicles of overseas
Vietnamese repatriates; and vehicles of uncompleted projects which are
transferred in Vietnam:
3.3.1. Vehicle owners shall
carry out procedures for revocation of registrations and number plates at the
vehicle registration agency, then go to customs offices for carrying out import
procedures under regulations and return vehicle dossiers to the vehicle
registration agency for carrying out procedures for owner change or movement.
3.3.2. For vehicles for which
procedures for revocation of registrations and number plates have not been
carried out. if customs offices responsible for retrospective collection of
import duty or a functional body of the Ministry of Finance issues a written
reply that import duty will not be retrospectively collected, their owner
change or movement will be permitted and owner change or movement documents
shall be filed in their dossiers. Particularly, vehicles which are carried
along by overseas Vietnamese upon their return home within duty-free quotas
under regulations but no longer needed for use may be transferred or registered
for owner change or movement.
3.4. The transfer and
registration of a duty-free imported vehicle which has been used for more than
10 years and is subject to the import duty rate of 0% under the Ministry of
Finance's regulations is permitted and requires only the non-commercial import
declaration or import tax retrospective collection declaration certified by the
customs office but this declaration must be enclosed with the original dossier
of first registration.
3.5. A vehicle of a couple with
its dossier registered under names of both husband and wife and its
registration showing the names of both husband and wife or the name of either
husband or wife, if the person whose name is shown in the vehicle registration
has died and the vehicle is subject to no dispute, may have its registered
owner changed or be transferred to another person, provided that a document
evidencing the spousal relation of the couple can be produced together with the
death certificate or the local administration's certification of the deceased
person.
4. Illegally imported
motorcycles which were permitted by provincial-level People's Committees to be
liable to industry and trade tax and registered on or before December 31, 1995,
may have their owners changed, be moved or get new number plates.
5. For a registered
vehicle with its certificate of import origin (customs certificate) detected to
have been forged or have its engine and chassis numbers erased or tampered:
- Its dossier shall be
transferred to an investigative agency for investigation and handling under
law.
- In case the investigative
agency makes a written conclusion that this vehicle is not a stolen or
misappropriated one, the vehicle registration agency shall transfer its dossier
to the provincial-level Customs Department or Tax Department for retrospective
collection of tax. Upon receipt of a voucher of retrospective collection of
tax, the vehicle registration shall be made.
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7. For a motorcycle which
was registered on or before December 31. 1995, and has its registration stamped
with the words "Not for sale, exchange or donation", if there is no
dispute or claim, the vehicle registration agency shall register its owner
change or movement or issue a new number plate lor the vehicle.
For an illegally imported
motorbike for which tax has been retrospectively collected by the customs
office and which has been registered, the vehicle registration agency shall
register its owner change or movement or issue a new number plate.
8. For a rebuilt vehicle
which was registered on or before June 4, 1996, if its dossier lacks the
technical test record as required in Joint Circular No. 223/TT/LB of December
7, 1979, of the Ministry of Transport and the Ministry of the Interior (now the
Ministry of Public Security), the vehicle registration agency shall register
its owner change or movement or issue a new number plate.
9. For a locally assembled
vehicle which was registered on or before February 19, 1998, if it has the
first product quality certificate or a copy of the takeover test record of the
takeover test council under the Ministry of Transport's regulations, the
vehicle registration agency shall register its owner change or movement or
issue a new number plate.
10. For a transferred
vehicle for which owner change procedures have not been carried out or of which
the registration is lost, its purchaser shall make a written undertaking and
produce his/her identification papers and valid transfer documents. If not
subject to any dispute or claim, it may have its owner changed or be moved to
another locality (for a vehicle subject to an owner change within a province, a
written reply of vehicle verification shall be printed according to a set form
and handed to the vehicle purchaser for carrying out registration fee payment
procedures).
11. For a vehicle dossier
which has been properly registered but lacks the signature of the head of the vehicle
registration section or team or the vehicle registration officer or in which
the vehicle registration declaration or the vehicle owner change or movement
declaration is not appended with a seal; a vehicle registration which contains
an error in the holder's address or a numeral in the engine and chassis numbers
or lacks a copy of the excise tax receipt (for vehicles liable to excise tax):
or a dossier which lacks a provisional invoice or copies of the driver license
and the registration fee receipt or the vehicle body rebuilding permission but
has a certificate of inspection of technical safety of road motor vehicle
issued by the transport service, the vehicle owner may propose the section head
to guide the vehicle registration and management (at provincial-level
departments) or the head of the Traffic Police Section or district-level police
chief (in localities) to accept these dossiers for registration.
12. For registered
semi-trailers with their owners changed or having their dossiers requested to be
split up separately for tractor trucks, trailers and semi-trailers:
Original dossiers and number
plates of semi-trailers shall be used for registration of tractor trucks.
Copies of original dossiers of semi-trailers certified by traffic police
sections shall be used for registration of trailers and semi-trailers.
13.Control signs shall be
issued for automobiles bearing number plates of special economic-trade zones
under the Governments regulations and operating in inland Vietnam:
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- A (valid) personal identity
card or passport or a paper of equivalent validity;
- The vehicle registration;
- A declaration of temporarily
imported road motor vehicle for re-export, made according to a form set by the
Ministry of Finance and issued by the provincial-level Customs Department;
13.2. The control sign issuer
(the traffic police section) shall check vehicles applying for control signs
against the list of vehicles under its management, record them in a monitoring
book and issue control signs right on the date of application.
13.3. A control sign is valid
for up to 30 days after the date of issuance. A control sign shall be stuck on
the upper right corner of the vehicle windshield.
13.4. Papers on issuance of
vehicle control signs and hooks for monitoring automobiles entering inland
Vietnam for operation (made according to set forms, not printed herein) must be
numbered, bound into volumes and managed under the Ministry of Public
Security's regulations.
13.5. All vehicles running on roads
in inland Vietnam without control signs or with expired or counterfeit control
signs or involved in other illegal acts must be promptly detected and strictly
handled under law.
III.
PROVISIONS ON REVOCATION OF VEHICLE REGISTRATIONS AND NUMBER PLATES
1. Cases
subject to revocation of vehicle registrations and number plates
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1.2. Vehicles with their engines
or chassis removed for assembly into other vehicles.
1.3. Temporarily imported
vehicles of foreign agencies, organizations or individuals which are
re-exported or transferred in Vietnam.
1.4. Vehicles imported free of
duty for projects, which are now transferred and used for other purposes.
1.5. Vehicles registered in special
economic- trade zones under the Government's regulations which are now
re-exported, or transferred into Vietnam.
1.6. Stolen vehicles which
cannot be found and for which their owners apply for revocation of
registrations and number plates.
1.7. Vehicles with an expired
useful life and vehicles banned from circulation under the Government's
regulations.
2.
Responsibilities of functional agencies for revocation of vehicle registrations
and number plates
2.1. The agency in charge of
revoking vehicle registrations and number plates shall:
2.1.1. In case vehicles are
subject to revocation of vehicle registrations and number plates specified at
Points 1.1 thru 1.6, Section HI of this Circular, upon receiving requests for
revocation of vehicle registrations and number plates, withdraw dossiers it is
managing for carrying out procedures for issuing certificates of revocation of
vehicle registrations and number plates.
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2.1.3. Coordinate with police
offices of communes, wards or townships where vehicle owners reside in sending
notices requesting owners of vehicles with an expired useful life, cong nong
vehicles (a type of small three-wheeled truck) and other home-made three or
four-wheeled vehicles to carry out procedures for revocation of vehicle
registrations and number plates at traffic police offices within 15 days after
receiving these notices. Past this time limit, if vehicle owners fail to show
up and carry out procedures, it shall coordinate with commune-level police offices
in revoking vehicle registrations and number plates.
2.1.4. Notify the list of
vehicles with an expired useful life to local police offices in charge of
assuring traffic order and safety, so that the latter can detect and handle
violations under law.
2.2. Traffic police and
transport forces in charge of assuring traffic order and safety shall:
2.2.1. Upon detecting, through
the work of assuring traffic order and safety, automobiles with an expired useful
life, small three-wheeled trucks and other home-made three- or four-wheeled
vehicles running on roads in their localities, make written records of
violations and stop the operation of these vehicles and temporarily seize their
registrations and number plates for handover or written notification to traffic
police offices where these vehicles have been registered for carrying out
procedures for revocation of vehicle registrations and number plates.
2.2.2. For vehicles which are
irreparably destroyed due to traffic accidents, the agencies handling these
traffic accidents shall temporarily seize their registrations and number plates
(if any) and notify such in writing to the vehicle registration agency for
carrying out procedures for revocation of vehicle registrations and number
plates.
3.
Procedures for revocation of vehicle registrations and number plates
3.1. Vehicle owners shall fill
in by themselves and submit declarations for revocation of vehicle
registrations and number plates (according to a form provided by this Circular,
not printed herein) and return vehicle registrations and number plates without
having to take along their vehicles to the agency in charge of revocation. For
stolen or misappropriated vehicles, only declarations for revocation of vehicle
registrations and number plates and vehicle registrations are required (if
available).
3.2. In case a competent agency
temporarily seizes vehicles with an expired useful life or expired operation
duration or vehicles irreparably destroyed due to traffic accidents; or revokes
vehicle registrations and number plates in sanctioning administrative
violations, the revocation of vehicle registrations and number plates requires
only written notices of the agencies temporarily seizing vehicles and written
records of administration violations or decisions on temporary seizure of
vehicle registrations and number plates (enclosed with these registrations and
number plates).
After receiving complete
dossiers for revocation of vehicle registrations and number plates as required
above, the agency revoking vehicle registrations shall issue certificates of
revocation of vehicle registrations to vehicle owners (made according to a set
form, not printed herein).
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1.
Management of vehicle dossiers:
1.1. Vehicle registration
dossiers shall be managed according to dossier management regulations of the
Ministry of Public Security; data on vehicles shall be uniformly managed in the
computer system. The vehicle registration agency shall monthly report vehicle
registration and management data to the Road and RaiIway Traffic Police
Department for monitoring and management.
1.2. Vehicle dossiers kept at
the vehicle registration agency include:
1.2.1. The following documents
in a vehicle dossier:
- Vehicle registration
declaration;
- Document of vehicle origin
specified at Point 3.3, Part A. Section II of this Circular.
For vehicles with their o\\
tiers changed, moved to other localities or having their registrations renewed
or re-issued, their dossiers must also have old registrations, declarations and
owner change or movement papers.
1.2.2. The whole vehicle
registration dossier in the following cases:
- Dossier of a vehicle
temporarily imported free of customs duty under regulations;
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- Dossier of a vehicle
purchased, sold or donated without owner change;
- Dossier of a vehicle with an illegally
tampered engine or chassis number;
- Dossier of a vehicle subject
to a dispute or lawsuit claim or for use in professional operations;
- Dossier of a vehicle with an
expired useful life under the Government's regulations.
1.3. Management of dossiers for
revocation of vehicle registrations and number plates:
1.3.1. Dossiers for revocation
of registrations and number plates of vehicles with an expired useful life;
home-made vehicles with an expired operation duration under regulations;
vehicles irreparably destroyed in traffic accidents; dossiers for provisional
vehicle registration; and damaged printed forms shall be archived and handled
under the Ministry of Public Security's dossier regulations. After one year,
these dossiers shall be reported to the dossier destruction council.
1.3.2. Revoked vehicle number
plates shall be managed under the Ministry of Public Security's regulations.
Biannually. reports shall be sent to the director of the Road and Railway
Traffic Police Department (at the Ministry) or directors of provincial-level
Police Departments (in localities) for setting up councils for destruction of
revoked vehicle number plates. Destroyed number plates must not used in
registration for issuance of number plates for other vehicles.
1.3.3. A council for destruction
of dossiers printed forms or number plates shall be composed of:
- At the Ministry, the director
of the Road and Railway Traffic Police Department as its chairman and the heads
of the force-building and logistic section and the section guiding the road
motor vehicle registration and management under the Road and Railway Traffic
Police Department as its members.
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2.
Provisions on number plates:
2.1. Vehicles registered at the Road
and Railway Traffic Police Department or a provincial-level Police Department
will have number plates bearing the code of the Road and Railway Traffic Police
Department or that provincial-level Police Department. Vehicles of agencies,
organizations and individuals of a foreign country will have the identification
code of that country.
2.2. Number plates of vehicles
of domestic organizations and individuals
- Vehicles not engaged in
business activities of state administrative agencies; state power agencies;
procuracy agencies and courts; people's public security force; Party
organizations; socio-political organizations: Number plates have white digits
and letters against the blue background. Serial numbers of number plates have
one of the following five letters: A, B, C, D and E.
- Vehicles of enterprises of all
economic sectors; vehicles engaged in economic activities of state agencies;
non-business organizations, non-business organizations with revenues; vehicles
of individuals: Number plates have black digits and letters against the white
background. Serial numbers of number plates have one of the following 15
letters: F, H, K, L. M, N. P, R. S, T, U, V, X, Y and Z. Particularly:
+ Army vehicles engaged in
economic activities have the code "KT".
+ Vehicles of foreign joint
ventures or enterprises with 100% foreign capital and hired foreign vehicles
have the code "LD".
+ Vehicles of foreign investment
projects have the code "DA".
+ Trailers and semi-trailers
have the code "R".
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+ Tractors have the code
"MK".
+ Electric motorcycles have the
code "MD".
- Vehicles of a special
economic-trade zone specified by the Government have a registered local code
and two letters standing for the name of this zone; the number plate colors:
digits and letters in red against the yellow background.
2.3. Number plates of vehicles
of foreign agencies, organizations and individuals:
- Vehicles of diplomatic
missions: consulates and their foreign staffs eligible for diplomatic
privileges and immunities or consular immunities: Number plates have black
digits and letters against the white background and the code "NG" in
red. Particularly, number plates of vehicles of ambassadors and general consuls
have a red line crossing the country-indicating digits and registration serial
number.
- Vehicles of representative
offices of international organizations and their foreign staff eligible for
diplomatic privileges and immunities or consular immunities: Number plates have
black digits and letters against the white background and the code
"QT" in red. Particularly, number plates of vehicles of heads of
representative offices of the United Nations organizations have a red line
crossing the country-indicating digits and registration serial number.
- Vehicles of foreign
organizations, representative offices and individuals (including foreign
students in Vietnam): Number plates have black digits and letters against the
white background, and the code of "NN".
2.4. Materials and sizes of
number plates:
- Vehicle number plates are made
of metal while provisional number plates are made of paper.
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+ Long plate: 110 mm in height
and 470 mm in length.
+ Short plate: 200 mm in height
and 280 mm in length.
- A trailer or semi-trailer has
a number plate attached to its rear. The size of "the plate is 200 mm in
height and 280 mm in length.
- A motorcycle, tractor or
electric motorcycle has a number plate attached to its rear. The size of the
plate is 140 mm in height and 190 mm in length.
2.5. Font sizes of letters and
numbers on number plates of automobiles, motorcycles, tractors, electric
motorcycles, trailers and semi-trailers are provided in an appendix to this
Circular (not printed herein).
2.6. Only establishments
permitted by competent police-offices may manufacture vehicle number plates.
The manufacture and supply of vehicle number plates shall be conducted
according to requirements of the vehicle registration agency. Vehicle number
plates shall be strictly managed under regulations.
3.
Provisions on painting of number plates and letters on sides and doors of
automobiles:
For automobiles of all kinds
(except for those of 9 seats or less), then owners shall observe the following
provisions:
3.1. Paint the registration
number at the rear and both sides of the automobile.
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3.3. Paint the name of the
managing agency or unit on both doors of the automobile (except for private
automobiles of Vietnamese citizens).
4.
Validity duration of vehicle registrations:
4.1. In registrations of automobiles
of diplomatic missions, consular offices and international organizations and
their foreign staff, the validity duration shall be written in the section
"valid until date..." according to the letter of introduction issued
by the State Protocol Department or provincial-level Foreign Service.
4.2. In registrations of
vehicles of domestic organizations and individuals, in the section "valid
until date..." shall be written the last date of the useful life of the
vehicle according to the Government's regulations.
5.
Competence to sign papers:
5.1. The director of the Road
and Railway Traffic Police Department and heads of provincial-level Police
Departments' traffic police sections shall sign vehicle registrations, made
according to forms 09 (not prima! herein) (for motorcycles, mopeds and electric
motorcycles) and forms 10. 11,12 and 13 provided in this Circular (not printed
herein) and other papers related to vehicle registration and management.
Particularly, heads of traffic police sections of special economic-trade zones
specified by the Government may sign forms 14,15 and 16 provided in this
Circular(not printed herein.)
5.2. Heads of district-level
police offices shall sign vehicle registrations, made according to form 09 (not
printed herein) (for motorcycles, mopeds and electric motorcycles) and form 12
provided in this Circular (not primed herein) and other papers related to
motorcycle registration and management in their localities.
IV.
ORGANIZATION OF IMPLEMENTATION
1. This Circular takes effect on
July I, 2009, and replaces the Public Security Ministry's Circulars No.
01/2007/TT-BCA-C11 of January 2, 2007, guiding the issuance of registrations
and number plates of road motor vehicles; No. 12/2008/TT-BCA-C11 of August 20.
2008. supplementing a number of provisions of Circular No. 01/2007/ TT-BCA; No.
01/2008/TT-BCA-C11 of February 22. 2003. guiding the issuance and management of
operation control signs of automobiles bearing number plates coded 74-LB of Lao
Bao special economic-trade zone, Quang Tri province, running into inland
Vietnam.
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3. The director of the Road and
Railway Traffic Police Department and directors of provincial-level Police
Departments shall guide, supervise and urge the strict implementation of this
Circular and relevant laws.
4. The General Director of
Police shall direct, guide and supervise the implementation of this Circular.
Any problems arising in the
course of implementation should be reported by concerned units and localities
to the Ministry of Public Security (through the General Department of Police)
for timely guidance.
FOR
THE MINISTER OF PUBLIC SECURITY
VICE MINISTER LIEUTENANT GENERAL
Tran Dai Quang
