Circular No. 36/2010/TT-BCA October 12, 2010, on vehicle registration

• Official number: 36/2010/TT-BCA
• Legislation Type: Circular
• Organization: The Ministry of Public Security
• Signer: Le Hong Anh
• Issued Date: 12/10/2010

THE MINISTRY OF PUBLIC SECURITY -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No. 36/2010/TT-BCA	Hanoi, October 12, 2010

CIRCULAR

ON VEHICLE REGISTRATION

Pursuant to the 2008 Law on Road Traffic;
Pursuant to Decree No. 77/2009/ND-CP of September 15, 2009, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;
The Ministry of Public Security provides for vehicle registration as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the grant, renewal and revocation of registrations and number plates of motor vehicles specified in the Law on Road Traffic which are powered with petrol, oil, electricity, gas or other fuels,, including automobiles; tractors; trailers or semi-trailers towed by trucks or truck tractors; two-wheeled motorcycles; three-wheeled motorcycles; mopeds and vehicles of similar structures; special-use motorcycles used exclusively by public security forces for security purpose (generally referred to as vehicle registration).

Article 2. Subjects of application

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2. This Circular does not apply to the registration of motor vehicles of the Army for use for national defense purpose.

Article 3. Agencies in charge of vehicle registration

1. The Road and Railway Traffic Police Department shall organize the registration of automobiles of diplomatic missions, representative offices of international organizations and foreigners working in these missions and offices; automobiles of agencies and organizations specified in Appendix 1 to this Circular.

2. Traffic police divisions of provincial-level police departments shall organize the registration of the following types of vehicles (except subjects specified in Clause 1 of this Article):

a/ Automobiles, tractors, trailers and semi-trailers; motorcycles of a cylinder capacity of 175 cm3 or more or vehicles subject to decisions on confiscation into the state budget and vehicles of similar structures of agencies, organizations and individuals at home and abroad, including also vehicles of military units engaged in economic activities or stationed in localities of these police divisions;

b/ Motorcycles, mopeds, electrical bicycles and vehicles of similar structures of foreign agencies, organizations and individuals, projects and economic organizations in joint ventures with foreign parties in localities, and organizations and individuals that are based or reside in districts, towns or cities in which vehicle registry offices of traffic police divisions are located.

3. Police offices of districts, towns or provincial cities (collectively referred to as district-level police offices) shall organize the registration of and grant number plates for motorcycles, mopeds, electrical bicycles and vehicles of similar structures of domestic agencies, organizations and individuals that are based or reside in their localities (except subjects specified in Clauses I and 2 of this Article).

4. When necessary, to meet practical requirements of border, deep-lying or remote districts or localities with physical foundation difficulties, directors of provincial-level police departments may, after reporting such to and obtaining written approval of the General Director of Police for Administrative Management of Social Order and Safety, decide to assign traffic police divisions to organize vehicle registration for clusters of these districts or localities in order to make it convenient for registering organizations and individuals.

Article 4. Time limit for completion of vehicle registration procedures

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2. For the grant or renewal of vehicle registration certificates: vehicle ownership transfer dossiers; or vehicle registration or number plate revocation certificates, the time limit for procedure completion is 2 working days after the receipt of valid dossiers.

3. For the renewal or re-grant of vehicle number plates, the time limit for procedure completion is 7 working days after the receipt of valid dossiers.

4. For temporary registration, temporary registrations and number plates shall be granted for use within the day.

Article 5. Responsibilities of agencies and officers in charge of vehicle registration

1. To strictly comply with this Circular and other regulations relevant to vehicle registration. To prohibit the imposition of additional vehicle registration procedures in contravention of this Circular.

2. Officers who receive vehicle registration dossiers shall check these dossiers against actual conditions of vehicles and accept these dossiers and carry out registration if dossiers are complete and valid.

In case dossiers are incomplete, receiving officers shall provide specific full guidance (to be written on the back of the vehicle registration declaration) and take responsibility for such guidance.

Article 6. Responsibilities of vehicle owners

1. To strictly comply with regulations on vehicle registration; to have valid vehicle dossiers and take responsibility before law for the lawfulness of their vehicles and registration dossiers; to take their vehicles to vehicle registry offices for checking and pay fees for vehicle registrations and number plates.

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3. Within 30 days after making documents on vehicle sale, purchase, donation, giving as gift or inheritance, vehicle purchasers or sellers shall come to vehicle registry offices to carry out vehicle ownership transfer, movement or registration change procedures.

4. All acts of forging dossiers, chiseling or otherwise tampering with engine or frame numbers for vehicle registration purpose are prohibited.

Chapter II

PROCEDURES FOR REGISTRATION, RENEWAL AND REVOCATION OF VEHICLE REGISTRATIONS AND NUMBER PLATES

Section A. VEHICLE REGISTRATION AND GRANT OF NUMBER PLATES

Article 7. Vehicle registration dossier

1. Vehicle registration declaration: The vehicle owner shall fully fill in the vehicle registration declaration form; sign, write his/her full name and append a seal (in case of agencies or organizations).

2. Papers of the vehicle owner:

2.1. For Vietnamese vehicle owners, any of the following papers shall be produced:

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2.1.2 Letter of introduction of the head of the agency or unit in which the vehicle owner works, enclosed with his/her people's public security identity card or people's army identity card (under the Ministry of National Defense's regulations). In case the vehicle owner has no such card, certification of the head of the agency or unit in which he/she works is required.

2.1.3. Student card, for students in the formal training program of a term of 2 years or more of secondary schools, colleges, universities or academies; and letter of introduction of the school.

2.1.4. Temporary residence book or household .registration book and valid passport or another paper of equivalent validity, for vehicle owners being overseas Vietnamese returning to reside or work in Vietnam.

2.2. For foreign vehicle owners:

2.2.1. A foreigner working in a diplomatic mission, consular office or representative office of an international organization shall produce a valid diplomatic identity card or official identity card and submit a letter of introduction of the State Protocol Department or the Foreign Affairs Department.

2.2.2: A foreigner residing or working in Vietnam shall produce a valid passport or another paper of equivalent validity; a permanent residence card or temporary residence card of a term of one year or more and a work permit under regulations, and submit a letter of introduction of a competent Vietnamese organization or agency.

2.3. For vehicle owners being agencies or organizations:

2.3.1. A vehicle registrant from a Vietnamese agency or organization shall produce his/her identity card enclosed with a letter of introduction of his/her agency or organization.

2.3.2A vehicle registrant from a diplomatic mission, consular office or representative office of an international organization in Vietnam shall produce his/her valid diplomatic identity card or official identity card, and submit a letter of introduction of the State Protocol Department or the Foreign Affairs Department.

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2.4. A person authorized to register a vehicle shall produce his/her identity card, and submit a power of attorney certified by the People's Committee of the commune, ward or township in which he/she resides or the agency or unit in which he/she works.

3. Papers of the vehicle:

3.1. Vehicle transfer deed, which is any of the following papers:

3.1.1. Decision on sale, donation or giving as gift of the vehicle or vehicle sale and purchase contract as stipulated by law.

3.1.2. Inheritance deed as specified by law.

3.1.3. Sale invoice as specified by the Ministry of Finance.

3.1.4. Written consent to the sale of the vehicle of the Logistical and Technical General Department (for public security vehicles) or the General Staff (for army vehicles), for state-equipped or -assigned vehicles sold to civilians.

3.1.5. Written consent to the sale of the vehicle of the minister or chairperson of the provincial-level People's Committee or the chairperson of the Board of Directors of the enterprise, enclosed with the sale and purchase contract and the declaration for asset handover, for vehicles being assets of state enterprises, which are assigned, sold, contracted for business purpose or leased, upon registration or ownership transfer.

3.1.6. Decision on allocation or transfer of vehicle of the Ministry of Public Security (for state-equipped or -assigned vehicles) or purchase and sale deed (for vehicles procured by agencies or units), for special-use vehicles of the People's Public Security Force used for security purpose.

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3.2. Vehicle registration fee payment document

3.2.1. Registration fee receipt or document on registration fee remittance into the state budget in cash or in check via the state treasury (with the state treasury's certification of money receipt) or paper of authorized payment of registration fee via a bank under the Ministry of Finance's regulations. In case many vehicles share a registration fee payment document, each vehicle must have a copy of such document which is notarized or certified by the agency that has issued such document.

3.2.2. For vehicles exempt from registration fee, only the registration fee declaration certified by a tax office (instead of registration fee receipt or document on registration fee remittance) is required.

3.3. Vehicle origin document

3.3.1. For vehicles imported under commercial contracts, duty-free vehicles, special-use vehicles subject to the duty rate of 0% and vehicles as project aid: Declaration of origin of imported automobile or motorbike (made according to a form set by the Ministry of Finance).

3.3.2. For vehicles temporarily imported for re-export by subjects eligible for diplomatic privileges and immunities as provided by law or treaties to which Vietnam is a contracting party; vehicles of foreign consultants of ODA programs or projects in Vietnam or of overseas Vietnamese invited to work in the country: vehicle import permit of the customs office.

3.3.3. For vehicles being non-commercial imports, donated or given as gift or imported as movable assets, non-refundable or humanitarian aid: Declaration of non-commercial export or import under the Ministry of Finance's regulations enclosed with import duty, excise tax and value-added tax payment receipts for import (as required) or mutual ceasing order or paper of via-treasury remittance or account transfer or authorized via-bank payment, clearing indicating that taxes have been paid. In case of no duty or tax payment receipt, there must be a duty or tax exemption decision or written permission of a competent authority for duty or tax exemption or written certification of aid goods under the Ministry of Finance's regulations (instead of duty or tax payment receipt).

For vehicles subject to the duty or lax rate of 0%, only the declaration of non-commercial export or import under the Ministry of Finance's regulations is required, clearly indicating the vehicle brand, engine and frame number.

3.3.4. For imported trailers, semi-trailers, tractors, electrical bicycles and cars: Certificate of technical safety and environmental protection of imported motor vehicle (for number plate registration) under the Ministry of Transport's regulations. In case such a certificate indicates no vehicle brand, the vehicle registration must indicate the name of the country of manufacture in the number and type section.

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3.3.6. For converted vehicles: Vehicle registration certificate (for registered vehicles) or import origin document (for used vehicles) specified Jit Point 3.3.1, Clause 3 of this Article enclosed with a certificate of technical safety and environmental protection for converted motor vehicle under regulations of the Ministry of Transport or the Ministry of Public Security (for vehicles of the people's public security force).

For vehicles having only their complete engine, engine block or complete frame units replaced, the origin document must be added with an export or import declaration enclosed with a detailed list of complete engines or frame units (the original or a notarized or duly certified copy). In case domestically manufactured complete engines or frame units are used, a slip of ex-workshop quality inspection under the Ministry of Transport's regulations is required.

In case complete engines or frame units of registered vehicles are used, a certificate of registration and number plate revocation (clearly indicating that such a certificate is granted for complete engine units or complete frame units) is required.

In case complete engines or frame units of confiscated vehicles are used, a confiscation decision of a competent authority is also required, enclosed with an invoice of sale of confiscated items under regulations.

3.3.7 For vehicles confiscated into the state budget: A competent authority's decision on confiscation of the vehicle into the state budget, enclosed with an invoice of sale of asset confiscated into the state budget issued by the Ministry of Finance (for assets handled by liquidation), or written record of asset handover and receipt (for assets handled by transfer).

3.3.8. For vehicles subject to decisions on handling of material evidence: Decision on handling of material evidence of an investigative agency, procuracy or court (the original issued for each vehicle), enclosed with a money collection slip, money receipt or handover written record (for victims). For decisions on handling of material evidence confiscated into the state budget, there must be an invoice of sale of asset confiscated into the state budget issued by the Ministry of Finance (for assets handled by liquidation), or written record of asset handover and receipt (for assets handled by transfer).

3.3.9. For vehicles subject to the handling of bonded warehouse inventories: Import origin document as specified at Points 3.3.1 thru 3.3.4, Clause 3 of this Article, enclosed with a decision on sale of bonded warehouse inventory issued by the council for handling of warehouse inventories under the Ministry of Finance's regulations.

Particularly for vehicles on the Government's list of goods banned from import, the provincial-level Customs Department's decision on confiscation of the vehicle into the state budget is required (registration dossier made according to Point 3.3.7, Clause 3 of this Article).

3.3.10. For vehicles subject to the handling of inventories at seaport

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- For vehicles subject to the handling of inventories confiscated into the state budget, their origin documents comply with Point 3.3.7, Clause 3 of this Article.

3.3.11. For vehicles subject to the collection of import duty arrears

- For registered vehicles, which are now detected to have forged origin documents: Import duty, excise tax and value-added tax payment receipts for imports (if any);

- Vehicle registration certificate or decision on handling of material evidence or written conclusions of the investigative agency.

3.3.12. For vehicles subject to the additional collection of import duty arrears

- Decision on collection of duty arrears, issued by the provincial-level Customs Department or Tax Department.

- Document on import duty remittance into the state budget.

- Original dossier of the vehicle.

3.3.13. For vehicles in the national reserves: Order on sale of national reserve goods, issued by the National Reserves Department; in case many vehicles are subject to the same sale order, a copy (certified by the National Reserves Department) of the order is required for each vehicle, enclosed with a declaration of vehicle import origin or a written certification of the General Department of Customs (an original for each vehicle), clearly indicating the vehicle brand and engine and frame numbers.

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Section B. REGISTRATION OF VEHICLE OWNERSHIP TRANSFER OR MOVEMENT

Article 8. Registration of vehicle ownership transfer within a province or centrally run city (below collectively referred to as province)

1. The vehicle owner shall produce papers specified in Clause 2, Article 7 of this Circular.

2. Vehicle registration declaration.

3. Vehicle registration certificate.

4. Vehicle transfer deed specified at Point 3.1, Clause 3, Article 7 of this Circular.

5. Registration fee receipt specified at Point 3.2, Clause 3, Article 7 of this Circular.

6. For vehicle ownership transfer, the vehicles' existing number plates may be kept unchanged (particularly, 3-digit or 4-digit number plates shall be changed into 5-digit ones) and vehicle registration certificates shall be granted to new vehicle owners.

Article 9. Registration of vehicles transferred or moved from other provinces

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2. Vehicle registration declaration.

3. Registration fee receipt specified at Point 3.2. Clause 3. Article 7 of this Circular.

4. Ownership transfer declaration and ownership transfer or movement slip enclosed with the transfer deed specified at Point 3.1, Clause 3, Article 7 of this Circular.

Article 10. Procedures and dossiers for vehicle ownership transfer or movement from one province to another

1. The vehicle purchaser or seller shall produce papers specified in Clause 2. Article 7 of this Circular.

2. Vehicle registration certificate and number plate.

3. Two vehicle ownership transfer or movement declarations.

4. Vehicle transfer deed specified at Point 3.1, Clause 3, Article 7 of this Circular. For a vehicle moved from a province to another without changing its owner, there must be a decision on transfer (of the vehicle owner) to a new working place or the vehicle owner's household registration book instead of a vehicle transfer deed. -.

Section C. RENEWAL OR RE-GRANT OF VEHICLE REGISTRATION CERTIFICATES OR NUMBER PLATES

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1. Cases subject to renewal of vehicle registration certificates: Converted vehicles, vehicles with changed paint colors; definite-term extension of vehicle registration certificates; faded or ragged vehicle registration certificates; vehicles being a common asset of spouses which have been registered under the husband's or the wife's name but now the spouses wish to register it as their common asset.

2. Cases subject to renewal of vehicle number plates: Number plates are faded, broken or otherwise damaged.

3. Procedures for renewing vehicle registration certificates or number plates

3.1. Vehicle registration declaration.

3.2. Papers specified in Clause 2, Article 7 of this Circular.

3.3. Old vehicle registration certificate (in case of renewal of vehicle registration certificate) or number plate (in case of renewal of number plate), to be returned.

In case of extension of vehicle registration certificates of diplomatic missions, consular offices, representative offices of international organizations and foreign staff, there must be also letters of introduction of the State Protocol Department or the Foreign Affairs Department.

Vehicle owners being officers and soldiers of the People's Public Security Force or the People's Army, or pupils and students who have registered their vehicles using the addresses of their agencies or schools, who are now demobilized, transferred to other working offices or graduate, may have their vehicle registration certificates renewed or re-granted with their new addresses of permanent residence or temporary residence.

When carrying out procedures for renewing vehicle registration certificates or number plates, vehicle owners arc not required to bring their vehicles to registry offices for checking (except converted vehicles and vehicles with changed paint colors), but shall return the vehicle engine and frame number rubbings under regulations.

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1. A dossier for re-grant of a loss vehicle registration certificate or number plate comprises:

1.1. Papers specified in Clause 2, Article 7 of this Circular.

1.2. Vehicle registration declaration.

2. In case a vehicle's number plate is lost, its old plate number will be re-granted. For a vehicle currently using a 3-digit or 4-digit number plate, such number plate shall be changed into a 5-digit one under regulations.

For a registered vehicle having a number plate which has undergone procedures for its ownership transfer or movement to another locality, if its owner now applies for re-registration of its original owner, re-registration procedures shall be carried out with the old number plate retained. Old number plates being 3-digit or 4-digit ones shall be changed into 5-digit ones under regulations.

Section D. TEMPORARY REGISTRATION OF VEHICLES

Article 13. Types of vehicle subject to temporary registration

1. Imported, manufactured or assembled automobiles; automobile chassis with cabs; flatbed trucks; trailers, semi-trailers; tractor trucks which are intended to run from warehouses, ports, factories or sale agents to registry offices or agents or other warehouses.

2. Vehicles bearing foreign number plates permitted by competent authorities to be temporarily imported for re-export within a given period (except those operating in border areas with border gates); vehicles for participation in conferences, trade fairs, physical training and sports tournaments, exhibitions or tourism; vehicles in transit; automobiles with right-hand drive wheels permitted to operate on the road under regulations.

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4. Automobiles accompanied with slips of ownership transfer or movement to other localities.

5. Automobiles undergoing procedures for revoking registration certificates and number plates for re-export to their countries of origin or transfer in Vietnam.

6. Vehicles permitted by competent authorities to enter Vietnam to serve conferences, trade fairs, physical training and sports tournaments or exhibitions.

7. Automobiles used for driving tests or operating within restricted areas (when they move outside these areas).

Article 14. Dossiers and papers for temporary registration of vehicles

1. For vehicles manufactured or assembled in Vietnam

1.1. Vehicle registration declaration;

1.2. Slip of inspection of ex-workshop quality of road motor vehicle, issued by the vehicle manufacturer under regulations.

1.3. Sale invoice or delivery bill.

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2. For imported vehicles, vehicles temporarily imported for re-export within a given period and vehicles in transit

2.1. Vehicle registration declaration.

2.2. Declaration of export or import or detailed list of imported vehicles.

For a vehicle for which import procedures have been completed, procedures for temporary registration and grant of temporary number plates require the papers specified in Clause 3, Article 7 of this Circular (except fee registration receipt).

3. For vehicles permitted by competent authorities to enter Vietnam to serve conferences, trade fairs, exhibitions, physical training and sports tournaments, foreign vehicles entering Vietnam for tourism, only the vehicle registration certificate or a list of vehicles approved by a competent authority is required.

4. For vehicles transferred to other owners or moved to other localities, vehicles undergoing procedures for revoking registration certificates or number plates, a dossier of application for temporary registration and number plate must comprise a slip of ownership transfer or movement or certificate of revocation of vehicle registration and number plate.

5. For vehicles of foreigners or registered overseas with right-hand drive which are permitted to operate on the road under law.

5.1 Vehicle registration declaration.

5.2 Written permission of the Prime Minister or a ministry or sector authorized by the Prime Minister for the vehicle to operate on the road in Vietnam.

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6.1. Vehicle registration declaration.

6.2. A copy of the vehicle registration certificate.

7. When carrying out procedures for temporary registration and receipt of temporary number plates, vehicle owners are not required to bring vehicles to registry offices for checking but shall submit copies of vehicle dossiers (together with original dossiers for comparison).

Article 15. Validity of temporary vehicle registration certificates and places for temporary vehicle registration

1. A temporary vehicle registration certificate is valid for 15 days.

2. For vehicles to serve conferences, advertising, trade fairs, exhibitions, physical training and sports tournament and other lawful activities, temporary vehicle registration certificates are valid in the duration within which these vehicles are permitted by competent authorities to enter Vietnam to serve these events or activities.

3. Temporarily registered vehicles are permitted to operate on the road within the duration, on routes and within areas indicated in their temporary vehicle registration certificates.

4. For convenience purposes, vehicle owners may carry out temporary registration at the nearest vehicle registry offices.

Section E. REVOCATION OF VEHICLE REGISTRATION CERTIFICATES AND NUMBER PLATES

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1. Unusably damaged vehicles or vehicles destroyed due to objective causes.

2. Vehicles with their engines or frames removed for fitting into other vehicles.

3. Vehicles temporarily imported by foreign agencies, organizations or individuals for re-export or for transfer in Vietnam.

4. Vehicles of projects eligible for import duty exemption, which are transferred for use for other purposes.

5. Vehicles registered in special economic-trade zones or international border-gate economic zones under the Government's regulations, upon their re-export or transfer into Vietnam.

6. Vehicles which have been stolen or misappropriated and cannot be found and their owners request revocation of vehicle registration certificates.

7. Vehicles with expired lifetime; vehicles not permitted for operation under law.

Article 17. Responsibilities of functional agencies for revocation of vehicle registration certificates and number plates

1. Responsibilities of vehicle registry and management offices

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1.2. Based on the list of automobiles with expired lifetime and vehicles not permitted for operation under law provided by the relevant registry office, the offices revoking vehicle number plates shall review and carry out procedures for revoking vehicle registration certificates and number plates.

1.3. To coordinate with police offices of communes, wards or townships in which vehicle owners reside in notifying and requesting organizations and individuals possessing vehicles with expired lifetime, cong nong (a type of locally made small trucks) or other types of locally made three-wheeled or four-wheeled vehicles to come to traffic police offices to carry out procedures for revoking their registration certificates and number plates. Within 15 days after being notified, if vehicle owners fail to come to traffic police offices to carry out revoking procedures, to coordinate with police offices of communes, wards or townships in revoking vehicle registration certificates and number plates.

1.4. To notify the list of vehicles with expired lifetime to police offices and local administrations in charge of assuring traffic order and safety for the latter to detect and handle these vehicles under law.

2. Responsibilities of police offices, local administrations and functional forces in charge of assuring traffic order and safety

2.1. If detecting, through the work of assuring traffic order and safety, automobiles with expired lifetime, cong nong or other types of locally made three-wheeled or four-wheeled vehicles running on the road in their localities, to make minutes and stop the operation of these vehicles, temporarily seize their registration certificates and number plates, and handle these vehicles under law; and at the same time, to notify such in writing to traffic police offices with which these vehicles have been registered for the latter to carry out procedures for revoking their registration certificates and number plates.

2.2. For vehicles irreparably destroyed in traffic accidents, agencies responsible for handling these traffic accidents shall temporarily seize their registration certificates and number plates and notify such in writing to the offices with which these vehicles have been registered for carrying out procedures for revoking their registration certificates and number plates.

Article 18. Procedures for revoking vehicle registration certificates and number plates

1. Vehicle owners shall fill in declarations for revocation of vehicle registration certificates and number plates and return their vehicles' registration certificates and number plates, but are not required to bring their vehicles to revoking agencies. For stolen vehicles, vehicle owners are only required to fill in declarations for revocation of vehicle registration certificates and number plates and return their vehicles' registration certificates (if still in their possession).

2. In case competent authorities temporarily seize vehicles with expired lifetime or operation durations or vehicles irreparably destroyed in traffic accidents or revoke the registration certificates and number plates of vehicles while handling administrative violations involving these vehicles, in order to revoke vehicle registration certificates and number plates only written notices of authorities temporarily seizing vehicles and minutes of administrative violations or decisions on temporary seizure of vehicle registration certificates and number plates (accompanied with these certificates and number plates) arc required.

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Chapter III

HANDLING OF SOME SPECIFIC CASES

Article 19. Cases involving vehicle engine and frame numbers

1. For imported vehicles

1.1. Vehicles without engine and frame numbers: If the customs declaration of vehicle import origin indicates no engine and frame numbers or no engine and frame numbers are found, registration number plates may be imprinted instead. In case engine and frame numbers can be found, vehicle owners shall come to customs offices for reaffirmation.

1.2. Vehicles with their engine and frame numbers indicated in etiquettes, painted, faded or rusty, these numbers may be re-imprinted according to those certified by customs offices in the declarations of vehicle import origin.

1.3. Vehicles certified by customs offices as having no engine numbers but having frame numbers and VIN (shown on the windshield), such VIN shall be taken in substitution for engine numbers. For vehicles certified by customs offices as having only VIN and no frame and engine numbers, vehicle registry offices shall take VIN photos for filing and use these VIN in substitution for frame and engine numbers.

1.4. Imported vehicles with their engine and frame numbers re-imprinted are ineligible for registration (except those accompanied with handling documents of the Government or the Prime Minister).

2. For vehicles domestically manufactured or assembled

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2.2. Vehicles with overlapping engine and frame numbers are subject to invited assessment. If the assessing agency concludes that a vehicle's engine and frame numbers have been tampered with by chiseling, such vehicle will not be accepted for registration. In case the assessment concludes that the engine and frame numbers are original, these numbers shall be re-imprinted according to those indicated on the slip of ex-workshop quality inspection.

2.3. Vehicles with technically wrong engine and frame numbers subsequently re-imprinted by vehicle owners without permission will not be accepted for registration.

3. Registered vehicles which have their engines or engine blocks replaced without engine numbers will have these numbers imprinted according to their registered plate numbers.

4. For vehicles subject to decisions on confiscation or handling of material evidence and concluded by an assessing agency as having their engine and frame numbers tampered with by chiseling or erased or having unidentifiable original engine and frame numbers, these numbers may be re-imprinted according to plate numbers.

5. For vehicles subject to decisions on confiscation or handling of material evidence indicating their engine and frame numbers which have been eroded, faded or become rusty, these numbers may be re-imprinted according to plate numbers.

6. Vehicles with both engine and frame numbers or either engine number or frame number cut by welding will not be accepted for registration.

7. In all cases, the re-imprinting of engine and frame numbers shall be conducted by vehicle registry offices.

Article 20. Settlement of some problems in vehicle ownership transfer or movement

1. Upon ownership transfer or movement of vehicles, vehicle registration dossiers which were made on December 31, 2005, or earlier and lack transfer invoices or contain inconsecutive transfer invoices shall still be regarded valid under the Ministry of Finance's regulations.

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3. For vehicles which have been purchased, sold, donated or given as gifts by different owners many times within a province but for which ownership transfer procedures have not yet been carried out and their last purchasers sell them to another province, parties whose names are indicated in vehicle registration certificates or the last purchasers in the province of origin may make declarations for ownership transfer or movement, provided that vehicle purchase, sale or donation documents are complete and valid under regulations.

4. For temporarily imported vehicles; vehicles of projects which are transferred in Vietnam; vehicles given as donations or gifts

4.1. Vehicle owners shall carry out procedures for revocation of registration certificates and number plates at vehicle registry offices, then come to customs offices to carry out import procedures and return import dossiers to vehicle registry offices for carrying out procedures for ownership transfer or movement.

4.2. Vehicles, for which procedures for revocation of registration certificates and number plates have not been carried out but customs offices have collected import duty arrears or a functional agency of the Ministry of Finance has issued notices of non-collection of import duty arrears, may be transferred to new owners and have their ownership transfer or movement documents filed in their dossiers.

5. Duty-free imported vehicles which have been used, for more than 10 years are subject to the duty rate of 0%; duty-free vehicles of repatriating overseas Vietnamese imported under the Ministry of Finance's regulations may be transferred or moved under this Circular.

6. A vehicle already registered (under the names of both husband and wife or name of either husband or wife), in case the spouse whose name indicated on the vehicle registration certificate is dead or missing (with a death certificate or a court's missing declaration) and this vehicle is transferred to the surviving spouse or to be transferred to another party or moved elsewhere and dispute-free, is accepted for registration.

7. Illegally imported motorcycles which were permitted by provincial-level People's Committees for payment of industry and trade tax and registered on December 31, 1995, or earlier will be permitted for ownership transfer or movement or renewal of number plates.

8. For registered vehicles with their import origin certificates (customs certificates) detected to have been forged, their dossiers shall be transferred to an investigative agency for investigation and handling under law. If the investigative agency concludes in writing that these vehicles are not stolen or illegally appropriated ones, vehicle registry offices shall forward these dossiers to provincial-level Customs Departments or Tax Departments for collection of tax arrears. After receiving tax arrear receipts, vehicle registry offices shall accept these vehicles for registration.

9. Upon carrying out procedures for ownership transfer or movement, if registry offices detect forged or erased or modified registration certificates, they shall verify and clarify the cases, and at the same time notify such to vehicle owners named in vehicle registration certificates. Past 30 days from the date of notification, if vehicle owners fail to reply, sanctions shall be imposed for administrative violations under regulations and then registry offices shall carry out procedures for ownership transfer or movement. In case of a fraud or complaint, vehicle dossiers shall be forwarded to an investigative agency for handling under law.

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11. Motorcycles registered on December 31, 1995, or earlier with their registration certificates appended with the stamp "not for sale, exchange donation or presentation" and currently dispute-or complaint-free shall be permitted for ownership transfer, movement or number plate renewal.

Illegally imported motorbikes for which import duty arrears have been collected by customs offices and which have been registered may be permitted for ownership transfer, movement or number plate renewal.

12. Converted vehicles registered on June 4, 1996, or earlier, with their dossiers lacking a written record of technical inspection under Joint Circular No. 223/TT/LB of December 7, 1979, of the Ministry of Transport and the Ministry of Home Affairs, may be permitted for ownership transfer, movement or number plate renewal.

13. Domestically assembled vehicles registered on February 19, 1998, or earlier, which have copies of certificates of first product or of written records of takeover test of a takeover test council under the Ministry of Transport's regulations, may be permitted for ownership transfer, movement or number plate renewal.

14. For properly registered vehicle dossiers which, due to mistakes, lack signatures of leaders of vehicle registration divisions, teams or officers, lack seals/stamps on vehicle registration declarations or declarations for vehicle ownership transfer or movement or vehicle registration certificates; contain in import documents errors in addresses or some characters of engine and frame numbers against actual ones: or lack copies of excise tax receipts (for vehicles requiring these receipts); lack consecutive invoices or copies of driver licenses, registration fee receipts; or have not yet undergone procedures for renovating vehicle trunks but have obtained the transport sector's certificates of inspection of technical safety and environmental protection of road motor vehicle, vehicle owners may propose heads of divisions of vehicle registration and management guidance (for vehicles registered with the Road and Railway Traffic Police Department) or heads of district-level traffic police offices or police chiefs (for locally registered vehicles) to accept their vehicles for registration.

15. Electrical bicycles put into use before July 1, 2009, without origin documents or with improperly made transfer documents, if their owners make a written guarantee (certified by local administration), may be accepted for registration and grant of number plates.

16. For registered semi-trailers which are transferred or moved or for which applications are filed for division of their dossiers into ones for truck tractors, trailers and semi-trailers, original dossiers and number plates of the semi trailers shall be used for registration of truck tractors, while copies of original dossiers of the semi-trailers shall be used for registration of trailers and semi-trailers.

Article 21. Handling of other specific cases of registration and grant of number plates for vehicles

1. For vehicles subject to auction decisions of competent authorities

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1.1. For vehicles subject to auction decisions of judgment enforcement agencies for securing judgment enforcement

A dossier specified in Article 7 of this Circular is required and enclosed with:

a/ Vehicle registration certificate (for registered vehicles). In case the vehicle registration certificate cannot be recovered, a written certification of the judgment enforcement agency is required.

b/ A copy of the court decision or an excerpt of the judgment.

c/ Judgment enforcement decision of the competent civil judgment enforcement agency.

d/ Money receipt or asset handover minutes.

1.2. For mortgaged vehicles to be auctioned by banks for debt recovery

A dossier specified in Article 7 of this Circular is required. For vehicles involved in disputes or lawsuits, vehicles being judgment enforcement assets, excerpts of judgments or copies of judgments or court decisions and judgment enforcement decisions of judgment enforcement agencies are also required and enclosed with:

a/ Vehicle registration certificate (for registered vehicles). In case the vehicle registration certificate cannot be recovered, a written certification of the asset-auctioning bank is required (in substitution for vehicle registration certificate);

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c/ A copy of the asset purchase and sale contract or the asset transfer contract or the asset receipt minutes or the asset auction document (depending on each specific case to be handled);

d/ Money receipt under the Ministry of Finance's regulations;

e/ For a vehicle already registered in another locality, a slip of ownership transfer or movement must also be enclosed with the vehicle original dossier.

1.3. For vehicles subject to decisions on forcible distraint of competent agencies to secure the implementation of debt and deferred payment notices under the customs law: A dossier specified in Clauses 1 and 2 and Point 3.2, Clause 3, Article 7 of this Circular, enclosed with:

a/ A vehicle purchase, sale or donation document; copies of the decision on administrative coercion by distraint of assets for auction, the asset auction minutes of the district-level finance agency or the provincial-level asset auction service center, and the sale invoice under the Ministry of Finance's regulations;

b/ A declaration of import automobile origin (a copy of the first original kept at the customs office).

2. For vehicles of financial leasing companies registered using the addresses of working offices of financial lessees

2.1. A vehicle dossier as specified in Article 7 of this Circular.

2.2. A written request of the financial leasing company for vehicle registration by place of residence or location of working office of the lessee.

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3.1. Vehicle papers as specified in Article 7 of this Circular.

3.2. For vehicles manufactured or converted by their owners and put into use before December 31.2008, with improperly made origin documents, their owners shall make a written guarantee for the lawful origin of vehicles certified by the local administration and enclosed with the minutes of inspection by the transport sector certifying that the vehicle satisfies all technical safety and environmental protection conditions (for tractors) or a certificate of inspection of technical safety and environmental protection (for vehicles for persons with disabilities).

4. For special-use automobiles hired from foreign parties

4.1. A dossier as specified in Clauses 1 and 2 and Point 3.2, Clause 3, Article 7 of this Circular.

4.2. A hire contract.

4.3. An export or import declaration under the Ministry of Finance's regulations.

5. For vehicles of foreign aid projects upon the termination of these projects and handed over to Vietnamese parties

5.1. A dossier as specified in Clauses 1 and 2 and Point 3.2, Clause 3, Article 7 of this Circular, enclosed with the vehicle registration certificate; a document establishing state ownership of the vehicle (documents of ministerial-level leaders for central agencies, or documents of chairpersons of provincial-level People's Committees for local agencies); and a minutes of handover and receipt of asset from the donor.

5.2. Aid vehicles of projects can be sold upon their completion only when obtaining asset handling decisions of competent authorities.

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6.1. A dossier as specified in Clauses 1 and 2 and Point 3.2, Clause 3, Article 7 of this Circular, enclosed with the vehicle registration certificate.

6.2. Vehicle handover document of the foreign project manager.

6.3. A written certification of aid goods of the Department for Foreign Debt and External Finance Management under the Ministry of Finance.

7. Vehicles provided as non-refundable or humanitarian aid may be transferred or moved normally under this Circular.

8. For registered vehicles which are now recovered from completed projects or as other state assets under asset handling decisions of competent authorities

8.1. A dossier as specified in Clauses 1 and 2 and Point 3.2, Clause 3, Article 7 of this Circular, enclosed with the vehicle registration certificate.

8.2. An asset handling decision of a competent authority.

8.3. A state asset sale invoice issued by the Ministry of Finance in case of handling of asset by sale or liquidation; an asset handover and receipt minutes in case of handling of asset by transfer.

9. For registered vehicles of dissolved enterprises currently conducting asset liquidation

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9.2. A dissolution decision of a competent authority.

9.3. A transfer document of the agency authorized to handle assets under regulations or the agency issuing the dissolution decision.

10. For registered vehicles encountering accidents and recovered by insurance agencies that pay 100% indemnity.

10.1 A dossier as specified in Clauses 1 and 2 and Point 3.2, Clause 3, Article 7 of this Circular, enclosed with the vehicle registration certificate.

10.2 A vehicle handover paper of the vehicle owner and the vehicle registration certificate.

10.3 A document on indemnity payment.

10.4. An insurance invoice issued by the insurer to the insured.

11. The registration and management of vehicles of the Army's enterprises engaged in economic activities and military vehicles used in national defense tasks for which civil number plates are needed comply with Joint Circular No. 16/2004/TTLT-B CA-BQP of November 1, 2004, of the Ministry of Public Security and the Ministry of National Defense.

12. For vehicles with lost documents of origin

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12.2. A copy of the document of origin of imported vehicle (specified at Point 3.3, Clause 3, Article 7 of this Circular) certified by the agency that has issued such document. Particularly for domestically manufactured or assembled vehicles, the manufacturing or assembling establishment shall re-issue a slip of ex-warehouse quality inspection (with a complete registration dossier as specified in Article 7 of this Circular). If no violation or dispute is detected within 30 days after the re-issuance of such slip, the vehicle will be accepted for registration.

13. For vehicles being common assets of husband and wife

13.1. The vehicle owner shall voluntarily declare the vehicle as a common asset of husband and wife, fully indicating full names and signatures of the husband and wife in the vehicle registration declaration. For a vehicle under common ownership of husband and wife and already registered under the name of either the husband or wife and now requested to be registered as a common asset of husband and wife, the spouses shall fill in and sign the vehicle registration declaration. The vehicle registry office shall recover the old vehicle registration certificate and grant a new one.

13.2. The sale, donation or giving as gift of a vehicle under common ownership requires all signatures or a power of attorney for sale of all co-owners.

14. For converted vehicles

14.1. Automobiles of other types converted into passenger cars, special-use vehicles or refrigerated vehicles having their functions or utilities converted 5 years or 3 years before the date of importation, respectively, are not accepted for registration.

14.2. Complete engine or frame units of vehicles with expired lifetime, duty-free vehicles, vehicles temporarily imported for re-export by diplomatic missions, consular offices and repre­sentative offices of international organizations eligible for diplomatic or consular privileges and immunities, are not allowed to be used in replacement of those of other vehicles under law.

15. For the registration of vehicles confiscated into the state budget, vehicle original dossiers are not required but confiscation decisions or decisions on handling of exhibits being confiscated vehicles (original decision issued for each vehicle) are required, clearly indicating features of vehicles, such as brand and type of vehicle, type number, frame number and engine number. If these details are insufficient, vehicles will not be accepted for registration.

16. Invoices

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16.2. For vehicles of enterprises and business establishments, value-added invoices and sale invoices or self-printed invoices are required under law. In case of purchase of liquidated vehicles of administrative and non-business agencies, state asset sale invoices are required. In case of purchase of vehicles being national reserve assets, national reserve sale invoices are required. For vehicles confiscated into the state budget, invoices of sale of confiscated goods (originals or notarized, authenticated or certified copies) are required.

16.3. Organizations and individuals that have contributed motor vehicles as capital to enterprises with documents of these asset contributions being capital contribution certificates or asset handover and receipt minutes, when wishing to withdraw their capital contributions, are not required to have invoices but required to have documents evidencing that these vehicles are assets withdrawn as contributed assets from enterprises, including minutes of withdrawal of capital contributions in assets being motor vehicles and asset handover and receipt minutes. In case documents of assets used for capital contribution include also value-added invoices and capital-contributing companies have declared value-added tax credits, when capital contributions are withdrawn, these enterprises shall make value-added invoices.

Article 22. Grant of control badges for automobiles bearing number plates of special economic-trade zones and international border-gate economic zones under the Government's regulations to operate in the inland

1. Procedures and dossiers

1.1. Identity card or valid passport or another paper of equivalent validity.

1.2. Vehicle registration certificate.

1.3. Declaration of road vehicle temporarily imported for re-export, made according to a form set by die Ministry of Finance and issued by the provincial-level Customs Department.

2. Agencies granting control badges (traffic police divisions of provincial-level Police Departments) shall check and compare vehicles and their papers against lists of vehicles under their management, and record them in monitoring books and grant control badges on the same day.

3. A control badge is valid for not more than 30 days from the date of grant. Badges shall be stuck inside and on the top right corner of the windshield.

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Chapter IV

MANAGEMENT OF DOSSIERS, FORMS, NUMBER PLATES OF VEHICLES AND COMPETENCE TO SIGN PAPERS

Article 23. Forms

Promulgated together with this Circular are forms of notice of sale, donation, giving as gift or transfer of vehicles (Form 01); vehicle registration declaration (Form 02); declaration for ownership transfer or movement (Form 03); paper of grant of vehicle control badge (Form 04); book for monitoring automobiles in special economic-trade zones which are temporarily imported for re-export (Form 05); declaration for revocation of vehicle registration certificate and number plate (Form 06); certificate of revocation of vehicle registration certificate and number plate (Form 07); motorcycle, moped and electrical bicycle registration certificate (Form 08); automobile and electrical automobile registration certificate (Form 09); trailer and semi-trailer registration certificate (Form 10); temporary vehicle registration certificate (Form 11); tractor registration certificate (Form 12); registration certificates of motorcycle, mopeds, automobiles, trailers and semi-trailers for use in special economic-trade zones or international border-gate economic zones under the Government's regulations (Forms 13,14 and 15).

Vehicles of a structure similar to that of a certain type of vehicle may use the vehicle registration certificate form for such type of vehicle.

Article 24. Management of vehicle dossiers

Vehicle registration dossiers shall be managed under the Ministry of Public Security's regulations. Information data of vehicles shall be uniformly managed on the computer system. Every month, vehicle registry offices shall report vehicle registration and management data to the Road and Railway Traffic Police Department for monitoring and management-

Article 25. Validity of vehicle registration certificates

1. For registration certificates of automobiles of diplomatic missions, consular offices, representative offices of international organizations and foreign staff of these agencies and organizations, their validity corresponds to that of diplomatic or official identity cards or letters of introduction of the State Protocol Department.

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Article 26. Determination of years of manufacture of vehicles

For imported vehicles and vehicles manufactured or assembled from imported automobile chassis or complete automobiles, vehicle owners shall produce quality certificates (or notices of exemption from quality inspection) of technical safety and environmental protection of imported motor vehicles granted by the Vietnam Register for determining years of manufacture. For other cases, the year of manufacture shall be determined according to the 10th character of the frame number as required by the current standards. The Road and Railway Traffic Police Department shall coordinate with the Vietnam Register in copying and sending copies of regulations on the current standard to vehicle registry offices for determination of the year of manufacture.

Article 27. Vehicle number plates

1. Material of number plates: Number plates shall be made of metal and coated with illuminative paint and bear confidentiality signs.

Number plates of temporarily registered vehicles shall be printed on paper.

2. Signs and size of letters and digits on registered number plates of vehicles of all kinds comply with Appendices 02, 03 and 04 to this Circular.

3. An automobile has two number plates, one to be fixed in the front and another at the rear of the vehicle in the positions designed for fixing number plates. Number plates are divided into two kinds of the following sizes: long number plates of 110 mm in height and 470 mm in length, and short number plates of 200 mm in height and 280 mm in length.

3.1. Arrangement of letters and numbers on domestic number plates: The first two numerals denote the locality of vehicle registration, followed by the registration series (in letters); the second group is the ordinal number of the registered vehicle, consisting of 5 digits from 000.01 to 999.99.

3.2. Foreign automobile number plates have the first group being the sign of the locality of vehicle registration; the second group being a series denoting the group of owners being foreign organizations and individuals: NG for vehicle owners with the diplomatic status. NN for vehicle owners being foreigners without the diplomatic status, QT for vehicle owners being international organizations and foreign staff with the diplomatic status working for these organiza­tions; the third group denoting the name of the country or international organization; and the fourth group representing the ordinal number of the registered vehicle, consisting of 2 digits from 01 to 99.

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4. A motorcycle has one number plate of 140 mm in height and 190 mm in length to be fixed at the rear. The first group on such a number plate denotes the locality of vehicle registration arid registration series. The second group represents the ordinal number of the registered vehicle, consisting 5 digits, from 000.01 to 999.99. For number plates of motorcycles of foreign organizations and individuals, the first group denotes the locality of vehicle registration, the second group is the sign of the country of the vehicle owner, the third group is the registration series and the fourth group represents the ordinal number of the registered vehicle, consisting 5 digits, from 000.01 to 999.99.

5. A tractor or electrical bicycle has one number plate of 140 mm in height and 190 mm in length to be fixed at the rear. The first group on such a number plate contains the sign of the locality of vehicle registration and the registration series, and the second group represents the ordinal number of the registered vehicle, consisting of 4 digits, from 0001 to 9999.

6. Number plates of vehicles of domestic organizations and individuals

6.1. For vehicles of state power agencies, state management agencies, Party agencies, people's courts, people's procuracies, public security units, socio-political organizations and project management boards with the state management function, their number plates have blue background and white letters and digits. Number plate series have the following 10 letters: A, B, C, D. E, F, G, H, K and L. For vehicles of administrative and non-business units or public non-business units with revenues: Number plates have blue background and while letters and digits, and number plate series have 10 letters of M, N, P, S, T, U, V, X, Y and Z.

6.2. For vehicles of enterprises, management boards of projects of enterprises, social organizations, socio-professional organizations and individuals, their number plates have white background, black letters and digits. Number plate series have 20 letters of A, B, C, D, E, F, G. H, K, L. M, N, P, S, T, U, V, X, Y and Z.

6.3. For vehicles of special economic-trade zones or international border-gate economic zones as defined by the Government, their number plates have yellow background and red letters and digits. Each number plate has the sign of the locality of registration and two letters denoting the acronym of the name of the special economic-trade zone.

6.4. For special-use vehicles used by the people's public security force for security purposes, their number plates have blue background and white letters and digits and the sign "CD"

6.5. Some types of vehicle with separate series signs:

a/ Vehicles of military units engaged in economic activities: "KT";

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c/ Vehicles of management boards of foreign-invested projects: "DA":

d/ Trailers and semi-trailers: "R";

e/ Temporarily registered vehicles: "T";

f/ Tractors "MK";

g/ Electrical bicycles "MD";

h/ Domestically manufactured or assembled motor vehicles, which are permitted by the Prime Minister for pilot operation: "TD";

i/ Automobiles with limited scope of operation: "HC";

j/ Vehicles of a structure similar to that of a certain type of vehicle shall be granted number plates containing the sign for such type of vehicle.

7. Number plates of vehicles of foreign agencies, organization and individuals

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7.2. For vehicles of representative offices of international organizations and their foreign staff members eligible for diplomatic privileges and immunities or consular immunities, their number plates have white background, black digits and red series sign "QT". Particularly, number plates of vehicles of chief representatives of the United Nations' organizations also have a red stripe stretching across the sequence of digits denoting the status of international organizations and registration ordinal number.

7.3. For vehicles of foreign organizations, representative offices and individuals (including also foreign students), their number plates have white background, black letters and digits, and the sign "NN".

8. The production and provision of vehicle number plates shall be conducted at the request of vehicle registry offices. Number plates producers and local police offices that have conditions for investing in number plate production chains, which are inspected and tested up to standards by the General Police Department for Administrative Management of Social Order and Safety under the Ministry of Public Security, may produce number plates. Number plates shall be strictly managed under regulations.

Article 28. Painting of number plates and words on automobile sides and doors

Owners of automobiles of all kinds (except cars of 9 seats or less) shall comply with the following regulations:

1. Having registration numbers painted at the rear and on both sides of their vehicles.

2. Having names of their agencies or units, tonnage and vehicle weight on both doors of their vehicles (except vehicles of individuals).

Article 29. Competence to sign papers

1. The director of the Road and Railway Traffic Police Department shall sign vehicle registration certificates and various kinds of papers related to the registration and management of vehicles subject to registration with the Department.

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3. District-level police chiefs shall sign vehicle registration certificates and various kinds of papers related to the registration and management of vehicles of which registration is carried out directly by their offices.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 30. Effect

This Circular takes effect on December 6, 2010, and replaces the following circulars of the Ministry of Public Security: Circular No. 06/ 2009/TT-BCA-C11 of March 11, 2009, on the grant and revocation of registration certificates and number plates of road motor vehicles; Circular No. 12/2009 AT-BCA-C11 of March 31. 2009, on the grant and revocation of registration certificates and number plates of special-use motorcycles of the People's Public Security Force; and Circular No. 17/2010/TT-BCA of May 31, 2010, providing for number plates, forms for registration and grant of number plates of vehicles, and grant and revocation of registration certificates and number plates and management of motorized four-wheeled cargo trucks which are domestically manufactured or assembled on a pilot basis.

Article 31. Responsibility for implementation

1. The General Director of Police for Administrative Management of Social Order and Safety shall organize, direct and guide the implementation of this Circular.

2. General directors of General Departments, heads of units of the Ministry of Public Security, directors of provincial-level Police Departments, directors of provincial-level fire prevention and fighting, rescue and salvage police departments shall implement this Circular.

3. Any problems arising in the course of implementation should be reported by public security units and local administrations to the Ministry of Public Security (through the General Police Department for Administrative Management of Social Order and Safety) for timely guidance.-

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MINISTER OF PUBLIC SECURITY GENERAL




Le Hong Anh