Circular No. 75/2014/TT-BGTVT regulations on registration for domestic watercraft

• Official number: 75/2014/TT-BGTVT
• Legislation Type: Circular
• Organization: The Ministry of Transportation and Communications
• Signer: Dinh La Thang
• Issued Date: 19/12/2014

THE MINISTRY OF TRANSPORT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 75/2014/TT-BGTVT	Hanoi, December 19, 2014

CIRCULAR

REGULATIONS ON REGISTRATION FOR DOMESTIC WATERCRAFT

Pursuant to the Law on Inland Waterway Navigation;

Pursuant to the Law on Supplements and Amendments made to a number of articles of the Law on Inland Waterway Navigation;

Pursuant to the Government’s Decree No. 107/2012/NĐ-CP dated December 20, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of Director General of Department of Transport and Director General of Vietnam Inland Waterway Administration

The Ministry of Transport promulgates the Circular regulating registration for domestic watercraft.

Chapter I

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Article 1. Scope and regulated entities

1. This Circular regulates procedures for registration for domestic watercraft and organization of registration for domestic watercraft.

2. This Circular applies to organizations, individuals concerning registration for domestic watercraft.

3. Domestic watercraft of organizations, individuals to be put into operation on inland waterways must be registered according to this Circular except rudimentary vehicles with total loads being less than one ton or with carrying capacity being less than five persons.

4. This Circular does not apply to registration for the following vehicles:

a) Vehicles that perform national defense and security tasks;

b) Fishing vessels;

c) Ships, boats intended for sports and entertainments;

Article 2. Interpretation of terms

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1. Fishing vessel means a vehicle that is used for exploitation, development and processing of aquatic products and sea foods.

2. Ships, boats intended for sports and entertainments mean vehicles used only for sport training, competition, and other entertainment activities.

3. Vehicle owner means an organization or individual that owns a vehicle.

4. Modifying technical functions of a vehicle mean modifications made to structure, size, capacity, payload, uses and range of operation of a vehicle.

5. Un-used vehicle means a vehicle that is completely constructed or imported but yet to be put into operation on inland waterways.

Chapter II

REGISTRATION FOR DOMESTIC WATERCRAFT

Article 3. Registration

1. Vehicles that have sufficient documents as regulated shall be registered into the Register of domestic watercraft and issued certificate of domestic watercraft registration by competent vehicle registration agencies as prescribed in Article 8 hereof.

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3. Vehicles shall be registered again in the following cases:

a) Transfer of ownership;

b) Change of names, technical functions;

c) Head office or permanent residence of vehicle owner is changed into other provincial administrative unit;

d) Changing from other registration agencies into domestic watercraft registration agency

4. Certificate of domestic watercraft registration

a) Certificate of domestic watercraft registration shall conform to Form 01 – Appendix I enclosed herewith;

b) Lost or damaged certificates of domestic watercraft registration shall be replaced with new ones in case registration documents meets provisions set out in Article 17 hereof.

Article 4. Registration cancellation

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1. Vehicles are missing.

2. Vehicles are damaged.

3. Vehicles are unrecoverable.

4. Transfer of ownership;

5. Change of vehicle registration agency;

6. At the request of the vehicle owner;

Article 5. Names of vehicles

1. In addition to vehicle registration numbers granted by the vehicle registration agency, vehicles may bear their own names.

2. Name of a vehicle is given by its owner but it should not be the same as the one registered in the Register of domestic watercraft managed by the vehicle registration agency. In case an historical personage or event in Vietnam is used to name a vehicle, the vehicle owner must comply with regulations of the law on culture.

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1. Vehicle registration numbers include two groups, words and numbers

a) Word group: including alphabets as prescribed in Appendix II enclosed herewith.

b) Number group: including 4 digits from 0001 all the way to 9999; any locality having more than 10,000 vehicles shall be permitted to use five-digit numbers after four-digit numbers are used up; Number groups are inscribed behind the alphabets as prescribed in Appendix II enclosed herewith.

2. Size of words and numbers inscribed on vehicles are regulated as follows:

a) Minimum height: 200 mm;

a) Minimum line width: 30 mm;

c) Distance between words and numbers: 30 mm.

3. Color of words and numbers must be distinct from background color.

4. Positions of registration numbers to be inscribed:

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b) In case the vehicle has no cabin, inscription must be made at freeboard on two sides of the bow;

c) In case the vehicle has no cabin and height of freeboard is not spacious enough for inscription of registration numbers as regulated, size of numbers can be reduced and placed at a position of best visibility;

d) In case a vehicle has a carrying capacity of more than 12 persons, in addition to registration numbers, the number of persons permissible must be posted.

Article 7. Register of domestic watercraft

Register of domestic watercraft has the following subject matters:

1. Ordinal numbers, registration numbers;

2. Names of vehicles, date of issuance;

3. Names and address of vehicle owners

4. Grade of vehicles, uses, manufacture year and place;

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6. Design width, maximum width;

7. Height of ship side, draft

8. Freeboard, hull materials;

9. Quantity, design and main engine capacity;

10. Total load, hauling capacity, propelling capacity, permissible number of persons;

11. A 10x15 cm photo of entire right side of the vehicle in state of floating;

Article 8. Vehicle registration agencies

1. Vietnam Inland Waterway Administration and branches of inland waterways in the region shall administer registration of VR-SB type vehicles owned by organizations, individuals.

2. The Services of Transport of central-affiliated cities and provinces shall administer registration for VR-SB type vehicles, vehicles with engines of total capacity under 15 tons, vehicles with total main engine capacity over 15 HP, vehicles with carrying capacity being more than 12 persons owned by organizations, individuals that have head offices or permanent residence in respective cities and provinces.

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4. Commune, ward and town level traffic management agencies:

a) Shall administer registration for vehicles without engines of total capacity from one to 15 tons (or vehicles with carrying capacity from five to 12 persons), vehicles with total main engine capacity being less than 15 HP (or with carrying capacity under five persons) owned by organizations, individuals that have head offices or permanent residence in the administrative division.

b) Shall organize management of rudimentary vehicles with total load being less than one ton (or carrying capacity under five persons) when operating on inland waterways to ensure safety as regulated.

5. Vehicle registration agencies as prescribed in Clause 2 of this Article shall be also permitted to administer registration for vehicles as prescribed in Clauses 3, 4 of this Article; Vehicle registration agencies as prescribed in Clause 3 of this Article shall be also permitted to administer registration for vehicles as prescribed in Clause 4 of this Article.

Article 9. Printing and managing vehicle registration certificates

Vietnam Inland Waterway Administration, the Services of Transport of central-affiliated cities and provinces shall be responsible for printing, managing, using and issuing forms of domestic watercraft registration certificates.

Chapter III

PROCEDURES FOR ISSUANCE OF VEHICLE REGISTRATION CERTIFICATES

Article 10. First registration for vehicles that are not put into operation on inland waterways

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1. Essential papers to be filed at vehicle registration agencies:

a) Registration form for domestic watercraft according to Form 02 as prescribed in Appendix I enclosed herewith;

b) Two 10x15 cm photos of entire right side of the vehicle in the state of floating;

c) Receipt of registration fee (original) for vehicles subject to payment of registration fee;

d) Declarations of safety conditions of domestic watercraft according to Form 03 as prescribed in Appendix I enclosed herewith for vehicles not subject to registration;

2. The following papers must be presented to vehicle registration agencies for inspection:

a) Unexpired certificate of technical and environmental protection safety for vehicles subject to registration;

b) License or declaration of imported vehicles as regulated by the law on imported vehicles;

c) Contract of vehicle purchase and sale or vehicle building contract with respect to vehicles subject to registration;

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dd) Finance lease contract in case the lessor wishes to register the vehicle at registered permanent or temporary residence of the lessee.

3. In case the vehicle owner is a vehicle building, renovation, repair and restoration facility that has an operation license as regulated shall not present papers as prescribed in Point c, Clause 2 of this Article upon registration.

4. Vehicle registration agency shall receive, inspect and handle documents as follows:

a) In case documents are submitted directly, the documents that are found adequate shall be issued a receipt of documents and an appointment for returning results shall be fixed. Otherwise, relevant organizations, individuals shall be instructed to fulfill the documents as regulated.

b) In case documents are submitted by post or by any manner as appropriate, the documents that are found inadequate as regulated must be fulfilled by relevant organizations, individuals within two working days since receipt of the documents as instructed.

c) Within three working days since receipt of adequate documents as regulated, the vehicle registration agency shall issue a vehicle registration certificate to the owner. In case certificate is not issued, a written notice must be issued to the owner.

Article 11. First registration for vehicles in operation on inland waterways

Organizations, individuals that have demands must submit a set of documents direct or by post or other manners as appropriate to vehicle registration agencies as prescribed in Article 8 hereof. The set of documents includes:

1. Essential papers to be filed at vehicle registration agencies:

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b) Two 10x15 cm photos of entire right side of the vehicle in the state of floating;

c) Receipt of registration fee (original) for vehicles subject to payment of registration fee;

d) Declarations of safety conditions of domestic watercraft according to Form 03 as prescribed in Appendix I enclosed herewith for vehicles not subject to registration;

2. The following papers must be presented to vehicle registration agencies for inspection:

a) Unexpired certificate of technical and environmental protection safety for vehicles subject to registration;

dd) Finance lease contract in case the lessor wishes to register the vehicle at the registered permanent or temporary residence of the lessee.

3. As for any vehicle that is in operation before January 01, 2005, provisions set out in Clauses 1 and 2 of this Article must be applied.

4. As for any vehicle that is completely constructed in the country after January 01, 2005, in addition to the provisions set out in Clauses 1 and 2 of this Article, the vehicle owner must present an original of the contract for vehicle purchase and sale, or vehicle building contract with respect to vehicles subject to registration to the vehicle registration agency for inspection except the vehicle owner is a vehicle building, renovation, repair and restoration facility that has an operation license.

5. Vehicle registration agency shall receive, inspect and handle documents as follows:

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b) In case documents are submitted by post or by any manner as appropriate, the documents that are found inadequate as regulated must be fulfilled by relevant organizations, individuals within two working days since receipt of the documents as instructed.

c) Within three working days since receipt of adequate documents as regulated, the vehicle registration agency shall issue a vehicle registration certificate to the owner. In case certificate is not issued, a written notice must be issued to the owner.

Article 12. Re-registration for vehicles changing from other vehicle registration agencies into domestic watercraft registration agency

Organizations, individuals that have demands must submit a set of documents direct or by post or other manners as appropriate to vehicle registration agencies as prescribed in Article 8 hereof. The set of documents includes:

1. Essential papers to be filed at vehicle registration agencies:

a) Registration form for domestic watercraft according to Form 05 as prescribed in Appendix I enclosed herewith;

b) Registration cancellation certificate issued by previous vehicle registration agency (original) with respect to vehicles as watercraft;

b) Two 10x15 cm photos of entire right side of the vehicle in the state of floating;

d) Receipt of registration fee (original) in case of transfer of ownership and for vehicles subject to payment of registration fee;

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2. The following papers must be presented to vehicle registration agencies for inspection:

a) Unexpired certificate of technical and environmental protection safety for vehicles subject to registration;

c) Contract for vehicle purchase and sale, or papers proving the vehicle is offered as a gift, or inherited according to law provisions with respect to vehicles subject to registration;

c) Papers proving legal capacity to operate in Vietnam or head offices in Vietnam with respect to foreign organizations or papers proving residence status in Vietnam with respect to foreign individuals;

d) Finance lease contract in case the lessor wishes to register the vehicle at the registered permanent or temporary residence of the lessee.

3. Vehicle registration agency shall receive, inspect and handle documents as follows:

a) In case documents are submitted directly, the documents that are found adequate shall be issued a receipt of documents and an appointment for returning results shall be fixed. Otherwise, relevant organizations, individuals shall be instructed to fulfill the documents as regulated.

b) In case documents are submitted by post or by any manner as appropriate, the documents that are found inadequate as regulated must be fulfilled by relevant organizations, individuals within two working days since receipt of the documents as instructed.

c) Within three working days since receipt of adequate documents as regulated, the vehicle registration agency shall issue a vehicle registration certificate to the owner. In case certificate is not issued, a written notice must be issued to the owner.

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Organizations, individuals that have demands must submit a set of documents direct or by post or other manners as appropriate to vehicle registration agencies as prescribed in Article 8 hereof. The set of documents includes:

1. Essential papers to be filed at vehicle registration agencies:

a) Request form for re-registration for domestic watercraft according to Form 06 as prescribed in Appendix I enclosed herewith;

b) Two 10x15 cm photos of entire right side of the vehicle in the state of floating;

c) Receipt of registration fee (original) for vehicles subject to payment of registration fee;

Previously issued certificate of domestic watercraft registration;

dd) Declarations of safety conditions of domestic watercraft according to Form 03 as prescribed in Appendix I enclosed herewith for vehicles not subject to registration;

2. Unexpired certificate of technical and environmental protection safety (original) of the vehicle that has changes in technical features must be presented to the vehicle registration agency for inspection with respect to vehicles subject to inspection

3. Re-registration for vehicles that have changes in technical features shall be done in accordance with Clauses 1, 2 of this Article.

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5. Vehicle registration agency shall receive, inspect and handle documents as follows:

a) In case documents are submitted directly, the documents that are found adequate shall be issued a receipt of documents and an appointment for returning results shall be fixed. Otherwise, relevant organizations, individuals shall be instructed to fulfill the documents as regulated.

b) In case documents are submitted by post or by any manner as appropriate, the documents that are found inadequate as regulated must be fulfilled by relevant organizations, individuals within two working days since receipt of the documents as instructed.

c) Within three working days since receipt of adequate documents as regulated, the vehicle registration agency shall issue a vehicle registration certificate to the owner. In case certificate is not issued, a written notice must be issued to the owner.

Article 14. Re-registration for vehicles changing ownership with vehicle registration agency unchanged

Organizations, individuals that have demands must submit a set of documents direct or by post or other manners as appropriate to vehicle registration agencies as prescribed in Article 8 hereof. The set of documents includes:

1. Essential papers to be filed at vehicle registration agencies:

a) Request form for re-registration for domestic watercraft according to Form 07 as prescribed in Appendix I enclosed herewith;

b) Two 10x15 cm photos of entire right side of the vehicle in the state of floating;

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d) Receipt of registration fee (original) for vehicles subject to payment of registration fee;

2. The following papers must be presented to vehicle registration agencies for inspection:

a) Contract for vehicle purchase and sale, or decision on transfer of vehicle issued by competent agencies, or papers proving the vehicle is offered as a gift, or inherited according to law provisions; In case the vehicle owner as a foreign organization or individual re-registers the vehicle, papers proving that it has obtained permission to operate and have head offices in Vietnam, or papers proving it has had residence status in Vietnam;

b) Unexpired certificate of technical and environmental protection safety for vehicles subject to registration;

3. Vehicle registration agency shall receive, inspect and handle documents as follows:

a) In case documents are submitted directly, the documents that are found adequate shall be issued a receipt of documents and an appointment for returning results shall be fixed. Otherwise, relevant organizations, individuals shall be instructed to fulfill the documents as regulated.

b) In case documents are submitted by post or by any manner as appropriate, the documents that are found inadequate as regulated must be fulfilled by relevant organizations, individuals within two working days since receipt of the documents as instructed.

c) Within three working days since receipt of adequate documents as regulated, the vehicle registration agency shall issue a vehicle registration certificate to the owner. In case certificate is not issued, a written notice must be issued.

Article 15. Re-registration for vehicles changing both ownership and vehicle registration agency

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1. Essential papers to be filed at vehicle registration agencies:

a) Request form for re-registration for domestic watercraft according to Form 07 as prescribed in Appendix I enclosed herewith;

b) Two 10x15 cm photos of entire right side of the vehicle in the state of floating;

c) Original documents with seal intact, components of original documents corresponding to individual cases previously issued by the vehicle registration agency;

d) Receipt of registration fee (original) for vehicles subject to payment of registration fee;

2. The following papers must be presented to vehicle registration agencies for inspection:

a) Contract for vehicle purchase and sale, or decision on transfer of ownership issued by competent agencies, or papers proving the vehicle is offered as a gift, or inherited according to law provisions; In case the vehicle owner as a foreign organization or individual re-registers the vehicle, papers proving that it has obtained permission to operate and have head offices in Vietnam, or papers proving it has had residence status in Vietnam;

b) Unexpired certificate of technical and environmental protection safety for vehicles subject to registration;

3. Vehicle registration agency shall receive, inspect and handle documents as follows:

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b) In case documents are submitted by post or by any manner as appropriate, the documents that are found inadequate as regulated must be fulfilled by relevant organizations, individuals within two working days since receipt of the documents as instructed.

c) Within three working days since receipt of adequate documents as regulated, the vehicle registration agency shall issue a vehicle registration certificate to the owner. In case certificate is not issued, a written notice must be issued to the owner.

Article 16. Re-registration for vehicles changing head offices or permanent residence status of vehicle owners

Organizations, individuals that have demands must submit a set of documents direct or by post or other manners as appropriate to vehicle registration agencies as prescribed in Article 8 hereof. The set of documents includes:

1. Essential papers to be filed at vehicle registration agencies:

a) Request form for re-registration for domestic watercraft according to Form 08 as prescribed in Appendix I enclosed herewith;

b) Two 10x15 cm photos of entire right side of the vehicle in the state of floating;

c) Original documents with seal intact, components of original documents corresponding to individual cases previously issued by the vehicle registration agency;

2. Unexpired certificate of technical and environmental protection safety (original) must be presented to the vehicle registration agency for inspection with respect to vehicles subject to inspection.

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a) In case documents are submitted directly, the documents that are found adequate shall be issued a receipt of documents and an appointment for returning results shall be fixed. Otherwise, relevant organizations, individuals shall be instructed to fulfill the documents as regulated.

b) In case documents are submitted by post or by any manner as appropriate, the documents that are found inadequate as regulated must be fulfilled by relevant organizations, individuals within two working days since receipt of the documents as instructed.

c) Within three working days since receipt of adequate documents as regulated, the vehicle registration agency shall issue a vehicle registration certificate to the owner. In case certificate is not issued, a written notice must be issued to the owner.

Article 17. Re-issuance of vehicle registration certificates

Organizations, individuals that have demands must submit a set of documents direct or by post or other manners as appropriate to vehicle registration agencies as prescribed in Article 8 hereof. The set of documents includes:

1. Essential papers to be filed at vehicle registration agencies:

a) Request form for re-issuance of domestic watercraft certificate according to Form 09 as prescribed in Appendix I enclosed herewith;

b) Two 10x15 cm photos of entire right side of the vehicle in the state of floating;

c) Certificate of domestic watercraft registration issued as a replacement for the vehicle registration certificate being damaged.

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3. Vehicle registration agency shall receive, inspect and handle the documents as follows:

a) In case documents are submitted directly, the documents that are found adequate shall be issued a receipt of documents and an appointment for returning results shall be fixed. Otherwise, relevant organizations, individuals shall be instructed to fulfill the documents as regulated.

b) In case documents are submitted by post or by any manner as appropriate, the documents that are found inadequate as regulated must be fulfilled by relevant organizations, individuals within two working days since receipt of the documents as instructed.

c) Within three working days since receipt of adequate documents as regulated, the vehicle registration agency shall issue a vehicle registration certificate to the owner. In case certificate is not issued, a written notice must be issued to the owner.

Article 18. Registration cancellation

1. Organizations, individuals that have demands must submit a set of documents direct or by post or other manners as appropriate to vehicle registration agencies as prescribed in Article 8 hereof. The set of documents includes:

a) Request form for cancellation of domestic watercraft registration according to Form 10 as prescribed in Appendix I enclosed herewith;

b) Original of previously issued certificate of domestic watercraft registration;

2. Papers as prescribed in Clause 1 of this Article shall be filed at the vehicle registration agency with respect to registration cancellation as prescribed in Clauses 1, 2, 3, Article 4 hereof.

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a) In case documents are submitted directly, the documents that are found adequate shall be issued a receipt of documents and an appointment for returning results shall be fixed. Otherwise, relevant organizations, individuals shall be instructed to fulfill the documents as regulated.

b) In case documents are submitted by post or by any manner as appropriate, the documents that are found inadequate as regulated must be fulfilled by relevant organizations, individuals within two working days since receipt of the documents as instructed.

c) Within three working days since receipt of adequate documents as regulated, the vehicle registration agency shall issue a certificate of vehicle registration cancellation to the owner. In case certificate is not issued, a written notice must be issued to the owner.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS, INDIVIDUALS

Article 19. Responsibilities of vehicle owners

1. Carry out procedures for vehicle registration as regulated, inscription of names, registration numbers, safety draft line and permissible number of persons on vehicles;

2. In case of changing vehicle registration agencies, the vehicle owner must do the followings:

a) Re-submit previously issued certificate of domestic watercraft registration to the previous vehicle registration agency;

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3. Carry out declarations with the vehicle registration agency for registration cancellation and re-submit certificate of domestic watercraft registration with respect to the cases as prescribed in Article 4 hereof.

4. To receive the certificate of domestic watercraft registration or certificate of domestic watercraft registration cancellation, the vehicle owner must present appointment note, ID cards, letter of introduction or letter of attorney.

Article 20. Responsibilities of Vietnam Inland Waterway Administration

1. Organize the implementation of this Circular;

2. Administer registration for vehicles as regulated;

3. In case of change of vehicle registration agency, the vehicle registration agency that previously administered the registration shall do the followings:

a) Make a cut at corner of the previously issued certificate of domestic watercraft and put it into sealed document components, and remove name of the vehicle from the domestic watercraft Register;

b) Issue certificate of vehicle registration cancellation according to Form 11 – Appendix I enclosed herewith;

c) Seal vehicle registration documents:

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4. Form domestic watercraft register, file and preserve the vehicle registration documents as regulated;

5. Collect, pay and use vehicle registration fee as regulated;

Article 21. Responsibilities of other vehicle registration agencies

1. Organize the implementation of this Circular within scope of responsibility;

2. Administer registration for vehicles as regulated;

3. Execute provisions set out in Clauses 3, 4, Article 20 hereof;

4. On a monthly basis (20th of the month), vehicle registration agencies at commune level shall report results of vehicle registration to the Services of Transport according to Form 12 as prescribed in Appendix I enclosed herewith;

5. On a monthly basis (25th of the month), the Services of Transport of central-affiliated cities and provinces, Branches of inland waterways shall report results of vehicle registration to Vietnam Inland Waterway Administration according to Form 12 as prescribed in Appendix I enclosed herewith;

6. Directors of the Services of Transport shall be responsible for organizing and inspecting the administering of vehicle registration as prescribed in Clauses 3, 4, 5, Article 8 hereof; heads of agencies, organizations that register vehicles shall be subject to inspection, investigation and professional instruction by the Ministry of Transport and Vietnam Inland Waterway Administration.

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Chapter V

IMPLEMENTATION

Article 22. Effect

This Circular takes effect since February 15, 2015 and replaces the Circular No. 21/2011/TT-BGTVT dated March 31, 2011 of the Minister of Transport promulgating regulations on registration for domestic watercraft.

Article 23. Implementation

Chief of the Ministry Office, Chief Inspector, director generals of Vietnam Inland Waterway Administration, directors of the Services of Transport of central-affiliated cities and provinces, heads of relevant agencies, organizations and individuals shall be responsible for executing this Circular./.

THE MINISTER




Dinh La Thang

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