THE MINISTRY OF
TRADE - THE MINISTRY OF TRANSPORTATION - THE MINISTRY OF FINANCE - THE
MINISTRY OF PUBLIC SECURITY
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SOCIALIST REPUBLIC
OF VIET NAM
Independence - Freedom - Happiness
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No.
03/2006/TTLT-BTM-BGTVT-BTC-BCA
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Hanoi, March 31, 2006
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JOINT CIRCULAR
GUIDING
THE IMPORT OF USED MOTOR CARS OF LESS THAN 16 SEATS UNDER THE GOVERNMENT’S
DECREE No. 12/2006/ND-CP of JANUARY 23, 2006
Pursuant to the Government’s
Decree No. 29/2004/ND-CP of January 16, 2004, defining the functions, tasks,
powers and organizational structure of the Ministry of Trade;
Pursuant to the Government’s
Decree No. 34/2003/ND-CP of April 4, 2003, defining the functions, tasks,
powers and organizational structure of the Ministry of Transport;
Pursuant to the Government’s
Decree No. 77/2003/ND-CP of July 1, 2003, defining the functions, tasks, powers
and organizational structure of the Ministry of Finance;
Pursuant to the Government’s
Decree No. 136/2003/ND-CP of November 14, 2003, defining the functions, tasks,
powers and organizational structure of the Ministry of Public Security;
Pursuant to the Government’s
Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of
the Commercial Law regarding international sale and purchase of goods and sale
and purchase agency, processing and transit of goods with foreign parties;
The Ministry of Trade, the
Ministry of Transport, the Ministry of Finance and the Ministry of Public
Security hereby jointly guide the import of used motor cars of less than 16
seats (hereinafter referred to as used cars for short) under Decree No.
12/2006/ND-CP as follows:
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1. Used cars mean cars which
have been used, registered for at least 6 months and have run at least 10,000
(ten thousand) km up to the time they arrive at Vietnam’s ports.
2. To be imported into Vietnam,
used cars must comply with the provisions of the Government’s Decree No.
12/2006/ND-CP of January 23, 2006, this Circular, and the Transport Minister’s
Decision
3. Imported used cars shall be
liable to taxes according to the provisions of the Import Tax and Export Tax
Law, the Special Consumption Tax Law, the Value Added Tax Law and current legal
documents.
II. CONDITIONS FOR IMPORT OF
USED CARS
1. To be imported, used cars
must meet the following conditions: The duration from the manufacturing year to
the time of arrival to Vietnam’s ports shall not exceed 05 years. Specifically,
only cars manufactured in 2001 onwards are allowed to be imported in 2006. The
manufacturing year of a car shall be determined in the following order of
priority:
a) The identification number of
the car;
b) The chassis number of the
car;
c) Technical
documents: catalogue, specifications manual, identification software, the car
label or information from the manufacturer;
d) The manufacturing year
written on the original copy of the vehicle registration certificate or the
notice of cancellation of registration if the car is registered overseas.
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e) In case of doubtful chassis
number or engine number, the quality inspection authority shall request
verification by a police authority, the conclusion of which will be the basis
for completion of quality inspection procedures as regulated.
2. It is prohibited to import
right-hand drive cars, including those which are in knock-down form or with
converted drive before being imported into Vietnam, except for specialized
right-hand drive vehicles operating within confined areas, including crane
trucks, ditch excavators; road sweepers, water sprayers; garbage trucks,
road-construction machines; passenger transfer vehicles used in airports,
forklift trucks used in warehouses and ports; concrete-pumping vehicles, and
vehicles used in golf courses and parks only.
3. Used ambulances must not be
imported.
4. Cars must not be knocked down
when being transported and imported.
5. It is prohibited to import
assorted cars which have their structures or functions modified from their
original designs, including cars whose functions are incompatible with the
identification numbers or frame numbers announced by manufacturers; and cars
whose frame numbers and/or engine numbers are altered in any shape or form.
III. IMPORT AND CIRCULATION
REGISTRATION PROCEDURES
1. For imported used cars, apart
from customs dossiers as required, the importers shall submit to customs
offices 01 original and 01 copy (signed and stamped by enterprises’ directors)
of one of the following papers:
Certificates specified at Points
a, b, and c above
2. Used cars shall be imported
into Vietnam only through the international border-gate seaports of Cai Lan -
Quang Ninh province, Hai Phong, Da Nang and Ho Chi Minh city. Customs
procedures shall be carried out at border gates of importation.
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4. Within 30 days after
receiving registry-application dossiers, the registry office shall notify the
registry results to the importers.
5. Customs offices shall release
goods and fulfill customs procedures only after obtaining registry offices’
quality inspection results, certifying the satisfaction of the prescribed
import conditions. Past 33 days counting from the day of customs inspection of
the actual conditions of goods, if the importers still fail to produce the
quality inspection results or the inspection results show that the import
conditions are not fully met, handling measures shall be applied according to
the provisions of law.
6. Where it is necessary to
prolong the inspection duration for survey as specified at Points e and f,
Section 1, Part II of this Circular, registry offices shall notify customs
offices and the importers thereof in writing.
7. Traffic police agencies shall
inspect dossiers of imported cars before carrying out registration procedures.
If detecting that the import conditions are not fully met, they shall not carry
out registration procedures and notify in writing customs offices thereof for
handling according to regulations.
IV. ORGANIZATION OF
IMPLEMENTATION
1. Ministries shall, according
to their competence, organize the implementation of the provisions of this
Circular, Decree No. 12/2006/ND-CP of January 23, 2006, and relevant legal
provisions. Any difficulties and problems arising in the course of
implementation should be reported to the Ministry of Trade and concerned
ministries for the latter to direct, discuss possible solutions and work
together for making timely amendments.
2. Previous regulations contrary
to the provisions of this Circular are hereby annulled.
3. This Circular takes effect as
from May 1, 2006.
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FOR THE MINISTER
OF TRADE
VICE MINISTER
Phan The Rue
FOR THE MINISTER
OF FINANCE
VICE MINISTER
Truong Chi Trung
FOR THE MINISTER
OF PUBLIC SECURITY
VICE MINISTER
SENIOR LIEUTENANT-GENERAL
Le The Tiem