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THE
MINISTER OF TRANSPORT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
20/2010/TT-BGTVT
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Hanoi,
July 30, 2010
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CIRCULAR
STIPULATING THE GRANT, RENEWAL AND REVOCATION OF
REGISTRATIONS AND NUMBER PLATES OF SPECIAL-USE MACHINERY VEHICLES WHICH MOVE ON
THE ROAD
Pursuant to the November 13,
2008 Law on Road Traffic;
Pursuant to the Government's Decree No. 51/ 2008/ND-CP of April 22, 2008, defining
the functions, tasks, powers and organizational structure of the Ministry of
Transport;
Pursuant to the Government's Resolution No. 25/ND-CP of June 2, 2010, on
simplification of 258 administrative procedures under management of ministries
and sectors;
The Minister of Transport stipulates the grant, renewal and revocation of
registrations and number plates of special-use machinery vehicles which move on
the road as follows:
Chapter 1
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Circular regulates the
grant, renewal and revocation of registrations and number plates of special-use
machinery vehicles which move on the road.
Article 2.
Subjects of application
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2. This Circular docs not apply
to special-use machinery vehicles of the Ministry of National Defense and the
Ministry of Public Security used for national defense and security purposes-
Article 3.
List of special-use machinery vehicles subject to registration
The list of special-use
machinery vehicles moving on the road (below referred to as special-use
machinery vehicles) which are subject to registration is provided in Appendix 1
to this Circular.
Chapter II
GRANT OF FIRST-TIME
REGISTRATIONS FOR SPECIAL-USE MACHINERY VEHICLES
Article 4.
Dossiers for first-time registration of special-use machinery vehicles
1. A dossier for first-time
registration of a special-use machinery vehicle comprises:
a/ A declaration for
registration of the special-use machinery vehicle:
b/ Documents of title of the
special-use machinery vehicle;
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d/ Registration fee receipt.
2. Each dossier shall be filed
in 1 (one) set.
Article 5.
Declarations for registration of special-use machinery vehicles
Declarations (original) for
registration of special-use machinery vehicles shall be made according to a
form provided in Appendix 2 to this Circular (not printed herein).
Article 6.
Documents of title of special-use machinery vehicles
1. A document of title of a
special-use machinery vehicle is any of the following documents:
a/ Purchase and sale decision or
contract (the original) accompanied by an invoice under the Ministry of
Finance's regulations;
b/ Sale or donation deed (the
original or a certified copy), made according to a form provided in Appendix 3
to this Circular (not printed herein);
c/ Inheritance deed (the original
or a notarized copy) as prescribed by law;
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e/ Aid receipt decision (the
original or a certified copy) of a competent authority;
f/ Written record of a public
auction (the original or a certified copy) under law;
g/ Delivery order of the
National Reserve Department. In case a delivery order covers many special-use machinery
vehicles, each vehicle must have a certified copy of the order.
2. In case of purchase and sale
or donation through many hands, registration procedures require only the final
purchase and sale or donation deed.
Article 7.
Documents on origin of special-use machinery vehicles
1. For domestically manufactured
or assembled special-use machinery vehicles, documents on origin are
ex-workshop quality control slips (the original) of manufacturers.
2. For imported special-use
machinery vehicles, documents on origin are import declarations (the original
or a certified copy) made according to a form set by the Ministry of Finance.
3. For converted special-use
machinery vehicles, in addition to documents specified in Clause 1 or 2 of this
Article, there must be also an ex-workshop takeover test record of the licensed
converting establishment. In case of replacement of complete parts of the
vehicle engine or frame. there must be documents on purchase and sale of
replacing complete parts. If replacing complete parts of the vehicle engine or
frame are reused from special-use machinery vehicles for which registrations
have been granted, there must be a declaration for deregistration made
according to a set form provided in Appendix 4 to this Circular (not printed herein)
(all papers mentioned in this Clause must be original ones).
4. For special-use machinery
vehicles of an unlawful origin and already handled by competent authorities, a
handling decision (the original or a certified copy) as prescribed by law is
required.
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Registration fee receipts or
registration fee exemption decisions under the Ministry of Finance's
regulations are required. In case many special-use machinery vehicles share a
registration fee receipt, each vehicle must have a certified copy of this
receipt.
Article 9.
Order of carrying out procedures
1. The owner of a special-use
machinery vehicle shall prepare a registration dossier under Article 4 of this
Circular and file it directly with the provincial-level Transport Department of
the locality in which the owner is headquartered or has registered permanent
residence.
Upon filing the dossier, the
special-use machinery vehicle owner shall produce his/her identity card or
passport for checking. In case the person registering the vehicle is not its
owner, authorized registrant must have a letter of authorization by the owner
with his/her signature's certification by the commune, ward or district
township People's Committee. An organization's representative must have a
letter of introduction of this organization.
2. A provincial-level Transport
Department shall:
a/ Receive and examine
special-use machinery vehicle registration dossiers and guide dossier filers in
completing their dossiers (when necessary).
b/ Issue appointment papers for
checking special-use machinery vehicles and notify in writing registration
results according to a form provided in Appendix 5 of this Circular (not
printed herein).
3. Provincial-level Transport
Departments shall check special-use machinery vehicles:
a/ Checking places are as agreed
upon with vehicle owners and indicated in appointment papers. In case a
special-use machinery vehicle is currently operating (or managed) in another
province or centrally run city, the provincial-level Transport Department that
has received the registration dossier shall suggest the owner contact the
Transport Department in the locality in which the vehicle is operating (or
managed) for checking:
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4. Time limit for granting
registration certificates and number plates
Within 15 working days after
receiving a complete dossier for registration of a special-use machinery
vehicle, the provincial-level Transport Department shall grant a registration
certificate and a number plate to the owner and record them in a management
book made according to a form provided in Appendix 7 of this Circular (not
printed herein). If refusing to grant registration certificate and number
plate, it shall reply in writing clearly stating the reason.
Chapter
III
GRANT OF DEFINITE-TIME
REGISTRATIONS FOR SPECIAL-USE MACHINERY VEHICLES
Article 10.
Eligible subjects
Special-use machinery vehicles
which are temporarily imported and re-exported under foreign-invested programs
or projects or ODA-funded projects in Vietnam must obtain definite-time
registrations before moving on the road.
Article 11.
Dossiers for grant of definite-time registrations for special-use machinery
vehicles
A dossier for the grant of a
definite-time registration for a special-use machinery vehicle shall be filed
in 1 (one) set, comprising:
1. A declaration for
definite-time registration (the original), made according to a set form
provided in Appendix 8 of this Circular (not printed herein).
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3. A document on origin of the special-use
machinery vehicle specified in Clause 1 or 2, Article 7 of this Circular.
4. A registration fee receipt
specified in Article 8 of this Circular.
Article 12.
Validity of definite-time registrations for special-use machinery vehicles
The validity duration of a
definite-time registration for a special-use machinery vehicle is counted from
the date of its grant to the expiration of the investment license or investment
certificate of the foreign-invested project investor in Vietnam.
Article 13.
Order and time limit for granting definite-time registrations for special-use
machinery vehicles
The order and time limit for
granting definite-time registrations for special-use machinery vehicles comply
with Article 9 of this Circular.
Chapter IV
RENEWAL OR RE-GRANT OF
REGISTRATIONS AND NUMBER PLATES AND GRANT OF TEMPORARY REGISTRATIONS
Article 14.
Renewal of registrations and number plates
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2. A dossier for registration
renewal of a special-use machinery vehicle comprises:
a/ A declaration for renewal of
the special-use machinery vehicle's registration and number plate (the
original), made according to a form provided in Appendix 9 to this Circular
(not printed herein):
b/ The granted registration
certificate of the special-use machinery vehicle (the original);
c/ The number plate of the
special-use machinery vehicle (in case it is damaged).
Article 15.
Re-grant of registrations and number plates
1. Owners of special-use machinery
vehicles of which registration certificates or number plates are lost shall
carry out procedures for the re-grant of registration certificates or number
plates at provincial-level Transport Departments that have granted these
registrations and number plates.
2. A dossier for the re-grant of
a special-use machinery vehicle's registration or number plate comprises:
A declaration for the re-grant
of the vehicle's registration or number plate (the original), made according to
a form provided in Appendix 9 to this Circular.
Article 16.
Grant of temporary registrations
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2. A temporary registration
certificate for a special-use machinery vehicle is made according to a form
provided in Appendix 11 to this Circular (not printed herein) and valid for 20
days from the date of grant. Its validity duration may be extended once for
another 20 days.
Article 17.
Order of applying for and granting registrations and lime limit for renewal or
re-grant of registration or grant of temporary registrations
1. Owner of a special-use
machinery vehicle shall prepare 1 (one) dossier set and file it with the
provincial-level Transport Department under Articles 14, 15 and 16 of this
Circular.
When filing the dossier, the
special-use machinery vehicle owner shall produce his/her identity card or
passport for checking. In case the person registering a vehicle is not its
owner, authorized registrant must have a letter of authorization by the owner
with his/her signature certification by the commune, ward or district township
People's Committee. An organization's representative must have a letter of
introduction of this organization.
2. The provincial-level
Transport Department shall:
a/ Receive and examine the
dossier and guide the dossier filer to complete his/her dossier (when
necessary):
b/ Issue a written appointment
for notification of registration results, made according to a form provided in
Appendix 5 to this Circular (not printed herein).
3. Within 3 working days after
receiving a complete dossier, the provincial-level Transport Department shall renew
a registration or grant a temporary registration for the vehicle owner. If
refusing to grant a registration, it shall reply in writing clearly stating the
reason.
4. In case of re-grant of the
registration certificate or number plate for a special-use machinery vehicle:
30 days after receiving a complete dossier prescribed in Clause 2 of Article
15. if the vehicle is dispute-free, the provincial-level Transport Department
shall re-grant the registration certificate or number plate.
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CHANGE OF OWNERS OR
REGISTRATIONS RELOCATION OF SPECIAL-USE MACHINERY VEHICLES
Article 18.
Change of the owner of a special-use machinery vehicle within the same province
or centrally run city
A special-use machinery vehicle
which is purchased, sold, given as a gift, donated or inherited within a
province or centrally run city is subject to owner change registration under
the following provisions:
1. A dossier for owner change
registration comprises:
a/ A declaration for special-use
machinery vehicle registration (the original), made according to a form
provided in Appendix 2 10 this Circular (not printed herein);
b/ Any of the documents
specified at Points a, b and c, Clause 1, Article 6 of this Circular;
c/ Documents specified in
Article 8 of this Circular.
2. A special-use machinery
vehicle owner shall prepare 1 (one) dossier set prescribed in Clause I of this
Article and file it with the provincial-level Transport Department with which
his/her vehicle has been registered
When filing the dossier, the
special-use machinery vehicle owner shall produce his/her identity card or
passport for checking. In case the person registering a vehicle is not its
owner, authorized registrant must have a letter of authorization by the owner
with his/her signature's certification by the commune, ward or district
township People's Committee. An organization's representative must have a
letter of introduction of this organization.
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a/ Receive and examine the
dossier and guide the dossier filer to complete his/her dossier (when
necessary);
b/ Issue a written appointment
for notification of registration results, made according to a form provided in
Appendix 5 to this Circular (not printed herein);
c/ Within 10 working days after
receiving a complete dossier, grant a registration certificate for the
special-use machinery vehicle bearing the new owner's name but keep unchanged
the granted number plate. If refusing to grant an owner change registration, it
shall reply in writing clearly stating the reason.
Article 19.
Change of the owner of a special-use machinery vehicle from a province or city
to another
A special-use machinery vehicle
which is purchased, sold, given as a gift, donated or inherited from a province
or centrally run city to another is subject to procedures for registration
relocation and owner change registration under the following provisions:
1. Procedures for registration
relocation to be carried out at the provincial-level Transport Department with
which the vehicle has been registered
a/ The vehicle owner shall file
1 (one) dossier set for registration relocation, comprising:
- A declaration for vehicle
registration relocation, made according to a form provided in Appendix 12 to
this Circular (not printed herein);
- Any of the documents specified
at Points a. b and c, Clause 1. Article 6 of this Circular.
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- Receive and examine the
dossier and guide the dossier filer to complete his/her dossier (when
necessary);
- Issue a written appointment
for notification of registration results, made according to a form provided in
Appendix 5 to this Circular (not printed herein);
Within 3 working days after
receiving a complete dossier as prescribed, issue a special-use machinery
vehicle registration relocation slip, made according to a form provided in
Appendix 13 to this Circular (not printed herein), recover the number plate and
cut off the top right corner of the special-use machinery vehicle registration
certificate, record the registration relocation in a management book, and
return the dossier of the registered special-use machinery vehicle to the
owner. If refusing to issue a registration relocation slip, it shall reply in
writing clearly stating the reason.
2. Procedures for owner change
registration to be carried out at the provincial-level Transport Department of
the locality to which the vehicle is to be moved
a/ The vehicle owner shall file
1 (one) dossier set for owner change registration, comprising:
- A declaration for vehicle
registration, made according to a form provided in Appendix 2 to this Circular
(not printed herein);
- Any of the documents specified
at Points a. b and c. Clause 1. Article 6 of this Circular;
- The documents specified at
Point 8 of this Circular;
- The vehicle registration
relocation slip (the original) granted under Article 1 of this Article enclosed
with the dossier of the registered vehicle.
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- Receive and examine the
dossier and guide
the dossier filer to complete his/her dossier (when necessary);
- Issue a written appointment
for notification of registration results, made according to a form provided in
Appendix 5 to this Circular (not printed herein);
- Check the vehicle under Clause
3. Article 9 of this Circular;
- Within 15 working days after
receiving a complete dossier, grant a special-use machinery vehicle
registration certificate and a number plate, and record them in a management
book. If refusing to grant a registration certificate and a number plate, it
shall reply in writing clearly stating the reason.
3. When filing the dossier, the
special-use machinery vehicle owner shall produce his/her identity card or
passport for checking. In case the person registering a vehicle is not its
owner, authorized registrant must have a letter of authorization by the owner
with his/her signature's certification by the commune, ward or district
township People's Committee. An organization's representative must have a
letter of introduction of this organization.
Article 20.
Registration relocation of special-use machinery vehicles without owner change
When relocating his/her
headquarters or place of registered permanent residence to another province or
centrally run city, the owner of a special-use machinery vehicle shall carry
out procedures for relocation and re-registration of the vehicle as follows:
1. Procedures for registration
relocation to be carried out at the provincial-level Transport Department with
which the vehicle has been registered comply with Clause 1. Article 19 of this
Circular, but the dossier to be filed is not required to comprise any of the
documents specified at Point a. bore, Clause 1. Article 6 of this Circular.
2. Procedures for registration
to be carried out at the provincial level Transport Department of the locality
to which the vehicle is to be moved comply with Clause 2. Article 19 of this
Circular but the vehicle owner is not required to submit the documents
specified in Article 8 of this Circular and the provincial-level Transport
Department shall not inspect the vehicle under Clause 3. Article 9 of this
Circular.
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REGISTRATION CODES.
CERTIFICATES AND NUMBER PLATES
Article 21.
Registration codes
Registration code of each
province or centrally run city for special-use machinery vehicles shall be
uniformly prescribed according to registration codes for motor vehicles moving
on the road specified in Appendix 14 to this Circular (not printed herein).
Article 22.
Registration certificates
1. The form of registration
certificate for special-use machinery vehicles is provided in Appendix 15 to
this Circular (not printed herein).
2. The form of definite-time
registration certificate for special-use machinery vehicles is provided in
Appendix 16 to this Circular (not printed herein).
Article 23.
Registration number plates
Registration number plates for
special-use machinery vehicles are made according to a form provided in
Appendix 17 to this Circular (not printed herein).
Chapter
VII
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Article 24.
Deregistration
1. Within 60 days after a
special-use machinery vehicle is liquidated, lost, sold or re exported to a
foreign country, its owner shall carry out procedures for deregistration at the
provincial-level Transport Department with which this vehicle has been
registered.
A vehicle owner shall make a
declaration for deregistration of his/her special-use machinery vehicle
according to a form provided in Appendix 4 to this Circular (not printed
herein) and submit it to the provincial-level Transport Department together
with the registration certificate and the number plate (except cases of loss).
The provincial-level Transport
Department shall revoke the registration certificate and the number plate, make
deregistration in the register and give certification in the declaration within
2 days after receiving the declaration.
Article 25.
Revocation of registrations and number plates
1. Granted registration
certificates and number plates of special-use machinery vehicles shall be
revoked upon detection of a violation of this Circular's provisions on the
grant of registrations and number plates.
2. Provincial-level Transport
Departments shall issue decisions to revoke granted registrations and number
plates, notify them to concerned local agencies and report them to the
Directorate for Roads of Vietnam.
Chapter
VIII
SOLUTION OF UNEXPECTED
CIRCUMSTANCES OR PROBLEMS ARISING UPON GRANT OF REGISTRATION
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1. When detecting through an
inspection that the engine and frame of a special-use machinery vehicle hear no
number or bear unreadable numbers, the provincial-level Transport Department
shall re-impress these numbers or impress new ones and record them in an
inspection slip made according to a form provided in Appendix 6 of this
Circular (not printed herein).
2. The impression or
re-impression of engine and frame numbers shall be conducted as follows:
a/ Impression of new engine and
frame numbers by the method specified in Appendix 18 of this Circular if the
registration dossier and physical inspection of the special-use machinery
vehicle show no engine and frame numbers;
b/ Re-impression of engine and
frame numbers which are unreadable according to those indicated in dossiers of
special-use machinery vehicles.
3. In case of detecting signs of
re-impression, tampering or erasure of engine and frame numbers by special-use
machinery vehicle owners, these owners shall show their vehicles up at a
competent authority for inspection under law. In case inspection results show
that engine and frame numbers have been re-impressed, tampered with or erased,
these owners' dossiers shall be returned pending final conclusion of the
competent authority.
Article 27.
Solution of dossier-related problems
1. In case a special-use
machinery vehicle owner has no document on origin specified in Article 7 of
this Circular or has lost the whole relocation dossier:
a/ He/she shall make a written
commitment according to a form provided in Appendix 19 to this Circular (not
printed herein) and publicly notify it in the local mass media, according to a
form provided in Appendix 20 to this Circular (not printed herein), once a day
within 7 days:
b/ Seven days after the last
time of public notification, if there is no dispute, the provincial-level
Transport Department shall carry out procedures for granting a registration to
the owner. In case the dossier is lost due to a natural disaster or fire as
certified by the local administration, public notification is not required.
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a/ He/she shall make a written
commitment according to a form provided in Appendix 19 to this Circular (not
printed herein);
b/ Fifteen days after receiving
a complete dossier, the provincial-level Transport Department shall carry out
procedures for granting a registration to the owner.
3. A special-use machinery
vehicle owner defined in Clause 1 of this Article may not sell or put in a
pledge or mortgage his/her special- use machinery vehicle within 1 year after
the date of grant of a registration certificate for the special-use machinery
vehicle.
Article 28.
Solution of circumstances occurring upon relocation or change of registered
owners
1. For a special-use machinery
vehicle for which registration has been relocated but its owner fails to carry
out registration procedures in the locality to which his/her vehicle has been
relocated before selling it to another person, the provincial-level Transport
Department in the locality of the purchaser shall receive the dossier and carry
out registration procedures under Article 19 of this Circular.
2. After granting a
registration, the provincial- level Transport Department shall send a notice
thereof to the provincial-level Transport Department in the locality from which
the vehicle is relocated for making an adjustment in the registration
management book.
Chapter IX
RESPONSIBILITIES
Article 29.
The Directorate for Roads of Vietnam has the following responsibilities
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2. To manage the issuance of
blank registration certificates and number plates for special-use machinery
vehicles and the distribution of kits for impression of engine and frame
numbers of special-use machinery vehicles.
3. To inspect provincial-level
Transport Departments in implementing this Circular.
Article 30.
Provincial-level Transport Departments have the following responsibilities
1. To organize the grant,
renewal or revocation of registrations and number plates of special-use
machinery vehicles in their localities under this Circular.
2. To manage registration
dossiers:
a/ To archive and manage
registration dossiers, including dossiers for first-time registration or
definite-time registration, renewal or re-grant of registrations or grant of
temporary registrations; owner change or registration relocation;
deregistration or revocation of registrations, number plates and other papers
required for the grant or revocation of registrations and number plates;
b/ Cases of loss or fraudulent
modification of documents in dossiers archived at provincial-level Transport
Departments shall be handled under law;
c/ Books for management of
granted registrations and number plates for special-use machinery vehicles
shall be made according to a form provided in Appendix 7 to this Circular.
3. To collect, remit and use
fees and charges for the grant of registrations for special-use machinery
vehicles under the Ministry of Finance's regulations.
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5. To send reports, made
according to a form provided in Appendix 22 to this Circular (not printed
herein), in January every year on the grant of registrations and number plates
to the Directorate for Roads of Vietnam for summarization and reporting to the
Ministry of Transport.
Chapter X
EFFECT AND ORGANIZATION
OF IMPLEMENTATION
Article 31.
Effect
1. This Circular takes effect 45
days from the date of its signing and replaces the Ministry of Transport's
Circular No. 24/2009/TT-BGTVT of October 15, 2009. providing the grant, renewal
and revocation of registrations and number plates of special-use machinery
vehicles which move on the road.
2. Special-use machinery
vehicles for which registration certificates and number plates have been
granted or are granted before the effective date of this Circular may continue
to move on the road.
Article 32.
Organization of implementation
The Chief of the Office, the
chief inspector, the directors of the Departments and the general director of
the Directorate for Roads of Vietnam of the Ministry of Transport, directors of
provincial-level Transport Departments, heads of concerned agencies, and
concerned organizations and individuals shall implement this Circular.
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MINISTER
OF TRANSPORT
Ho Nghia Dung
APPENDIX 1
LIST OF SPECIAL-USE MACHINERY VEHICLES WHICH MOVE
ON THE ROAD AND ARE SUBJECT TO REGISTRATION
(To the Ministry of Transport's Circular No. 20/2010/TT-BGTVT of July 30,
2010)
1. Construction machinery
vehicles
1.1. Earth-working machines:
a/ Digging machines:
- Rubber-tired digging machines.
- Caterpillar digging machines.
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b/ Bulldozers:
- Rubber tired bulldozers,
- Caterpillar bulldozers.
- Half-track bulldozers;
- c/ Scrapers;
d/ Graders; e/ Rollers:
- Rubber-tired rollers,
- Steel-wheeled rollers,
- Tandem rollers.
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a/ Material spreaders;
b/ Gravel road surface-working
machines:
c/ Cement concrete road
surface-working machines:
d/ Asphalt concrete mixers;
e/ Tarring machines;
f/ Road surface-cleansing
machines;
g/ Road-maintaining machines.
1.3. Work foundation construction
machines:
a/ Pile-driving machines;
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1.4. Pipe-laying machines of all
kinds.
1.5. Stone-crushing and
-screening machines of all kinds.
1.6. Other self-propelled
construction machines.
2. Loading/unloading
machinery vehicles
2.1. Excavators:
a/ Rubber-tired excavators;
b/ Caterpillar excavators;
c/ Half-track excavators;
d/ Bulldozing excavators.
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2.3. Cranes:
a/ Rubber-tired cranes (except
chassis truck cranes):
b/ Caterpillar cranes.
2.4. Other special-use
loading/unloading machinery vehicles.
3. Special-use tractors for
agriculture and forestry
3.1. Rubber-tired special-used
tractors.
3.2. Caterpillar special-use
tractors.-