Thông tư 12/2013/TT-BCA sửa quy định về đăng ký xe

THE MINISTRY OF PUBLIC SECURITY

Circular No.  12/2013/TT-BCA dated March 01, 2013 of the Ministry of Public Security amending and supplementing clause 3, Article 20 of the Circular No. 36/2010/TT-BCA dated October 12, 2010 of the Ministry of Public Security on vehicle registration

Pursuant to the 2008 Law on Road traffic;

Pursuant to the Decree No. 77/2009/ND-CP dated September 15, 2009 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

At the proposal of General Director of Police General Department for Administrative Management of Social Order and Safety;

The Ministry of Public Security promulgates the Circular amending and supplementing clause 3 Article 20 of the Circular No. 36/2010/TT-BCA dated October 12, 2010 providing for vehicle registration,

Article 1. To amend and supplement clause 3 article 20 of the Circular No. 36/2010/TT-BCA dated October 12, 2010 on vehicle registration

To amend and supplement clause 3 article 20 of the Circular No. 36/2010/TT-BCA dated 12/10/2010 on vehicle registration as follows:

“3. Settlement of vehicle registration in case vehicle have been registered and transferred by many persons

From April 15, 2013 to December 31, 2014, the settlements of vehicle registration for vehicle that have been registered and transferred by many persons are implemented as follows:

3.1. Dossier of registration for vehicle ownership transfer

3.1.1. Registration for vehicle ownership transfer in a same province

- If the vehicle user has documents of transfer of person named in certificate of vehicle registration and transfer documents of the last seller, dossier includes:

+ Declaration of vehicle transfer or movement registration (according to the form promulgated together with this Circular) with commitment of vehicle user to take responsibility before law for performing the registration procedures, confirmed on permanent residence of vehicle user by the Public Security Offices of communes, wards and townships  (hereinafter referred to as commune-level Public Security Office) where the vehicle user resides.

+ Documents of vehicle registration fee payment as prescribed.

+ Vehicle transfer documents of the person named in certificate of vehicle registration and transfer documents of the last seller.

+ Certificate of vehicle registration, vehicle number plate (if losing certificate of vehicle registration, or vehicle number plate, it is required to clearly presenting reason in the vehicle registration declaration).

- If the vehicle user has no document of transfer, dossier includes:

+ Declaration of vehicle transfer or movement registration (according to the form promulgated together with this Circular) with commitment of vehicle user to take responsibility before law for vehicle performing the registration procedures, confirmed on permanent residence of vehicle user by the commune-level Public Security Office where the vehicle user resides.

+ Documents of vehicle registration fee payment as prescribed.

+ Certificate of vehicle registration, vehicle number plate (if losing certificate of vehicle registration, or vehicle number plate, it is required to clearly presenting reason in the vehicle registration declaration).

3.1.2. Registration for vehicle ownership transfer or movement from this province to another province

Dossier of vehicle ownership transfer or movement (at the going place) is implemented as follows:

- If the vehicle user has documents of transfer of person named in certificate of vehicle registration and transfer documents of the last seller, dossier includes:

+ Declaration of vehicle transfer or movement registration (according to the form promulgated together with this Circular) with commitment of vehicle user to take responsibility before law for vehicle performing the registration procedures, confirmed on permanent residence of vehicle user by the commune-level Public Security Office where the vehicle user resides.

+ Vehicle transfer documents of the person named in certificate of vehicle registration and transfer documents of the last seller.

+ Certificate of vehicle registration, vehicle number plate (if losing certificate of vehicle registration, or vehicle number plate, it is required to clearly presenting reason in the vehicle registration declaration).

- If the vehicle user has no document of vehicle transfer, dossier includes:

+ Declaration of vehicle transfer or movement registration (according to the form promulgated together with this Circular) with commitment of vehicle user to take responsibility before law for vehicle performing the registration procedures, confirmed on permanent residence of vehicle user by the commune-level Public Security Office where the vehicle user resides.

+ Certificate of vehicle registration, vehicle number plate (if losing certificate of vehicle registration, or vehicle number plate, it is required to clearly presenting reason in the vehicle registration declaration).

Dossier of vehicle registration (at the destination place) includes:

-  Declaration of vehicle transfer or movement registration (according to the form promulgated together with this Circular) with commitment of vehicle user to take responsibility before law for vehicle performing the registration procedures, confirmed on permanent residence of vehicle user by the commune-level Public Security Office where the vehicle user resides.

- Documents of fee registration for payment as prescribed.

- The owner transfer or movement slip, enclosed with original dossier of vehicle.

3.2. Responsibilities of vehicle registering agencies

3.2.1. Case of doing procedures for registering the vehicle ownership transfer in a same province

- If the vehicle user has documents of transfer of person named in certificate of vehicle registration and transfer documents of the last seller:

+ The vehicle-registering agencies shall receive dossier of registering the vehicle ownership transfer, check fully the provided procedures, write an appointment paper for the vehicle user.

+ Within two working days as from fully receiving the valid dossiers, the vehicle-registering agencies must settle to issue number plate, certificate of vehicle registration to the vehicle user.

- If the vehicle user has no document of vehicle transfer:

+ The vehicle-registering agencies shall receive dossier of registering the vehicle ownership transfer, check fully the provided procedures, keep certificate of vehicle registration and vehicle number plate; write an appointment paper for the vehicle user. The appointment paper is signed by leaders of the vehicle-registering agencies, stamped and valid for using vehicle in 30 days to wait for results returned by the vehicle-registering agencies.

+ The vehicle-registering agencies shall send notice to persons named in certificate of vehicle registration and publicly post at their head offices, search in stored record of stolen vehicle and the vehicle registration data.

+ Within 30 days after sending notice and publicly posting, the vehicle-registering agencies shall settle to issue number plate, certificate of vehicle registration to the vehicle user.

3.2.2. Case of doing procedures for registering vehicle ownership transfer or movement from this province to another province

- The vehicle-registering agencies of place doing procedures for vehicle ownership transfer or movement shall receive dossier, check properly with the provided procedures, keep dossier and settle as follows:

+ If dossier of  vehicle ownership transfer or movement has documents of transfer of person named in certificate of vehicle registration and transfer documents of the last seller, they shall settle vehicle ownership transfer or movement in accordance with regulation. Within two working days as from fully receiving the valid dossiers, the vehicle-registering agencies must settle procedures for vehicle ownership transfer or movement to the vehicle user.

+ If dossier of vehicle ownership transfer or movement has no document of transfer as prescribed, they shall write an appointment paper and conduct procedures for vehicle ownership transfer or movement to vehicle user. The appointment paper is signed by leaders of the vehicle-registering agencies, stamped and valid for using vehicle in 30 days to wait for settlement of procedures related to vehicle ownership transfer or movement of the vehicle-registering agencies.  The vehicle-registering agencies shall send notice to persons named in certificate of vehicle registration and publicly post at their head offices, search in stored record of stolen vehicle and the vehicle registration data.  Within 30 days after sending notice and publicly posting, the vehicle-registering agencies shall settle the vehicle ownership transfer or movement as prescribed.

- The vehicle-registering agencies at places where the vehicle user permanently resides shall receive dossier, check fully and properly with the provided procedures, check actual vehicle if the check is conformable with dossier of vehicle ownership transfer or movement, they shall issue vehicle number plate, certificate of vehicle registration to the vehicle user. Within two working days as from fully receiving the valid dossiers, the vehicle-registering agencies must finish issuance of number plate, certificate of vehicle registration to the vehicle user.

3.3. Responsibilities of vehicle user

Vehicle user shall declare in the declaration of vehicle ownership transfer or movement registration and take responsibility before law for vehicle performing the registration procedures (according to the form promulgated together with this Circular) and come the commune-level public security office at place where the user resides to be confirmed about permanent residence address; pay registration fee at tax agencies; file a dossier to the vehicle-registering agencies (in case of vehicle ownership transfer or movement from this province to another province, the user must come the vehicle-registering agencies inscribed in the certificate of vehicle registration to file dossier; after withdrawing the original dossier, the user must come the vehicle-registering agencies at place where the user permanently resides to file dossier of vehicle registration). 

3.4. Responsibilities of the commune-level public security offices

- Receive the declaration of vehicle ownership transfer or movement that is committed to take responsibility before law for vehicle performing the registration procedures by the vehicle user.

- Check, verify address of permanent residence of the vehicle user. After checking, verifying, if it is right, they shall confirm about address of permanent residence of the vehicle user. The settlement time shall not exceed 3 working days.

Article 2. Effect

This Circular takes effect on April 15, 2013.

Article 3. Implementation responsibilities

General Director of Police General Department for Administrative Management of Social Order and Safety shall direct, examine, guide police of units and localities in implementation of this Circular.

General Directors, heads of units affiliated the Ministry of Public Security, Directors of Public Security Departments of provinces and centrally-run cities, Directors of Fire Prevention and Fighting Police Departments shall implement this Circular.

In the course of implementation, any arising problems should be reported by Police of units, localities to the Ministry of Public Security (through the Police General Department for Administrative Management of Social Order and Safety) for timely guidance.

The Minister of Public Security

General Tran Dai Quang