Thông tư 22/2019/TT-BGTVT về đăng ký xe máy chuyên dùng

CIRCULAR

Providing regulations on registration of special-use vehicles

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Upon the proposal of the Director of the Science-Technology Department and Director General of the Directorate for Roads of Vietnam;

The Minister of Transport hereby promulgates the Circular providing regulations on registration of special-use vehicles.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the issuance, renewal and revocation of Registration certificates and license plates of special-use vehicles.

Article 2. Subjects of application

1. This Circular applies to agencies, organizations and individuals involved in issuance, renewal and revocation of Registration certificates and license plates of special-use vehicles in the list specified inprovided in Appendix 1 to this Circular.

2. This Circular does not apply to issuance, renewal and revocation of Registration certificates and license plates of special-use vehicles used by military and police forces for national defense and security purposes.

Article 3. Papers determining the ownership of special-use vehicles

Papers determining the ownership of special-use vehicle may be one of the following:

1. Purchase and sale contract, gift or inheritance document in accordance with the law;

2. Sales invoice made under regulations of the Ministry of Finance;

3. Written document on approval of vehicle liquidation made by competent authorities in accordance with the law;

4. The document of the financial lessor consenting to the lessee of a special-use vehicle to register the ownership rights in accordance with the law;

5. Decision to receive aids from competent agencies in accordance with the law;

6. Decision to dispatch and sell national reserve goods by competent agencies in accordance with the law.

Article 4. Documents determining the origin of special-use vehicles

Documents determining the origin of special-use vehicle may be one of the following:

1. Factory quality inspection note applicable to domestically manufactured and assembled special-use vehicles, made according to the Minister of Transport’s regulations.

2. Technical safety quality and environmental protection certificate for imported special-use vehicles or notice of exemption from technical safety and environmental protection inspection of imported special-use vehicles issued under the Minister of Transport’s regulations applicable to imported special-use vehicles.

3. Certificate of quality for refurbished vehicles according to the Minister of Transport’s regulations applicable to refurbished special-use vehicles, and the document specified in Clause 1 or Clause 2 of this Article.   In case of replacement of engine fittings and vehicle body frame, written documents evidencing the sales and purchase of engine fittings or vehicle body frames are required according to regulations. If any substitute engine fitting or vehicle body frame is part of other registered special-use vehicles, declaration form for revocation of vehicle registration or license plate, made according to the form No. 1 provided in Appendix 2 to this Circular, is required.  

4. For special-use vehicles confiscated into state fund:

a) Confiscation decision issued by competent authorities in accordance with law;

b) Invoice of sales of property confiscated into the state fund issued by the Ministry of Finance (in case the property is disposed of in the liquidation form); written record of handover and receipt of property (in case of disposing of property in the transfer form) in accordance with the law.

5. For special-use vehicles subject to the decision on disposal of evidence objects.

a) Decision on disposal of evidence objects issued by the investigation agency, People's Procuracy or People's Court in accordance with the law;

b) Cash receipt note or handover report made in accordance with the law (applicable to the victim).

Chapter II

GRANT OF SPECIAL-USE VEHICLE REGISTRATION CERTIFICATE

Article 5. Dossiers for registration of special-use vehicles

1. A dossier for registration of special-use vehicles for the first time must comprise: 

a) Special-use vehicle registration, made according to the form No. 2 provided Appendix 2 to this Circular;

b) Original copy of papers determining the ownership of special-use vehicle in accordance with Article 3 of this Circular, except for the cases specified in Clause 3 Article 19 of this Circular;

c) Original copy of document determining the origin of special-use vehicle in accordance with Article 4 of this Circular, except for the cases specified in Clause 3 Article 19 of this Circular.

2. Temporarily imported or re-exported special-use vehicles specified in foreign investment programs or projects in Vietnam or ODA-funded projects in Vietnam must obtain registration valid for a definite term. Registration dossier must comprise:

a) Definite-term special-use vehicle registration form made according to the form No. 3 provided Appendix 2 to this Circular;

b) Investment license or investment registration certificate (the copy, and presenting original for comparison or the certified copy is required);

c) Original copy of paper determining the ownership of special-use vehicle in accordance with Article 3 of this Circular, except for the cases specified in Clause 3 Article 19 of this Circular;

d) Original copy of documents determining the origin of special-use vehicle in accordance with Article 4 of this Circular, except for the cases specified in Clause 3 Article 19 of this Circular.

3. Special-use vehicles, that have not yet been registered, when running on the road, must be temporarily registered.   The registration dossier must comprise:

a) Application form for grant of the Certificate of temporary registration of special-use vehicle made according to the form No. 4 provided in Appendix 2 to this Circular;

b) Papers determining the ownership of special-use vehicles in accordance with Article 3 of this Circular (the copy, and presenting original for comparison or the certified copy is required);

c) Document determining the origin of special-use vehicles in accordance with Article 4 of this Circular (the copy, and presenting original for comparison or the certified copy is required);

Article 6. Procedures for grant of initial registration certificates and definite-term registration certificates

1. Special-use vehicle’s owner shall compile 01 (one) set of dossiers as specified in Clauses 1 and 2 Article 5 of this Circular, and directly submit it to the Provincial-level Department of Transport at the place where the owner’s head office or permanent residence is located. 

2. Provincial-level Department of Transport shall receive and check information included in the dossier and notify the owner within 01 working day of receipt of the dossier.

a) If the registration dossier is incomplete according to regulations, the Provincial-level Department of Transport shall be responsible for instructing the owner to supplement or complete the dossier;

b) If the registration dossier is complete according to regulations, the Provincial-level Department of Transport shall give the owner the appointment note made according to the form No.5 provided in Appendix 2 to this Circular. The period of inspection of special-use vehicle must exceed 05 days from the date of preparation of appointment note.

For cases where special-use motorbikes are operating or gathered outside the locality to grant registration, the Provincial-level Department of Transport shall receive the dossier and request in writing the Provincial-level Department of Transport where the special-use motorbikes are operating, or gather to inspect special-use vehicles, the inspection period shall not exceed 05 days from the date of receipt of the written request.

3. Provincial-level Department of Transport shall carry out the inspection of the special-use vehicle at the date and venue specified in the appointment note, the inspection must be recorded in minutes according to the form No. 6 provided in Appendix 2 to this Circular.

4. Within 03 working days from completion of the inspection or of receipt of the inspection result with respect to special-use vehicle being used or gathers outside of the locality where registration is issued, if all items listed in the inspection minutes meet specific requirements, Provincial-level Department of Transport shall grant the registration certificate and license plate to the owner and record relevant information into the special-use vehicle register. In case the inspection result is not satisfactory, the owner shall be notified with clear reasons.

5. Validity period of the definite-term registration certificate of special-use vehicle specified in Clause 2 Article 5 of this Circular starts on the date of grant of registration and ends on the date of expiry of the Investment Certificate or Investment Registration Certificate. 

Article 7. Procedures for granting temporary registration certificate

1. Special-use vehicle’s owner shall compile 01 (one) set of dossiers as specified in Clause 3 Article 5 of this Circular and directly submit it to the Provincial-level Department of Transport at the nearest place. 

2. The Provincial-level Department of Transport shall receive and check information included in the dossier and notify the owner within 01 working day of receiving the dossier.

a) If the registered dossier is incomplete according to regulations, the Provincial-level Department of Transport shall be responsible for instructing the owner to provide additional or complete the dossier;

b) If the registered dossier is complete according to regulations, within 03 working days of receipt of valid and complete dossier, the Provincial-level Department of Transport shall issue the temporary registration certificate and record information about the registered special-use vehicle into its register. In case of refusal to issue registration, a written response clearly stating reasons is required.

3. Temporary registration certificate is valid within 20 days from the issue date.

Chapter III

RENEWAL OR REISSUANCE OF SPECIAL-USE VEHICLE REGISTRATION CERTIFICATE AND LICENSE PLATE

Article 8. Dossiers for renewal or reissuance of special-use vehicle registration certificate and license plate

1. Dossiers for renewal of the registration certificate and license plate

The owner of the special-use vehicle which is refurbished or repainted; has change in information related to the owner (without changing the owner); or of which the registration certificate or license plate is damaged, must carry out procedures for renewal of registration certificate and license plate.  The dossier for renewal must comprise:

a) Registration form for renewal of Certificate of special-use vehicle registration and license plate according to the form No. 8 provided in Appendix 2 to this Circular;

b) Original copy of special-use vehicle registration certificate;

c) Original copy of certificate of quality of refurbished special-use vehicle according to the Ministry of Transport’s regulations applicable to the refurbished special-use vehicle;

d) Decision or written document on change issued by competent authorities in cases where the owner changes relevant information (a copy and presenting the original for comparison or the certified copy is required).

2. Dossiers for reissuance of the registration certificate and license plate

The special-use vehicle’s owner who loses the registration certificate or license plate must carry out procedures for reissuance of the registration certificate or license plate.  A dossier for re-issuance must comprise:

a) Registration form for reissuance of Certificate of special-use vehicle registration and license plate made according to the form No. 8 provided in Appendix 2 to this Circular;

b) Written notice publicly made known on local mass media according to the form No. 17 provided in Appendix 2 to this Circular in case of loss of the registration certificate.

Article 9. Procedures for implementation 

1. Special-use vehicle’s owner shall compile 01 (one) set of dossiers as specified in Article 8 of this Circular and directly submit it to the Provincial-level Department of Transport where the special-use vehicle is registered. 

2. Provincial-level Department of Transport shall receive and check information included in the dossier and notify the owner within 01 working day of receipt of the dossier.

a) If the dossier is incomplete according to regulations, the Provincial-level Department of Transport shall be responsible for instructing the owner to provide additional or complete the dossier;

b) If the dossier is complete according to regulations, within the maximum period of 03 working days, the Provincial-level Department of Transport shall grant the renewed registration certificate to the owner, revoke the previous registration certificate and chop it off at the top right corner; within 15 working days, the Provincial-level Department of Transport shall decide to grant the new license plate which is the same as the previous one and revoke the damaged one.  The registration of the refurbished special-use vehicle shall comply with Point b Clause 2, Clauses 3 and 4 Article 6 of this Circular. In case of refusal, a written response clearly stating reasons is required.

c) In case of loss of registration certificate, within 02 working days of receipt of the dossier, the Provincial-level Department of Transport shall post information about such loss on its website for a period of 15 days.  After such period, if there is none of feedback regarding any dispute of the special-use vehicle that needs its registration to be regranted, within the maximum duration of 3 working days, the Provincial-level Department of Transport shall regrant the registration certificate of special-use vehicle to the owner.

Chapter IV

SPECIAL-USE VEHICLE OWNERSHIP TRANSFER AND REFERRAL

Article 10. Ownership transfer occurring in the same city or province

Special-use vehicle sold, purchased, gifted or inherited in the same centrally-run city or province shall be subject to registration procedures for ownership transfer, including:  

1. A dossier for ownership transfer must comprise:

a) Special-use vehicle registration form made according to the form No. 2 provided Appendix 2 to this Circular;

b) Original copy of the paper determining the ownership of special-use vehicle in accordance with Article 3 of this Circular, except for the cases specified in Clause 3 Article 19 of this Circular;

c) Available registration certificate of special-use vehicle (a copy and presenting original for comparison or the certified copy is required).

2. Procedures for implementation:

a) Special-use vehicle’s owner shall compile 01 (one) set of dossiers as specified in Article 1 of this Circular and directly submit it to the Provincial-level Department of Transport granting registration;

b) Provincial-level Department of Transport shall receive and check information included in the dossier and notify the owner within 01 working day of receipt of the dossier.

If the dossier is incomplete according to regulations, the Provincial-level Department of Transport shall be responsible for instructing the owner to provide additional or further improved dossier;

In case where the dossier is complete according to regulations, the Provincial-level Department of Transport must carry out procedures specified at Point b Clause 2, Clause 3 Article 6 of this Circular;

Within 03 working days of completion of the inspection, if the inspection result is satisfactory, the Provincial-level Department of Transport shall issue the registration certificate of special-use vehicle bearing the new owner’s name, keep the previous license plate and chop the previous owner’s registration certificate of at the top right corner and record information about such certificate into the register of special-use vehicles. In case of refusal, a written response clearly stating reasons is required.

Article 11. Referral of special-use vehicle registered in the different centrally-run city or province

Special-use vehicles sold, purchased, gifted or inherited in the different centrally-run city or province must go through the registration procedures for referral or ownership transfer in accordance with Articles 12 and 13 of this Circular.   In case of referring special-use vehicle from another centrally-run city or province but keeping the owner unchanged, regulations of Point b Clause 1 Article 12 of this Circular shall not be applied.

Article 12. Procedures for referral of the registered special-use vehicle

1. A dossier for referral must comprise:

a) Special-use vehicle referral registration form made according to the form No. 9 provided in Appendix 2 to this Circular;

b) Original copy of the paper determining the ownership of special-use vehicle in accordance with Article 3 of this Circular, except for the cases specified in Clause 3 Article 19 of this Circular;

c) Available registration certificate of special-use vehicle (a copy and presenting original for comparison or certified copy is required).

2. Procedures for implementation:

a) Special-use vehicle’s owner shall compile 01 (one) set of dossiers as specified in Article 1 of this Circular and directly submit it to the Provincial-level Department of Transport granting registration;

b) Provincial-level Department of Transport shall receive and check information included in the dossier and notify the owner within 01 working day of receipt of the dossier.

If the dossier is incomplete according to regulations, the Provincial-level Department of Transport shall be responsible for instructing the owner to provide additional or further improved dossier;

If the dossier is complete according to regulations, within 03 working days, the Provincial-level Department of Transport must refer the registration of the special-use vehicle according to the form No. 10 provided in Appendix 2 to this Circular, revoke the license plate, chop the Registration certificate off at the top right corner, record relevant information into the register and return the registration documentation to the owner. In case of refusal, a written response clearly stating reasons is required.

Article 13. Procedures for registration of special-use vehicle referred from other centrally-run city or province

1. The registration dossier must comprise:

a) Special-use vehicle registration form made according to the form No. 2 provided in Appendix 2 to this Circular;

b) Original copy of the form of referral of registration of special-use vehicle already granted under Clause 2 Article 12 of this Circular and registered special-use vehicle dossier.

2. Procedures for implementation:

a) Special-use vehicle’s owner shall compile 01 (one) set of dossiers as specified in Clause 1 this Article and directly submit it to the Provincial-level Department of Transport at the receiving place;

b) The Provincial-level Department of Transport shall receive and check information included in the dossier and notify the owner within 01 working day of receipt of the dossier.

If the dossier is incomplete according to regulations, the Provincial-level Department of Transport shall be responsible for instructing the owner to provide additional or further improved dossier;

In case where the dossier is complete according to regulations, the Provincial-level Department of Transport and the owner of special-use vehicle shall carry out procedures specified at Point b Clause 2, Clause 3 and Clause 4 Article 6 of this Circular.  In case of refusal, a written response clearly stating reasons is required.

Chapter V

REVOCATION OF THE REGISTRATION CERTIFICATE AND LICENSE PLATE

Article 14. Dossiers of revocation of the registration certificates and license plates

1. Registration certificate and license plate shall be revoked in the following cases:

a) Special-use vehicle is damaged to the extent of being no longer in use;

b) Special-use vehicle is lost without being found;

c) Special-use vehicle is sold or re-exported abroad;

d) Competent agency has detected any violation against regulations on issuance of registration and license plate to the extent that they must take required steps in revoking the registration certificate and license plate.

2. A dossier for revocation must comprise:

a) Registration form for revocation of Certificate of special-use vehicle registration and plate number made according to the form No. 1 provided in Appendix 2 to this Circular;

b) Original copy of the registration certificate of special-use vehicle and license plate (unless they are lost).

Article 15. Procedures for implementation

1. Special-use vehicle’s owner shall compile 01 (one) set of dossiers as specified in Clause 2 Article 14 of this Circular and directly submit it to the Provincial-level Department of Transport granting registration.

2. The Provincial-level Department of Transport shall receive the dossier, revoke the registration certificate or license plate, record relevant information in the register of special-use vehicles and return the registration dossier to the owner within the maximum duration of 02 working days of receipt of the dossier.

3. In case where the competent entity detects any violation against regulations on grant of registration and license plate under the provisions of point d of clause 1 of this Article, the Provincial-level Department of Transport shall issue a decision to revoke the registration certificate or license plate and make it known to the public on the Provincial-level Department of Transport’s website.

Chapter VI

REGISTRATION CODE, CERTIFICATE AND LICENSE PLATE

Article 16. Registration code

Registration codes of special-use vehicles assigned by specific provinces or centrally-run cities must be consistent with those assigned to road vehicles as specified in Appendix 3 to this Circular.

Article 17. Sample registration certificate and license plate

1. Certificate of special-use vehicle registration must be made according to the form No. 11 provided in Appendix 2 to this Circular.

2. Fixed-term certificate of special-use vehicle registration must be made according to the form No. 12 provided in Appendix 2 to this Circular.

3. Temporary certificate of special-use vehicle registration must be made according to the form No. 13 provided in Appendix 2 to this Circular.

4. Register of special-use vehicles must be made according to the form No. 7 provided in Appendix 2 to this Circular.

5. License plate of special-use vehicle must be made according to the form No. 14 provided in Appendix 2 to this Circular.

Chapter VII

HANDLING OF ISSUES ARISING FROM REGISTRATION

Article 18. Designation and redesignation of engine and chassis number

1. Cases of designation and redesignation of engine and chassis number:

a) Designation of new numbers are required when none of engine or chassis number is available on the dossier and physical inspection according to the method specified in Appendix 4 to this Circular;

b) Redesignation of engine or chassis number is required to ensure the same engine or chassis number as the existing one if the existing one is blurred.

2. The Provincial-level Department of Transport shall decide on designating or redesignating engine or chassis number in the cases specified in Clause 1 of this Article and shall record their decision into the minutes of inspection of special-use vehicle made according to the form No. 6 provided in Appendix 2 to this Circular. In case where the Provincial-level Department of Transport is requested to enter into cooperation in inspection, chassis or engine number shall be designated or redesignated to be the same as those assigned by the Provincial-level Department of Transport implementing procedures for grant of registration.

3. In case of self-designation or erasure or correction of engine or chassis number, the Provincial-level Department of Transport shall have the right not to grant registration.

Article 19. Handling of difficulties or arising issues

1. In case the owner of special-use vehicle loses registration dossier

a) The owner shall make the registration form of special-use vehicle according to the form No. 2 provided in Appendix 2 of this Circular together with copies of lost documents certified by issuing agencies and public notice issued under Point b Clause 2 Article 8 of this Circular and directly submit them to the Provincial-level Department of Transport at the place where the owner’s head office or permanent residence is located.

b) Within 02 working days of receipt of the complete dossier according to regulations, the Provincial-level Department of Transport must publish and maintain information on its website for a period of 15 days.  After such period, if there is none of feedback concerning any dispute arising from the special-use vehicle that needs to obtain registration, the Provincial-level Department of Transport shall carry out procedures specified at Point b Clauses 2, 3 and 4 Article 6 of this Circular.

2. Referral and transfer of ownership of special-use vehicle

a) If a special-use vehicle, of which registration is referred and whose owner has not yet completed registration at the arrival place, is resold to another owner, the Provincial-level Department of Transport on the buyer's side shall receive the dossier and shall carry out procedures for grant of registration in accordance with Article 13 of this Circular;  

b) After granting registration, the Provincial-level Department of Transport granting registration shall send a written notification to the arrival Provincial-level Department of Transport to adjust information contained in the register of special-use vehicles.

3. If multiple special-use vehicles are declared in the same document with respect to those documents specified in Article 3, Clause 4 and Clause 5 Article 4 of this Circular, the applicant must submit an original or duplicate copy of each vehicle at the Provincial-level Department of Transport granting registration (except for the case of temporary registration specified in Clause 3 Article 5 of this Circular). The Provincial-level Department of Transport granting registration shall be responsible to give applicants written confirmation about retention of original copies.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 20. The Directorate for Roads of Vietnam shall

1. Administer the issuance, renewal and revocation of Certificate of special-use vehicle registration or license plate across the nation.

2. Manage the issuance of the blank certificate of special-use vehicle registration and license plate and the engine or chassis numbering toolkit for uniform use throughout the nation.

3. Inspect Provincial-level Departments of Transport to ensure they comply with this Circular.

Article 21. Provincial-level Departments of Transport shall

1. Organize the implementation of issuance, renewal and revocation of Registration certificates and license plates of special-use vehicles in compliance with this Circular within localities.

2. Manage registration dossiers

Store and manage initial registration dossiers, grant fixed-term, temporary registration, renewal, reissuance and revocation of Registration certificates or license plates; dossiers on transfer of ownership or referral of registration or license plates and other documents related to the grant, renewal or revocation of registration certificates or license plates;

3. Collect, pay and use fees and charges for grant of registration of special-use vehicles according to the Ministry of Finance’s regulations.

4. Report to the Directorate for Roads of Vietnam on demands for blank Certificates of special-use vehicle registration and license plates according to the form No. 15 provided in Appendix 2 to this Circular.

5. Carry out the inspection of special-use vehicles upon the request for cooperation of Provincial-level Departments of Transport.

6. Before January 15 each year, report the grant of registration or license plates according to the form No. 16 provided in Appendix 2 of this Circular to Directorate for Roads of Vietnam.

Article 22. Special-use vehicle owners shall

1. Strictly comply with laws on registration of special-use vehicles.

2. When registering directly with agencies granting registration, the owners of special-use vehicles must show valid citizen identity cars or people identity cards or passports for checking; in case the applicant for registration is not the owner inscribed on the existing registration certificate, he/she must show written authorization as provided in law; the representative of the institutional applicant must show the introduction letter.

Chapter IX

EFFECT AND IMPLEMENTATION RESPONSIBILITIES

Article 23. Effect

1. This Circular takes effect from August 1, 2019.

2. This Circular replaces the Minister of Transport’s Circular No. 20/2010/TT-BGTVT dated July 30, 2010, stipulating the grant, renewal and revocation of registrations and number plates of special-use machinery vehicles which move on the road, and the Minister of Transport’s Circular No. 59/2011/TT-BGTVT dated December 5, 2011, amending a number of articles of the Minister of Transport’s Circular No. 20/2010/TT-BGTVT dated July 30, 2010, stipulating the grant, renewal and revocation of registrations and number plates of special-use machinery vehicles which move on the road.

Article 24. Implementation responsibility

The Chief of the Ministry’s Office, the Ministry’s Chief Inspector, Directors of Departments, Director of Directorate for Roads of Vietnam, Directors of Provincial-level Departments of Transport and heads of relevant agencies, organizations and individuals shall implement this Circular./.

* All Appendices are not translated herein.