Are individuals allowed to import motor vehicles for business? In which case are the licenses for motor vehicle import in Vietnam reissued?
Can licenses for motor vehicle import be granted to individuals?
Pursuant to Article 14 of Decree 116/2017/ND-CP of Vietnam on general provisions of motor vehicle import as follows:
- Licenses for motor vehicle import shall only be considered granting to motor vehicle importers.
- Importers shall be entitled to import motor vehicles after fulfilling all requirements and being issued with licenses for motor vehicle import mentioned herein.
- Motor vehicle importers shall comply with regulations on management of imported motor vehicles stated in this Decree and relevant legal documents.
Thus, licenses for motor vehicle import shall not be granted to individuals.
Are individuals allowed to import motor vehicles for business? In which case are the licenses for motor vehicle import in Vietnam reissued?
What are the dossiers and procedures for issuance of the license for motor vehicle import in Vietnam?
Pursuant to Article 16 of Decree 116/2017/ND-CP of Vietnam stipulating the issuance of licenses for motor vehicle import in Vietnam as follows:
- An application for issuance of the license for motor vehicle import consists of:
+ A completed application form provided in the specimen No. 5 of Appendix II attached hereto;
+ A copy of the enterprise registration certificate or equivalent documents;
+ A copy of the documents proving that the importer meets the motor vehicle import requirements stated in Article 15 herein including:
++ A copy of the document proving that the importer’s motor vehicle warranty/maintenance center meets the requirements stated herein.
++ A copy of the physical confirmation or document proving that the motor vehicle importer is eligible to represent a foreign motor vehicle manufacturer/assembler to recall defective motor vehicles imported into Vietnam according to Clause 2 Article 15 herein that has been authenticated by a diplomatic mission of Vietnam in a foreign country.
- Procedures for issuance of the license for motor vehicle import:
+ The motor vehicle importer (applicant) shall submit 1 set of application mentioned in Clause 2 this Article, in person, by post or in any other satisfactory manner, to the Ministry of Industry and Trade;
+ If the application is invalid, the Ministry of Industry and Trade shall make a request for additional documents to the applicant within 7 working days from the day on which the application is received;
+ Within 10 working days from the day on which the valid application is received, the Ministry of Industry and Trade shall consider issuing the license provided in the specimen No. 8 of Appendix II attached hereto to the applicant.
The Ministry of Industry and Trade may notify the specific time for organizing an inspection visit of the requirements stated in Article 15 herein if necessary. Time limit for the inspection visit is 15 working days from the date of notification. Within 5 working days from the day on which the inspection results are given, the Ministry of Industry and Trade shall consider issuing the license to the applicant.
If the application is rejected, the Ministry of Industry and Trade shall provide the applicant with a written explanation.
+ The applicant shall receive the license, in person, by post (if required) or in any other satisfactory manner, from the Ministry of Industry and Trade.
- The Ministry of Industry and Trade shall have the power to issue licenses for motor vehicle import.
In which cases can enterprises be reissued with licenses for motor vehicle import in Vietnam?
According to the provisions of Article 18 of Decree 116/2017/ND-CP of Vietnam on reissuance of licenses for motor vehicle import as follows:
Reissuance of licenses for motor vehicle import in Vietnam
1. In the cases where the license for motor vehicle import is lost or damaged, the applicant shall submit an application including a completed application form provided in the specimen No. 7 of Appendix II attached hereto.
2. Procedures for reissue of the license for motor vehicle import:
a) The applicant shall submit 1 set of application mentioned in Clause 1 this Article, in person, by post or in any other satisfactory manner, to the Ministry of Industry and Trade;
b) If the application is invalid, the Ministry of Industry and Trade shall make a request for additional documents to the applicant within 7 working days from the day on which the application is received;
c) Within 7 working days from the day on which the valid application is received, the Ministry of Industry and Trade shall consider reissuing the license to the applicant. If the application is rejected, the Ministry of Industry and Trade shall provide the applicant with a written explanation.
Thus, enterprises may be reissued with licenses for motor vehicle import in the cases where the license for motor vehicle import is lost or damaged.
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