Vietnam: Is the regulation that each organization or individual may import only one motor vehicle and one motorcycle in the form of gifts within a year annulled?
What are the conformance requirements for the import or temporary import of motor vehicles and motorcycles into Vietnam?
Under Article 3 Circular 143/2015/TT-BTC, the regulations are as follows:
Conformance requirements for import or temporary import of motor vehicles and motorcycles
1. Motor vehicles: Complying with applicable regulations applied to second-hand and brand-new motor vehicles.
2. Motorcycles:
a) Those licenseted for import or temporary import are brand-new ones.
b) Those complying with the national technical regulations on technical quality, safety, and environment protection applied to motor vehicles and motorcycle (QCVN14:2011/BGTVT).
c) Those licenseted for registration and operation in Vietnam (except when they are imported or temporarily imported without registration, or are on display at fair, exhibition, product launch, promotion events, or used for research and experimentation purposes).
3. If Vietnamese organizations or individuals that belong to entities stipulated in Clause 4 Article 2 wish to import motorcycles in a form of gifts or donations, within 01 (one) year, each of them shall only be allowed to import 01 motor vehicle and 01 motorcycle given by overseas organizations or individuals.
Thus, the conformance requirements for the import or temporary import of motor vehicles and motorcycles into Vietnam shall follow the regulations mentioned above.
From September 10, 2022, is the regulation that each organization or individual may import only one motor vehicle and one motorcycle in the form of gifts within a year annulled?
What are the changes to conformance requirements for the import or temporary import of motor vehicles and motorcycles into Vietnam?
Shortly, certain conformance requirements for the import of motor vehicles and motorcycles will change. Specifically, in Clause 1 Article 1 Circular 45/2022/TT-BTC, the regulations are as follows:
Amendments to certain Articles of Circular No. 143/2015/TT-BTC dated September 11, 2015 of the Minister of Finance of Vietnam on procedures for customs clearance; control of motor vehicles and motorcycles of entities granted permission for import or temporary import for non-commercial purposes
1. Amendments to point b Clauses 2 and 3 Article 3:
“Article 3. Conformance requirements for import or temporary import of motor vehicles and motorcycles
2. Motorcycles:
b) Motorcycles must comply with the national technical regulations on technical quality, safety, and environment protection applied to motorcycles (QCVN14:2015/BGTVT).
3. Policies for control of import or temporary import of motor vehicles and motorcycles in a form of gifts, donations, samples or movable property shall comply with regulations of the Government and the Prime Minister”.
Shortly, the national technical regulations for imported or temporarily imported motorcycles will change to QCVN 14:2015/BGTVT.
Additionally, the regulation that each organization or individual may import only one motor vehicle and one motorcycle in the form of gifts within a year is annulled. Instead, the import of motor vehicles and motorcycles in form of gifts will follow the regulations of the Government of Vietnam and the Prime Minister of Vietnam.
What are the required documents for issuing a license for import or temporary import of motor vehicles and motorcycles in Vietnam?
Under Clause 1 Article 4 Circular 143/2015/TT-BTC, the regulations are as follows:
Procedure for grant of the license for import or temporary import of motor vehicles and motorcycles
1. Application for grant of import, temporary import license
a) Written request for import, temporary import of motor vehicles, motorcycles with certification of the governing agency in which the personal background of the applicant (applicable to entities stated in Clause 1, 2 and 3 Article 2 hereof), or of competent persons in agencies or organizations in which information provided in the written request (if entities stated in Clause 4 Article 2 hereof are agencies or organizations), or of the police authority of communes, wards or commune-level towns in which permanent residence address (if entities stipulated in Clause 4 Article 2 hereof are individuals), is verified, which provides clear information about brand name, model, manufacturing year, country, color, frame number, engine number, engine cylinder capacity, operational condition and mileage (applicable to second-hand motorcycles): 01 original copy;
b) Passport (applicable to individuals stipulated in Clause 1, 2 and 3 Article 2 hereof); business registration certificate, office establishment license (applicable Vietnamese or overseas organizations stipulated in Clause 3, 4 Article 2 hereof); family register (applicable to Vietnamese individuals stated in Clause 4 hereof): 01 copy;
c) Bill of lading or other transport documents having the equivalent value: 01 copy;
d) Other documents relating to imported or temporarily imported motor vehicles required if second-hand motor vehicles are imported or temporarily imported, including the written proof of vehicle ownership in their home country, or the certificate of vehicle registration or operation, or the written cancellation of vehicle registration or operation: 01 Vietnamese translation copy certified as the true copy of the original;
dd) Decision or invitation of the state agency (applicable to entities stipulated in Clause 1 Article 2 hereof): 01 copy;
e) Written accreditation of foreign expert granted by the governing agency of projects (applicable to entities stipulated in Clause 2 Article 2 hereof): 01 original;
g) Written confirmation of term of office of experts sent to work abroad, granted by the governing agency (applicable to entities stipulated in Clause 4 Article 2 hereof): 01 original;
h) Written notification or confirmation of or agreement on giving or donation from foreign organizations or individuals: 01 Vietnamese translation certified as true copy of the original (applicable to entities stipulated in Clause 4 Article 2 hereof who receive gifts or donations from foreign organizations or individuals).
Thus, the required documents for issuing a license for import or temporary import of motor vehicles and motorcycles in Vietnam are currently implemented according to the above regulations.
Circular 45/2022/TT-BTC will be effective from September 10, 2022.
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