Circular No. 15/2014/TT-BCA of the Ministry of Public Security of Vietnam on vehicle registration was issued on April 04, 2014 and officially effective from June 01, 2014.
Article table of contents
According to Article 25 of Circular No. 15/2014/TT-BCA of the Ministry of Public Security of Vietnam, solutions to dealing with specific cases during the registration and issuance of license plate are as follows:
1. Vehicles subject to being sold at auction, decided by competent authorities
As for vehicles that are subject to the property settlement but still able to show their legal original documentation and a written proof of legitimate vehicle ownership, they shall be registered. In the event of vehicles that are subject to the property settlement and also fail to define their own origin as well as offer a written proof of legitimate vehicle ownership, their registration shall not be accepted and their legal owners shall be advised to seek solutions at the place where the decision on an auction sale has been made.
* As for vehicles subject to the decision of the Judicial Execution authority on an auction sale to ensure the fulfillment of judicial obligations, the application for vehicle registration must abide by the regulations in Article 7 of this Circular and include the followings:
- A certificate of vehicle registration (applied to registered vehicles). In the event that the vehicle registration is not revoked, the written verification from the Judicial Execution authority must be included.
- A duplicate of the Court’s decision or a proper extract of the judgment.
- A written decision on executing a judgment from the competent authority of Civil Execution.
- A receipt of monetary payment or a written proof of property transfer.
* As for a vehicle used as a collateral that is sold at auctions by a bank to secure the obligation of debt repayment: The application for vehicle registration must comply with regulations in Article 7 of this Circular.
In the event of a vehicle under dispute and in a lawsuit or used as a property for the judgment execution, there must be additional documents such as an extract or a duplicate of judgment, a duplicate of the Court’s decision and a writ of execution from the Judicial Execution authority as well as the followings:
- A certificate of vehicle registration (applied to registered vehicles). In the event that a certificate of vehicle registration can not be revoked, this must be confirmed in writing by a bank that is requested to sell the aforesaid property (in lieu of vehicle registration certificate).
- A duplicate of a credit agreement or a secured credit contract (signed by a credit institute).
- An agreement of property sale and transfer or a written report of property acceptance or a record of property auction (specific solutions must be provided where applicable)
- A receipt of monetary payment as regulated by the Ministry of Finance.
- If a vehicle has been registered at another locality, a written permit of title transfer and vehicle relocation must be included in the original documentation.
* As for a vehicle that has been handled by the decision on a compulsory distraint from competent authorities in order to ensure the compliance with a written notice of overdue debt payment as prescribed in the laws on the Customs, the required documentation must adhere to legal regulations in Article 8, 9 and Clause 2, Article 10 of this Circular, and concurrently include:
- A proven documentation of vehicle ownership transfer; a duplicate of a compulsory administrative distraint for the property to be sold at auctions, a written record of the auction sale from a Financial agency of a district or a center for auction sale service in a province and a bill of sale as regulated by the Ministry of Finance.
- A declaration of origin for imported automobiles (a copy is kept at the Customs).
2. Financial leasing company’s vehicles registered at which a lessee’s head office is located
- The applicant’s required documentation according to legal regulations in Article 7 of this Circular.
- A written request from a financial leasing company for the vehicle that is registered at which its legal owner is residing or locates their head office.
3. Other vehicles that are built with the similar specifications
- The applicant’s required documentation according to legal regulations in Article 7 of this Circular.
- Where vehicles, which were manufactured or refurbished to be used before December 31, 2008, have not ensured the compliance of its origin documentation with legal regulations, the legal owner must be committed to their legitimate origin certified by local authorities, all of which shall be provided along with an inspection report that a department of transport has delivered to certify the technical safety and environment protection (applied to tractors), and a certificate of technical safety, quality assurance and environment protection (applied to vehicles used by the disabled).
4. Dedicated automobiles rented from foreign entities
- The applicant’s required documentation according to legal regulations in Articles 8, 9 and Clause 2 Article 10 of this Circular.
- A lease contract.
- A declaration of export and import goods in accordance with legal regulations promulgated by the Ministry of Finance.
5. Vehicles of foreign-aided projects that will be transferred to Vietnam’s partners after expiration
- The applicant’s required documentation regulated in Article 8, 9 and Clause 2, Article 10 of this Circular and provided along with the certificate of vehicle registration; a written statement on state ownership establishment for that vehicle (as for the central government bodies and local authorities, the Ministerial Head and the Chairperson of provincial People’s Committee respectively shall manage to release it); the written proof of property transfer from the donor.
- Vehicles of foreign-aided projects must be subject to the decision on the property settlement from competent authorities before being sold after expiration.
6. Vehicles that have been registered for this project and transferred to another project to be continuously used
- The applicant’s required documentation according to legal regulations in Article 8, 9 and Clause 2 of Article 10 of this Circular, provided along with the certificate of vehicle registration.
- A written report of vehicle transfer from the foreign project owner.
- A written confirmation of validated aid from the Department of Debt Management and External Finance, known as a governmental body directly under the Ministry of Finance.
7. Any vehicle that is used as a grant or humanitarian aid and has their title transfer and vehicle relocation carried out normally as regulated in this Circular.
8. Vehicles that are subject to competent authorities’ decision on the settlement and revocation of the property on completion of the aforesaid projects and of other state-owned property
- The applicant’s required documentation according to legal regulations in Article 8, 9 and Clause 2 of Article 10 of this Circular, provided along with the certificate of vehicle registration.
- A written decision on the property settlement, made by competent authorities.
- A bill of sale for state-owned property, issued by the Ministry of Finance, if the property is settled in the form of legal liquidation; a written report of property delivery if the property is settled in the form of legal transfer.
9. Registered vehicles that are liquidated by dissolved enterprises
- The applicant’s required documentation according to legal regulations in Article 8, 9 and Clause 2 of Article 10 of this Circular, provided along with the certificate of vehicle registration.
- A written decision on the dissolution, made by competent authorities.
- A written documentation of vehicle ownership transfer, held by the authorized organization or individual in charge of the property settlement as prescribed in legal regulations.
10. Registered vehicles that are reclaimed at the full indemnity rate by an insurance agency after an accident
- The applicant’s required documentation according to legal regulations in Article 8, 9 and Clause 2 of Article 10 of this Circular, provided along with the certificate of vehicle registration.
- A delivery note and a certificate of vehicle registration.
- A written notice of the insurance company’s indemnity.
- A bill of sale of the insurance policy.
11. The registration and operation of Military vehicles for the purpose of economic activities and national defense, which are now expected to change to a non-military license plate, shall conform to legal regulations in the Joint Circular No. 16/2004/TTLT-BCA-BQP dated November 01, 2004, promulgated by Ministry of Public Security and National Defence.
12. Any vehicle that has lost the registration documentation
- Submit the vehicle owner’s legal documents as regulated in Article 9 of this Circular.
- A duplicate of any vehicle documentation (in accordance with legal regulations in Article 10 of this Circular), certified by the issuing agency.
Where vehicles have been domestically manufactured and assembled, the factory must re-issue the certificate of ex-factory quality assurance (the application for the vehicle registration must be sufficient as regulated in Article 7 of this Circular). After a period of 30 days, if none of violations and disputes has been found, these vehicles shall be registered.
13. Vehicles commonly owned by a married couple
- If the legal owner voluntarily declare a vehicle as a marital property, write full names and signatures of both husband and wife on the declaration of vehicle registration; in the event that a spouse has undersigned the certificate of vehicle registration and currently wish to change it to a legal community property, fill in the declaration of vehicle registration signed by both husband and wife; the competent registry shall revoke the previous certificate of vehicle registration and issue the new one.
- The co-owner’s vehicle, when being sold or offered as a gift, must obtain sufficient signatures and a trust of sale from these co-owners.
14. Refurbished vehicles
- Reject the registration for cars and automobiles of different kinds that are refurbished to become automobiles or dedicated vehicles and refrigerator trucks that are transformed into purpose-built ones before 5 years and 3 years respectively (as from the date of importation).
- Do not replace engine and chassis fittings taken from end-of-life vehicles as stipulated by laws; tax-exempt vehicles; temporarily imported and re-exported vehicles owned by diplomatic missions, consular posts and representative offices of international organizations who have been offered the diplomatic and consular immunities and privileges.
15. In respect of the registration of vehicles that are confiscated to raise the state fund, it is not necessary to provide an original documentation but it is considered a must to submit the decision on this confiscation or material evidence settlement for confiscated vehicles (each vehicle keep its own original), all of which must clearly specify vehicle identifications such as brand name, make, model, series number, chassis and engine number. Whichever they fail to provide, the registration shall be rejected.
16. Invoice
- As for vehicles that have been sold to various organizations, agencies and enterprises, the application for vehicle registration only require those who are mentioned above as the end-sellers to deliver an original invoice issued by the Ministry of Finance; if various vehicles use the same invoice, each vehicle must keep one legally notarized and certified copy.
- Vehicles of an enterprise or a business unit must keep an invoice of value-added tax, a bill of sale or custom-printed invoice as stipulated by laws; in case of buying the liquidated vehicles from administrative offices, a bill of sale for state-owned properties must be delivered; in case of buying a vehicle, known as a property of the national reserve, a bill of sale for this kind of property must be delivered; in case of buying confiscated vehicles sold to raise the state fund, a bill of sale for this kind of confiscated property must be delivered (a legally notarized and certified original or copy).
- Where organizations and individuals make a capital contribution to the company in the form of mechanical vehicles, of which the legal documentation only include a certificate of capital contribution or a written proof of property delivery, upon withdrawing their capital, they must not provide the invoice but otherwise need to submit sufficient documents that can demonstrate this contributed capital to be their withdrawn capital by means of a written report on the withdrawal of a contributed capital in the form of motor vehicles, a property delivery note; in the event that the documentation of a contributed property includes the invoice of value-added tax subject to the declaration of tax deduction, upon withdrawing this capital, that company must provide their own value-added tax invoice.
17. Where a vehicle has been registered as a collateral, upon the title transfer and vehicle relocation, the change and replacement of its registration, a duplicate certificate of collateral removal and release or a written consent from the mortgagee.
Nguyen Trinh
