Summary of vehicle documentation and vehicle owner’s legal documentation in Vietnam

Summary of vehicle documentation and vehicle owner’s legal documentation in Vietnam
Lê Trương Quốc Đạt

What are the regulations on vehicle documentation and vehicle owner’s legal documentation in Vietnam? - Uyen Trang (Tien Giang)

Summary of vehicle documentation and vehicle owner’s legal documentation in Vietnam
Summary of vehicle documentation and vehicle owner’s legal documentation in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Vehicle documentation in Vietnam

Vehicle documentation according to Article 8 of Circular 58/2020/TT-BCA is as follows:

* Vehicle origin documentation:

- Regarding imported vehicle:

+ As for imported vehicles under a commercial contract, tax-exempt vehicles, specialized vehicles and vehicles used as the project-based aid: Origin declaration of the automobile or motorbike as prescribed.

+ With respect to non-trade imported vehicles, those used as a gift or imported vehicles in the form of a relocated property and vehicles serving the purpose of grant aid and humanity, they are required to submit:

A customs declaration, temporary import license and receipts of import duty, special excise duty, and/or value-added tax on imported goods (as required) or payment order or state budget deposit bill which specifies the paid tax/duty.

Case of tax exemption: the written decision or documentation of tax exemption from competent authorities, or the certificate of aid in accordance with statutory regulations (as a substitute for the tax receipt) or the import license documenting the tax exemption must be included.

+ As for vehicles taxed at the rate of 0%: the declaration of non-trade import and export goods shall be required as regulated, in which vehicle brand name, engine and chassis number must be clarified.

+ As for temporarily imported and re-exported vehicles of those who are eligible for the diplomatic privileges and immunities in accordance with legal regulations or International Treaties of which Vietnam is a member; vehicles of foreign experts who are developing ODA projects in Vietnam; Vietnamese expatriates who are invited to work in Vietnam: customs declaration as regulated and (temporary) import license;

- Any vehicle that is domestically manufactured and assembled: The certificate of ex-factory quality inspection for road motor vehicles from the manufacturer in accordance with legal regulations;

- Refurbished vehicles:

The certificate of vehicle registration (applied to those that have been already registered) or the documentation of origin for the importation (applied to those that have been already used) must be included, as stipulated at Point a, Clause 1 of this Article.

The certificate of technical quality, safety assurance and environment protection for refurbished motor vehicles must be submitted;

- As for confiscated vehicles, the following documents must be submitted:

The decision on confiscation to raise the state fund or the decision on establishment of universal ownership as to the vehicle or citation of a judgment concerning confiscation of vehicle, with all characteristics of the vehicle: Make, model number, model, engine number, chassis number, cylinder capacity, year of manufacture (for automobile).

The invoice of selling confiscated properties to raise the state fund, the invoice of selling public property or selling state-owned property (applied to those settled by auction); the written report of property delivery (applied to those settled by means of transfer); money receipt or transfer note (applied to aggrieved party).

* The documentation of vehicle title transfer shall include any of the following:

- Invoices, financial documents (receipts) or documentation on sale and gifting of vehicle (decision, contract, inheritance document) as per the law;

- Written agreement on sale or gifting of vehicle between individuals must be authenticated or notarized, or certified by the employers with respect to the armed forces; and foreign nationals working for diplomatic missions, consular posts and representative offices of international organizations, and registers his/her vehicle at the address of his/her employer, he/she must provide the confirmation from them.

- As for liquidated vehicles of police: A decision on liquidation of vehicle made by the competent authority and invoice of selling public property or selling state-owned property;

- As for liquidated vehicles of military: A certificate of vehicle registration, an official dispatch certifying that the vehicle has been moved out of the military equipment of the Department of Vehicles affiliated to the Ministry of National Defense and an invoice of selling public property or selling state-owned property.

* Proof of payment of vehicle registration fee:

- A receipt or a written proof of payment to the state budget or payment order through the bank of vehicle registration fee or other documentation on payment of vehicle registration fee as per the law or document printed from the vehicle registration system (with all information about the make, model number, model, engine number, chassis number).

If there is only one proof of payment for vehicle registration fee, each vehicle must submit a proper duplicate legally certified and confirmed by an agency where that proof has been issued;

- As for vehicles exempted from paying the registration fee: the declaration of registration fee certified by the tax authority.

2. The vehicle owner’s legal documentation in Vietnam

The vehicle owner’s legal documentation in Vietnam according to Article 9 of Circular 58/2020/TT-BCA is as follows:

- If the legal owner is Vietnamese, one of these documents must be submitted: Identity card (9-digit or 12-digit) or household register.

If the legal owner is a member of armed forces' personnel, one of these documents must be submitted: people’s police or military identity card or document certified by the head of working agency/unit of regiment or higher, division of police office of district or higher (in the absence of identity card of the armed forces' personnel).

- If the legal owner is a Vietnamese expatriate currently living and working in Vietnam, temporary residence or household register and passport (valid) or any other valid document in lieu of passport must be submitted.

- The legal owner is a foreign national.

+ As for foreign nationals who are working for diplomatic missions, consular posts and representative offices of international organizations: they must show a letter of accreditation to Directorate of State Protocol or Department of Foreign Affairs and Diplomatic and Official Identity Card (valid);

+ As for foreign nationals working and living in Vietnam: they must show their passport (valid) or other valid substitutes for passport.

- The legal owner is an agency or organization:

+ If the legal owner is a Vietnamese agency or organization: identity card (9-digit or 12-digit) of the authorized person must be shown. Regarding a military enterprise, a letter of introduction signed and sealed by the Director of Department of Vehicles affiliated to the Ministry of National Defense must be shown;

+ If the legal owner is a diplomatic mission, consular post and representative office of international organization in Vietnam: A letter of accreditation from Directorate of State Protocol or Department of Foreign Affairs Diplomatic and Official Identity Card (valid) of the authorized person must be shown;

+ If the legal owner is a joint-venture or wholly foreign-owned enterprise, representative office and a foreign enterprise who have won a bidding in Vietnam, and non-governmental organization: the authorized person to register their vehicle must show his/her identity card (9-digit or 12-digit) or passport (in case of foreigner).

- The authorized person to carry out the vehicle registration, apart from the documentation of the vehicle owner as prescribed in clauses 1, 2 and 3 of Article 9 of Circular 58/2020/TT-BCA, he/she must show his/her identity card (9-digit or 12-digit) or diplomatic or official identity card (valid).

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