Joint Circular No. 03/2006/TTLT-BTM-BGTVT-BTC-BCA guiding the importation of second-hand passenger cars with less than 16 seats according to Decree No. 12/2006/NĐ-CP dated January 23, 2006.

JOINT CIRCULAR

Guidelines for importing used passenger cars with less than 16 seats according to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government

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Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign agency buying, selling, processing, and transiting goods;

The Ministries of Trade, Transport, Finance, and Public Security hereby provide detailed guidelines for importing used passenger cars with less than 16 seats (hereinafter referred to as used cars) according to Decree No. 12/2006/NĐ-CP as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Used cars are cars that have been used and registered for at least six months and have traveled a minimum distance of 10,000 kilometers (ten thousand kilometers) up to the time the car arrives at a Vietnamese port.

2. Used cars imported into Vietnam must comply with the provisions of Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government, the provisions of this Circular, and the provisions in Decision No. 35/2005/QĐ-BGTVT dated July 21, 2005 of the Minister of Transport on quality inspection, technical safety, and environmental protection.

3. Used cars imported must pay taxes in accordance with the Law on Export Tax, Import Tax; Special Consumption Tax Law; Value Added Tax Law, and other current legal documents.

II. CONDITIONS FOR IMPORTING USED CARS

1. Used cars imported must meet the following conditions: not more than five years from the year of manufacture to the time the car arrives at a Vietnamese port, specifically, in 2006, only cars manufactured from 2001 onwards can be imported. The year of manufacture of the car is determined in the following order of priority:

a) According to the vehicle identification number;

b) According to the chassis number of the car;

c) According to technical documents: catalogues, technical specification manuals, recognition software, engine plates attached to the vehicle, or information provided by the manufacturer;

d) According to the year of manufacture recorded in the original copy of the Vehicle Registration Certificate or the Vehicle Cancellation Certificate currently in circulation abroad.

đ) In special cases, the quality inspection authority shall establish an appraisal board including technical experts in relevant fields to make a decision.

e) If the quality inspection authority has doubts about the chassis number and/or engine number of the imported vehicle, the quality inspection authority will request an appraisal from the public security agency. The conclusion of the public security agency regarding the chassis number and/or engine number is the basis for handling import quality inspection procedures as prescribed.

2- Prohibition on importing right-hand drive vehicles (reverse steering) including dismantled forms and those converted to right-hand drive before importation into Vietnam, except for specialized vehicles with right-hand drive operating in narrow areas such as: crane trucks; trench diggers; road cleaning and watering trucks; garbage and household waste transporters; airport shuttle buses; warehouse and port cargo lifters; concrete pumps; golf course and park maintenance vehicles.

3- Prohibition on importing used ambulances.

4- Prohibition on disassembling cars during transportation and upon importation.

5- Prohibition on importing cars that have altered their structure or changed their function from the original design, including cars whose function does not match the vehicle identification number or the chassis number published by the manufacturer; cars that have had their chassis or engine numbers tampered with under any circumstances and in any form.

III. PROCEDURES FOR IMPORTATION AND REGISTRATION

1- In addition to customs documents as prescribed, importers of used cars must submit to the Customs Authority one original and one certified copy (signed and stamped by the company director) of one of the following documents:

b\. Safety and technical inspection certificate and environmental protection certificate issued by the competent authority or delegated agencies of the state where the vessel is registered;

b) Circulation certificate;

c) Certificate of Cancellation of the Vehicle Registration Certificate or Certificate of Cancellation of the Circulation Permit. The certificates mentioned in points a, b, and c above are issued by the competent authority of the country where the vehicle was registered for circulation.

2- Used cars may only be imported into Vietnam through international seaports: Quang Ninh, Hai Phong, Da Nang, Ho Chi Minh City. Customs procedures are carried out at the point of entry.

3- Within three working days from the date the Customs Authority inspects the actual goods, the importer must submit the application for inspection and notify the location for the Inspection Authority to conduct quality, technical safety, and environmental protection inspections.

4- At the latest thirty days from the date of receiving a valid application for inspection, the Inspection Authority must notify the inspection results to the importer.

5- The Customs Authority may only release and clear the goods when the Inspection Authority's notification confirms that the goods meet the import conditions as prescribed. If, within thirty-three days from the date the Customs Authority inspects the actual goods, the importer cannot present the inspection results or if the inspection results do not meet the import conditions, they must be handled according to the law.

6- In cases where the inspection period needs to be extended for appraisal as stipulated in points đ and e, Section 1, Part II of this Circular, the Inspection Authority shall notify the Customs Authority and the importer in writing.

V. IMPLEMENTATION

1- The Ministries shall organize the implementation of the provisions of this Circular, Decree No. 12/2006/NĐ-CP dated January 23, 2006, and related legal documents within their respective authorities. Any difficulties encountered during the implementation process should be reported to the Ministry of Trade and relevant Ministries for guidance, discussion on measures to resolve them, and timely coordination for amendments.

2- Abolish any previous regulations that conflict with the provisions of this Circular.

3- This Circular takes effect from May 1, 2006./.