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 Government Decree No. 12/2006/NĐ-CP dated January 23, 2006.

JOINT CIRCULAR

Guidelines for importing passenger cars with less than 16 seats that have been used

pursuant to Decree No. 12/2006/NĐ-CP

dated January 23, 2006 of the Government

Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating 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 stipulating 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 stipulating 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 stipulating 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 agency buying, selling, processing, and transiting goods with foreign countries;

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

I. General Provisions

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 concerning quality inspection, technical safety, and environmental protection.

3. Used cars imported must pay taxes in accordance with the Law on Export Duties, Import Duties, 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 condition of not being more than five years old 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 mounts 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 use abroad;

đ) In special cases, the quality inspection authority shall establish an appraisal board including technical experts 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 police authority. The conclusion of the police authority regarding the chassis number and/or engine number is the basis for resolving quality inspection procedures according to regulations.

2. It is prohibited to import right-hand drive vehicles (including those with detachable steering wheels 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, street sweepers, water sprinklers, garbage trucks, road construction vehicles, airport shuttle buses, warehouse and port forklifts, concrete pumps, and vehicles moving only within golf courses and parks.

3. It is prohibited to import used ambulances.

4. It is prohibited to dismantle cars during transportation and importation.

5. It is prohibited to import cars that have changed their structure or function from their original design, including cars whose function does not match the vehicle identification number or chassis number published by the manufacturer, or cars that have had their chassis or engine numbers altered in any form or manner.

III. Import Procedures and Registration for Circulation

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:

a) Vehicle Registration Certificate.

b) Circulation certificate;

c) Certificate of Cancellation of Vehicle Registration or Certificate of Cancellation of Circulation.

The certificates specified in points a, b, and c above must be issued by the competent authority of the country where the vehicle was registered.

2. Used cars may only be imported into Vietnam through international seaports: Cái Lân, Quảng Ninh, Haiphong, Da Nang, and 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 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 importer of the inspection results.

5. The Customs Authority may only release and clear the goods when the Inspection Authority confirms that the quality inspection results meet the import conditions as stipulated. If the importer cannot present the quality inspection results or if the results do not meet the import conditions within thirty-three days from the date of Customs Authority's physical inspection, the matter 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 must inform the Customs Authority and the importer in writing.

7. Traffic Police Authorities shall inspect the documents of imported cars before registration procedures. If a vehicle is found not meeting the import conditions, registration procedures will not be processed, and the Customs Authority will be notified in writing to handle the matter according to the law.

V. Implementation Organization

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 jurisdictions. Any difficulties encountered during the implementation process should be reported to the Ministry of Trade and relevant Ministries for guidance, discussion of measures to resolve, 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./.