Circular No. 06/2005/TT-BCA(C11) guiding the registration and management of motor vehicles on roads within the Lao Bao Special Economic Zone - Trade (Quang Tri Province)

CIRCULAR

Guidelines for registering and managing motor vehicles on roads in the Lao Bao Special Economic Zone - Trade Area (Quang Tri)

road within the Lao Bao Special Economic Zone - Trade Area (Quang Tri)

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Pursuant to Articles 48 and 49 of the Road Traffic Law dated June 29, 2001;

Pursuant to Decision No. 11/2005/QD-TTg dated January 12, 2005 of the Government Chairman promulgating the Regulations on the Lao Bao Special Economic Zone - Trade Area in Quang Tri Province;

To implement uniformly the registration and management of motor vehicles on roads in the Lao Bao Special Economic Zone - Trade Area (hereinafter referred to as SEZ-TA Lao Bao), the Ministry of Public Security guides the registration, issuance of license plates, and management of motor vehicles on roads in SEZ-TA Lao Bao 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. Scope and subjects of application:

a) This Circular guides the registration, issuance of license plates, and management of motor vehicles on roads, including motorcycles (excluding right-hand drive motorcycles), tractors, two-wheeled motorcycles, three-wheeled motorcycles, and motorized bicycles (hereinafter collectively referred to as vehicles) of organizations and individuals from Vietnam and foreign countries operating investment and business activities with their headquarters in SEZ-TA Lao Bao according to Decision No. 11/2005/QD-TTg dated January 12, 2005 of the Government Chairman. Each individual or organization may only register one motorcycle or motorized bicycle.

b) Vehicles of organizations and individuals within SEZ-TA Lao Bao that do not fall under the provisions mentioned above in point a shall continue to register in accordance with Circular No. 01/2002/TT-BCA (C11) dated January 4, 2002 and Circular No. 02/2003/TT-BCA (C11) dated January 13, 2003 of the Ministry of Public Security.

2. Registration Authority:

a) The registration authority is the Traffic Police Department of the Quang Tri Provincial Public Security. The Director of the Quang Tri Provincial Public Security is responsible for arranging a registration location at SEZ-TA Lao Bao.

b) After receiving complete valid files, the registration authority shall immediately issue license plates and appointment letters to vehicle owners; in cases of transfer of ownership, relocation, or deregistration, only appointment letters will be issued. Within no more than three days (excluding holidays and public holidays), the registration authority must issue vehicle registration certificates or certificates of deregistration or transfer/relocation files to vehicle owners.

3. Scope of Operation for Vehicles with SEZ-TA Lao Bao License Plates:

Vehicles with SEZ-TA Lao Bao license plates are only allowed to operate within the SEZ-TA Lao Bao area; if there is a need to operate outside this area, they must follow the guidelines set out in Section III of this Circular.

In all cases, vehicles with SEZ-TA Lao Bao license plates leaving the SEZ-TA Lao Bao area without permission or with permission but exceeding the permitted scope and duration must be promptly detected and strictly dealt with according to the law.

4. Responsibilities of Vehicle Owners and Registration Authorities:

a) Vehicle owners are responsible before the law for the legality of the vehicle and registration files.

b) The registration authority is responsible for implementing this Circular and other relevant laws.

5. Right-hand drive motorbikes are permitted to enter and exit SEZ-TA Lao Bao (through the Lao Bao International Border Gate) to transport goods and passengers between SEZ-TA Lao Bao and Laos and neighboring countries.

II. VEHICLE REGISTRATION FILES AND PROCEDURES; TRANSFER OF OWNERSHIP AND DELETION FROM REGISTRATION

1. Vehicle Owner's Documents When Registering:

1.1. Individual Vehicle Owners:

a) Introduction letter from the SEZ-TA Lao Bao Management Board;

b) Copy of the business operation permit issued by the competent authority (certified by the issuing authority), along with the original for verification;

c) Presentation of identification card or passport, travel document (valid) for foreigners;

d) Photocopy of the driver's license and certificate of compulsory civil liability insurance for the vehicle owner (original for verification) (for motorcycle and motorbike owners).

1.2. Corporate Vehicle Owners, Joint Ventures, or Foreign-Owned Enterprises:

a) Introduction letter from the SEZ-TA Lao Bao Management Board;

b) Certificate of compulsory civil liability insurance for the vehicle owner (for motorcycles and motorbikes);

c) Copy of the Investment Permit (certified by the issuing authority), along with the original for verification.

d) Presentation of identification card or passport, travel document (valid) of the person registering the vehicle.

1.3. Photocopies of the driver's license, certificate of compulsory civil liability insurance; introduction letter, copy of the investment permit of the organizations and individuals specified in points 1.1 and 1.2 above must be kept in the vehicle registration file.

2. Registration Procedures and Files:

2.1. Application for registration (in prescribed form) issued and guided by the Traffic Police.

2.2. Proof of origin of the vehicle:

a) Imported vehicles:

Declaration of origin of imported cars and motorbikes with confirmation from Customs "Imported vehicles not yet subject to import tax, special consumption tax" (for vehicles imported under commercial contracts) or import permit and declaration of non-commercial goods (for non-commercial imports).

b) Vehicles produced and assembled in SEZ-TA Lao Bao: Quality inspection certificate upon factory release as stipulated by the Ministry of Transport.

2.3. Transfer documents include one of the following types of documents:

Sales, gift, decision, contract, or inheritance document as provided by law; sales invoice as prescribed by the Ministry of Finance.

For vehicles of organizations and individuals not engaged in business, when transferring or selling vehicles, there is no need for a sales invoice. For jointly owned vehicles, when transferring, signatures or authorization to sell on behalf of all owners are required.

2.4. Proof of stamp duty payment is specified as follows:

a) Receipt of stamp duty payment or proof of payment into the state budget in cash or by check through the national treasury (with confirmation from the treasury that the money has been received).

b) In cases where stamp duty is exempted, a declaration of stamp duty with confirmation from the tax authority is required.

3. Transfer of Ownership and Relocation of Vehicles:

3.1. Transfer of Ownership (applicable only to the subjects specified in point a of Part I of this Circular within SEZ-TA Lao Bao):

Within thirty days from the date of the transfer document, the new owner must go to the traffic police department managing the vehicle to process the transfer and change of registration. The transfer documents include:

a) Application for registration (in prescribed form);

b) Vehicle registration certificate;

c) Transfer document;

d) Stamp duty payment document;

The vehicle owner must bring the vehicle for an actual inspection. In this case, the license plate number will remain unchanged and a new vehicle registration certificate will be issued to the new owner.

If the vehicle registration certificate or license plate is lost, there must be a letter (for organizations) or an application (for individuals). After 30 days from the date of receipt of the application or letter requesting, if no suspicion is found, the transfer procedures will be processed.

In cases where the matter is resolved before the deadline, it must be approved by the Director of the Provincial Public Security Department.

3.2. For vehicles registered with the Lao Bao Border Economic Zone (KKT-TM Lao Bao) license plates that are sold domestically, the vehicle owner must process the cancellation of the vehicle registration at the traffic police agency; after completing the import procedures and paying taxes as prescribed, the vehicle owner must process the relocation according to the provisions of Circular No. 01/2002/TT-BCA (C11) dated January 4, 2002, and Circular No. 02/2003/TT-BCA (C11) dated January 13, 2003, issued by the Ministry of Public Security.

4. Cancellation of vehicle registration:

Vehicles registered at the Lao Bao Border Economic Zone when re-exported or wishing to transfer to domestic Vietnam must have their registration cancelled. The cancellation registration file includes:

4.1. A cancellation declaration form (according to the model).

4.2. A letter or application for cancellation.

The vehicle owner must bring the vehicle and return the license plate and vehicle registration certificate (to be kept in the vehicle file).

If the registration certificate or license plate is lost, there must be a letter (for organizations) or an application (for individuals). After 30 days from the date of receipt of the application or letter requesting, if no suspicion is found, a cancellation confirmation certificate will be issued. Early issuance must be approved by the Director of the Public Security Department of Quang Tri Province.

5. Vehicle Registration Certificate Model for the Lao Bao Border Economic Zone:

The vehicle registration certificate for cars, motorcycles, trailers, and semi-trailers in the Lao Bao Border Economic Zone has a pink background, anti-counterfeiting symbols, dimensions of 100 mm in length and 70 mm in width, uniformly issued by the Ministry of Public Security. Below the phrase "Car Registration", "Motorcycle Registration", "Trailer and Semi-Trailer Registration", the phrase "valid only within the Lao Bao Border Economic Zone" (Annex 2 issued together with this Circular) is printed.

6. License Plates for the Lao Bao Border Economic Zone:

a) The Ministry of Public Security uniformly manages and issues license plates for the Lao Bao Border Economic Zone.

In all cases, before issuing a new license plate, the old license plate must be recovered, cut off, and canceled according to regulations.

Strictly prohibited are all acts of producing, forging license plates, selling, and circulating license plates not produced and issued by the Ministry of Public Security.

b) License plates for the Lao Bao Border Economic Zone have a yellow background with red letters and numbers.

- Cars are issued two license plates, attached to the front and rear of the vehicle.

- Motorcycles and motorbikes are issued one license plate, attached to the rear of the vehicle.

Trailers and Semi-trailers are issued one license plate, attached to the rear.

c) Symbols and arrangement of letters and numbers on the license plate:

Car license plate (according to Annex 1 issued together with this Circular):

License plates for the Lao Bao Border Economic Zone: the first group consists of the number 74 and two letters LB (abbreviation for the name of the Lao Bao Border Economic Zone). The fourth group consists of four natural numbers representing the registration sequence, starting from number 0001.

- Motorcycle license plate (according to Annex 1 issued together with this Circular):

The top row consists of the number 74 and two letters LB (abbreviation for the name of the Lao Bao Border Economic Zone). The bottom row consists of five numbers representing the registration sequence, starting from number 00001.

7. Management of Vehicle Files:

Vehicle registration files for the Lao Bao Border Economic Zone must be managed according to the file management system of the Ministry and directly managed, preserved, and utilized according to regulations by the registration agency. Any violation of the file management system, loss, or misplacement of files must be promptly detected and strictly dealt with.

8. Authority to sign vehicle registration certificates and other related documents concerning vehicle registration and management within the Lao Bao Border Economic Zone:

The Head or Deputy Head of the Traffic Police Department of the Quang Tri Provincial Public Security Department, assigned to be responsible, shall approve and sign vehicle registration certificates and other related documents concerning vehicle registration and management within the Lao Bao Border Economic Zone.

III. PROVISIONS ON THE USE OF Lao Bao Border Economic Zone LICENSE PLATES OUTSIDE THE Lao Bao Border Economic Zone

1. Vehicles with Lao Bao Border Economic Zone license plates must complete temporary import and re-export procedures before operating within the domestic territory of Vietnam; the application for a temporary import and re-export permit includes:

a) An application form for a temporary import and re-export permit (according to the model);

b) Vehicle registration certificate;

c) Identity card; passport or travel document still valid;

d) Driving permit;

đ) Technical safety inspection certificate;

e) Third-party civil liability insurance certificate.

In cases where a Vietnamese organization applies for a temporary import and re-export permit for a foreign partner, a request letter accompanied by copies (certified by a Vietnamese notary office or the local authority) of the documents specified in points a, b, c, d, đ, and e above; a summary of the vehicle indicating the type of vehicle, engine number, chassis number, license plate number, load capacity, and seating capacity. If temporarily imported for sightseeing or tourism, a program must be attached; for advertising exhibitions, a permit from the competent Vietnamese authority must be attached.

"Temporary Import and Re-Export Permit for Cars" (according to the model) consists of three copies; two copies are given to the vehicle owner (one copy for customs clearance procedures and one copy for vehicle operation); one copy is retained in the permit application file.

2. Vehicles with Lao Bao Border Economic Zone license plates must display a temporary license plate on the front and rear windows of the car when operating within the domestic territory of Vietnam. The temporary license plate is made of white paper, clearly stating the license plate number, validity period, and permitted route (according to Annex 1 issued together with this Circular).

3. Authority to allow vehicles with Lao Bao Border Economic Zone license plates to operate within the domestic territory of Vietnam:

a) For vehicles temporarily imported for operation within the province of Quang Tri for up to 5 days, the Head or Deputy Head of the Traffic Police Department of the Quang Tri Provincial Public Security Department, assigned to be responsible, approves and signs the temporary import and re-export permit.

b) For vehicles temporarily imported and exported for operation beyond the province of Quang Tri for more than 5 days, the Director or Deputy Director of the Quang Tri Provincial Public Security Department, assigned to be responsible, approves and signs the temporary import and re-export permit; the maximum allowed period outside the Lao Bao Border Economic Zone is 30 days.

IV. IMPLEMENTATION

1. This Circular shall take effect fifteen days after its publication in the Official Gazette and shall replace Circular No. 07/2003/TT-BCA dated April 16, 2003 of the Ministry of Public Security on "Guidelines for registering and managing motor vehicles in the Lao Bao Border Economic Zone (Quang Tri Province) enjoying tax incentives as prescribed by the Government."

2. The National Police总局负责指导、监督和检查本通函的执行情况。

3. The directors of the General Departments under the Minister, the heads of provincial public security departments directly under the Central Government shall be responsible for implementing this Circular.

- Responsibilities of the Trade Union Committee of the company: inspect and supervise the implementation of the plan to implement the Resolution of the Workers' Congress and the Collective Labor Agreement; direct the activities of the People's Inspection Board; coordinate with other mass organizations within the company to encourage workers to implement the Resolution of the Workers' Congress and the Collective Labor Agreement.

10. Implementation Provisions:

- This Circular shall take effect fifteen days after its publication in the Official Gazette and shall replace Document No. 1584/TLĐ dated November 15, 1999 of the Vietnam General Confederation of Labor.

- The Vietnam General Confederation of Labor shall cooperate annually with the Ministry of Labor, Invalids and Social Affairs to inspect and evaluate the organization of Workers' Congresses in state-owned enterprises; promptly resolve any difficulties encountered by the grassroots level.