Circular No. 102/2016/TT-BQP on registration, management, and use of motor vehicles within the Ministry of National Defense

CIRCULAR

Article 24||| prescribing registration, management, ||| use of motor vehicles tr||| under the Ministry of National Defense

WHEREAS,ứ ||| Road Traffic Law 2008;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

the Minister of National Defense promulgates the technical safety inspection procedure applicable to machinery and equipment with strict requirements for labor safety within the Ministry of National Defense.

||| The Minister of National Defense issues Circular prescribing registration, management, ||| use of motor vehicles tr||| under the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

||| This Circular stipulates the registration, management, and use of motor vehicles for national defense purposes.

Article 2. Applicability

||| This Circular applies to agencies, units, organizations, and individuals related to the registration, management, and use of motor vehicles for national defense purposes within the Ministry of National Defense (hereinafter referred to as military vehicles).

Article 3. Explanation of Terms

1. Military vehicle: Is an automobile (including automobile chassis equipped with specialized equipment, tractor trucks, electric automobiles), two-wheeled motorcycles, three-wheeled motorcycles, trailers, semi-trailers, tracked vehicles provided to agencies and units under the management of the Ministry of National Defense for national defense purposes.

2. Registration number of military vehicles: Is a legal symbol regarding the rights and responsibilities of agencies and units in managing and using military vehicles.

3. Registration certificate of military vehicles: Is a legal document regarding the rights and responsibilities of agencies and units in managing and using military vehicles.

Article 4. Principles of registration, management, and use

1. Principle of registration: Military vehicles must be registered and managed in accordance with the regulations of the Ministry of National Defense and the law.

2. Principle of management: Management of quantity, quality, types, groups, usage status, brand, and synchronization; implementation must be thorough, strict, and unified from the grassroots level to the campaign and strategic management bodies according to the regulations of the Ministry of National Defense.

3. Principle of use: In accordance with purpose, mission, group, technical capabilities, and regulations of the Ministry of National Defense; ensuring absolute safety and effectiveness.

Article 5. Registration number of military vehicles

1. Registration number of military vehicles: Produced by the Motor Vehicle Department to ensure uniformity as prescribed in Appendix II of this Circular and issued to military vehicles when agencies and units complete the registration process as required.

2. Signatures on the registration number: Are specified separately for each agency and unit under the Ministry of National Defense as prescribed in Appendix III of this Circular. In cases where new agencies or units are established under the Ministry of National Defense, the General Staff will direct relevant functional agencies to register supplementary information according to the regulations.

3. Revocation of registration numbers in cases where: The registration number is damaged, the vehicle is removed from service, or the vehicle is transferred between main agencies under the Ministry of National Defense. In cases where the registration number is lost and cannot be recovered, the head of the technical main agency under the Ministry of National Defense shall bear responsibility for reporting and explaining to the competent authority for consideration and decision.

4. When the registration number is lost or damaged: The agency or unit directly managing it must take responsibility for inspection and report to the superior motor vehicle agency to request the Motor Vehicle Department to consider issuing or replacing the number according to Article 21 of this Circular.

5. For automobiles, trailers, and semi-trailers before being put into use, in addition to the registration number issued by the Motor Vehicle Department: Agencies and units must supplement the auxiliary number system as prescribed in Appendix II of this Circular.

Article 6. Registration certificate of military vehicles

1. Registration certificate: Printed by the Motor Vehicle Department to ensure uniformity according to Model No. 04, Appendix I of this Circular and issued to military vehicles when agencies and units complete the registration process as required.

2. Revocation of registration certificates in cases where: The registration certificate is damaged, the vehicle is removed from service, or the vehicle is transferred between main agencies under the Ministry of National Defense. In cases where the registration certificate is lost and cannot be recovered, the head of the technical main agency under the Ministry of National Defense shall bear responsibility for reporting and explaining to the competent authority for consideration and decision.

3. Agencies, units, and individuals have the responsibility to manage and use the registration certificate in accordance with the regulations. When the registration certificate is lost or damaged, the agency or unit directly managing it must take responsibility for inspection and report to the superior motor vehicle agency to request the Motor Vehicle Department to consider issuing or replacing the certificate according to Article 21 of this Circular.

Article 7. Prohibited Acts

1. Forgery of documents, alteration of frame numbers, engine numbers; repair, erasure, modification of information recorded on registration certificates.

2. Self-production, use of license plates not in accordance with Clause 1, Article 5 of this Circular; renting, lending, mortgaging vehicles, license plates, registration certificates.

3. Provision of military vehicle documents for motorized traffic means and individuals outside the Military to operate illegally.

4. Use of military vehicles for personal purposes; joint ventures, collaborations with organizations and individuals outside the Military.

5. Driving military vehicles without being assigned a task (except in special duty cases or technical inspection of vehicles).

Chapter II

REGISTRATION, MANAGEMENT, USE OF MILITARY VEHICLES

Section 1. REGISTRATION OF MILITARY VEHICLES

Article 8. Forms of Registration

1. Official Registration.

2. Temporary Registration.

Article 9. Registration Management Authorities

1. The Ministry of National Defense uniformly manages the registration of military vehicles for agencies and units.

2. The Vehicle-Motorcycle Department assists the Minister of National Defense and is responsible for implementing the management of military vehicle registration in accordance with the law.

Article 10. Registration Documents for Vehicles with Pre-1989 Aid Origin

1. Decision of the General Staff Chief to include in military equipment (for tracked vehicles only: Proposal document from the head of the agency or unit under the Ministry of National Defense).

2. Vehicle registration form as prescribed in Form No. 01, Appendix I of this Circular.

3. Order to release from storage (applicable to vehicles that have been stored).

Article 11. Registration Documents for Vehicles Equipped by the Ministry of National Defense

1. Decision of the General Staff to include in military equipment.

2. Vehicle registration form as prescribed in Form No. 01, Appendix I of this Circular.

3. Order to release from storage (applicable to vehicles that have been stored).

4. Delivery and receipt record.

5. Original vehicle documents as prescribed by law (the agency or unit tasked by the Ministry of National Defense to purchase vehicles must transfer all original documents fully to the Vehicle-Motorcycle Department).

Article 12. Registration Documents for Vehicles Purchased by Units

1. Initial registration documents, including:

a) Decision of the General Staff Chief to include in military equipment;

b) Vehicle registration form as prescribed in Form No. 01, Appendix I of this Circular;

c) Purchase and sale contract;

d) Valid sales invoice;

đ) Original vehicle documents as prescribed by law (the primary vehicle-motorcycle agency under the Ministry of National Defense is responsible for transferring all original documents fully to the Vehicle-Motorcycle Department).

2. Registration documents for vehicles registered at public security agencies, including:

a) Decision of the General Staff Chief to include in military equipment;

b) Vehicle registration form as prescribed in Form No. 01, Appendix I of this Circular;

c) Purchase and sale contract;

d) Valid sales invoice (applicable when purchasing vehicles from organizations and individuals with business registration);

đ) Transfer and relocation declaration issued by the public security agency;

e) Original vehicle documents as prescribed by law (the agency or unit purchasing the vehicle must go to the public security agency to complete the procedures for receiving the transfer and relocation declaration, original vehicle documents, and hand over all original documents fully to the primary vehicle-motorcycle agency under the Ministry of National Defense for transfer to the Vehicle-Motorcycle Department).

Article 13. Registration Documents for Vehicles Transferred Between Primary Agencies Under the Ministry of National Defense

1. Decision of the General Staff Chief regarding vehicle transfer.

2. Vehicle registration form as prescribed in Form No. 01, Appendix I of this Circular.

3. Handover record.

4. Registration certificate, license plate, and vehicle history.

Article 14. Registration Documents for Vehicles Purchased by Agencies and Units Using Own Funds and Resold to Other Agencies and Units Within the Ministry of National Defense

1. Decision of the General Staff Chief regarding permission to sell vehicles.

2. Document from the head of the agency or unit under the Ministry of National Defense requesting permission for the agency or unit purchasing the vehicle to register the vehicle according to regulations.

3. Vehicle registration form as prescribed in Form No. 01, Appendix I of this Circular.

4. Purchase and sale contract.

5. Valid sales invoice (applicable when purchasing vehicles from agencies and units with business registration).

6. Registration certificate, license plate, vehicle history.

Article 15. Documents for registering internal vehicles mobilized within agencies and units under the Ministry of National Defense

1. Decision of the head of the agency or unit under the Ministry of National Defense (or competent authority) regarding vehicle mobilization.

2. Vehicle registration form as prescribed in Form No. 01, Appendix I of this Circular.

3. Handover record.

4. Vehicle registration certificate.

Article 16. Documents for registering vehicles given, donated; aid; non-trade imports, vehicles as gifts or imported movable assets

1. Documents for registering vehicles given or donated, including:

a) Decision of the General Staff Chief to include in military equipment;

b) Vehicle registration form as prescribed in Form No. 01, Appendix I of this Circular;

c) Document of giving or donating from the giver or donor;

d) Original vehicle documents as prescribed by law (the main vehicle agency under the Ministry of National Defense is responsible for transferring fully to the Vehicle Bureau).

2. Documents for registering aid vehicles, including:

a) Decision of the General Staff Chief to include in military equipment;

b) Vehicle registration form as prescribed in Form No. 01, Appendix I of this Circular;

c) Declaration of vehicle import origin;

d) Confirmation of aid from the Ministry of Finance.

3. Documents for registering non-trade imported vehicles, vehicles as gifts, or imported movable assets, including:

a) Decision of the General Staff Chief to include in military equipment;

b) Vehicle registration form as prescribed in Form No. 01, Appendix I of this Circular;

c) Declaration of non-trade import/export goods;

d) Receipt of import tax and special consumption tax.

Article 17. Documents for registering modified vehicles

1. Decision of the competent authority allowing modification of military vehicles; approval of design documentation for military vehicle modification.

2. Vehicle registration form as prescribed in Form No. 01, Appendix I of this Circular.

3. Certificate of quality and technical safety after modification.

4. Registration certificate for registered vehicles; for unregistered vehicles, there must be valid original documents as prescribed by law and a decision of the General Staff to include in military equipment.

Article 18. Documents for registering vehicles after replacing the same type engine

1. Vehicle registration form according to Model No. 01, Appendix I of this Circular.

2. Request document of the head of the technical agency directly under the Ministry of National Defense.

3. Engine origin documents.

4. Factory release certificate.

5. Handover and receipt record when leaving the factory.

6. Registration certificate.

Article 19. Temporary Registration

1. Cases of issuing temporary license plates without route restrictions as prescribed in Model No. 02, Appendix I of this Circular, including:

a) New automobiles equipped by the Ministry of National Defense: Documents missing the declaration of import origin;

b) Automobiles permitted by the Ministry of National Defense for units to purchase themselves: Documents missing the decision of the General Staff to include in military equipment.

2. Cases of issuing temporary license plates with route restrictions as prescribed in Model No. 03, Appendix I of this Circular, including:

a) Imported automobiles, produced or assembled domestically during transit or performing special urgent tasks;

b) Test-drive automobiles of topics or projects under programs of the Ministry of National Defense.

Article 20. Registration Procedure

1. Receiving and checking registration documents.

2. Managing registration files and submitting to the competent authority for approval.

3. Issuing registration plates, registration certificates, and vehicle records.

4. Agencies and units under the Ministry of National Defense: Are responsible for preparing one set of vehicle registration documents as prescribed in this Circular (from Article 10 to Article 19) and sending them to the Vehicle Bureau.

5. From the date of receiving complete documents as prescribed, within ten working days, the Vehicle Bureau is responsible for inspecting, evaluating, guiding supplementary completion of documents, and if they meet the conditions stipulated in this Circular, issuing registration plates, registration certificates, and vehicle records for the agency or unit. In cases where the conditions for registration are not met, the Vehicle Bureau will notify the relevant agency or unit and specify the reasons.

Article 21. Procedures and formalities for reissuing and exchanging registration plates and certificates

1. Cases of reissuing and exchanging

a) Reissuing registration plates and certificates that have been lost;

b) Exchanging registration plates and certificates that are damaged.

2. Documents for reissuing and exchanging

a) A request document from the head of the technical agency under the Ministry of National Defense;

b) Vehicle registration form as prescribed in Form No. 01, Appendix I of this Circular;

c) A statement from the driver or person responsible for management (confirmed by the unit commander at the regiment level or equivalent);

d) Decision of the competent authority on disciplinary action for violations (if applicable);

đ) Registration plates and vehicle registration certificates (in cases of damage).

3. Implementation Procedures

a) In cases where military vehicles lose or damage their registration plates and certificates: The agency or unit under the Ministry of National Defense shall be responsible for preparing one set of documents according to Clause 2 of this Article and sending it to the Motor Transport Department;

b) From the date of receiving complete documents as prescribed, within ten working days, the Motor Transport Department shall be responsible for checking, reviewing, guiding supplementary completion of the documents, and if they meet the conditions stipulated in this Circular, reissue or exchange registration plates and certificates. If the conditions for registration are not met, the Motor Transport Department shall notify the relevant agencies and units and specify the reasons.

Section 2. MANAGEMENT AND USE OF MILITARY VEHICLES

Article 22. Management regulations

1. The Motor Transport Department is the advisory body assisting the Chief of the General Technical Department and the Minister of National Defense in managing the quantity, quality, types, and compatibility of military vehicles within the Ministry of National Defense; directing and guiding agencies and units to implement measures to improve the quality of military vehicle management work.

2. The heads of agencies and units under the Ministry of National Defense are responsible to the Minister of National Defense for managing the quantity, quality, types, and compatibility of military vehicles within their managed agencies and units; adjusting, mobilizing, grouping vehicles, and determining the usage status of military vehicles within subordinate agencies and units.

3. Commanders at all levels are responsible for managing and being well-informed about the quantity, quality, types, groups, usage status, and compatibility of military vehicles under their management.

4. Vehicle agencies of units are responsible for organizing the implementation of measures to maintain technical coefficients, improve the quality of military vehicle management work according to the decisions of commanders and guidance from higher-level vehicle agencies.

Article 23. Usage regulations

1. Commanders at all levels are responsible for the use of military vehicles within their managed agencies and units: Using them correctly according to group, purpose, mission, and standards and quotas as prescribed by the Ministry of National Defense.

2. Drivers of military vehicles must have valid military driving licenses; when participating in traffic, they must strictly comply with laws and regulations on traffic safety and rules of the Ministry of National Defense, ensuring absolute safety.

3. When operating overloaded vehicles, oversized vehicles, tracked vehicles, or transporting extra-long and extra-heavy goods on roads under normal conditions, they must follow the provisions of the Ministry of Transport. In emergency situations, they must follow the regulations of the Ministry of National Defense and take measures to ensure traffic safety and the safety of road infrastructure according to the law.

4. Military vehicles such as trucks, tractor-trailers, semi-trailers, and full trailers registered by agencies and units of the Military engaged in economic activities must display information about their load capacity as specified in Appendix IV of this Circular.

5. Military vehicle inspection forces and military control forces must closely cooperate with functional agencies, inspect the activities of military vehicles participating in traffic, and promptly correct and handle violations according to the regulations of the Military and the law.

6. Military vehicles carrying illegal cargo, upon confiscation, shall be transferred to competent authorities for handling according to the law. If drivers violate traffic regulations, they will be subject to disciplinary action according to the Regulations on Military Unit Management of the Vietnam People's Army or criminal responsibility according to the law, depending on the severity of the violation; simultaneously, the commanders of agencies and units must bear joint liability for the disciplinary and legal violations committed by drivers under their command.

Article 24. Conditions for military vehicles when in operation

1. When participating in traffic, they must meet all the following requirements:

a) Registration number plate;

b) Registration certificate;

c) Permit for vehicle operation;

d) Valid inspection sticker affixed to the windshield;

đ) Auxiliary number system;

e) Vehicle work permit;

g) Vehicle dispatch order or transportation document (for cargo vehicles). In special cases, implementation must comply with current laws;

h) Logbook of vehicle-machine activities.

2. When performing practical driving training tasks, in addition to the provisions of Clause 1 of this Article, the following conditions must be met:

a) Driving practice permit;

b) Practice vehicle sign.

3. In case of test runs: There must be a repair order or test run plan approved by the competent authority; test vehicle signs must be hung at the front and rear of the vehicle.

Chapter III

RESPONSIBILITIES OF THE AGENCIES AND UNITS

Article 25. Military Vehicle Bureau

1. Is responsible before the Chief of the General Department of Technical Services, Minister of National Defense for registration, management, and use of military vehicles; guiding, directing, and inspecting the registration, management, and use of military vehicles according to regulations of the Ministry of National Defense and relevant laws.

2. Researches and proposes to the competent authority to issue directives, regulations, guidelines, systems of business records, statistical systems, and reporting procedures to ensure uniformity and effectiveness within the Ministry of National Defense.

3. Manages, preserves, and stores military vehicle registration files according to regulations of the Ministry of National Defense and relevant laws.

Article 26. Agencies and Units

1. Military vehicle agencies under direct subordination of the Ministry of National Defense:

a) Advises the head of the agency or unit on measures to improve the quality of military vehicle registration, management, and use;

b) Bears responsibility before the head of the agency or unit for the legality and accuracy of the registration application files;

c) Submits to the guidance, direction, and inspection of the Military Vehicle Bureau regarding military vehicle registration, management, and use according to regulations of the Ministry of National Defense.

2. The heads of agencies and units bear responsibility before the Minister of National Defense for the registration, management, and use of military vehicles in accordance with the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Circular takes effect from August 15, 2016, and replaces Circular No. 33/2010/TT-BQP dated April 8, 2010, issued by the Ministry of National Defense on the registration and management of motorized vehicles used for national defense purposes.

Article 28. Transitional Provisions

1. Registration plates and certificates for military vehicles: If issued before the effective date of this Circular, they will continue to be used and will be replaced according to the plan of the Military Vehicle Bureau.

2. Registration plates and certificates for military vehicles for trucks, tractor units, trailers, and semi-trailers of economic units of the armed forces: If issued before the effective date of this Circular, they will continue to be used and will be replaced according to this Circular within six months from its effective date.

Article 29. Responsibility for Implementation

1. The Chief of the General Department of Technical Services, heads of agencies and units, organizations, and related individuals are responsible for implementing this Circular.

2. The Director of the Military Vehicle Bureau is responsible for guiding and organizing the implementation of this Circular.