Consolidated Document No. 11/VBHN-BCT prescribing auction of tariff quota for used automobiles imported under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

CIRCULAR

Regulations on Auction of Import Quotas for Used Motor Vehicles under the Comprehensive and Progressive Trans-Pacific Partnership Agreement

Circular No. 04/2020/TT-BCT dated January 22, 2020 by the Minister of Industry and Trade regulating auction of import quotas for used motor vehicles under the Comprehensive and Progressive Trans-Pacific Partnership Agreement, effective from March 5, 2020, amended and supplemented by:

Circular No. 08/2026/TT-BCT dated February 25, 2026 by the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 04/2020/TT-BCT dated January 22, 2020 by the Minister of Industry and Trade regulating auction of import quotas for used motor vehicles under the Comprehensive and Progressive Trans-Pacific Partnership Agreement, effective from February 25, 2026.

Based on Decree No. 98/2017/NĐ-CP dated August 18, 2017 by the Government on functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Based on Decree No. 69/2018/NĐ-CP dated May 15, 2018 by the Government on detailed provisions for certain articles of the Law on Foreign Trade Management;

Based on Decree No. 62/2017/NĐ-CP dated May 16, 2017 by the Government on detailed provisions concerning enforcement measures of the Law on Asset Auctions;

Based on Decree No. 151/2017/NĐ-CP dated December 26, 2017 by the Government on detailed provisions for certain articles of the Law on Management and Use of State Assets;

Based on Decree No. 116/2017/NĐ-CP dated October 17, 2017 by the Government on conditions for production, assembly, importation, and provision of warranty and maintenance services for motor vehicles;

In accordance with the Comprehensive and Progressive Trans-Pacific Partnership Agreement (CPTPP) signed on March 8, 2018;

Upon the request of the Director of the General Department of Customs and Excise;

The Minister of Industry and Trade promulgates this Circular regulating auction of import quotas for used motor vehicles under the CPTPP. [1]

Article 1. Scope of Application

This Circular regulates auctions of import quotas for used motor vehicles in accordance with commitments under the CPTPP.

Article 2. Applicability

1. Business entities as defined by Vietnamese law.

2. Organizations and individuals involved in the importation of motor vehicles.

Article 3. Types and Quantities of Import Quotas

The types, HS codes, and quantities of import quotas for each year are specified in Appendix I attached to this Circular.

Article 4. Method of Allocating Import Quotas

1. Import quotas for used motor vehicles as provided in Article 3 of this Circular shall be allocated through auction.

2. Participants in the quota auction are business entities as defined by Vietnamese law.

Article 5. Regulations on Imported Used Motor Vehicles under Quotas

1. A used motor vehicle is a motor vehicle that has been registered for circulation in the exporting country prior to its arrival at the Vietnamese border, in accordance with applicable laws.

2. [2] Used motor vehicles imported under the quotas specified in Article 3 of this Circular must comply with the rules of origin in the CPTPP and must have a certificate of origin when performing import procedures.

3. Used motor vehicles imported under the quotas specified in Article 3 of this Circular must meet current legal requirements regarding technical standards, safety technical quality, and environmental protection for motor vehicles, as well as regulations concerning border importation of motor vehicles.

4. The type of motor vehicle imported must be consistent with the content of the Import Motor Vehicle Business License as provided by law.

Article 6. Principles of Auction

1. [3] The principles, procedures, and auction processes for the import quota of used automobiles shall be conducted in accordance with the provisions on asset auction laws.

2. The auction session is organized during the first quarter of each year and may extend the organization time depending on specific circumstances, but it must not exceed April 15th.

3. The Import Quota Auction Committee for Used Automobiles, established by the Ministry of Industry and Trade, shall oversee the auction process. The Chairman of the Auction Committee issues the Regulations Governing the Auction of Import Quotas for Used Automobiles.

4. Import quotas are allocated to traders in descending order of their bid prices.

5. Information regarding the auction session and procedures for submitting bids shall be widely publicized through mass media at least 30 days before the auction date.

6. The Auction Committee does not require a minimum bid amount for participation or allocation of import quotas through auction.

7. The names of successful bidders, their winning bid prices, and the allocated import quotas shall be publicly disclosed through mass media within 14 days after the auction session.

Article 7. Notification of Auction Results

Within 14 days from the date of the auction results by the Auction Committee, the Ministry of Industry and Trade issues a document notifying the successful bidders of their right to use the import quota for used automobiles.

Article 8. Import Procedures

1. Traders importing used automobiles are enterprises that have been granted a business license for automobile imports by the Ministry of Industry and Trade in accordance with relevant laws.

2. In cases where traders participate in the auction and win but do not possess a business license for automobile imports, they may entrust an enterprise holding such a license to perform the importation.

3. When performing import procedures for used automobiles under the import quota, in addition to complying with current regulations, traders shall present a document from the Ministry of Industry and Trade notifying the customs authority of their right to use the import quota for used automobiles.

4. Provisions concerning warranty, maintenance, and vehicle recall are implemented in accordance with Decree No. 116/2017/NĐ-CP dated October 17, 2017, of the Government on conditions for production, assembly, importation, and provision of automobile warranty and maintenance services.

Article 9. Effective Date [4]

This Circular takes effect from March 5, 2020./.

Appendix I

QUOTA FOR IMPORT OF USED AUTOMOBILES UNDER THE CPTPP AGREEMENT

(Issued with Circular No. 04/2020/TT-BCT dated January 22, 2020, on the import of used automobiles under the Comprehensive and Progressive Trans-Pacific Partnership Agreement)

From the year 2035 onwards, the number of used automobiles to be auctioned under the CPTPP agreement quota will remain at the same level as in 2034.

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[1] This Circular No. 08/2026/TT-BCT amending and supplementing certain provisions of Circular No. 04/2020/TT-BCT dated January 22, 2020, issued by the Minister of Industry and Trade on the auction of import quotas for used automobiles under the Comprehensive and Progressive Trans-Pacific Partnership Agreement is based on the following:

"Based on Law No. 64/2025/QH15 amended and supplemented by Law No. 87/2025/QH15;

Based on Law No. 5/2017/QH14 on Foreign Trade Management;

Based on Decree No. 40/2025/NĐ-CP of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade amended by Decree No. 109/2025/NĐ-CP and Decree No. 191/2025/NĐ-CP;

In accordance with a proposal from the Director of the Department of Import and Export;

The Minister of Industry and Trade issues this Circular amending and supplementing certain provisions of Circular No. 04/2020/TT-BCT dated January 22, 2020, issued by the Minister of Industry and Trade on the auction of import quotas for used automobiles under the Comprehensive and Progressive Trans-Pacific Partnership Agreement.”

[2] This provision is amended and supplemented in accordance with Article 1 of Circular No. 08/2026/TT-BCT amending and supplementing certain provisions of Circular No. 04/2020/TT-BCT dated January 22, 2020, issued by the Minister of Industry and Trade on the auction of import quotas for used automobiles under the Comprehensive and Progressive Trans-Pacific Partnership Agreement, effective from February 25, 2026.

[3] This provision is amended and supplemented in accordance with Article 2 of Circular No. 08/2026/TT-BCT amending and supplementing certain provisions of Circular No. 04/2020/TT-BCT dated January 22, 2020, issued by the Minister of Industry and Trade on the auction of import quotas for used automobiles under the Comprehensive and Progressive Trans-Pacific Partnership Agreement, effective from February 25, 2026.

[4] Article 4 of Circular No. 08/2026/TT-BCT amending and supplementing certain provisions of Circular No. 04/2020/TT-BCT dated January 22, 2020 by the Minister of Industry and Trade on auctioning import quotas for used motor vehicles under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) shall take effect from February 25, 2026, as follows:

Article 4. Implementation Clause

1. This Circular shall come into force on February 25, 2026.

2. The Decision No. 731/QĐ-BCT dated March 4, 2020 by the Minister of Industry and Trade amending Circular No. 04/2020/TT-BCT dated January 22, 2020 by the Minister of Industry and Trade on auctioning import quotas for used motor vehicles under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is hereby repealed.

[5] The phrase “Engine capacity ≤ 3,000 cm ³ (unit)” shall be amended to “Engine displacement ≤ 3,000 cm ³ (unit)” in accordance with the provisions of Clause 1 of Article 3 of Circular No. 08/2026/TT-BCT amending and supplementing certain provisions of Circular No. 04/2020/TT-BCT dated January 22, 2020 by the Minister of Industry and Trade on auctioning import quotas for used motor vehicles under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which shall take effect from February 25, 2026.

[6] The phrase “Engine capacity ≥ 3,000 cm ³ (unit)” shall be amended to “Engine displacement > 3,000 cm ³ (unit)” in accordance with the provisions of Clause 2 of Article 3 of Circular No. 08/2026/TT-BCT amending and supplementing certain provisions of Circular No. 04/2020/TT-BCT dated January 22, 2020 by the Minister of Industry and Trade on auctioning import quotas for used motor vehicles under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which shall take effect from February 25, 2026.