Circular No. 12/2008/TT-BCA(C11) amending and supplementing Circular No. 01/2007/TT-BCA-C11 on the organization of registration and issuance of license plates for road motor vehicles.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 01/2007/TT-BCA-C11

dated January 2, 2007 of the Ministry of Public Security on the organization of registration and issuance of license plates for motor vehicles

The Circular on road traffic

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Pursuant to the Road Traffic Law dated June 29, 2001;

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;

In order to continue implementing administrative reform in vehicle registration and license plate issuance work, the Ministry of Public Security amends and supplements certain provisions of Circular No. 01/2007/TT-BCA-C11 dated January 2, 2007 of the Ministry of Public Security on the organization of vehicle registration and license plate issuance as follows:

1. Clause 3 Section I shall be amended and supplemented as follows:

"3. Responsibilities of the vehicle registration authority

3.1. The vehicle registration authority shall perform its duties in accordance with this Circular and other relevant laws concerning vehicle registration and license plate issuance.

It is strictly prohibited to establish additional procedures for vehicle registration contrary to the provisions of this Circular.

3.2. Staff receiving vehicle registration applications must check and compare the application with the vehicle if they are complete and comply with the prescribed procedures, then process them within the specified time limit; in cases where the application does not meet the required procedures, they must provide specific and detailed guidance for the vehicle owner to supplement the necessary information and bear responsibility for such guidance.

3.3. For new registration and license plate issuance applications; transfer of ownership, change of registration and license plate issuance applications, or applications previously registered and stored at the vehicle registration authority and now handed over to the vehicle owner for self-management, the registration staff must stamp the title "OWNER SELF-MANAGEMENT FILE" (model number 07 issued together with this Circular) in the middle of each page of the documents handed over to the vehicle owner according to regulations."

2. Clause 4 Section I shall be amended and supplemented as follows:

"4. Responsibilities of the vehicle owner

4.1. Must have complete documentation as required and bear legal responsibility for the legality of the documentation and vehicle presented for registration.

4.2. Pay registration fees and license plate fees as prescribed.

4.3. Receive and manage all documents in the vehicle registration file returned by the vehicle registration authority and present them to competent authorities when requested or hand them over to the buyer or recipient of the vehicle.

4.4. In cases of transferring ownership, changing registration, or reissuing registration and license plates, the vehicle owner only needs to submit the documents specified in points 1, 2, 3 of Part B and points 1, 2 of Part C, Clause 3, Section II of this Circular.

4.5. Strictly prohibit any fraudulent acts involving documentation, tampering with engine numbers, or frame numbers for vehicle registration."

3. Point 3.1.2 Clause 3 Part A Section II shall be amended and supplemented as follows:

"3.1.2. Personal purchase, gift, or transfer agreements must be confirmed by the employer or authenticated by the seller or giver according to the provisions of Decree No. 79/2007/NĐ-CP dated May 18, 2007 of the Government regarding the issuance of certified copies from original records, authentication of copies from originals, and authentication of signatures and guiding documents for implementation."

4. Clause 1 Section III shall be amended and supplemented as follows:

"1. Vehicle file management

1.1. Vehicle registration files shall be managed according to the file system of the Ministry of Public Security; vehicle information data shall be uniformly managed on computer systems; monthly, the vehicle registration authority shall report registration and management data to the General Department of Highway and Railway Traffic Police for monitoring and management. Any violation of the file management system resulting in loss or misplacement of files must be promptly detected and severely punished.

1.2. Vehicle files stored at the vehicle registration authority include:

1.2.1. The following documents in the vehicle file:

a) Vehicle registration declaration form;

b) Proof of origin of the vehicle as stipulated in Clause 3.3 Part A Section II of this Circular.

In cases of imported vehicles exempted from tax and used for more than 10 years, according to the zero percent tax rate regulation of the Ministry of Finance, additional storage includes: Non-trade import declaration form or supplementary tax declaration form for import duties and special consumption taxes or proof of origin of the vehicle as defined in previous Circulars issued by the Ministry of Public Security.

In cases of vehicle transfer of ownership or change of owner, additional storage includes: Old registration certificate; Transfer form.

1.2.2. Full registration files for the following cases:

a) Vehicles temporarily imported without customs duties as prescribed;

b) Vehicles with license plates 74 LB belonging to the Special Economic Zone - Lao Bao, Quang Tri Province;

c) Vehicles purchased, gifted, or transferred without a change of ownership;

d) Vehicles with altered or tampered engine numbers or frame numbers;

đ) Files with disputes or complaints, files serving operational purposes;

e) Vehicles that have exceeded their service life as prescribed by the Government, the registration shall be canceled, and after one year, the vehicle registration authority shall report to the Council for file cancellation according to regulations."

1.3. Documents in the vehicle file handed over to the vehicle owner for self-management are those specified in Parts A, B, and C, Section II of this Circular, except for the documents and files specified in point 1.2 Clause 1 Section III of this Circular.

5. Implementation organization

5.1. This Circular shall take effect 15 days after its publication in the Official Gazette.

5.2. The Director of the General Department of Highway and Railway Traffic Police, the Provincial Police Chiefs, and the Chief of the Municipal Police Departments directly under the Central Government shall be responsible for implementing this Circular.

5.3. The Director of the General Administration of Public Security shall be responsible for directing, guiding, inspecting, and urging the implementation of this Circular.

During the implementation process, if any issues arise, they should be reported to the Ministry of Public Security (through the General Administration of Public Security) for timely guidance.