Circular No. 13/2021/TT-BGTVT amending and supplementing certain articles of Circular No. 21/2018/TT-BGTVT dated April 27, 2018, issued by the Minister of Transport, concerning the registration of railway transport vehicles and the movement thereof in special cases.

CIRCULAR

Amending and supplementing some articles of Circular No. 21/2018/TT-BGTVT dated April 27, 2018 issued by the Minister of Transport on registration of railway transport vehicles and movement of railway transport vehicles in special cases

Pursuant to the Railway Law dated June 16, 2017;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Transport Department and the Director of the Vietnam Railway Administration,

The Minister of Transport issues this Circular to amend and supplement some articles of Circular No. 21/2018/TT-BGTVT dated April 27, 2018 issued by the Minister of Transport on registration of railway transport vehicles and movement of railway transport vehicles in special cases.

Circular No. 03/2023/TT-BCA Circular No. 21/2018/TT-BGTVT dated April 27, 2018 issued by the Minister of Transport on registration of railway transport vehicles and movement of railway transport vehicles in special cases

2. Amending and supplementing Article 7 as follows:

“1. Special-purpose vehicles moving on railways are vehicles used for transporting people, materials, and equipment for purposes such as rescue; accident rescue of railway traffic; inspection, maintenance, and repair of railway construction projects.”

2. Amending and supplementing Clause 2 Article 5 as follows:

“2. Legal documents of the vehicle include:

a) Proof of payment of stamp duty (if applicable);

b) Purchase, gift, or donation contracts; decision on vehicle transfer. For foreign-language documents of the vehicle, a notarized Vietnamese translation must be submitted; sales invoices from the issuing organization if the sold vehicle has been transferred through multiple organizations or individuals, only the final sales invoice from the selling organization or individual is required when applying for issuance of the Certificate of Registration; Quality, technical safety, and environmental protection certificate of the vehicle issued by the Vietnamese Inspection Organization or foreign inspection organization authorized by the Minister of Transport, still valid.”

3. Amend and supplement Clause 4 of Article 5 as follows:

“4. In addition to the documents stipulated in Clause 2 of Article 2 of this Circular, imported vehicles must also have a customs declaration form for imported vehicles or an electronic customs declaration that has been cleared.”

4. AMENDING AND SUPPLEMENTING ARTICLE 6 AS FOLLOWS:

“Article 6: Documents for Reissuing the Certificate of Registration

1. Documents for reissuing the Certificate of Registration in case of ownership transfer

The documents include the following legal papers related to the vehicle:

a) Application for reissuing the Certificate of Registration by the owner of the vehicle according to the model prescribed in Appendix 2 of this Circular;

b) Certificate of Registration;

c) Valid quality, technical safety, and environmental protection certificate of the vehicle;

d) Gift, donation, purchase contract, sales invoice of the vehicle; decision on vehicle transfer;

đ) Proof of payment of stamp duty (if applicable).

2. Documents for reissuing the Certificate of Registration in case of change in usage function or main technical parameters

The documents include the following legal papers related to the vehicle:

a) Application for reissuing the Certificate of Registration by the owner of the vehicle according to the model prescribed in Appendix 2 of this Circular;

b) Certificate of Registration before the vehicle changes its usage function or main technical parameters;

c) Valid quality, technical safety, and environmental protection certificate of the vehicle.

3. Documents for reissuing the Certificate of Registration in case of damage to the Certificate of Registration

The documents include the following legal papers related to the vehicle:

a) Application for reissuing the Certificate of Registration by the owner of the vehicle according to the model prescribed in Appendix 3 of this Circular;

b) Damaged Certificate of Registration.

4. Documents for reissuing the Certificate of Registration in case of loss of the Certificate of Registration: Application for reissuing the Certificate of Registration according to the model prescribed in Appendix 3 of this Circular.”

5. Amending and supplementing Article 7 as follows:

“Article 7. Documents for requesting the recovery or cancellation of the Registration Certificate

1. A request form for the recovery or cancellation of the Registration Certificate according to the model prescribed in Appendix 4 of this Circular.

2. The legal Registration Certificate of the vehicle.”

6. AMENDING AND SUPPLEMENTING ARTICLE 8 AS FOLLOWS:

“Article 8. Procedures and time limits for issuing, reissuing, recovering, or canceling the Registration Certificate

1. Methods of Submitting Documents

The owner of the vehicle shall submit one set of documents for requesting issuance, reissuance, recovery, or cancellation of the Registration Certificate to the Vietnam Railway Administration through one of the following methods: directly, via the online environment, via the postal system, or other appropriate methods.

2. The Vietnam Railway Administration receives and examines the documents

a) In case of direct submission of documents

Immediately upon receipt of the documents, the Vietnam Railway Administration will examine the documents in accordance with the provisions of this Circular. If the documents are not complete as required, the Vietnam Railway Administration will guide the owner of the vehicle to supplement and complete the documents in accordance with the regulations;

b) In case of submission of documents via the online environment at the Ministry of Transport's Public Service Portal at the website https://dichvucong.mt.gov.vn or the National Public Service Portal for registration

The owner of the vehicle will receive information about the progress of processing the submitted documents from the Vietnam Railway Administration through: email, phone message, the owner's account on the Ministry of Transport's Public Service Portal or the National Public Service Portal. The Vietnam Railway Administration will check the declaration documents of the vehicle owner on the online environment. If the documents are not complete as required, within one working day from the date of receiving the documents via the online environment, the Vietnam Railway Administration will guide the owner of the vehicle to supplement and complete the documents in accordance with the regulations;

c) In case of receiving documents via the postal system or other appropriate methods. The Vietnam Railway Administration will receive and examine the documents. If the documents are not complete as required, within two working days from the date of receiving the documents, the Vietnam Railway Administration will guide the owner of the vehicle to supplement and complete the documents in accordance with the regulations.

3. Issuing, reissuing the Registration Certificate

Within no more than three working days from the date of receiving complete and correct documents in accordance with the regulations and the owner of the vehicle has fulfilled their financial obligations, the Vietnam Railway Administration is responsible for issuing or reissuing the Registration Certificate. In case of non-issuance, the Vietnam Railway Administration will issue a written response to the owner of the vehicle and clearly state the reasons, except in cases where the Registration Certificate is requested to be reissued due to loss.

4. Reissuing the Registration Certificate in case of loss

a) Based on the vehicle's documents, the Vietnam Railway Administration will consider and issue to the owner of the vehicle a certificate confirming the declaration of loss of the Registration Certificate according to the model prescribed in Appendix 6 of this Circular;

b) The time limit for considering and resolving the reissuance of the Registration Certificate is thirty days from the date the Vietnam Railway Administration receives the application for reissuance of the Registration Certificate and the owner of the vehicle has fulfilled their financial obligations. In case of non-reissuance of the Registration Certificate, the Vietnam Railway Administration will issue a written response to the owner of the vehicle and clearly state the reasons.

5. Recovery or cancellation of the Registration Certificate

Within three working days from the date of receiving the documents in accordance with this Circular, the Vietnam Railway Administration will send a written notice to the owner of the vehicle to inform them of the results of the recovery or cancellation of the Registration Certificate.

7. Supplement Clause 3 to Article 17 as follows:

“3. Within no more than three working days from the date of receiving the notification of the results of the recovery or cancellation of the Registration Certificate from the Vietnam Railway Administration, the owner of the vehicle is responsible for returning the original Registration Certificate of the vehicle. The owner bears full responsibility under the law if they fail to comply with this provision.”

Article 2. Implementation clause

This Circular takes effect from October 1, 2021.

Article 3. Implementation Organization

Director of the Office of the Ministry, Inspector General of the Ministry, Heads of Departments, Director of the Vietnam Railway Administration,Heads of agencies, units, and individuals concerned are responsible for implementing this Circular./.