Decision No. 1370/2007/QĐ-BCA(C11) on the registration process, issuance of license plates, and management of road motor vehicles

Pursuant to …;

Issuing the registration, issuance of license plates, and management procedures for road motor vehicles

motorized road traffic

__________

THE MINISTER OF PUBLIC SECURITY

Based on the Road Traffic Law adopted by the National Assembly of the Socialist Republic of Vietnam at the 9th session of the 10th term on June 29, 2001;

Based on Government Decree No. 136/2003/NĐ-CP dated November 14, 2003, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the Police General Department,

Pursuant to …;:

Article 1. This Decision promulgates the "Procedures for Registration, Issuance of License Plates, and Management of Road Motor Vehicles."

Article 2. This Decision shall take effect 30 days from the date of signature and replace Decision No. 14/2002/QĐ-BCA(C11) dated January 7, 2002 of the Ministry of Public Security promulgating the Procedures for Registration and Management of Road Motor Vehicles.

Article 3. The General Directors, Heads of agencies under the Minister, Provincial Police Chiefs, and Chief of Police of centrally governed cities are responsible for implementing this Decision.

PROCEDURE

Registration, issuance of license plates, and management of Road Motor Vehicles

(Issued together with Decision No. 1370/2007/QĐ-BCA(C11) dated November 7, 2007 of the Minister of Public Security)

(of the Minister of Public Security in 2007)

__________________

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

These procedures specify the sequence of actions to be taken in registering, issuing license plates for road motor vehicles (hereinafter referred to as vehicle registration procedures).

Article 2. Duties, standards for officers and soldiers involved in vehicle registration

1. To thoroughly understand and strictly implement all legal regulations and the Ministry of Public Security's regulations on vehicle registration. To follow the vehicle registration procedures, democratic regulations to ensure traffic safety and order, police orders, and have good communication skills while providing excellent service to the public.

2. When performing vehicle registration duties, if violations related to vehicle registration work are discovered, immediate measures must be taken to prevent them. Violations must be handled promptly, within authority, and in accordance with legal provisions.

3. Must have a mid-level vocational education in public security or higher, with at least three years of continuous work experience in the traffic police force; proficient in using computers for vehicle management programs. They must undergo training in vehicle registration work (as specified by the General Directorate of Police) and obtain a "Traffic Police Vehicle Registration Certificate" (Form No. 01 attached) issued by the Director of the Highway Traffic Police Bureau - Railway Traffic Police Bureau; a "Traffic Police Motorcycle and Motorbike Registration Certificate" (Form No. 02 attached) issued by the Provincial Police Chief or Chief of Police of centrally governed cities.

Article 3. Organization of vehicle registration work

1. The Director of the Highway Traffic Police Bureau - Railway Traffic Police Bureau and the Provincial Police Chief or Chief of Police of centrally governed cities must allocate personnel and officers who meet the standards set out in Article 2 of these procedures to perform vehicle registration work.

2. The Registration Guidance Department of the Highway Traffic Police Bureau - Railway Traffic Police Bureau; the Highway Traffic Police Department of the Provincial Police or Chief of Police of centrally governed cities (hereinafter referred to as the Highway Traffic Police Department); the Police Departments of districts, counties, towns, and cities under provinces (collectively referred to as County Police Departments) must allocate and utilize personnel and officers appropriately to fully leverage their capabilities and enhance the effectiveness of the work.

3. The location for vehicle registration must be conveniently located, with suitable space, sufficient seating, parking areas for the public; equipped with necessary tools to meet the requirements of vehicle registration work; display diagrams indicating the workplace, nameplates of registration officers and soldiers; publicly disclose regulations on registration procedures, fees, schedules for serving the public; provide suggestion boxes, drinking water.

Chapter 2.

PROCEDURES FOR VEHICLE REGISTRATION AND LICENSE PLATE ISSUANCE

Article 4. Preparation work

1. Every day, staff members must arrive 15 minutes early to listen to instructions on tasks and new documents (if any) related to vehicle registration; check the operation of computers; prepare books, forms, license plates, fee receipts, and other tools necessary for vehicle registration work.

2. Organize and guide vehicle owners or authorized representatives (hereinafter referred to as vehicle owners) to complete vehicle registration procedures in an orderly and scientific manner; arrange vehicles in sequence at designated locations.

Article 5. When conducting vehicle registration, staff members must follow the following procedure

1. Guide vehicle owners to fill out the Vehicle Registration Application Form according to the prescribed model.

2. Inspect the actual vehicle: Directly compare the contents in the Vehicle Registration Application Form with the actual vehicle regarding brand, type, engine number, frame number, paint color, seating capacity, load capacity, and other technical specifications of the vehicle; stamp over the engine and frame numbers, clearly record name, date, month, year of inspection. For police-specific automobiles and motorcycles, conduct a safety technical inspection of the vehicle.

3. Check the file and randomly select a license plate on the computer

a. Receive the vehicle file: Compare and check the owner's documents; vehicle documents (transfer certificates; tax certificates and origin certificates) in accordance with regulations; sort files in order; Vehicle Registration Application Form; introduction letter, power of attorney (if any); tax certificates; transfer certificates; origin certificates. Number from the last document back to the Vehicle Registration Application Form.

b. Enter the owner's name, address, and vehicle characteristics into the computer such as brand, type number, engine number, frame number, paint color... (for financial leasing company vehicles registered under the lessee's address, the address should be recorded according to the request letter).

c. Guide the owner to press keys to randomly select a license plate on the computer and record it on the Vehicle Registration Application Form as prescribed.

d. Print the appointment notice according to the model.

4. Collect registration fees as stipulated by the Ministry of Finance.

5. Issue license plates.

6. Guide vehicle owners to mark license plates, load capacity, gross weight, owner's name, for automobile types (except those with nine seats or fewer) as prescribed.

7. Print the Vehicle Registration Certificate.

For police-specific automobiles and motorcycles, if they meet the safety technical requirements, print the Safety Technical Inspection Certificate and Environmental Protection Certificate for Motor Vehicles.

8. Review the file, report to the Head of the Department to guide the management of motor vehicle registration and traffic police to review and submit to the Director of the Highway Traffic Police Corps - Railway Traffic Police Bureau; the Head of the Registration Team to review and submit to the Head of the Traffic Police Department or the Team Leader responsible for vehicle registration work to review and submit to the County Chief of Public Security to sign the vehicle registration documents as prescribed.

9. Laminate and return the Vehicle Registration Certificate, Safety Technical Inspection Certificate and Environmental Protection Certificate for Motor Vehicles (for police vehicles) and collect the appointment notice.

10. Stamp the origin certificate according to regulations in the upper right corner: "Vehicle registered on... day... month... year..., license plate number...".

11. Transfer the vehicle registration file to the staff member managing the file.

12. At the end of the working day, report the results of vehicle registration as prescribed.

Article 6. Transfer Registration within the Province or Central City

1. Acceptance of transfer registration dossier.

2. Issue withdrawal slip for original dossier.

3. Implement Clause 1, Clause 2; Point a, b, d Clause 3; Clause 4, 7, 8, 9, 11 Article 5 of this Procedure.

In case of motorcycles or motor vehicles transferring registration to another district, the dossier must include a transfer registration movement form, along with the original dossier.

If the vehicle needs to change to a different type of license plate according to regulations, then Point c Clause 3; Clause 5 Article 5 of this Procedure must also be implemented.

Article 7. Transfer Registration outside the Province or Central City

1. Acceptance of transfer registration dossier.

2. Collect license plates, registration certificates.

3. Issue withdrawal slip for original dossier.

4. Check and compare the transfer registration declaration, registration certificate, and vehicle transfer documents with the original dossier as prescribed.

5. Supplement the content of the transferred registration movement into the computer system; print two transfer registration forms according to the model; print temporary registration certificate.

6. Cut the upper right corner of the front side of the registration certificate.

7. Report to leadership for signing the transfer registration declaration, transfer registration form, and temporary registration certificate.

8. Seal the original dossier with a cross-stitch stamp. The declaration, transfer registration form, registration certificate, and vehicle transfer documents should be pinned outside the sealed dossier.

9. Issue a temporary registration certificate and guide the vehicle owner to affix the license plate according to regulations.

10. Return the movement dossier to the vehicle owner.

11. Hand over the declaration, transfer registration form (retained copy) to the file management staff.

Article 8. Temporary Registration

1. Check the vehicle owner's documents, registration declaration, and compare the photocopied dossier with the temporary registration dossier as prescribed.

2. Implement Point b Clause 3; Clause 4, 5, 7, 8, 9, 11 Article 5 of this Procedure. Return the original dossier to the vehicle owner (except for deregistered vehicles).

In case of extending the validity period of the temporary registration certificate, the initial temporary registration certificate must be collected, retained in the dossier, and a new temporary registration certificate issued (no need for a registration declaration).

Article 9. Change, Reissue Registration Certificate, License Plate; or Vehicle Modification, Color Change

1. Acceptance of registration declaration; official letter (for organizations) or personal commitment letter.

2. Inspect the actual vehicle (vehicle modification, color change).

3. Issue withdrawal slip for dossier, check the vehicle dossier as prescribed.

4. Supplement the content of change, reissue registration certificate, license plate into the computer system.

5. Implement Point d Clause 3; Clause 4; Clause 5 (change, reissue license plate); Clause 7 (change, reissue registration certificate); Clause 8, 9, 11 Article 5 of this Procedure.

6. Stamp "Reissued for the ... time" on the upper right corner of the registration declaration. For change, reissue registration certificate, stamp additionally on the front of the registration certificate (above the registration certificate line).

7. In case the dossier serves as registration documents for a complete engine or frame to replace another vehicle, the entire dossier will be used as documentation for that complete part (including registered and unregistered vehicle dossiers).

Article 10. Civil Registration for Military Vehicles; Registration According to Operational Requirements

1. For military vehicles registering for civil license plates:

a. Acceptance of vehicle dossier, official letter requesting from the Ministry of National Defense leadership with approval from the Ministry of Public Security leadership;

b. Implement Article 5 of this Procedure.

2. Registration according to operational requirements:

a. Acceptance of request, with approval from the Ministry of Public Security leadership or the Police General Corps leadership (at central level); Provincial or City Public Security Director (at local level).

b. The registration dossier must be complete as prescribed. In case of already registered vehicles, a copy of the registration certificate must be provided.

c. Implement Article 5 of this Procedure.

Article 11. Striking out vehicle registration

1. Accept the declaration form for striking out vehicle registration.

2. Collect license plates and Registration Certificates, issue appointment slips.

3. Issue withdrawal slip for original dossier.

4. Input the content of striking out registration into the computer. Print two certificates of striking out vehicle registration according to the model.

In case of striking out vehicle registration to obtain chassis or engine for replacement on another vehicle, print the certificate of striking out vehicle registration according to regulations; at the same time, confirm on the back of the certificate of striking out vehicle registration issued for the chassis or engine.

5. Cut the upper right corner of the front side of the Registration Certificate.

6. Report to the Director of the Department (at the Ministry); the Head of Traffic Police Department, the Head of the County Police (at the local level) to sign the certificate of striking out the Registration Certificate.

7. Issue temporary Registration Certificates for automobiles undergoing procedures for striking out to be re-exported or transferred within Vietnam; project vehicles that have been exempted from import tax now being transferred to other purposes; vehicles registered in economic and trade zones as prescribed by the Government when being re-exported or transferred into Vietnam.

8. Return the certificate of striking out the Registration Certificate to the vehicle owner.

9. Transfer the file, certificate of striking out vehicle registration (retained copy) to the staff managing the files.

Article 12. Management of forms and license plates in vehicle registration work

Forms for automobile registration; motorcycle and motorbike registration; trailer registration; temporary vehicle registration; certificate of technical safety inspection and environmental protection for road motor vehicles; license plates must be managed strictly in accordance with the regulations of the Ministry.

1. The Highway and Railway Traffic Police Department is responsible for managing, inspecting, and printing forms at the Ministry's printing factory for local police including: automobile registration; motorcycle and motorbike registration; trailer registration; temporary vehicle registration; certificate of technical safety inspection and environmental protection for road motor vehicles.

2. The Traffic Police Department bases the number of registered vehicles to print forms as stipulated in Clause 1 of this Article with the Highway and Railway Traffic Police Department; produce license plates, print other forms to meet the requirements of local vehicle registration work; distribute to the County Police.

3. The County Police must periodically settle accounts for forms and license plates with the Traffic Police Department every six months.

Article 13. Management of the vehicle registration program on computers

Uniformly use the vehicle registration program, randomly select license plates on computers nationwide.

1. The Highway and Railway Traffic Police Department is responsible for building and managing the vehicle registration program, randomly selecting license plates on computers.

2. The Provincial Public Security Director instructs the Traffic Police Department to accept the vehicle registration program, randomly select license plates on computers to install and set up the computer program for County Police in accordance with regulations.

Article 14. Information Reporting System

1. In regular reports (weekly, monthly, annually), the County Police and the Traffic Police Departments of provinces and centrally-administered cities must report the situation and results of vehicle registration and management work as prescribed.

2. Regarding the vehicle registration database

- Periodically, weekly and monthly, the County Police must compile and transfer the vehicle registration data to the Traffic Police Department.

- At the end of each month, the Traffic Police Department must transfer the vehicle registration data of their locality onto CDs or floppy disks or transmit it to the Highway and Railway Traffic Police Department.

- The Highway and Railway Traffic Police Department is responsible for managing the national vehicle registration database to serve management needs and operational requirements.

Chapter 3.

RESOLUTION OF SOME SITUATIONS IN VEHICLE REGISTRATION WORK

Article 15. General Principles

1. The Traffic Police Department shall guide the resolution of difficulties and issues in vehicle registration work at district-level police agencies in accordance with regulations. For new issues that have not yet been addressed by guiding documents, the Traffic Police Department shall advise the Director of the provincial or municipal police to report to the Ministry (through the General Police Department).

2. For difficulties related to local departments such as Finance; Customs; Transportation; Courts; Procuratorates; enforcement agencies, etc., the Traffic Police Department shall advise the Director of the provincial or municipal police to issue a letter for exchange to reach a unified solution.

3. Registration officers, upon receiving vehicle registration files that do not meet procedural requirements, must provide full and accurate guidance to the vehicle owners, record the guidance content on the back of the application form; sign with their full name, date, month, year, and bear responsibility for such guidance. When the owner has supplemented the file according to the guidance, the registration file shall be accepted. Strictly prohibit abuse, corruption, or accepting files through intermediaries.

Article 16. Numbering Engine Numbers and Frame Numbers

1. Objects for numbering engine numbers and frame numbers

a. Imported vehicles without engine numbers or frame numbers; if the import origin declaration of the Customs does not indicate them or they cannot be found, then number them according to the registration plate number.

- In cases where the engine number or frame number of the vehicle (registered or unregistered) has Etiket numbers, numbers painted on, or numbers that are blurred or rusted, they may be renumbered according to the numbers confirmed by the Customs authority in the Vehicle Import Origin Declaration.

- In cases where temporary imported vehicles for diplomats or international organizations have engines covered by equipment making it impossible to number the engine, only the frame number shall be registered.

b. Vehicles produced or assembled domestically

- Vehicles with engine numbers or frame numbers stamped (lade) or numbers that are blurred and unclear shall be renumbered according to the engine numbers and frame numbers recorded in the quality inspection certificate for factory release.

- Vehicles with overlapping engine numbers or frame numbers must undergo appraisal. If the appraisal agency concludes that the engine numbers and frame numbers are original, they shall be renumbered according to the engine numbers and frame numbers recorded in the quality inspection certificate for factory release.

c. In cases where a vehicle has already been registered and the engine has been replaced or the engine block has been replaced without an engine number, the number shall be assigned according to the registration plate number.

d. Vehicles subject to confiscation decisions or decisions on handling evidence or investigative conclusions: If the engine numbers or frame numbers are scratched, erased, or cannot be determined as original, they shall be renumbered according to the registration plate number.

2. Prepare a proposal for numbering engine numbers and frame numbers (Form No. 03 attached) for approval by the Director of the Highway and Railway Traffic Police Bureau (at the Ministry); the Head of the Traffic Police Department, and the Head of the district-level police agency (at the locality).

3. Implement numbering of engine numbers and frame numbers.

4. Stamp the newly numbered engine numbers and frame numbers onto the position in the Vehicle Registration Application Form.

Article 17. Cases Where the Vehicle Registration File Contains Suspected Fake Origin Documents, Erased Documents; Vehicles with Engine Numbers or Frame Numbers Matching Those of Stolen Vehicles or Suspected of Being Welded, Erased, or Re-engraved

1. Report to the Director of the Highway and Railway Traffic Police Bureau (at the Ministry); the Head of the Traffic Police Department, and the Head of the district-level police agency (at the locality) for advice. If the leadership decides to temporarily detain the vehicle or the file, a record shall be made and a detention decision issued (including two copies: one given to the owner, one retained by the registration agency).

2. Within the latest two days from the date of the detention decision, the registration agency must request a forensic scientific examination from the relevant agency. Within ten days from the date of receipt of the examination request, the examining agency must provide a response in writing.

a. If the examination agency concludes that the vehicle's origin documents are not fake or erased, and the engine numbers and frame numbers remain original, proceed with registration.

b. If the examination agency concludes that the import origin documents are fake or erased, or the engine numbers and frame numbers have been welded, erased, or re-engraved, transfer the case to the same-level investigation agency for verification and handling in accordance with the law; simultaneously notify the owner.

c. If the engine numbers or frame numbers are erased or re-engraved, but the investigation agency concludes that the vehicle is not a counterfeit or smuggled vehicle, the vehicle's origin documents comply with regulations, and there is no commercial fraud, and the Vietnam Vehicle Inspection Center under the Ministry of Transport can determine the production year (still within the validity period), impose administrative penalties and proceed with registration.

Article 18. In cases where procedures for transferring ownership, moving, changing, reissuing registration certificates, license plates, or during file reviews, fake origin documents or erased documents are discovered.

1. Implement according to Article 17 of this Procedure.

2. If there is a written conclusion from the investigation agency that the vehicle is smuggled but not evidence in a case, then implement:

a. Write a proposal to the Director of the Highway Traffic Police Department (at the central level) or the Provincial Public Security Director (at the local level) to transfer to the Customs Department or the local Tax Department to recover taxes as prescribed.

b. Send a letter to the Customs Department or the local Tax Department, along with the file, guiding the vehicle owner to contact for resolution.

c. After the vehicle owner pays the prescribed tax, accept the registration according to Article 5 of this Procedure.

Article 19. Vehicle registration based on decisions of competent authorities at various levels.

1. Implement according to Article 5 of this Procedure.

2. In cases of complaints, guide them to the authority issuing the decision for resolution.

3. In cases where a registered vehicle has been confiscated for state funds, write a notification to the Public Security Office where the vehicle was registered.

4. For vehicles confiscated for state funds, if the decision does not include engine or frame numbers, but these numbers are found during registration, send for appraisal; if it is determined that the vehicle has no signs of tampering, propose to number the engine or frame according to the license plate number and proceed with registration.

Article 20. Registration of tractor-trailers and semi-trailers from previously registered semi-trailers.

1. For tractor-trailers: Use the original file and old license plates of the semi-trailer.

2. For semi-trailers: Use a copy of the original file of the semi-trailer (confirmed by the Traffic Police Department).

Article 21. Cases of transferring ownership or moving vehicles where the owner loses the original file.

1. Guide the owner to submit a written request (for organizations) or a personal declaration confirmed by local authorities (for individuals).

2. Check and compare the owner's documents.

3. The Public Security Office handling the transfer confirms a copy of the Declaration Form and the Transfer Registration Form.

4. The Public Security Office accepting the registration publicly posts the loss of the file at its reception area. After 30 days without discovering any violations or disputes, proceed with registration and report to the Highway Traffic Police Department.

5. In cases of doubt, report to the Director (at the Ministry), the Provincial Public Security Director (at the local level) for instructions to verify and clarify.

Article 22. Cases where transferred files do not meet procedural requirements.

1. Implement Clause 3 of Article 15 of this Procedure.

2. Within two days of receiving the transferred file, the registration authority must send a letter to the transferring office, clearly stating the reasons for non-acceptance and requesting supplementation. The letter should be accompanied by the sealed file returned to the owner.

3. Within three days from receiving the request letter, the Public Security Office transferring the file must supplement the full file. If the two localities cannot agree on a solution, the transferring Public Security Office reports to the Provincial Public Security Director for a written opinion from the General Administration of Police (through the Highway Traffic Police Department).

4. In cases where the transferred file lacks signatures of leaders of the Room or Team, registration officers, or stamps on the Registration Declaration Form or the Transfer Registration Declaration Form or Vehicle Registration; errors in the address list or a single character mistake in the engine or frame number: Propose the Head of the Registration Management Guidance Section (at the Bureau) or the Head of the Traffic Police Room, the Head of the County Public Security Office to accept and resolve the registration.

5. For files of vehicles registered before Circular No. 01/2007/TT-BCA(C11) dated January 2, 2007, of the Ministry of Public Security took effect (February 8, 2007): In cases where cars require an Import Origin Declaration Form but lack a copy of the Special Consumption Tax receipt (if required) or the file lacks a connected invoice, a photocopy of the driver's license, registration fee receipt, or vehicle body modification procedures but have already received a Road Transport Safety Technical Inspection Certificate from the Transportation Department, propose the Head of the Registration Management Guidance Section (at the Bureau) or the Head of the Traffic Police Room, the Head of the County Public Security Office to accept and resolve the registration.

6. Write a letter to the transferring office informing about the missing items to learn from the cases mentioned in Points 4 and 5 of this Article.

Article 23. In case the vehicle has been transferred but the name change procedures have not yet been completed and the vehicle registration is lost     

1. Accept the official letter requesting (for agencies, organizations) or the declaration form (for individuals) from the transferee.

2. Check and compare the identity documents of the vehicle buyer and valid transfer documents.

3. Publicly announce the name, address, license plate number, frame number, engine number of the vehicle owner at the registration place. After 15 days, if there is no dispute or complaint, proceed with registration, name change, and movement according to Articles 6 or 7 of this Procedure.

In case the vehicle is being transferred within the province, print the verification response form for the vehicle (according to Form No. 04 attached) to be given to the vehicle buyer to complete the stamp duty payment procedure.

Article 24. In case the vehicle file is lost, damaged, or missing

1. The staff managing the files must write a self-criticism report and detailed account of the loss, damage, or disappearance of the files to report to the Director of the Highway Police Traffic Management Bureau (at the Ministry), the Provincial Police Chief, or the Chief of the Central City Police Department (at the local level).

2. Establish a Committee to determine the cause, prepare a record for each specific vehicle file, and this record will replace the original file of the vehicle, stored and managed according to the file management system. The Committee includes:

a. At the Ministry: The Committee is chaired by the Director of the Highway Police Traffic Management Bureau; the Head of the Force Construction and Logistics Department and the Head of the Vehicle Registration and Management Guidance Department of the Highway Police Traffic Management Bureau are members.

b. At the Provincial Police Department: The Provincial Police Chief chairs the Committee; the Inspector General and the Head of the Provincial Highway Police Traffic Management Department are members. If the vehicle file is lost at the district level, the Committee also includes the District Police Chief as a member.

3. For staff managing the vehicle files who lose or damage them, depending on the nature and degree of the violation, responsibility will be assessed and strict action taken.

Article 25. Destroying damaged forms, old license plates recovered, and temporary vehicle registration files

Every six months, the Head of the Vehicle Registration and Management Guidance Department or the Head of the Highway Police Traffic Management Department, or the District Police Chief must report to the Committee specified in Clause 2 of Article 24 of this Procedure; prepare a record of destroying damaged vehicle registration forms and old license plates (due to name change and movement, license plate replacement, breakage, recovery), and temporary vehicle registration files. The destruction record must clearly state the quantity of each type, license plate numbers, serial numbers of the registration forms, and destroyed forms.

Chapter 4.

IMPLEMENTATION

Article 26. The Director of the National Police Administration is responsible for directing, inspecting, and guiding the Highway Police Traffic Management Bureau, related bureaus under the Ministry of Public Security, and provincial police departments to implement this Procedure.

Article 27. The Director of the Highway Police Traffic Management Bureau and the Provincial Police Chiefs are responsible for inspecting, urging, and organizing highway traffic police forces to strictly follow this Procedure./.