Circular No. 15/2022/TT-BCA Amending and supplementing certain Articles of Circular No. 43/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security on the procedures for issuing and revoking certificates of eligibility for security and public order and conducting examinations to issue security business certificates; Circular No. 45/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security on the procedures for registering seal models, revoking and destroying seals, and inspecting the management and use of seals; Circular No. 58/2020/TT-BCA dated June 16, 2020 of the Minister of Public Security on the procedures for issuing and revoking registration and license plates for motor vehicles; Circular No. 65/2020/TT-BCA dated June 19, 2020 of the Minister of Public Security on the tasks, powers, forms, contents, and procedures for traffic police patrols, inspections, and administrative violations handling on road traffic; Circular No. 68/2020/TT-BCA dated June 19, 2020 of the Minister of Public Security on the procedures for patrols, inspections, and administrative violations handling by waterway police.

CIRCULAR

Amending and supplementing some articles of Circular No. 43/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security on the procedures for issuing and revoking Certificates of Eligibility for Security and Order Conditions and conducting examinations to issue Security Profession Certificates; Circular No. 45/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security on the procedures for registering stamp models, revoking and destroying stamps, invalidating the use of stamps, and inspecting the management and use of stamps; Circular No. 58/2020/TT-BCA dated June 16, 2020 of the Minister of Public Security on the procedures for issuing and revoking registration and license plates for motor vehicles; Circular No. 65/2020/TT-BCA dated June 19, 2020 of the Minister of Public Security on the tasks, powers, forms, contents, and procedures for traffic patrols, control, and administrative violation handling by Traffic Police; Circular No. 68/2020/TT-BCA dated June 19, 2020 of the Minister of Public Security on the procedures for patrolling, controlling, and handling administrative violations by Waterway Police; Circular No. 73/2021/TT-BCAMinistry of Public Security dated June 29, 2021 of the Minister of Public Security on the templates for passports, travel documents, and related formspassport sample, travel document, and related forms

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to the Civil Code on November 24, 2015;

Pursuant to the Law on People's Police dated November 20, 2018;

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;

BASED ON THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF 37 LAWS RELATED TO PLANNING dated November 20, 2018;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to Decree No. 123/2021/NĐ-CP dated December 28, 2021 of the Government amending and supplementing some articles of Decrees on administrative penalties in the maritime sector; road and railway transport; civil aviation;

Pursuant to Decree No. 96/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for security and order for certain business sectors with conditional investment;

Pursuant to Decree No. 99/2016/NĐ-CP dated July 1, 2016 of the Government on the management and use of stamps;

Pursuant to Decree No. 61/2018/NĐ-CP dated April 23, 2018 of the Government on implementing a single window mechanism for administrative procedures;

Pursuant to Decree No. 76/2020/NĐ-CP dated July 1, 2020 of the Government detailing the objects, procedures, authorities for issuing, revoking, and invalidating the use of travel documents;

Pursuant to Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on the implementation of administrative procedures in electronic environments;

Pursuant to Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government on the list, management, and use of technical equipment and procedures for collecting and using data obtained from technical equipment provided by individuals and organizations to detect administrative violations;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Legal Reform and Administrative Justice Bureau;

The Minister of Public Security issues this Circular amending and supplementing some articles of Circular No. 43/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security on the procedures for issuing and revoking Certificates of Eligibility for Security and Order Conditions and conducting examinations to issue Security Profession Certificates; Circular No. 45/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security on the procedures for registering stamp models, revoking and destroying stamps, invalidating the use of stamps, and inspecting the management and use of stamps; Circular No. 58/2020/TT-BCA dated June 16, 2020 of the Minister of Public Security on the procedures for issuing and revoking registration and license plates for motor vehicles; Circular No. 65/2020/TT-BCA dated June 19, 2020 of the Minister of Public Security on the tasks, powers, forms, contents, and procedures for traffic patrols, control, and administrative violation handling by Traffic Police; Circular No. 68/2020/TT-BCA dated June 19, 2020 of the Minister of Public Security on the procedures for patrolling, controlling, and handling administrative violations by Waterway Police; Circular No. 73/2021/TT-BCA dated June 29, 2021 of the Minister of Public Security on the templates for passports, travel documents, and related forms.

Article 1. Amend and supplement some provisions of Circular No. 43/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security on the procedures for issuing and revoking Certificates of Compliance with Security and Public Order Conditions and conducting professional security examinations and issuing Professional Security Certificates as follows:

1. Amend Clause 1 of Article 3 as follows:

"1. When receiving applications from business establishments requesting issuance of Certificates of Compliance with Security and Public Order Conditions as prescribed in Articles 19, 20, 21, and 22 of Decree No. 96/2016/NĐ-CP, the receiving officers shall be responsible for checking the information, components, and validity of the application and shall perform the following actions:

a) In cases where the application is received directly: If the application is complete, the officer shall record the receipt on the Application Receipt Form according to Model DK1a issued together with Circular No. 42/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security detailing certain provisions of Decree No. 96/2016/NĐ-CP dated July 1, 2016 on conditions related to security and public order for certain business sectors (hereinafter referred to as Circular No. 42/2017/TT-BCA) and hand it directly to the person submitting the application; If the application is incomplete, the officer shall record guidance on completing the application on the Application Completion Guidance Form according to Model DK2 issued together with Circular No. 42/2017/TT-BCA and hand it directly to the person submitting the application. After the business establishment has completed the application, the officer shall return the Application Receipt Form according to Model DK1a issued together with Circular No. 42/2017/TT-BCA; If the application does not meet the requirements, the officer shall not accept the application and must clearly state the reasons to the applicant or send a Notification regarding the non-compliance of the application according to Model DK3 issued together with Circular No. 42/2017/TT-BCA when requested by the business establishment.

b) In cases where the application is received through public postal services: If the application is complete, the officer shall send the Application Receipt Form according to Model DK1a issued together with Circular No. 42/2017/TT-BCA through the delivery service of the unit or public postal service to the business establishment; If the application is incomplete, the officer shall send the Application Completion Guidance Form according to Model DK2 issued together with Circular No. 42/2017/TT-BCA through the delivery service of the unit or public postal service to the business establishment. After the business establishment has completed the application, the officer shall send the Application Receipt Form according to Model DK1a issued together with Circular No. 42/2017/TT-BCA; If the application does not meet the requirements, the officer shall send a Notification regarding the non-compliance of the application according to Model DK3 issued together with Circular No. 42/2017/TT-BCA through the delivery service of the unit or public postal service to the business establishment.

c) In cases where the application is received through the National Public Service Portal or the Ministry of Public Security Public Service Portal: If the application is complete, the receiving officer shall send the electronic version of the Application Receipt Form according to Model DK1b issued together with Circular No. 42/2017/TT-BCA to the business establishment's account on the public service portal or email address (if available). In cases where the application contains documents that have not been digitally signed or are unverified electronic copies, the receiving officer shall record guidance on the Application Receipt Form and request the business establishment to submit paper versions of the relevant application components through postal services or resend valid electronic versions through the public service portal before returning the result. If the application is incomplete, the receiving officer shall record guidance on the Application Completion Guidance Form according to Model DK2 issued together with Circular No. 42/2017/TT-BCA and send it to the business establishment's account on the public service portal or email address (if available). After the business establishment has completed the application, the officer shall send the Application Receipt Form according to Model DK1a issued together with Circular No. 42/2017/TT-BCA to the business establishment's account on the public service portal and email address (if available); If the application does not meet the requirements, the receiving officer shall send a Notification regarding the non-compliance of the application according to Model DK3 issued together with Circular No. 42/2017/TT-BCA to the business establishment's account on the public service portal or email address (if available)."

2. Amend the phrase "as prescribed at point b, point c Clause 1 of this Article" in Clause 2 of Article 3 to read "as prescribed at Clause 1 of this Article."

3. Amend Clause 2 of Article 5 as follows:

"2. In cases where results are returned through public postal services

a) For applications received through the National Public Service Portal or the Ministry of Public Security Public Service Portal: The receiving officer shall notify the business establishment about the amount of fees for the issuance of the Certificate of Compliance with Security and Public Order Conditions and the deadline for payment through the business establishment's account on the public service portal and email address (if available). In cases where the business establishment chooses to pay the fee through the public service portal, the process shall be carried out according to the instructions on the public service portal. After the business establishment completes the payment of the examination fee, the officer responsible for issuing the Certificate of Compliance with Security and Public Order Conditions shall send the Certificate of Compliance with Security and Public Order Conditions to the business establishment through public postal services (the cost of public postal services shall be borne by the business establishment).

b) For applications received directly or through public postal services: The officer responsible for issuing the Certificate of Compliance with Security and Public Order Conditions shall be responsible for sending the Certificate of Compliance with Security and Public Order Conditions and the receipt of the examination fee to the business establishment through public postal services after receiving the examination fee from the business establishment (the cost of public postal services shall be borne by the business establishment)."

4. Amend Article 11 as follows:

Article 11. Responsibilities for Implementation

1. The Director of the Department of Administrative Management under the Ministry of Public Security shall be responsible for guiding, inspecting, and urging the implementation of this Circular.

2. Heads of units under the Ministry, Directors of Public Security Departments of provinces and centrally-administered cities, and related agencies, organizations, and individuals shall be responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, local public security agencies and related agencies, organizations, and individuals shall report them to the Ministry of Public Security (through the Department of Administrative Management) for guidance on implementation./.

Article 2. Amending and supplementing some articles of Circular No. 45/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security regarding the procedures for registering stamp models, recalling and invalidating stamps, invalidating the use value of stamps, and inspecting the management and use of stamps. dated October 20, 2017, by the Minister of Public Security regulations on procedures for registering stamp samples, recalling and canceling stamps, invalidating stamp usage, inspecting management and use of stamps

1. Amend Article 4 as follows:

Article 4. Receiving and notifying the results of receiving applications.

1. When receiving applications for registering stamp models from agencies, organizations, and state positions specified in Articles 13, 14, 15, 16, and Article 17 of Government Decree No. 99/2016/NĐ-CP dated July 1, 2016 on the management and use of stamps (hereinafter referred to as Decree No. 99/2016/NĐ-CP), the staff receiving the application shall be responsible for checking the information, components, and validity of the application and shall perform the following actions:

In case the application is valid, it shall be received, and all relevant information shall be fully recorded on the Application Receipt Form (according to Model CD1 issued together with this Circular).

In case the application is incomplete, the agency, organization, or state position shall be guided to complete the application, and all relevant information shall be fully recorded on the Application Completion Guidance Form (according to Model CD2 issued together with this Circular).

In case the application does not meet the conditions stipulated in Article 5 of Decree No. 99/2016/NĐ-CP, the application shall not be received, and the reasons for refusing to process the application shall be clearly stated; if there is a request for a written response, a notification about the refusal to process the application shall be issued (according to Model CD3 issued together with this Circular).

2. Notifying the results of receiving applications:

In case the application is submitted directly or through public postal services: The staff receiving the application shall hand over the Application Receipt Form or the Application Completion Guidance Form or the Notification of Refusal to Process the Application directly to the person sent by the agency, organization, or state position to submit the application or send it through public postal services.

In case the application is submitted through the National Public Service Portal or the Ministry of Public Security Public Service Portal: The staff receiving the application shall send the Application Receipt Form or the Application Completion Guidance Form or the Notification of Refusal to Process the Application to the agency, organization, or state position via their account on the public service portal or email address (if available).

For applications requesting to re-register stamp models; change, reissue Registration Certificates for stamp models; transfer stamps and Registration Certificates for stamp models: The staff receiving the application shall notify the agency, organization, or state position about the transfer of stamps and Registration Certificates for stamp models previously issued (transferred directly or through public postal services) to the registration agency to proceed with re-registration or recall according to regulations.

3. Some specific cases

a) In case the application for changing or reissuing the Registration Certificate for a stamp model is submitted directly or through public postal services. After receiving a valid application, the staff processing the application shall check and compare the stamp and the Registration Certificate for the stamp model and shall act as follows:

If the stamp model has not been deformed, remains clear, and matches the original model, the stamp shall be accepted, and the provisions of Clause 1, Clause 2 of this Article and Point b, Clause 1, Clause 2, Clause 3 of Article 7 of this Circular shall be followed. After completing the required procedures, the staff receiving the application shall return the stamp to the agency, organization, or state position for continued use.

If the stamp model has been deformed, worn out, damaged, changed material, or does not match the prescribed model, the agency, organization, or state position shall be guided to follow the procedure for re-registering the stamp model as stipulated in Clause 1 of Article 15 of Decree No. 99/2016/NĐ-CP.

b) In case the application for changing or reissuing the Registration Certificate for a stamp model is submitted through the National Public Service Portal or the Ministry of Public Security Public Service Portal. After receiving a valid application and the stamp and Registration Certificate for the stamp model transferred by the agency, organization, the staff processing and receiving the application shall act according to Clause 2 of this Article and conduct checks and comparisons as follows:

If the stamp model has not been deformed, remains clear, and matches the original model, the stamp shall be accepted, and the provisions of Point b, Clause 1, Clause 2, and Clause 3 of Article 7 of this Circular shall be followed. After completing the required procedures, the staff processing the application shall return the stamp to the agency, organization, or state position for continued use.

c) In case the application for registering a stamp model brought into Vietnam from abroad for use is submitted, the content of the stamp model shall be checked, and the following actions shall be taken:

If the stamp model has been deformed, worn out, damaged, changed material, or does not match the prescribed model, the agency, organization, or state position shall be guided to follow the procedure for re-registering the stamp model as stipulated in Clause 1 of Article 15 of Decree No. 99/2016/NĐ-CP.

If the stamp model complies with the provisions of Clause 1 of Article 10 of Decree No. 99/2016/NĐ-CP, the stamp shall be accepted, and the provisions of Clause 1, Clause 2 of this Article shall be followed.

If the stamp model does not comply with the provisions of Clause 1 of Article 10 of Decree No. 99/2016/NĐ-CP, the application shall not be accepted, and the reasons for refusing to process the application shall be clearly stated.

d) In case the application for re-registering a stamp model due to loss of the stamp by the agency, organization, or state position, the provisions of Clause 1, Clause 2 of this Article and Clause 1 of Article 11 of this Circular shall be followed before delivering the result of re-registering the stamp model.

d) In cases where the application for re-registering stamp samples is due to the loss of stamps by state agencies, organizations, or state positions, it shall be implemented according to the provisions of Clause 1, Clause 2 of this Article and Clause 1 of Article 11 of this Circular before delivering the result of the registration of stamp samples again.”

2. Amend Article 9 as follows:

Article 9. Delivering the results of stamp-related procedures.

Staff delivering the results of stamp-related procedures shall deliver the results based on the corresponding form submitted earlier or according to the choice of the agency, organization, or state position requesting the stamp-related procedures as follows:

1. Delivering the results directly: Check the Application Receipt Form; compare the Identity Card or Citizen Identification Card or Passport of the person sent by the agency, organization, or state position to receive the results; introduction letter or power of attorney as prescribed by law.

a) For new stamp model registration applications, raised stamp registration, reduced stamp registration, embossed stamp registration, additional stamp registration, re-registration of stamp models due to loss of stamps by agencies, organizations, or state positions, registration of stamp models brought into Vietnam by foreign organizations for use: Deliver the stamp and Registration Certificate for the stamp model; request the recipient to sign the Handover and Acceptance Register for new stamps according to the prescribed information.

b) For applications requesting to re-register a seal due to deformation, wear, damage, change in material, non-compliance with the prescribed model, or changes in organizational structure, name change of agencies, organizations, or state positions: Revoke the Certificate of Registration for Seal Model; recover the previously issued seal according to Clause 1 of Article 10 of this Circular; issue a Certificate of Recovery of Seal; issue a new seal; issue a new Certificate of Registration for Seal Model; request the recipient to sign the handover and receipt according to the information recorded in the Register of Handover and Receipt of New Seals and the Register of Handover and Receipt of Recovered Seals.

c) For applications requesting to replace the Certificate of Registration for Seal Model: Revoke the previously issued Certificate of Registration for Seal Model; issue a new Certificate of Registration for Seal Model.

d) For applications requesting to reissue the Certificate of Registration for Seal Model: Issue a new Certificate of Registration for Seal Model.

2. Deliver results through public postal services:

a) For applications registering seal models as stipulated in point a of Clause 1 of this Article: The officer delivering the result shall seal and hand over the seal, the Certificate of Registration for Seal Model, and the Delivery and Receipt Form for Postal Items to the postal service staff of the public postal service unit. Request the postal service staff to sign the handover and receipt according to the information specified in the Delivery and Receipt Form for Postal Items, the Register of Handover and Receipt of New Seals, and request the recipient of the agency, organization, or state position to sign confirmation on the Delivery and Receipt Form for Postal Items, then return it to the officer delivering the result for file storage as prescribed.

b) For applications registering seal models as stipulated in point b of Clause 1 of this Article: The officer delivering the result shall recover the seal and the previously issued Certificate of Registration for Seal Model transferred by the agency, organization, or state position; seal and hand over the new seal, the Certificate of Recovery of Seal, the new Certificate of Registration for Seal Model, and the Delivery and Receipt Form for Postal Items to the postal service staff of the public postal service unit. Request the postal service staff to sign the handover and receipt according to the information specified in the Delivery and Receipt Form for Postal Items, the Register of Handover and Receipt of New Seals, and request the recipient of the agency, organization, or state position to sign confirmation on the Delivery and Receipt Form for Postal Items, then return it to the officer delivering the result for file storage as prescribed.

c) For applications registering seal models as stipulated in point c of Clause 1 of this Article: The officer delivering the result shall recover the previously issued Certificate of Registration for Seal Model transferred by the agency, organization, or state position; seal and hand over the new Certificate of Registration for Seal Model and the Delivery and Receipt Form for Postal Items to the postal service staff of the public postal service unit. Request the postal service staff to sign the handover and receipt according to the information specified in the Delivery and Receipt Form for Postal Items, and request the recipient of the agency, organization, or state position to sign confirmation on the Delivery and Receipt Form for Postal Items, then return it to the officer delivering the result for file storage as prescribed.

d) For applications registering seal models as stipulated in point d of Clause 1 of this Article: The officer delivering the result shall seal and hand over the new Certificate of Registration for Seal Model and the Delivery and Receipt Form for Postal Items to the postal service staff of the public postal service unit. Request the postal service staff to sign the Delivery and Receipt Form for Postal Items and request the recipient of the agency, organization, or state position to sign confirmation on the Delivery and Receipt Form for Postal Items, then return it to the officer delivering the result for file storage as prescribed.

đ) The agency registering seal models shall notify via the National Public Service Portal or the Ministry of Public Security Public Service Portal or email (if applicable) about the handover of the seal and the Certificate of Registration for Seal Model to the public postal service unit and request the agency, organization, or state position to send confirmation via the National Public Service Portal or the Ministry of Public Security Public Service Portal or email (if applicable) so that the agency registering seal models can be informed.”

3. Supplement point g following point e of Clause 1 of Article 10 as follows:

“g) In case the agency, organization, or state position chooses to deliver results through public postal services: The officer delivering the result shall seal and hand over the Certificate of Recovery of Seal and the Delivery and Receipt Form for Postal Items to the postal service staff of the public postal service unit. Request the postal service staff to sign the handover and receipt on the Delivery and Receipt Form for Postal Items and request the recipient of the agency, organization, or state position to sign confirmation on the Delivery and Receipt Form for Postal Items, then return it to the officer delivering the result for file storage as prescribed.”

4. Amend point c of Clause 5 of Article 14 as follows:

“c) The printing costs of the forms prescribed in Clause 1 and Clause 2 of this Article shall be funded from the regular budget of the Ministry of Public Security allocated to local police units. Each year, local police units shall prepare the estimated quantity of forms needed for printing and the printing cost estimate, and submit them to the Financial Planning Department for consolidation and reporting to the leadership of the Ministry of Public Security.”

5. Amend Article 16 as follows:

“Article 16. Responsibilities for Implementation

1. The Director of the Administrative Police Management Department shall be responsible for guiding, inspecting, and urging the implementation of this Circular.

2. Heads of units under the Ministry, Directors of Public Security Departments of provinces and centrally-administered cities, and related agencies, organizations, and individuals shall be responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, local police units and related agencies, organizations, or individuals shall report to the Ministry of Public Security (through the Administrative Police Management Department) for guidance on implementation.”

Article 3. Amend and supplement some articles of Circular No. 58/2020/TT-BCA dated June 16, 2020, of the Minister of Public Security on the procedures for issuing, recovering registration, and license plates for motor vehicles (hereinafter referred to as Circular No. 58/2020/TT-BCA)

1. Amend Clause 4, Clause 5, and Clause 6 of Article 3

a) Amend Clause 4 of Article 3 as follows:

"4. The Traffic Police Room, Highway Traffic Police Room - Railway, Highway Traffic Police Room of the Provincial Public Security Department, directly under the Central City (hereinafter referred to as the Traffic Police Room) shall register and issue license plates for automobiles, motorcycles, trailers, semi-trailers, and similar structured vehicles of foreign agencies, organizations, individuals, projects, joint ventures with foreign countries at localities, and agencies, organizations, enterprises, military enterprises, and individuals with their headquarters or usual residence in districts, cities directly under central cities, or cities within provinces where the Traffic Police Room is located (except for vehicles of agencies, organizations, and individuals specified in Clause 3 of Article 3 of this Circular)."

b) Amend Clause 5 of Article 3 as follows:

"5. The Public Security Office of districts, counties, towns, cities directly under provinces, centrally governed cities (hereinafter referred to as the District-level Public Security Office) shall register and issue license plates for the following types of vehicles (excluding vehicles of agencies, organizations, enterprises, military enterprises, and individuals specified in Clauses 3, 4, and 6 of Article 3 of this Circular):

Automobiles, motorcycles, trailers, semi-trailers, and similar structured vehicles of domestic agencies, organizations, enterprises, military enterprises, and individuals with their headquarters or usual residence in their own locality.

Motorcycles, motorbikes (including electric motorcycles), and similar structured vehicles of domestic agencies, organizations, enterprises, military enterprises, and individuals with their headquarters or usual residence in their own locality and foreign agencies, organizations, individuals, projects, joint ventures with foreign countries at their own locality.

Conditions, authority, and time limit for分级注册和发放车辆号牌的公安分局执行本通报第二十六条第六款的规定。"

c) Amend Clause 6 of Article 3 as follows:

"6. The Public Security Office of communes, wards, towns (hereinafter referred to as the Commune-level Public Security Office) shall register and issue license plates for motorcycles, motorbikes (including electric motorcycles) of domestic agencies, organizations, enterprises, military enterprises, and individuals with their headquarters or usual residence in their own locality and foreign agencies, organizations, individuals, projects, joint ventures with foreign countries at their own locality; organize the recovery of certificates of vehicle registration and license plates of vehicles that have exceeded their service life or are damaged and cannot be used from agencies, organizations, and individuals with their headquarters or usual residence in their own locality.

Conditions and authority for the Commune-level Public Security Office to register and issue vehicle license plates shall be implemented according to the provisions of Clause 6 of Article 26 of this Circular."

2. Amend Article 7 as follows:

"Article 7. Vehicle Registration Application Form

For initial registration and issuance of license plates; transfer registration; replacement or reissue of vehicle registration certificates and license plates on the Ministry of Public Security's Service Portal or the National Service Portal: The vehicle owner logs into the service portal to fill out the electronic Vehicle Registration Application Form (according to Form No. 01A/58) and receives a serial number and appointment schedule via email or SMS to proceed with vehicle registration procedures at the registration office.

In cases where the vehicle owner personally goes to the registration office to handle initial registration and issuance of license plates; transfer registration; replacement or reissue of vehicle registration certificates and license plates: The vehicle owner is responsible for filling out the Vehicle Registration Application Form (according to Form No. 01 issued together with this Circular)."

3. Supplement Clause 5 of Article 13 as follows:

"5. Procedure and process for issuing temporary vehicle registration certificates and license plates

a) Issuing temporary vehicle registration certificates and license plates on the Ministry of Public Security's Service Portal or the National Service Portal: The vehicle owner logs into the service portal to fill out the electronic Vehicle Registration Application Form (according to Form No. 01B/58) (clearly indicating the customs declaration number and factory inspection report number for verification of vehicle origin information) and submit attached documents (ownership transfer documents, authorization letter for the person handling the temporary registration procedures); pay the temporary registration fee; receive the verified results of the temporary vehicle registration certificate and license plate from the registration office through the service portal and print the electronic temporary vehicle registration certificate and license plate (according to Form No. 05A/58) for imported vehicles or domestically produced and assembled vehicles moving from warehouses, ports, factories, dealerships to the registration location or other storage locations, vehicles moving to other regions, vehicles being re-exported or transferred in Vietnam.

b) Issuing temporary vehicle registration certificates and license plates when the vehicle owner personally registers at the registration office:

The vehicle owner submits documents as stipulated in Article 13 of this Circular (no need to bring the vehicle for inspection).

Staff members completing the registration procedures immediately issue the temporary vehicle registration certificate and license plate."

4. Supplement Clause 3 of Article 16 as follows:

"3. Procedure and process for recovering vehicle registration certificates and license plates that have exceeded their service life or are damaged and cannot be used on the Ministry of Public Security's Service Portal or the National Service Portal: Agencies, organizations, or individuals who are the owners or users of the vehicles log into the service portal to fill out the electronic Certificate of Recovery of Vehicle Registration and License Plates (according to Form No. 09A/58); submit directly or use public postal services to send the vehicle registration certificate and license plate to the registration office or the Commune-level Public Security Office where the agency, organization, or individual has its headquarters or usual residence to receive the results and confirmation of the recovery of the vehicle registration certificate and license plate from the registration office or the Commune-level Public Security Office through the service portal."

5. Supplement Clause 6 after Clause 5 of Article 26 as follows:

"6. Based on the material conditions and information technology infrastructure at the locality, the Director of the Provincial Public Security Department, directly under the Central City, decides after reaching consensus with the Highway Traffic Police Corps:

a) Implementing the delegation of motorcycle, motorbike (including electric motorcycles), and similar structured vehicle registration to the District-level Public Security Office, to be completed before December 31, 2022."

b) Implement the delegation of vehicle registration and license plate issuance for automobiles, trailer trucks, semi-trailers, and similar structured vehicles to the police at the district level; completion time before December 31, 2022.

c) Implement the delegation of vehicle registration and license plate issuance for motorcycles, motorbikes (including electric motorbikes) and similar structured vehicles to the police at the commune level with an average number of newly registered motorcycles and motorbikes (including electric motorbikes) of 250 or more over the last three consecutive years within the jurisdiction of the commune (excluding districts, cities directly under central municipalities; cities under provinces where the Traffic Police Department has its headquarters and communes where the police at the district level have their headquarters).

d) Implement the recovery of vehicle registration certificates and license plates that have exceeded their service life or are damaged and unusable through the Ministry of Public Security's Service Portal and the National Service Portal, completion time before December 31, 2022.”

6. Supplement Clause 7 of Article 26 as follows:

“7. During the implementation period of the delegation of vehicle registration tasks to local police units that have not yet been delegated, continue to perform vehicle registration tasks according to the assigned duties.”

Article 4. Amend and supplement some articles of Circular No. 65/2020/TT-BCA dated June 19, 2020, issued by the Minister of Public Security on the tasks, powers, forms, contents, and procedures for traffic police patrols, inspections, and administrative violations handling on road traffic.

1. Amend Clause 3 of Article 19 as follows:

“3. When inspecting through technical equipment, if information and images about violations of laws by individuals and vehicles participating in road traffic are discovered and collected, the authorized person to impose penalties shall implement:

a) Organize forces to stop vehicles for inspection and violation handling according to the law. In case the violator requests to view the information, images, and results of the collected violation, allow viewing if such information, images, and results are available; if not, guide the violator to view the information, images, and results when they come to handle the violation at the unit's office;

b) In cases where it is not possible to stop the violating vehicle for inspection and administrative violation handling, proceed according to the provisions of Article 19a of this Circular.”

2. Add Article 19a after Article 19 as follows:

“19a. Procedures for handling results obtained through technical equipment in cases of violations but where the violating vehicle cannot be stopped for inspection and administrative violation handling

1. Within ten working days from the date of discovering the violation, the authorized person to impose penalties of the public security agency where the administrative violation was discovered shall carry out:

a) Determine information about the vehicle, owner, organization, or individual related to the administrative violation through the vehicle registration agency and the National Population Database;

b) If the owner, organization, or individual related to the administrative violation does not reside or operate in the district where the public security agency discovered the administrative violation, and if the administrative violation falls within the penalty authority of the Commune Chief, transfer the results obtained through technical equipment to the public security agency in the commune where the owner, organization, or individual resides or operates (according to Form No. 01/65/68) for resolution and handling of the violation (when equipped with a network connection system for electronic transmission);

If the administrative violation does not fall within the penalty authority of the Commune Chief or falls within the penalty authority of the Commune Chief but the commune-level public security agency has not been equipped with a network connection system, transfer the results obtained through technical equipment to the public security agency in the district where the owner, organization, or individual resides or operates (according to Form No. 01/65/68) for resolution and handling of the violation;

c) Send a notification (according to Form No. 02/65/68) requesting the owner, organization, or individual related to the administrative violation to attend the public security agency where the administrative violation was discovered or the commune-level or district-level public security agency where they reside or operate to resolve the administrative violation if travel is difficult and direct attendance at the public security agency where the administrative violation was discovered is not possible according to Clause 2 of Article 15 of Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government on the list, management, and use of technical equipment and procedures for collecting and using data obtained from technical equipment provided by individuals or organizations to detect administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP).

2. When the owner, organization, or individual related to the administrative violation attends the public security agency to resolve the violation, the authorized person to impose administrative penalties of the public security agency where the violation was discovered or the Commune Chief, District Chief shall resolve and handle the violation according to Point c and Point d of Clause 1 of Article 15 of Decree No. 135/2021/NĐ-CP.

3. In cases where the violation is resolved and handled by the commune-level or district-level public security agency, immediately notify the public security agency where the violation was discovered of the resolution and handling result. At the same time, update the status of resolution and handling of the violation on the Traffic Police Bureau's Information Portal and immediately send a notification ending the warning for the violating vehicle to the vehicle inspection agency, remove the status of sending a warning notification to the vehicle inspection agency on the administrative violation management and handling system (if there is already a warning notification from the public security agency where the violation was discovered according to Clause 4 of this Article).

In case the violation is handled and resolved by the police agency where the violation was discovered, they must immediately notify the results of handling the case to the commune-level police or district-level police that have received the results obtained through technical equipment. At the same time, update the status of having resolved the case on the Traffic Police Directorate's electronic information page and promptly send the end-of-warning notification for the traffic violation vehicle to the inspection agency, remove the status of having sent the warning notification to the inspection agency from the administrative violation management and handling system as stipulated in Clause 4 of this Article.

4. If within twenty days from the date of sending the violation notice, the owner of the vehicle, organization, or individual related to the administrative violation does not come to the police agency where the violation was discovered to resolve the case, or if the police agency where the violation was discovered has not yet received the resolution result notification of the case from the commune-level police or district-level police that have received the results obtained through technical equipment, then the authorized administrative penalty enforcement officer of the police agency where the violation was discovered shall implement:

a) Update the information of the traffic violation vehicle (type of vehicle; license plate number, license plate color; time and location of violation, violation behavior; unit discovering the violation; unit resolving the case, contact phone number) on the Traffic Police Directorate's electronic information page so that the vehicle owner, organization, or individual related to the administrative violation can be aware and contact to resolve the case according to regulations;

b) Send a warning notification for the traffic violation vehicle to the inspection agency (for traffic violation vehicles such as cars, trailers, semi-trailers, specialized motorcycles); at the same time, update the status of having sent the warning notification to the inspection agency on the administrative violation management and handling system.

5. The transfer of results obtained through technical equipment, and the notification of the resolution of the violation case shall be carried out electronically."

3. Supplement Point c of Clause 3 of Article 20 as follows:

"c) For police units and localities equipped with the administrative violation management and handling system regarding traffic order and safety, must enter data and print the administrative penalty decision through the system."

4. Supplement Clause 4 of Article 20 as follows:

"4. In cases where individuals or organizations pay administrative penalties through the National Public Service Portal or the Ministry of Public Security Public Service Portal:

a) The authorized penalty enforcer sends penalty information to the public service portal; the portal automatically notifies the violator to check the Administrative Penalty Decision information via the phone number registered with the police agency at the time of issuing the administrative violation record;

b) The violator accesses the public service portal through the notified administrative penalty decision number or the violation record number to check the Administrative Penalty Decision information; pay the administrative penalty, and register to reclaim temporarily withheld documents through postal services;

c) The authorized penalty enforcer checks the electronic receipt for collecting administrative penalty payments sent back by the public service portal to print, file the penalty handling records, and serve as the basis for returning temporarily withheld documents;

d) The authorized administrative penalty enforcer returns temporarily withheld documents to the violator through postal services when the withholding period expires."

5. Amend Clause 2 of Article 23 as follows:

"2. Upon receiving the document from the traffic police agency, the commune-level police shall cooperate in implementing according to the provisions of Point a Clause 5 of this Circular."

6. Amend Point a of Clause 5 of Article 24 as follows:

"a) Based on specific requirements of each case, the authorized penalty enforcer shall implement:

Verify information about the traffic vehicle and its owner; send a notification to the vehicle owner, invite the vehicle owner and driver to the police station that issued the violation notice to clarify the case (using Form No. 03/65/68). At the same time, send a notification to the commune-level police where the vehicle owner resides or operates; the commune-level police, upon receiving the notification, shall be responsible for delivering it to the vehicle owner and requesting the owner to comply with the notification and report back to the issuing police station (using Form No. 04/65/68);

Implement verification measures as prescribed in Clause 3 of Article 21 of Decree No. 135/2021/NĐ-CP."

7. Amend Point b of Clause 1 of Article 25 as follows:

"b) Receive the results obtained from the technical equipment specified in Article 22 of Decree No. 135/2021/NĐ-CP to use as the basis for determining the administrative violation act and handling the violation according to the law. After receiving the results, implement:

In case the traffic violation vehicle is still circulating on the route or area under responsibility, the head of the traffic police unit with authority shall organize forces to stop the traffic vehicle, inspect, and handle the violation according to the law;

In case the traffic violation vehicle has moved to another route or area, the head of the traffic police unit with authority shall implement according to Article 19a of this Circular."

8. Repeal the phrase "National Public Service Portal" stipulated in Point b Clause 3 of Article 20 and repeal Points b, c, and d Clause 2 of Article 4 of this Circular.

1. Amend Clause 1 of Article 3 as follows:

"1. On each inland waterway route, port water area, and maritime channel outside the port water area where inland watercraft are permitted to operate through each locality, one or more Patrol and Control Teams shall be arranged. Each team consists of a Team Leader and team members. The number of staff in each Patrol and Control Team shall be decided by the Waterway Squadron Commander, Harbor Police Station Director, Waterway Police Team Leader, or Traffic Police Team Leader (Waterway Squadron Commander, Harbor Police Station Director, Team Leader) but must ensure the following requirements:

a) Mobile patrol and control by boat shall include: the Team Leader and at least two team members must ensure sufficient crew members according to the regulations of the Ministry of Public Security;

b) Mobile patrol and control by motorboat, other watercraft, land-based mechanical vehicles, or on foot shall include: the Team Leader and at least two team members; among whom, the person operating the patrol and control vehicle must have a Certificate of Professional Competence, Professional Certificate, or Driver's License according to the regulations;

c) Control at a station or a point on the route shall include: the Team Leader and at least two team members;

d) In cases where one or more inland waterway routes, port water areas, and maritime channels outside the port water area where inland watercraft are permitted to operate fall within the jurisdiction managed by the Waterway Squadron, Waterway Police Team, Traffic Police Team, or Harbor Police Station (Waterway Squadron, Team, Station), and multiple Patrol and Control Teams are simultaneously deployed to perform patrol and control tasks during the same period, the Waterway Squadron Commander, Team Leader, or Station Director shall decide the number of Patrol and Control Teams and shall directly command or delegate a deputy to directly command each route."

2. Amend Article 11 as follows:

"Article 11. Handling Violations During Patrol and Control

1. In cases of administrative violation penalties without creating a record:

When discovering a violation that falls under the circumstances subject to penalty without creating a record, the authorized authority must issue an administrative violation penalty decision on the spot; if the violator has not immediately executed the penalty decision, they may temporarily retain related documents in accordance with the order specified in Clause 2 of this Article to ensure compliance with the penalty decision.

2. In cases of administrative violation penalties with a record created:

When creating an administrative violation record in cases where only a fine is applied, the record creator has the right to temporarily retain one of the following types of documents in the prescribed order: Certificate of Professional Competence for the Master, driving license, Registration Certificate of the Vessel, or a confirmation letter from a financial institution still valid for vessels pledged as collateral, Safety and Technical Inspection Certificate of the Vessel, Certificate of Professional Competence for the Chief Engineer, or other relevant documents related to the evidence or vessel according to the law to ensure compliance with the administrative violation penalty decision. If the violator does not have the aforementioned documents, the violating vessel may be temporarily retained to ensure enforcement of the administrative violation penalty decision (except when the organization or individual has a clear address, berthing facilities, or financial capability to provide a guarantee deposit, then the violating vessel may be retained under the management of the competent state agency).

In cases where the violator or representative of the violating organization is not present at the scene of the violation, intentionally avoids, or due to objective reasons does not sign or affix their fingerprint on the record, the record creator must clearly note the reason in the record. The Team Leader of the Patrol and Control Team invites a representative of the local government authority where the violation occurred or at least one witness to sign confirming that the individual or organization did not sign the record and must report in writing to the head of the unit as a basis for the authorized authority to decide on the penalty or use technical equipment to record video as a basis for handling; no erasure or alteration of the contents already recorded in the administrative violation record.

3. When controlling through technical equipment to detect administrative violations, if images of individuals and vessels involved in inland waterway traffic violating laws in inland waterway routes, port water areas, and maritime channels outside the port water area where inland watercraft are permitted to operate are discovered and collected, the authorized authority handling the case shall implement:

a) Organizing forces to stop the violating vessel for inspection and handling according to the law. If the violator requests to view the images and results of the collected violation, show them if there are images and results recorded; if not, guide the violator to view the images and results when handling the violation at the unit's office;

b) In cases where the violating vessel cannot be stopped for inspection and handling of the violation, follow the provisions of Article 11a of this Circular."

3. Supplement Article 11a after Article 11 as follows:

"Article 11a. Procedure for Handling Results Collected Through Technical Equipment for Cases of Violation But Unable to Immediately Stop the Vessel for Inspection and Handling

1. Within ten working days from the date of discovering the violation, the authorized person to impose penalties of the public security agency where the administrative violation was discovered shall carry out:

a) Determine information about the vessel, vessel owner, organizations, and individuals related to administrative violations through the registration authority or the vessel inspection authority and the National Population Database;"

b) If the owner, organization, or individual related to the administrative violation does not reside or operate in the district where the public security agency discovered the administrative violation, and if the administrative violation falls within the penalty authority of the Commune Chief, transfer the results obtained through technical equipment to the public security agency in the commune where the owner, organization, or individual resides or operates (according to Form No. 01/65/68) for resolution and handling of the violation (when equipped with a network connection system for electronic transmission);

If the administrative violation does not fall within the penalty authority of the Commune Chief or falls within the penalty authority of the Commune Chief but the commune-level public security agency has not been equipped with a network connection system, transfer the results obtained through technical equipment to the public security agency in the district where the owner, organization, or individual resides or operates (according to Form No. 01/65/68) for resolution and handling of the violation;

c) Send a notification (according to Form No. 02/65/68) requesting the owner, organization, or individual related to the administrative violation to attend the public security agency where the administrative violation was discovered or the commune-level or district-level public security agency where they reside or operate to resolve the administrative violation if travel is difficult and direct attendance at the public security agency where the administrative violation was discovered is not possible according to Clause 2 of Article 15 of Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government on the list, management, and use of technical equipment and procedures for collecting and using data obtained from technical equipment provided by individuals or organizations to detect administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP).

2. When the owner, organization, or individual related to the administrative violation attends the public security agency to resolve the violation, the authorized person to impose administrative penalties of the public security agency where the violation was discovered or the Commune Chief, District Chief shall resolve and handle the violation according to Point c and Point d of Clause 1 of Article 15 of Decree No. 135/2021/NĐ-CP.

3. In cases where the violation is handled and resolved by the Commune Police or County Police, the results of handling and resolving the case must be immediately reported to the police authority where the violation was discovered. At the same time, update the status of resolution and handling of the case on the website of the General Traffic Police Department and send notifications about the violating vessel to the inspection authority, remove the warning status sent to the inspection authority on the system for managing and handling administrative violations (if there is a warning notification from the police authority where the violation was discovered as stipulated in Clause 4 of this Article).

In case the violation is handled and resolved by the police agency where the violation was discovered, they must immediately notify the results of handling the case to the commune-level or district-level police that have received the collected information through technical means and equipment. At the same time, update the status of the resolved case on the Traffic Police Directorate's electronic information website and send notifications about the violating vehicle to the inspection authority, remove the warning status sent to the inspection authority from the administrative violation management and handling system as provided for in Clause 4 of this Article.

4. If within twenty days from the date of sending the violation notice, the owner of the vehicle, organization, or individual related to the administrative violation does not come to the police agency where the violation was discovered to resolve the case, or if the police agency where the violation was discovered has not yet received the resolution result notification of the case from the commune-level police or district-level police that have received the results obtained through technical equipment, then the authorized administrative penalty enforcement officer of the police agency where the violation was discovered shall implement:

a) Update the information of the violating vehicle (type of vehicle; license plate number, color of license plate; time, location, and act of violation; unit discovering the violation; unit handling the case, contact phone number) onto the Traffic Police Directorate's electronic information website so that the vehicle owner, organizations, and individuals related to the administrative violation can be informed and contact to resolve the issue according to regulations.

b) Send notification about the violating vehicle to the inspection authority (for vehicles subject to inspection); at the same time, update the warning status sent to the inspection authority on the administrative violation management and handling system.

5. The transfer of results obtained through technical equipment, and the notification of the resolution of the violation case shall be carried out electronically."

4. Amend Clause 3 and Clause 4 of Article 15 as follows:

“3. Examine administrative violation cases:

a) For units and localities equipped with administrative violation management and handling systems, officers access the system to enter data; examine and compare the administrative violation case files with legal provisions and report, propose handling according to regulations;

b) For cases not within the administrative penalty authority of the unit head, staff shall report and propose transferring the case file to the competent authority for handling in accordance with the law;

c) For cases indicating criminal offenses, officers report and propose the head of the unit transfer the file to the competent criminal prosecution agency to handle according to legal provisions.

4. For units and localities equipped with administrative violation management and handling systems, officers access the system to enter data and print the administrative penalty decision, submit it to the competent authority for approval; keep the file according to legal provisions.”

5. Repeal the phrase "online public service portal (if available)" as stipulated in Clause 6 of Article 15.

6. Supplement Clause 6a after Clause 6 of Article 15 as follows:

“6a. In cases where individuals or organizations (hereinafter referred to as violators) pay administrative penalties through the National Public Service Portal, the Ministry of Public Security Public Service Portal:

a) The authorized penalty issuer sends penalty information to the Public Service Portal; the Public Service Portal automatically notifies the violator to check the Administrative Penalty Decision information via the phone number registered with the police at the time of issuing the administrative violation record;

b) The violator accesses the Public Service Portal through the notified administrative penalty decision number or the administrative violation record number to check the Administrative Penalty Decision information; pay the administrative penalty, and register to reclaim seized documents through postal services;

c) The authorized penalty issuer checks the electronic receipt for collecting administrative penalty payments sent back by the Public Service Portal system to print, keep the administrative penalty file, and serve as the basis for returning seized items, vehicles, licenses, certificates, and security deposits;

d) The authorized administrative penalty issuer returns seized licenses, certificates, and ends the suspension period for violators through postal services; return seized items, vehicles, and security deposits (if any) according to the law.”

7. Supplement Article 15a after Article 15 as follows:

“Article 15a. Reception and verification of information and images reflecting violations of waterway traffic order and safety provided by organizations and individuals or posted on mass media and social networks

1. Information and images reflecting violations of waterway traffic order and safety (hereinafter referred to as information and images) are received from the following sources:

a) Recorded by technical means and equipment of organizations and individuals;

b) Posted on mass media and social networks.

2. Information and images serving as the basis for verifying and detecting administrative violations must objectively reflect the time, location, subject, and act of violation as prescribed in the Government Decree on penalties for administrative violations in areas related to waterway transportation activities and still within the statute of limitations for administrative violation penalties according to the law on administrative violation handling.

3. When organizations and individuals record information and images, they may provide them to the traffic police unit where the incident occurred through email or directly at the unit's office. Organizations and individuals must clearly state their name, address, and contact phone number (if available) and bear legal responsibility for the authenticity of the provided information and images.

4. Reception and processing of information and images

The Patrol Guidance, Supervision, and Crime Prevention Department on Waterways; Waterway Flotilla; Waterway Police Department; Traffic Police Department; Waterway Police Team; Waterway Police Station; Waterway Flotilla; Traffic Police and Order Team of the County Police; Commune Police have the responsibility:

a) Announce the location and email box for receiving information and images for the public to provide;

Organize a 24/7 duty shift to receive information and images; ensure the confidentiality of names, addresses, contact phone numbers, signatures, and other information of organizations and individuals who have provided information and images,

b) Process information and images

Upon receiving information and images, the reception officer must review and classify them; if they meet the conditions stipulated in Clause 2 and Clause 3 of this Article, they shall record in the logbook (according to Form No. 05/68) and report to the head of the unit with the authority to implement:

In the case where information and images reflect ongoing violations of inland waterway traffic order and safety on the assigned route or area, the organization shall stop the vessel to inspect and handle the violation according to regulations. If it is not possible to stop the vessel for inspection or if the violation has ended, measures to verify and handle the violation shall be carried out according to Article 11a of this Circular.

In cases that do not fall within the assigned route or area, the unit shall notify the competent inland waterway police unit to implement verification and handling measures according to the law.

5. Verification, collection of evidence, and administrative violation handling shall be conducted in accordance with Article 21 of Decree No. 135/2021/NĐ-CP and the following provisions:

a) Based on specific requirements of each case, the authorized person to impose penalties shall carry out:

Verify information about the violating vessel and its owner; send a written notice to the vessel owner, inviting the owner and the vessel operator to the police station that issued the violation notice to clarify the matter (using Form No. 03/65/68);

Send a notice to the commune police where the vessel owner resides or operates; upon receiving the notification, the commune police must deliver it to the owner and request the owner to comply with the notice and report back to the issuing police station (using Form No. 04/65/68);

b) When working with the vessel owner, operator, or related individuals or organizations, a record must be made; all collected materials and circumstances to determine administrative violations concerning inland waterway traffic order and safety must be kept in the administrative penalty case file according to the law and regulations of the Ministry of Public Security;

c) Based on the results of verification and collected materials and circumstances, the authorized person to impose penalties shall carry out:

If the information and images accurately reflect administrative violations, administrative penalties shall be imposed or the case file shall be transferred to the competent authority (if beyond jurisdiction) for handling according to the law on administrative violation handling;

If the information and images show signs of being fabricated, the entire case file shall be transferred to the competent authority for handling according to the law;

If the provided information and images, after verification, do not indicate any violations or lack sufficient grounds to determine violations, the case file shall be concluded and stored according to regulations.".

8. Add Article 15b after Article 15a as follows:

"Article 15b. Receiving Results from Technical Means Provided by Organizations Assigned to Manage, Exploit, and Maintain Inland Waterway Infrastructure, Port Waters, and Non-port Marine Channels

1. The inland waterway police units assigned to patrol and control along their routes and areas shall cooperate with organizations managing, exploiting, and maintaining inland waterway infrastructure to perform:

a) Jointly exploit and use traffic management and operation data from organizations managing, exploiting, and maintaining inland waterway infrastructure to ensure traffic order and safety and combat criminal activities on the route according to the law;

b) Receive results from technical means specified in Article 22 of Decree No. 135/2021/NĐ-CP to serve as a basis for determining administrative violations and handling them according to the law. After receiving the results, they shall proceed as follows:

If the violating vessel is still circulating on the assigned route or area, the head of the traffic patrol and control unit with authority shall organize forces to stop the violating vessel, inspect, and handle the violation according to the law;

If the violating vessel has moved to another route or area, the head of the patrol and control unit with authority shall verify information about the violating vessel and its owner, issue a violation notice, and handle the violation according to Article 11a of this Circular.

2. When receiving results from technical means provided by organizations managing, exploiting, and maintaining inland waterway infrastructure, the receiving officer must sign a receipt and keep it in the administrative penalty file.".

9. Amend Clause 1 of Article 22 as follows:

"1. For traffic accidents or other accidents occurring on inland waterways or involving inland vessels operating in port waters or non-port marine channels, the following actions shall be taken:

a) Organize rescue operations for victims and mobilize resources and equipment to salvage goods and vessels;

b) Organize traffic regulation. If the accident severely disrupts traffic activities or causes environmental damage, immediately inform the relevant state management agency for prompt handling;

c) Secure the accident scene: demarcate the scene, protect people, property, and goods involved; identify and record traces and evidence at the scene and on related vessels; maintain the original position and condition of the vessels and evidence; temporarily seize vessels, vessel documents, operator documents, and related evidence; gather information on the situation, witnesses, and those involved; track down fleeing perpetrators; collect other relevant information about the accident;

d) Report the situation to superiors; exchange details of the incident; hand over the file to the competent unit to resolve the accident while continuing to secure the scene until the accident site investigation is completed.".

Add Point c following Point b Clause 2 Article 4 as follows:

“c) Notification regarding the handling of reports of lost passports (Form VB03/73).”

Article 7. Forms

This Circular annexes the following forms:

1. Mail receipt form (Form CD13/45).

2. Vehicle registration application form (Form number 01A/58).

3. Temporary vehicle registration application form (Form number 01B/58).

4. Certificate of motorcycle and motor vehicle registration (Form number 02/58), this form replaces Form number 02 issued together with Circular No. 58/2020/TT-BCA.

5. Certificate of automobile registration (Form number 03/58), this form replaces Form number 03 issued together with Circular No. 58/2020/TT-BCA.

6. Certificate of trailer and semi-trailer registration (Form number 04/58), this form replaces Form number 04 issued together with Circular No. 58/2020/TT-BCA.

7. Temporary vehicle registration certificate printed on the public service portal (Form number 05A/58).

8. Certificate of tractor registration (Form number 06/58), this form replaces Form number 06 issued together with Circular No. 58/2020/TT-BCA.

9. Certificate of vehicle registration and license plate recovery (Form number 09/58), this form replaces Form number 09 issued together with Circular No. 58/2020/TT-BCA.

10. Certificate of vehicle registration and license plate recovery printed on the public service portal (Form number 09A/58).

11. Report form for administrative violations related to traffic order and safety collected through technical means (Form number 01/65/68).

12. Administrative violation notification related to traffic order and safety (Form number 02/65/68).

13. Information and image notification form reflecting administrative violations related to traffic order and safety (Form number 03/65/68).

14. Report form (Form number 04/65/68).

Article 8. Effective Date

This Circular takes effect from May 21, 2022.

Article 9. Responsibility for implementation

1. In accordance with their assigned functions, tasks, and authorities, the Director of the Administrative Management Police Department, the Director of the Traffic Police Department, and the Director of the Immigration Administration Department shall be responsible for inspecting and guiding the implementation of this Circular.

2. Heads of units under the Ministry of Public Security, Provincial Police Chiefs, Chief of Municipalities directly under the Central Government, and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

3. During the process of implementing this Circular, if there are difficulties or obstacles, local police units shall report to the Ministry of Public Security (through the Administrative Management Police Department, the Traffic Police Department, or the Immigration Administration Department) based on the content related to administrative management of social order and security, traffic order and safety, and immigration management for timely guidance.