Joint Circular No. 16/2004/TTLT-BCA-BQP guides the Road Traffic Law on the organization of registration and issuance of license plates for military vehicles engaged in economic activities of defense enterprises and military vehicles requiring civilian license plates, as well as the inspection and handling of traffic administrative violations by military vehicles.

JOINT CIRCULAR

Guidelines under the Road Traffic Law regarding the organization of registration and issuance of license plates for commercial vehicles of defense enterprises and military vehicles requiring civilian license plates, as well as the inspection and handling of traffic violations committed by military vehicles.

Implementing Article 49 and Article 72 of the Road Traffic Law No. 26/2001/QH10 dated June 29, 2001, and Government Decrees guiding the implementation of the Road Traffic Law, the Ministry of Public Security and the Ministry of National Defense have jointly issued guidelines on the organization of registration and issuance of license plates for commercial vehicles of defense enterprises and military vehicles requiring civilian license plates, as well as the inspection and handling of traffic violations committed by military vehicles as follows:

1. Scope and applicability: Commercial vehicles of defense enterprises (hereinafter referred to as economic military vehicles) and motorized military vehicles managed by the Ministry of National Defense that require civilian license plates must be registered and issued license plates according to this Circular when participating in road traffic.

___________________________

2. Economic military vehicles shall register at the Traffic Police Department of the provincial or centrally-administered city police force where the enterprise has its main office. License plates will be issued from a specific series (serial number) designated by the Ministry of Public Security. Military vehicles requiring civilian license plates shall register with the Highway and Railway Traffic Police Corps or local police forces upon approval by the leadership of the Ministry of Public Security.

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

3. Military vehicles under the management of the Ministry of National Defense and drivers of military vehicles (hereinafter referred to as drivers) must strictly comply with laws and regulations on road traffic when participating in road traffic, and must accept inspections and penalties imposed by traffic police forces and military vehicle inspection and control forces while performing tasks to ensure traffic order and safety according to the law.

4. Functional agencies of the Ministry of Public Security and the Ministry of National Defense are responsible for closely coordinating in the management, inspection, and handling of violations involving military vehicles when they participate in road traffic.

II. REGULATIONS ON THE REGISTRATION AND ISSUANCE OF LICENSE PLATES FOR ECONOMIC MILITARY VEHICLES AND MILITARY VEHICLES REGISTERING FOR CIVILIAN LICENSE PLATES

A. PROCEDURES FOR REGISTRATION OF ECONOMIC MILITARY VEHICLES

1. Registration procedures include:

1.1. An introduction letter signed and stamped by the Director of the Motor Vehicle Management Bureau / General Department of Technical Services / Ministry of National Defense (hereinafter referred to as the Motor Vehicle Management Bureau) (in accordance with the prescribed model):

1.2. A registration application form (in accordance with the prescribed model):

1.3. Transfer documents for the vehicle:

1.4. Stamp duty payment receipts:

15. Vehicle origin documents.

2. The transfer documents for the vehicle specified in point 1.3 above include one of the following types of documents:

2.1. Sales, gift, or donation contracts; purchase and sale decisions or contracts in accordance with the law; sales invoices in accordance with the Ministry of Finance's regulations.

2.2. In cases where the transferred vehicle belongs to administrative or non-commercial organizations or individuals, there is no need for a sales invoice.

3. Stamp duty payment receipts specified in point 1.4 above are detailed as follows:

3.1. Receipts for stamp duty payments or payment vouchers to the state budget in cash or by check through the national treasury (with confirmation from the treasury that the money has been received).

3.2. In cases where stamp duty is exempted, a declaration of stamp duty exemption must be provided, confirmed by the competent tax authority.

3.3. In cases where multiple vehicles share one stamp duty payment receipt, a declaration of stamp duty and a certified copy of the stamp duty payment receipt from the issuing authority must be provided.

4. Vehicle origin documents specified in point 1.5 above are detailed as follows:

4.1. For trucks registered and managed by the military before December 31, 1989:

Original vehicle documentation (if original documentation is unavailable, the vehicle owner must provide a statement detailing the vehicle's origin, which must be confirmed by the commanding officer of a unit subordinate to the Ministry of National Defense) and a vehicle registration certificate from the Motor Vehicle Management Bureau.

4.2. Economic military vehicles registered and managed after December 31, 1989, or newly equipped or purchased by military units:

4.2.1. Complete imported vehicles under commercial contracts:

a) Vehicle origin declaration forms as required:

b) Receipts for special consumption taxes (for vehicles subject to such taxes as required by law). If multiple vehicles share one tax receipt, a certified copy of the tax receipt signed by the tax-paying entity must be provided. If special consumption tax is exempted, a tax exemption confirmation document from the authorized authority must be provided.

c) For donated vehicles, an additional donation confirmation document from the Ministry of Finance is required.

4.2.2. Complete imported vehicles not under commercial contracts:

a) Export and import permits for non-commercial goods as stipulated by the General Customs Department.

b) Non-commercial import declarations as required by the General Customs Department:

c) Receipts for export and import duties.

d) Receipts for special consumption taxes (for vehicles subject to such taxes as required by law). If multiple vehicles share one tax receipt, a certified copy of the tax receipt signed by the tax-paying entity must be provided. If special consumption tax is exempted, a tax exemption confirmation document from the authorized authority must be provided.

e) Special purpose vehicles taxed as a percentage only require a non-commercial import declaration form as prescribed by the General Customs Department, clearly stating the vehicle brand, engine number, and chassis number.

4.2.3. Vehicles produced and assembled in Vietnam:

a) Quality inspection certificates for motor vehicles exported from Vietnam as required by the Ministry of Transport.

For vehicles assembled in Vietnam bearing foreign brand names, if they are reassembled into domestic brand name vehicles or further assembled into different types of vehicles, each assembly must have a quality inspection certificate as required by the Ministry of Transport.

b) Vehicle origin declaration forms (for vehicles assembled from parts as required by the General Customs Department, a vehicle origin declaration form is also required).

4.2.4. Modified vehicles:

a) Vehicles changing their transport nature:

4.2.4. Modified vehicles :

a) Vehicles changing their carriage characteristics :

+ Vehicle registration certificate (for registered vehicles) or import origin documents (for used vehicles permitted to be imported).

+ Certificate of roadworthiness for modified motor vehicles in accordance with regulations.

Registration will not be processed for specialized vehicles changing functions before five years and refrigerated vehicles before three years (from the date of importation) as prescribed by the Government.

b) Vehicles that have replaced the engine assembly, chassis body (block), or frame assembly from imports:

+ Vehicle registration certificate.

+ Original confirmation document from the customs authority where the import procedures were handled for such assembly. In cases of non-trade imports, there must be an import declaration form and tax receipt for import duties.

+ If the replaced assembly (engine, chassis body, or frame) is of a different brand or technical specifications, a certificate of roadworthiness for modified motor vehicles in accordance with regulations must be provided.

c) Vehicles that have replaced the engine assembly, chassis body (block), or frame domestically produced:

+ Vehicle registration certificate.

+ Sales documents of the production facility for the assembly.

+ Quality inspection report (KCS) of the production facility.

d) In cases where the assembly of a registered vehicle is used to replace another vehicle, a certificate of cancellation of registration must be provided. The certificate of cancellation of registration must clearly state it is issued for the engine assembly or frame assembly.

B. PROCEDURES FOR REGISTERING MILITARY VEHICLES PERFORMING NATIONAL DEFENSE TASKS WITH CIVILIAN LICENSE PLATES

1. A request letter signed by the leadership of the Ministry of National Defense sent to the Ministry of Public Security and approved by the leadership of the Ministry of Public Security.

2. The registration procedures and documents must be complete as stipulated in Section A, Part II of this Circular. For vehicles already registered with military license plates, a copy of the vehicle registration certificate and original documents of the vehicle, confirmed by the Motor Vehicle Management Bureau, must be provided.

C. PROCEDURES FOR REPLACING OR ISSUING NEW VEHICLE REGISTRATION CERTIFICATES AND LICENSE PLATES

1. Replacing vehicle registration certificates or license plates:

For modified vehicles, vehicles that have changed paint color, vehicles of units due to organizational changes, damaged or worn-out registration certificates, or faded license plates, new registration certificates or license plates can be issued using the old number:

1.1. Application for replacing vehicle registration certificates or license plates (in accordance with the prescribed format);

1.2. Request letter from the unit owning the vehicle.

When submitting the application, the old registration certificate and license plate must be returned to the traffic police agency.

2. Issuing new vehicle registration certificates or license plates for lost ones:

2.1. Application for issuing new vehicle registration certificates or license plates (in accordance with the prescribed format).

2.2. Request letter from the Motor Vehicle Management Bureau.

After sixty days from the date the traffic police agency receives the application without any suspicion, new certificates will be issued. In exceptional cases, prior issuance requires approval from the Director of the Provincial Police Department.

D. PROCEDURES FOR RE-ENGRAVING ENGINE NUMBERS AND FRAME NUMBERS

1. For imported vehicles where the customs import documents indicate no engine or frame numbers or they cannot be found, re-engraving can be done based on the registration number.

If the engine or frame numbers are engraved on a VIN or Etiket plate, painted, or faded, they can be re-engraved according to the numbers confirmed by the customs authority in the import documents.

2. Domestic manufactured or assembled vehicles:

- Vehicles with engine or frame numbers engraved by punch (lade) or faded numbers can be re-engraved according to the numbers recorded in the quality control export certificate.

- Vehicles with overlapping engine or frame numbers must undergo forensic examination at the Criminal Science Institute of the People's Public Security. If the examination concludes that the numbers have been tampered with, the registration will not be accepted. If the examination confirms the originality of the numbers, they can be re-engraved according to the numbers recorded in the quality control export certificate.

3. For registered vehicles that have replaced new frames, engines, or chassis bodies (blocks) without numbers, the frame and engine numbers should be re-engraved based on the registration number.

E. REGULATIONS ON CANCELLATION OF VEHICLE REGISTRATIONS

1. Situations requiring cancellation of vehicle registrations include: : Old and unusable vehicles, vehicles stripped for parts replacement, vehicles past their service life, and military vehicles no longer required to carry civilian license plates.

2. Documents for cancellation of vehicle registrations include:

2.1. Application for cancellation of registration (in accordance with the prescribed format).

2.2. Request for cancellation from the Motor Vehicle Management Bureau.

2.3. Vehicle registration certificate and license plate.

F. TRANSFER OF OWNERSHIP AND MOVEMENT OF VEHICLES

Within thirty days from the decision to transfer the management of a registered vehicle to the Motor Vehicle Management Bureau or the decision to liquidate the vehicle, the owner must process the transfer of ownership or movement of the vehicle at the traffic police agency responsible for registration and management.

1. Procedures for transferring ownership and moving the vehicle to the Motor Vehicle Management Bureau include:

1.1. Two applications for transfer of ownership and movement (in accordance with the prescribed format).

1.2. Vehicle registration certificate.

1.3. Decision to transfer the vehicle registration to the Ministry of National Defense signed by the commander of the unit under the Ministry of National Defense.

When processing the application, the owner does not need to bring the vehicle but must return the license plate.

2. Procedures for transferring ownership and moving the vehicle to civilian use:

2.1. Two applications for transfer of ownership and movement (in accordance with the prescribed format).

2.2. Vehicle registration certificate.

2.3. Liquidation decision of the General Staff - Ministry of National Defense (original or certified copy by the Motor Vehicle Management Bureau, signed and stamped).

2.4. Original certificate of permission to sell the vehicle to civilians signed and stamped by the Director of the Motor Vehicle Management Bureau (issued for each vehicle).

2.5. Transfer documents.

When processing the application, the owner does not need to bring the vehicle but must return the license plate.

The transfer and movement certificate issued by the traffic police agency includes three copies: one for the owner, one retained by the traffic police agency, and one sent to the Motor Vehicle Management Bureau for monitoring and management.

III. REGULATIONS ON INSPECTION AND HANDLING OF MILITARY VEHICLES VIOLATING ROAD TRAFFIC LAWS

1. Military vehicles and drivers participating in traffic must have the following documents:

1.1. Vehicle registration certificate issued by the Motor Vehicle Management Bureau.

1.2. Military driver's license.

1.3. Operation permit signed by the commander of the unit under the Ministry of National Defense.

1.4. Work permit for the vehicle.

1.5. Order or transport document.

1.6. Other documents as prescribed by law.

2. Traffic police forces and military control forces, when performing their duties and patrolling, if they discover military vehicles participating in activities on public roads with violations of road traffic laws, have the authority to stop such vehicles for inspection and strict handling according to the regulations on administrative penalties for road traffic offenses.

3. Military drivers must strictly comply with traffic police forces' and military control forces' orders to stop and present the vehicle and driver-related documents specified in point 1 above when requested. Any acts of evading inspection or resisting enforcement officers shall be dealt with strictly according to the law.

4. Based on actual circumstances, competent agencies of the Ministry of National Defense and the Ministry of Public Security shall plan and organize periodic inspections of military vehicles operating on public roads nationwide or along specific routes and localities.

5. Road traffic accidents involving military vehicles shall be handled jointly by competent authorities of the Ministry of Public Security and the Ministry of National Defense in accordance with the law.

6. Administrative violations by military drivers and military personnel violating the Road Traffic Law shall be handled by competent authorities of the Ministry of Public Security and reported monthly to the Motor Vehicle Management Bureau.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette and replaces Circular No. 2552/TTLB-NV-QP dated December 27, 1995, issued by the Ministry of Interior and the Ministry of National Defense guiding the implementation of Decree No. 36/CP dated May 29, 1995, of the Government on ensuring traffic order and safety on public roads and urban traffic order and safety.

2. Military economic vehicles that were registered and assigned license plates by the Highway and Railway Traffic Police General Department before this Circular takes effect may continue to operate.

3. The Ministry of Public Security and the Ministry of National Defense require the Highway and Railway Traffic Police General Department, the Motor Vehicle Management Bureau, and subordinate units to strictly implement the provisions of this Circular.

4. The Motor Vehicle Management Bureau is responsible for coordinating with the Highway and Railway Traffic Police General Department to compile statistics on vehicles introduced for registration at the Highway Traffic Police Department to report to the General Staff Department of the Ministry of National Defense. The Motor Vehicle Management Bureau shall report the implementation status of this Circular to relevant agencies of the Ministry of National Defense every six months./.