Circular No. 20/2010/TT-BGTVT on the issuance, replacement, and revocation of registration certificates and license plates for specialized motorcycles participating in road traffic

CIRCULAR

Regulations on issuing, renewing, and revoking registration certificates and license plates for specialized motorcycles participating in road traffic

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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 Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Based on Resolution No. 25/NQ-CP dated June 2, 2010 of the Government regarding the simplification of 258 administrative procedures within the scope of management functions of ministries and sectors;

The Minister of Transport hereby stipulates regulations on issuing, renewing, and revoking registration certificates and license plates for specialized motorcycles participating in road traffic as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates regulations on issuing, renewing, and revoking registration certificates and license plates for specialized motorcycles participating in road traffic.

Article 2. Applicability

1. This Circular applies to agencies, organizations, and individuals related to specialized motorcycles participating in road traffic on the territory of the Socialist Republic of Vietnam.

2. This Circular does not apply to specialized motorcycles of the Ministry of National Defense and the Ministry of Public Security used for national defense and security purposes.

Article 3. List of specialized motorcycles required to be registered

The list of specialized motorcycles participating in road traffic (hereinafter referred to as specialized motorcycles) that must be registered is specified in Appendix 1 of this Circular.

Chapter II

REGISTRATION OF SPECIALIZED MOTORCYCLES FOR THE FIRST TIME

Article 4. Documents for first-time registration of specialized motorcycles

1. The documents for first-time registration of specialized motorcycles include:

a) Application form for registering specialized motorcycles;

b) Proof of ownership of specialized motorcycles;

c) Origin proof of specialized motorcycles;

d) Proof of stamp duty payment.

2. The number of sets of documents to be submitted is one (1) set.

Article 5. Application form for registering specialized motorcycles

The application form for registering specialized motorcycles shall be in accordance with the model prescribed in Appendix 2 of this Circular (original).

Article 6. Proof of ownership of specialized motorcycles

1. Proof of ownership of specialized motorcycles is one of the following documents:

a) Decision or sales contract together with invoice as prescribed by the Ministry of Finance (original);

b) Sale, gift, or transfer certificate according to the model prescribed in Appendix 3 of this Circular (original or certified copy);

c) Inheritance document as prescribed by law (original or notarized copy);

d) Written consent from the financial leasing company allowing the lessee to register ownership rights (original);

đ) Decision on receiving aid from the competent authority (original or certified copy);

e) Auction document as prescribed by law (original or certified copy);

g) Export order of the State General Reserve. In case the export order includes multiple specialized motorcycles, each motorcycle must have a certified copy.

2. In cases where there are multiple transactions involving sales or gifts among different parties, only the final sales or gift document is required when registering.

Article 7. Origin proof of specialized motorcycles

1. For domestically produced or assembled specialized motorcycles, the origin proof is the quality inspection certificate issued by the production facility (original).

2. For imported specialized motorcycles, the origin proof is the import declaration form according to the model prescribed by the Ministry of Finance (original or certified copy).

3. For specialized motorcycles that have been modified, in addition to the documents prescribed in Clause 1 or Clause 2 of this Article, there must also be an acceptance certificate upon completion issued by the authorized modification facility. If the engine or frame has been replaced, there must be a purchase contract for the replacement engine or frame. If the replacement engine or frame was previously registered, there must be a cancellation registration form according to the model prescribed in Appendix 4 of this Circular (all mentioned documents are originals).

4. For specialized motorcycles without legitimate origins that have been processed by the competent authority, there must be a decision on processing according to the provisions of the law (original or certified copy).

Article 8. Documents for Stamp Duty on Transfer of Ownership

Documents for payment or exemption from payment of stamp duty on transfer of ownership shall be in accordance with the provisions of the Ministry of Finance. In cases where multiple vehicles share one document for payment of stamp duty on transfer of ownership, each specialized vehicle must have a certified copy.

Article 9. Procedures for Implementation

1. The owner of the specialized vehicle shall prepare the registration dossier for the specialized vehicle in accordance with Article 4 of this Circular and submit it directly to the Department of Transport at the location where the owner has its principal office or place of permanent residence.

When submitting the dossier, the owner of the specialized vehicle must present their Identity Card or Passport for verification; if not the owner themselves, the authorized person must have a power of attorney from the owner, confirmed by the signature of the People's Committee of the commune, ward, or town; representatives of organizations must have an introduction letter from their organization.

2. The Department of Transport shall be responsible for:

a) Receiving, checking the dossier, and guiding the person submitting the registration dossier for the specialized vehicle to complete the dossier (if necessary).

b) Issuing a Notice of Appointment for Inspection of Specialized Vehicle and delivering the registration result for the specialized vehicle according to the model prescribed in Appendix 5 of this Circular.

3. The Department of Transport shall conduct inspections of specialized vehicles:

a) Inspection location: agreed upon with the owner and recorded in the Notice of Appointment. In cases where the specialized vehicle is operating (or managed) in another province or centrally-administered city, the Department of Transport that received the registration dossier shall introduce the owner to contact the Department of Transport where the specialized vehicle is operating (or managed) for inspection;

b) Content of inspection of specialized vehicles is recorded in the Inspection Form according to the provisions in Appendix 6 of this Circular.

4. Time limit for issuing the Certificate of Registration and License Plate

Within fifteen working days from the date of receiving all required documents, the Department of Transport shall issue the Certificate of Registration and license plate for the specialized vehicle to the owner and record it in the management ledger according to the model prescribed in Appendix 7 of this Circular; in case of non-issuance of the Certificate of Registration and license plate, a written response must be provided with clear reasons.

Chapter III

REGISTRATION WITH A TIME LIMIT FOR SPECIALIZED VEHICLES

Article 10. Objectives

Specialized vehicles temporarily imported and re-exported under foreign investment projects in Vietnam, and ODA projects in Vietnam must register with a time limit when participating in road traffic.

Article 11. Dossier for Registration with a Time Limit for Specialized Vehicles

The dossier for registration with a time limit for specialized vehicles consists of one set, including:

1. Application for registration with a time limit for specialized vehicles according to the model prescribed in Appendix 8 of this Circular (original);

2. Certified copy of Investment Permit or Investment Certificate of the foreign project investor in Vietnam;

3. Origin document of specialized vehicles according to Clause 1 or Clause 2 of Article 7 of this Circular.

4. Document for payment of stamp duty on transfer of ownership according to Article 8 of this Circular.

Article 12. Validity of the Certificate of Registration with a Time Limit for Specialized Vehicles

The validity period of the Certificate of Registration with a Time Limit for Specialized Vehicles runs from the date of issuance until the expiration date of the Investment Permit or Investment Certificate of the foreign project investor in Vietnam.

Article 13. Procedure for Implementation and Time Limit for Issuing the Certificate of Registration with Validity Period for Special Purpose Motorcycles

The procedure for implementation and time limit for issuing the Certificate of Registration with Validity Period for Special Purpose Motorcycles shall be carried out in accordance with the provisions of Article 9 of this Circular.

Chapter IV

CHANGE, ISSUE AGAIN REGISTRATION AND LICENSE PLATE, ISSUE TEMPORARY REGISTRATION

Article 14. Change registration and license plate

1. The owner of a special purpose motorcycle that has been modified, repainted, or whose Certificate of Registration or license plate is damaged must complete the procedures to change the registration and license plate at the Department of Transport where the registration was originally issued.

2. Documents for changing registration include:

a) Application form for changing registration and license plate of special purpose motorcycles as prescribed in Appendix 9 of this Circular (original copy);

b) Certificate of Registration of special purpose motorcycles already issued (original copy);

c) License plate of special purpose motorcycles (in case the license plate is damaged).

Article 15. Reissue registration and license plate

1. The owner of a special purpose motorcycle who has lost the Certificate of Registration or license plate must complete the procedures to reissue the registration and license plate at the Department of Transport where the registration was originally issued.

2. Documents for reissuing registration and license plate include:

Application form for reissuing registration and license plate of special purpose motorcycles as prescribed in Appendix 9 of this Circular (original copy).

Article 16. Issue temporary registration

1. For special purpose motorcycles that have not yet been registered, when moving on public roads, they must be temporarily registered. The owner must fill out the "Application for Temporary Registration of Special Purpose Motorcycles" according to the model prescribed in Appendix 10 of this Circular and submit it to the Department of Transport where the special purpose motorcycle is being moved to obtain a temporary registration.

2. The Certificate of Temporary Registration for special purpose motorcycles as prescribed in Appendix 11 of this Circular shall have a validity period of 20 days from the date of issuance; if expired, it can be extended once for no more than 20 days.

Article 17. Procedure for Implementation and Time Limit for Changing, Reissuing, and Issuing Temporary Registration

1. The owner of a special purpose motorcycle prepares one set of documents and submits them to the Department of Transport in accordance with Articles 14, 15, and 16 of this Circular.

When submitting the dossier, the owner of the specialized vehicle must present their Identity Card or Passport for verification; if not the owner themselves, the authorized person must have a power of attorney from the owner, confirmed by the signature of the People's Committee of the commune, ward, or town; representatives of organizations must have an introduction letter from their organization.

2. The Department of Transport shall be responsible for:

a) Accepting, checking the documents and guiding the person submitting the documents to complete the documents (if necessary).

b) Writing a Notice of Result Delivery as prescribed in Appendix 5 of this Circular.

3. Within no more than three working days from the date of receiving all required documents, the Department of Transport will issue the changed registration or temporary registration for the owner; if not issued, a written response must be provided with clear reasons.

4. In the case of reissuing the Certificate of Registration and license plate: After 30 days from the date of receiving all required documents as stipulated in Clause 2 of Article 15, if there is no dispute, the Department of Transport will reissue the Certificate of Registration and license plate for the owner.

Chapter V

TRANSFER OF OWNERSHIP AND TRANSFER OF REGISTRATION OF SPECIAL PURPOSE MOTORCYCLES

Article 18. Transfer of Ownership within the Same Province or City

Special purpose motorcycles purchased, given, gifted, or inherited within the same province or centrally governed city must be registered for transfer of ownership in accordance with the following regulations:

1. Documents for registering the transfer of ownership include:

a) Application form for registering special purpose motorcycles as prescribed in Appendix 2 of this Circular (original copy);

b) One of the documents as prescribed in point a, b, or c of Clause 1 of Article 6 of this Circular;

c) Document as prescribed in Article 8 of this Circular.

2. The owner of a special purpose motorcycle prepares one set of documents as prescribed in Clause 1 of this Article and submits them to the Department of Transport where the special purpose motorcycle was originally registered.

When submitting the dossier, the owner of the specialized vehicle must present their Identity Card or Passport for verification; if not the owner themselves, the authorized person must have a power of attorney from the owner, confirmed by the signature of the People's Committee of the commune, ward, or town; representatives of organizations must have an introduction letter from their organization.

3. The Department of Transport is responsible for:

a) Accepting, checking the documents and guiding the person submitting the documents to complete the documents (if necessary);

b) Writing a Notice of Result Delivery as prescribed in Appendix 5 of this Circular;

c) Within no more than ten working days from the date of receiving all required documents, the Department of Transport issues the Certificate of Registration of special purpose motorcycles under the name of the new owner, retaining the original license plate; if the transfer of ownership registration is not approved, a written response must be provided with clear reasons.

Article 19. Transfer of Ownership to Another Province or City

For specialized motorcycles purchased, sold, given, gifted, or inherited from another province or centrally governed city, the transfer procedures and registration of ownership shall be carried out according to the following regulations:

1. The transfer registration procedure is handled at the Department of Transport where the specialized motorcycle has been registered.

a) The owner of the specialized motorcycle must submit one set of transfer registration documents including:

- A specialized motorcycle transfer registration application form as prescribed in Appendix 12 of this Circular (original);

- One of the documents as prescribed in point a, b, or c of Clause 1, Article 6 of this Circular.

b) The Department of Transport is responsible for:

- Receiving, examining the documents, and guiding the applicant to complete the documents (if necessary);

- Issuing a receipt for result delivery as prescribed in Appendix 5 of this Circular.

- Within no more than three working days from the date of receiving all required documents, the Department of Transport will issue a specialized motorcycle transfer registration certificate as prescribed in Appendix 13 of this Circular, collect the license plate, cut the upper right corner of the specialized motorcycle registration certificate, record it in the management ledger, and return the completed registration documents to the owner; if the transfer registration certificate is not issued, a written response with the reasons must be provided.

2. The procedure for registering the change of ownership at the Department of Transport in the destination location.

a) The owner of the specialized motorcycle must submit one set of ownership change registration documents including:

- A specialized motorcycle registration application form as prescribed in Appendix 2 of this Circular (original);

- One of the documents as prescribed in point a, b, or c of Clause 1, Article 6 of this Circular;

- The document as prescribed in Article 8 of this Circular;

- The specialized motorcycle transfer registration certificate (original) issued as prescribed in Clause 1 of this Article, attached to the completed registration documents.

b) The Department of Transport is responsible for:

- Receiving, examining the documents, and guiding the applicant to complete the documents (if necessary);

- Issuing a receipt for specialized motorcycle inspection and result delivery as prescribed in Appendix 5 of this Circular;

- Inspecting the specialized motorcycle as prescribed in Clause 3, Article 9 of this Circular;

- Within no more than fifteen working days from the date of receiving all required documents, the Department of Transport will issue the registration certificate and license plate for the specialized motorcycle and record it in the management ledger; if the registration and license plate are not issued, a written response with the reasons must be provided.

3. When submitting the documents, the owner of the specialized motorcycle must present their ID card or passport for verification; if not the original owner, the authorized person must have a power of attorney from the owner confirmed by the People's Committee of the commune, ward, or town; representatives of organizations must have an introduction letter from their organization.

Article 20. Transfer Registration of Specialized Motorcycles Without Changing Ownership

When the owner of a specialized motorcycle changes their main office or place of permanent residence to another province or centrally governed city, they must follow the transfer and re-registration procedures as follows:

1. The transfer registration procedure at the Department of Transport where the specialized motorcycle has been registered: carried out according to the provisions of Clause 1, Article 19 of this Circular, but the documents prescribed in point a, b, or c of Clause 1, Article 6 of this Circular do not need to be submitted in the documents.

2. The re-registration procedure at the Department of Transport in the destination location: carried out according to the provisions of Clause 2, Article 19 of this Circular; however, the owner of the specialized motorcycle does not need to submit the document prescribed in Article 8 of this Circular, and the Department of Transport does not inspect the specialized motorcycle as prescribed in Clause 3, Article 9 of this Circular.

Chapter VI

REGISTRATION NUMBER, CERTIFICATE, AND LICENSE PLATE

Article 21. Registration Code

The registration code for specialized motorcycles in each province and centrally governed city shall be uniformly defined according to the registration code for motor vehicles participating in road traffic as stipulated in Appendix 14 of this Circular.

Article 22. Certificate of Registration

1. The model of the Certificate of Registration for specialized motorcycles is prescribed in Appendix 15 of this Circular.

2. The model of the Temporary Certificate of Registration for specialized motorcycles is prescribed in Appendix 16 of this Circular.

Article 23. Registration Plate

The registration plate for specialized motorcycles shall follow the model prescribed in Appendix 17 of this Circular.

Chapter VII

CANCELLATION AND REVOCATION OF REGISTRATION

Article 24. Cancellation of Registration

1. Within sixty days from the date when the owner disposes of, loses, sells abroad, or re-exports the specialized motorcycle, they must complete the cancellation procedures at the Department of Transport where the registration was made.

2. The owner shall fill out the application form for cancellation of registration of specialized motorcycles according to the model prescribed in Appendix 4 of this Circular and submit it to the Department of Transport along with the Certificate of Registration of specialized motorcycles and the registration plate (except in cases of loss).

3. The Department of Transport shall collect the Certificate of Registration of specialized motorcycles and the registration plate; cancel the registration and confirm on the application form within two days from the date of receipt of the application form.

Article 25. Revocation of Registration and Plates

1. The Certificate of Registration and plates of specialized motorcycles that have been issued will be revoked if violations of the regulations on issuance of registration and plates as prescribed in this Circular are discovered.

2. The Department of Transport shall issue a decision to revoke the registration and plates that have been issued, notify the relevant agencies in the locality and report to the Vietnam Highway Administration.

Chapter VIII

HANDLING CASES ARISING DURING REGISTRATION

Article 26. Cases of Replacing Engine Numbers and Frame Numbers

1. When inspecting and finding that the engine and frame of specialized motorcycles do not have numbers or the numbers are unclear, the Department of Transport shall replace or reissue the engine and frame numbers and record them on the Inspection Form according to the model prescribed in Appendix 6 of this Circular.

2. The replacement or reissuing of engine and frame numbers shall be carried out as follows:

a) Replacement when there are no engine and frame numbers on the file and during actual inspection of specialized motorcycles according to the method prescribed in Appendix 18 of this Circular;

b) Reissuing of engine and frame numbers that are unclear according to the engine and frame numbers recorded in the file of specialized motorcycles.

3. In cases where signs of self-reissuing or erasing engine and frame numbers are detected, the owner must go to the competent authority for appraisal according to the law. If the appraisal result confirms that the frame and engine numbers have been reissued or erased, the file will be returned and await the conclusion of the competent authority.

Article 27. Handling Cases of Disputes Regarding Files

1. In cases where the owner of specialized motorcycles does not have the origin documents as prescribed in Article 7 of this Circular or has lost all the transfer files:

a) The owner shall make a declaration according to the model prescribed in Appendix 19 and publicly announce it on local mass media for seven consecutive days once a day according to the model prescribed in Appendix 20 of this Circular;

b) After seven days from the last public announcement, if there is no dispute, the Department of Transport shall process the issuance of registration for the owner. In cases of loss due to natural disasters or fire, a confirmation letter from the local authority is sufficient without the need for public announcement;

2. In cases where the owner of specialized motorcycles has lost one of the documents listed in the Transfer Declaration of the transfer file:

a) The owner shall make a declaration according to the model prescribed in Appendix 19 of this Circular;

b) After fifteen days from the date of receiving the complete file as prescribed, the Department of Transport shall process the issuance of registration for the owner.

3. The owner of specialized motorcycles mentioned in Clause 1 of this Article shall not sell, pledge, or mortgage the specialized motorcycle within one year from the date of issuance of the Certificate of Registration and the registration plate of the specialized motorcycle.

Article 28. Handling cases arising from transfer and change of registration

1. For specialized motorcycles that have been transferred registration but the owner has not yet completed the registration procedures at the destination before selling to another person, the Department of Transport where the buyer resides shall accept the application and process the registration according to the provisions of Article 19 of this Circular.

2. After issuing the registration, the Department of Transport issuing the registration shall notify the Department of Transport at the place of origin for adjustment in the registration management book.

Chapter IX

RESPONSIBILITIES

Article 29. Vietnam Road Administration General Department

1. Uniformly manage the issuance of registrations and license plates for specialized motorcycles nationwide.

2. Manage the issuance of blank certificates of registration, license plates, and engine and frame number stamping sets for specialized motorcycles.

3. Inspect the Departments of Transport's implementation of the provisions of this Circular.

Article 30. Departments of Transport

1. Implement the issuance, replacement, and revocation of registrations and license plates for specialized motorcycles according to the provisions of this Circular in their respective localities.

2. Manage registration files:

a) Store and manage registration files including initial registration, time-limited registration, replacement, reissue, temporary registration; transfer of ownership, transfer of registration; cancellation, revocation of registration and license plates, and other related documents concerning the issuance and revocation of registrations and license plates;

b) Any loss or fraud in the management of files stored at the Department of Transport will be handled according to the law;

c) Maintain a registration and license plate issuance management book for specialized motorcycles according to the model specified in Appendix 7 of this Circular.

3. Collect, remit, and utilize fees and charges for the issuance of registrations for specialized motorcycles according to the regulations of the Ministry of Finance.

4. Report to the Vietnam Road Administration General Department on the demand for blank Certificates of Registration and license plates for specialized motorcycles according to the model specified in Appendix 21 of this Circular.

5. By January each year, report on the issuance of registrations and license plates according to the model specified in Appendix 22 of this Circular to the Vietnam Road Administration General Department for compilation and reporting to the Ministry of Transport.

Chapter X

EFFECTIVE DATE AND IMPLEMENTATION

Article 31. Effective Date

1. This Circular takes effect 45 days from the date of issuance and replaces Circular No. 24/2009/TT-BGTVT dated October 15, 2009 of the Minister of Transport on the issuance, replacement, and revocation of registrations and license plates for specialized motorcycles participating in road traffic.

2. Specialized motorcycles that have already been issued Certificates of Registration and license plates before the effective date of this Circular may continue to participate in road traffic.

Article 32. Implementation Organization

The Director of the Ministry’s Office, the Inspector General, Heads of Departments, the General Director of the Vietnam Road Administration General Department, Directors of Departments of Transport, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.