Circular No. 24/2009/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, replacing, and revoking registration certificates and license plates for specialized motorcycles participating in road traffic

专用于道路交通

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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, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport hereby stipulates regulations on issuing, replacing, 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, replacing, 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 within 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 set out in Appendix 1 of this Circular.

Chapter II

INITIAL REGISTRATION

Section I. DOCUMENTS

Article 4. List of documents for vehicle registration

1. Application form for initial registration.

2. Proof of ownership of specialized motorcycles.

3. Proof of origin of specialized motorcycles.

4. Proof of stamp duty payment.

Article 5. Application form for initial registration

The application form for initial registration shall be in accordance with the model prescribed in Appendix 2 of this Circular.

Article 6. Proof of ownership of specialized motorcycles

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

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

b) Sales, gift, or transfer certificate in the prescribed form in Appendix 3 of this Circular;

c) Inheritance document as prescribed by law;

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

đ Decision on receipt of aid from authorized agencies;

e) Auction document as prescribed by law;

g) Dispatch order of the National Reserve Administration. In case of dispatch orders for multiple specialized motorcycles, each motorcycle must have a certified copy from the authorized agency;

2. In cases of purchase or gift through multiple parties, only the final sales or gift document is required when registering.

Article 7. Proof of origin

1. For domestically produced or assembled specialized motorcycles, it is the quality inspection certificate at the time of factory release issued by the production facility.

2. For imported specialized motorcycles, it is the import goods declaration form in the prescribed format by the Ministry of Finance.

3. For specialized motorcycles that have been modified:

In addition to the documents specified in Clause 1 or Clause 2 of this Article, there must also be an acceptance certificate at the time of factory release issued by the authorized modification facility. If the engine or chassis has been replaced, proof of sale of the replacement engine or chassis is required. If the replacement engine or chassis was previously used in specialized motorcycles that had been registered, a cancellation registration form as prescribed in Appendix 4 of this Circular must be provided.

4. For specialized motorcycles without legitimate origin that have been processed by authorized agencies, there must be a decision on processing as prescribed by law.

Article 8. Documents for Stamp Duty

Documents for payment or exemption from stamp duty shall be in accordance with the regulations of the Ministry of Finance. In cases where multiple vehicles share one document for stamp duty payment, each specialized vehicle must have a certified copy issued by the competent authority.

Part II. PROCEDURES AND TIME LIMITS FOR REGISTRATION

Article 9. Procedures

1. Submitting registration files

a) The place to submit registration files is the Department of Transport at the location where the owner has their main office or permanent residence.

b) The owner of the specialized vehicle must personally submit the registration file and present an Identity Card or Passport; if not the direct owner, they must provide a power of attorney from the vehicle owner confirmed by the People's Committee of the commune, ward, or town; in case of representing an organization, a letter of introduction from the organization is required.

c) The person submitting the file for registration must fill out the registration declaration form according to the model specified in Appendix 2 of this Circular, complete the file, and bear legal responsibility for the contents declared.

2. The Department of Transport receives the file and guides the person submitting the registration file to complete it (if necessary).

3. Inspection of specialized vehicles:

a) Inspection location: agreed upon with the owner. In cases where the specialized vehicle is operating (or managed) in another province or centrally governed city, the Department of Transport where the registration is issued will accept the registration file and introduce the owner to contact the Department of Transport where the specialized vehicle is operating (or managed) for inspection;

b) The content of the inspection is recorded on the inspection form according to the provisions in Appendix 5 of this Circular.

4. Time limit for issuing registration and license plates

Within fifteen working days from the date of receiving all valid files, the Department of Transport issues registration and license plates to the owner and records them in the management book according to the model specified in Appendix 6; in case of non-issuance, a written response must be provided with clear reasons.

Chapter III

REGISTRATION WITH A TIME LIMIT

Article 10. Objectives

Specialized vehicles temporarily imported and re-exported under foreign investment projects in Vietnam, and ODA projects in Vietnam must obtain time-limited registration when participating in road traffic.

Article 11. Documents

1. The application for time-limited registration according to the model specified in Appendix 7 of this Circular.

2. A certified copy of the investment permit of the foreign project investor in Vietnam issued by the competent authority.

3. Origin documents as prescribed in Clause 1 or 2 of Article 7 of this Circular.

4. Documents for stamp duty payment as prescribed in Article 8 of this Circular.

Article 12. Effectiveness of the Certificate of Time-Limited Registration

The validity period of the certificate of time-limited registration for specialized vehicles is based on the validity period of the investment permit of the foreign project investor in Vietnam.

Article 13. Procedures and Time Limits for Issuing Time-Limited Registration

The procedures, time limits for issuing time-limited registration are stipulated in Part II Chapter II of this Circular.

Chapter IV

REPLACEMENT, REISSUANCE OF REGISTRATION AND LICENSE PLATES AND ISSUANCE OF TEMPORARY REGISTRATION

Article 14. Replacement of Registration and License Plates

1. Owners of specialized vehicles that have been modified, repainted, or whose registration certificates and license plates are damaged must apply for replacement at the Department of Transport where the original registration was issued according to the original registration number.

2. Documents include:

a) Application for replacement of specialized vehicle registration according to the model specified in Appendix 8 of this Circular;

b) Original registration certificate;

c) License plate of the specialized vehicle (in case of damage).

Article 15. Reissue of Registration Certificate and License Plate

1. The owner of a specialized motorcycle that has lost the registration certificate or license plate shall apply for reissue at the Department of Transport where the original registration was issued, based on the original license plate number.

2. Documents include:

a) A reissue application form for a specialized motorcycle registration according to the model prescribed in Appendix 8 of this Circular;

b) A report of loss confirmed by the police authority.

Article 16. Issuance of Temporary Registration

1. For specialized motorcycles that have not been registered, when moving on public roads, they must be temporarily registered. The owner shall submit an application form according to the model prescribed in Appendix 9 of this Circular at the Department of Transport where the specialized motorcycle is being transferred from to obtain a temporary registration.

2. The temporary registration certificate for specialized motorcycles according to the model prescribed in Appendix 10 of this Circular shall be valid for 20 days from the date of issuance; if expired, it may be extended once for no more than 20 days.

Article 17. Timeframe for Issuing Replacement, Reissue, and Temporary Registration

1. Within no more than three working days from the date of receiving complete and valid documents, the Department of Transport shall issue replacement or temporary registration for the owner; in case of non-issuance, a written response with clear reasons must be provided.

2. In case of reissuing the registration certificate and license plate: within 30 days from the date of receiving complete and valid documents as stipulated in Clause 2 of Article 15, if there is no dispute, the Department of Transport shall reissue the registration certificate and license plate for the owner.

Chapter V

TRANSFER OF OWNERSHIP AND REGISTRATION OF SPECIALIZED MOTORCYCLES

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

1. In cases where specialized motorcycles are sold, given, gifted, or inherited within the same province or centrally-administered city: The Department of Transport will accept the documents, inspect the specialized motorcycles according to Clause 3 of Article 9 of this Circular, and issue a new registration certificate under the name of the new owner while retaining the original license plate.

2. Documents include:

a) An application form for registering a specialized motorcycle according to the model prescribed in Appendix 2 of this Circular;

b) One of the documents as prescribed in point a, b, c of Clause 1 of Article 6 and Article 8 of this Circular.

Article 19. Transfer of Registration and Change of Ownership

Owners who sell or receive specialized motorcycles through gifts, inheritances, or transfers between different provinces or centrally-administered cities shall follow the procedures for transferring registration and changing ownership as follows:

1. Procedures at the Department of Transport where the transfer originates:

a) Documents include: An application form for transferring registration of a specialized motorcycle according to the model prescribed in Appendix 11 of this Circular; one of the documents as prescribed in point a, b, c of Clause 1 of Article 6 of this Circular;

b) The Department of Transport will issue a transfer registration form for specialized motorcycles according to the model prescribed in Appendix 12 of this Circular, reclaim the license plate, cut the upper right corner of the registration certificate, record it in the management ledger, and return the documents to the owner.

2. Registration procedures at the Department of Transport where the transfer is received:

a) Registration documents include: An application form for registering a specialized motorcycle according to the model prescribed in Appendix 2 of this Circular; one of the documents as prescribed in point a, b, c of Clause 1 of Article 6 and Article 8 of this Circular; a transfer registration form for specialized motorcycles according to the model prescribed in Appendix 12 of this Circular attached to the registration documents;

b) The Department of Transport will accept the documents, conduct inspections of specialized motorcycles according to Clause 3 of Article 9 of this Circular, and issue the registration and license plate to the owner.

3. In cases where the transfer of registration does not involve a change of ownership: the procedures and documents shall be as stipulated in Clauses 1 and 2 of this Article but without the need to attach one of the documents prescribed in point a, b, c of Clause 1 of Article 6 and Article 8 of this Circular.

Article 20. Time for Transfer and Registration Name Change Procedures

Within no more than three working days from the date of receiving complete and valid documents, the Department of Transport shall carry out the transfer and registration name change procedures for specialized motorcycles for the owner; in case of failure to transfer and change the registration name, a written response must be provided with clear reasons stated.

Chapter VI

REGISTRATION CODE, CERTIFICATE OF REGISTRATION AND LICENSE PLATE

Article 21. Registration Code

The registration code for each province and centrally governed city is uniformly defined according to the motor vehicle registration code participating in road traffic as stipulated in Appendix 13 of this Circular.

Article 22. Certificate of Registration

1. The model of the certificate of registration for specialized motorcycles is prescribed in Appendix 14 of this Circular.

2. The model of the certificate of registration for specialized motorcycles with a time limit is prescribed in Appendix 15 of this Circular.

Article 23. License Plate

The license plate for specialized motorcycles follows the model prescribed in Appendix 16 of this Circular.

Chapter VII

CANCELLATION AND RECOVERY OF REGISTRATION

Article 24. Cancellation of Registration

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

2. The owner shall fill out the declaration form according to the model prescribed in Appendix 4 of this Circular and return the certificate of registration and license plate (except in cases of loss).

3. The Department of Transport shall cancel the registration and confirm on the declaration form within no more than two days from the date of receipt of the declaration form.

Article 25. Recovery of Registration and License Plate

1. The certificate of registration and license plate of specialized motorcycles issued will be recovered when violations of the regulations on issuance of registration and license plates as prescribed in this Circular are discovered.

2. The Department of Transport shall issue a decision to recover the issued registration and license plate, notify relevant agencies in the locality and report to the General Department of Roads of Vietnam.

Chapter VIII

HANDLING OF CASES ARISING IN THE ISSUANCE OF REGISTRATION

Article 26. Cases of Re-engraving Engine Number and Frame Number

1. When inspecting and discovering that the engine or frame of the specialized motorcycle does not have a number or the number is unclear, the Department of Transport shall re-engrave the engine number and frame number and record it on the inspection form according to the model prescribed in Appendix 5 of this Circular.

2. The process of re-engraving the engine number and frame number is carried out as follows:

a) Re-engrave when there is no engine number or frame number on the file and actual inspection of the specialized motorcycle according to the method prescribed in Appendix 17 of this Circular;

b) Re-engrave the engine number and frame number that are unclear according to the correct engine number and frame number in the file of the specialized motorcycle.

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

Article 27. Handling of Cases of Disputes Regarding Documents

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

a) The owner shall make a declaration according to the model prescribed in Appendix 18 and publicly announce on mass media three consecutive times in the locality according to the model prescribed in Appendix 19 of this Circular;

b) After seven days from the last public announcement, if there is no dispute, the Department of Transport shall proceed with issuing the registration for the owner. In cases of loss due to natural disasters or fire, a confirmation letter from local authorities is sufficient and there is no need to make public announcements;

2. In cases where the owner of the specialized motorcycle has lost one of the documents listed in the transfer document's movement form:

a) The owner shall make a declaration according to the model prescribed in Appendix 18 of this Circular;

b) After fifteen days from the date of receiving complete and valid documents, the Department of Transport shall proceed with issuing the registration for the owner.

3. The owner of the specialized motorcycle referred to 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 license plate.

Article 28. Handling cases arising from transfer and registration change

1. For specialized motorcycles that have been transferred for 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 Clause 2, Article 19 of this Circular.

2. After issuing the registration certificate, the Department of Transport issuing the registration certificate shall notify the Department of Transport from which the vehicle was transferred to update the registration management records.

Chapter IX

RESPONSIBILITY PROVISIONS

Article 29. Vietnam Highway Administration

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

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

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

Article 30. Departments of Transport

1. Implement the issuance and revocation of registration certificates and license plates according to this Circular's regulations 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 certificates and license plates, and other related documents concerning the issuance and revocation of registration certificates and license plates;

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

c) Maintain a registration management ledger according to the model specified in Appendix 6 of this Circular.

3. Collect, remit, and utilize registration fees and charges according to the Ministry of Finance's regulations.

4. Report to the Vietnam Highway Administration on the demand for blank registration certificates and license plates according to the model specified in Appendix 20 of this Circular.

5. By January each year, report on the issuance of registration certificates and license plates according to the model specified in Appendix 21 of this Circular to the Vietnam Highway Administration for compilation and reporting to the Ministry of Transport.

Article 31. Owners of specialized motorcycles

1. Comply with the provisions regarding the issuance, replacement, and revocation of registration certificates and license plates in this Circular; bear legal responsibility for any actions that falsify registration files (if applicable).

2. Pay registration fees and charges for specialized motorcycles according to the Ministry of Finance's regulations.

Chapter X

EFFECTIVE DATE AND IMPLEMENTATION

Article 32. Effectiveness

1. This Circular takes effect 45 days from the date of issuance and replaces Decision No. 4381/2001/QĐ-BGTVT dated December 19, 2001, issued by the Minister of Transport on the issuance of regulations on registration certificates, license plates, technical safety inspections, and environmental protection for specialized motorcycles participating in road traffic.

2. Specialized motorcycles that have already been registered and received license plates before this Circular takes effect may continue to participate in road traffic.

Article 33. Implementation Organization

1. The Vietnam Highway Administration and Departments of Transport are responsible for implementing this Circular.

2. Directors of the Ministry's Office, Heads of the Ministry's Inspectorate, Heads of all Departments, the Director of the Vietnam Highway Administration, Directors of Departments of Transport, Heads of agencies, organizations, and individuals concerned are responsible for enforcing this Circular./.