Joint Circular No. 31/2007/TTLT/BCA-BGTVT guiding the cancellation of registration and recovery of license plates for road motor vehicles that have reached their service life limit

JOINT CIRCULAR

Guidelines for the cancellation of registration and recovery of license plates of motor vehicles that have reached their service life limit
motor vehicles that have exceeded their service life

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Pursuant to the Road Traffic Law adopted by the National Assembly of the Socialist Republic of Vietnam at its tenth session, ninth meeting on June 29, 2001;

Pursuant to Clause 1, Article 20 of Decree No. 14/2003/NĐ-CP dated December 19, 2003 of the Government detailing certain provisions of the Road Traffic Law;

Pursuant to Decree No. 23/2004/NĐ-CP dated January 13, 2004 of the Government regarding the service life of trucks and passenger cars;

Pursuant to point a, Clause 4 of Resolution No. 32/2007/NQ-CP dated June 29, 2007 of the Government on urgent measures to curb traffic accidents and congestion;

The Ministry of Public Security and the Ministry of Transport hereby stipulate the cancellation of registration and recovery of license plates of motor vehicles that have reached their service life limit, as follows:

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

1. Scope and subjects of application

This Circular stipulates the cancellation of registration and recovery of license plates of motor vehicles including trucks, passenger cars with more than ten seats, passenger transport vehicles, farm vehicles, and self-made three- or four-wheeled vehicles (hereinafter referred to as vehicles) that have reached their service life limit and are not permitted to operate according to the regulations of the Government.

2. Authorities with the power to implement the cancellation of registration and recovery of license plates quan shall be authorized to cancel the registration and recover the vehicle license plate

- Highway Police Department under the Ministry of Public Security.

- Traffic Police Division of Provincial Police Departments and Municipal Police Departments directly under the Central Government (referred to as Traffic Police Division).

- Police Departments of districts, counties, towns, and cities under provinces (collectively referred to as District Police Departments).

Vehicles registered and issued license plates in a locality shall be subject to the authority of the registration department in that locality to issue decisions on the cancellation of registration and recovery of license plates.

After receiving complete files for the cancellation of registration and recovery of license plates in accordance with the regulations, the competent authority must issue a Certificate of Vehicle Registration Cancellation to the vehicle owner.

II. SPECIFIC PROVISIONS

1. Files for the cancellation of registration and recovery of license plates

1.1. In cases where the vehicle owner processes the cancellation and returns the license plate.

The vehicle owner must fill out the Vehicle Registration Cancellation Declaration Form No. 03 issued together with Circular No. 01/2007/TT-BCA(C11) dated January 2, 2007 of the Ministry of Public Security; there is no need to bring the vehicle to the license plate recovery agency but the owner must return the vehicle registration certificate, license plate, and the Vehicle Registration Cancellation Declaration Form.

1.2. In cases where the authorized agencies temporarily detain vehicles that have reached their service life limit, expired operation period, or damaged vehicles due to accidents and cannot be used.

- Notification letter from the temporary detention agency;

- Administrative violation record or Decision on Temporary Detention of Vehicle Registration and License Plates (accompanied by the license plate and vehicle registration certificate).

1.3. Procedures for the cancellation of registration and recovery of license plates shall be carried out in accordance with point 2, section E, part II of Circular No. 01/2007/TT-BCA(C11) dated January 2, 2007 of the Ministry of Public Security.

2. Responsibilities of functional agencies in the cancellation of registration and recovery of license plates

2.1. For the agency responsible for recovering license plates

- Based on the list of trucks that have reached their service life limit provided by the inspection agency, the license plate recovery agency must review and withdraw the files of these vehicles to manage them separately for the purpose of processing the cancellation of registration and recovery of license plates.

- Coordinate with the police stations in the residential areas of the vehicle owners to notify owners of vehicles that have reached their service life limit, farm vehicles, and self-made three- or four-wheeled vehicles to come to the traffic police agency to process the cancellation and return the vehicle registration certificates and license plates within 15 days (from the date of receipt of the notification); if the deadline is exceeded and the owner does not voluntarily process the cancellation of registration, coordinate with the police station to cancel the registration and recover the license plates.

- Notify the list of vehicles that have reached their service life limit to local public security units responsible for ensuring traffic order and safety for detection and handling in accordance with the law.

2.2. For public security and transportation forces responsible for ensuring traffic order and safety

2.2.1. Through traffic order and safety work, if they discover trucks that have reached their service life limit, farm vehicles, and self-made three- or four-wheeled vehicles participating in traffic in their jurisdiction, the public security and transportation forces responsible for ensuring traffic order and safety must prepare administrative violation records, temporarily detain the vehicle registration certificates and license plates, and hand over to the Traffic Police Division in their locality to process the cancellation and recovery of license plates. If the vehicle is registered in another locality, they must notify in writing the Traffic Police Division where the vehicle is registered to process the cancellation of registration.

2.2.2. In cases where vehicles involved in traffic accidents are destroyed and cannot be used, the agency handling the accident temporarily detains the vehicle registration certificates and license plates (if available) and notifies in writing the vehicle registration agency to process the cancellation of registration.

2.3. For the Inspection Agency

- The Vietnam Vehicle Inspection Bureau and local inspection centers must review and identify trucks approaching their service life limit. Annually, they must notify the list of vehicles that have reached or are approaching their service life limit to the vehicle registration agencies (Highway Police Department, Traffic Police Division) and the Traffic Inspectorate for coordination in monitoring and management. At the same time, they must publicly announce this information through mass media for the people and local authorities to supervise.

- Notify the vehicle owners at least twice six months before the vehicle reaches its service life limit, requiring them to come to the traffic police agency to process the cancellation of registration. If a vehicle that has reached its service life limit comes for inspection, the inspection agency must suspend its operation, temporarily detain the vehicle registration certificate and license plate, and notify the license plate recovery agency to handle it in accordance with point 2.2.1, part II of this Circular.

- Coordinate with the traffic police and traffic inspectorate to organize inspections and handling of vehicles that have reached their service life limit, farm vehicles, and self-made three- or four-wheeled vehicles.

3. Management of recovered license plates and files for the cancellation of registration

3. 1. The competent authority that cancels registration and recovers license plates must manage the recovered license plates according to the management regime of the Ministry of Public Security. Every six months, it must report to the Director of the Highway Police Traffic Management Department under the Ministry of Public Security, the Provincial Police Chief, or the Municipal Police Chief directly under the Central Government (at the local level) to establish a committee to cancel the license plates of vehicles whose license plates have been recovered in accordance with Article 24 and Article 25 of Chapter III of the Registration, Issuance, and Management Procedures for Motor Vehicle License Plates issued pursuant to Decision No. 1370/2007/QĐ-BCA(C11) dated November 7, 2007 of the Ministry of Public Security. Recovered license plates shall not be reused for other vehicles.

3. 2. The files of vehicles that have exceeded their service life, homemade vehicles that have exceeded their operational period as prescribed by the Government, and vehicles destroyed in accidents and rendered unusable shall be stored according to the file management regime of the Ministry of Public Security. Within one year from the date of cancellation of registration, the vehicle registration agency shall report to the Director of the Highway Police Traffic Management Department under the Ministry of Public Security (at the central level) or the Provincial Police Chief, or the Municipal Police Chief directly under the Central Government (at the local level) to establish a committee to cancel the files in accordance with point 3.1 of Part II of this Circular.

III. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette.

2. It is requested that the Ministries, agencies at the ministerial level, and agencies under the Government, People's Committees of provinces and centrally governed municipalities, within their respective functions, duties, and authorities, cooperate with the Ministry of Public Security and the Ministry of Transport to effectively implement the recovery of vehicle license plates.

3. The Director of the Highway Police Traffic Management Department, the Director of the Vietnam Vehicle Inspection Agency, the Director of the Vietnam Highway Administration, the Directors of the Departments of Transportation (Transport and Public Works), and the Provincial Police Chiefs, or the Municipal Police Chiefs directly under the Central Government shall guide, inspect, and urge the implementation of this Circular in accordance with regulations. In case of difficulties during the implementation process, they should report to the Ministry of Public Security and the Ministry of Transport for timely guidance.

In case of difficulties during the implementation process, they should report to the Ministry of Public Security and the Ministry of Transport for timely guidance./.