Decree No. 44/2012/ND-CP amending and supplementing certain articles of Decree No. 168/1999/ND-CP dated November 29, 1999 of the Government on the list and regulations, procedures for registration, and management of technical equipment to be mobilized for the regular forces of the Military.

DECREE

Amending and supplementing some articles of Decree No. 168/1999/NĐ-CP dated November 29, 1999

of the Government on the list and regulations, procedures for registering and managing technical equipment to be mobilized for the regular forces of the Military Pursuant to Mobilization Reserve Law dated August 27, 1996;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 168/1999/NĐ-CP dated November 29, 1999 of the Government on the list and regulations, procedures for registering and managing technical equipment to be mobilized for the regular forces of the Military, Article 1. Amending and supplementing some articles of Decree No. 168/1999/NĐ-CP dated November 29, 1999 of the Government on the list and regulations, procedures for registering and managing technical equipment to be mobilized for the regular forces of the Military:

"Article 4.

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

1. Motor vehicles and specialized road and waterway transport equipment; cargo handling equipment and construction machinery for road and building projects shall be registered before being put into operation according to the provisions of the law, as follows:

"Based on the proposal of the Minister of National Defense;"

a) For individual owners of technical equipment: Register directly with the People's Militia Board of the commune, ward, town (hereinafter referred to as the Commune-level People's Militia Board);

b) For owners of technical equipment that are organizations: The head of the organization shall register directly at the place of operation and report the results to the People's Militia Board of the district, county, town, city under province (hereinafter referred to as the District-level People's Militia Board).

1. Clause 4 shall be amended and supplemented as follows:

2. Other technical equipment shall annually report actual strength (quantity and quality currently available) according to Clause 1 and Clause 4, Article 10 of this Decree."

1. In April each year, upon the call of the Head of the District-level People's Militia Board, the following cases must conduct initial registration:

a) Technical equipment that has been issued a registration certificate for circulation by the competent state agency (from January 1 to December 31 of the preceding year);

b) Technical equipment specified in Point a of this Clause but has not yet conducted initial registration.

2. Place of initial registration:

a) A customs declaration form for imported goods according to the information criteria specified in Model No. 01 - Declaration Form for Imported Goods attached as Appendix I to Circular No. 39/2018/TT-BTC dated April 20, 2018, issued by the Minister of Finance.

"Article 5.

a) For individual owners of technical equipment: Register at the Commune-level People's Militia Board where they reside;

b) For organizational owners of technical equipment: The head of the organization shall be responsible for registering directly at the place of operation and reporting the results to the District-level People's Militia Board where the organization is located.

3. Registration period: In April each year, from April 1 to April 29 (excluding Sundays).

4. Registration procedures:

a) For individual owners of technical equipment:

- The owner of the technical equipment shall present one of the following documents: Technical equipment registration certificate or technical equipment inspection book;

- Provide information about the technical equipment requested by the Commune-level People's Militia Board, such as: Owner, address, registration number, type of equipment, load capacity, seating capacity, basic features of the equipment (for inland waterway vessels, fishing boats, sea-going vessels, additional information includes: hull material, power, pulling force, thrust).

b) For organizational owners of technical equipment:

The head of the organization shall be responsible for filling out a registration form for each piece of technical equipment, compiling it into a technical equipment registration book, and reporting to the District-level People's Militia Board where the organization is located.

5. Responsibilities of the Commune-level and District-level People's Militia Boards:

a) The Commune-level People's Militia Board shall record in the technical equipment registration book, issue a registration form, and immediately issue a technical equipment registration certificate to the owner of the technical equipment after completing the registration;

b) The District-level People's Militia Board shall be responsible for guiding, receiving, and managing the quantity, quality, and types of technical equipment reported by the Commune-level People's Militia Board and the heads of organizations.

Issuing technical equipment registration certificates to the Commune-level People's Militia Board and the heads of organizations with technical equipment required to be registered.

6. Reporting system for technical equipment required to be initially registered:

a) Within ten days of the start of March each year, the Commune-level People's Militia Board and the heads of organizations must report to the District-level People's Militia Board the list of technical equipment required to be initially registered as stipulated in Clause 1, Article 5 of this Decree.

b) The Commune-level People's Militia Board and the heads of organizations must report the results of the initial registration to the District-level People's Militia Board before May 10 each year."

"2. Registration procedures.

a) For owners of technical equipment:

- Within thirty days from the date the technical equipment begins operating outside the provincial area or from the completion of mortgage, pledge, or custody procedures, the owner of the technical equipment (or their representative) must directly register the temporary absence of the technical equipment with the Commune-level People's Militia Board (if an individual) and the District-level People's Militia Board (if an organization);

- Within thirty days from when the technical equipment no longer meets the conditions specified in Points a and b of Clause 1 of this Article, the owner of the technical equipment (or their representative) must directly deregister the technical equipment from the temporary absence register with the Commune-level People's Militia Board (if an individual) and the District-level People's Militia Board (if an organization).

3. Clause 2 of Article 9 shall be amended and supplemented as follows:

b) For the Commune-level and District-level People's Militia Boards: Accept registrations and record them in the temporary absence register of technical equipment."

4. Clause 1, 2, 3, and 4 of Article 10 are amended and supplemented as follows:

"1. Organizational owners of technical equipment are responsible for compiling and reporting the actual strength of their technical equipment (except for air transport equipment and civil aviation specialized equipment) to the District-level People's Militia Board where they reside within the period from January 15 to January 31 each year.

- Within thirty days from the time when the technical equipment no longer meets the conditions specified in Point a and Point b of Clause 1 of this Article, the owner of the technical equipment (or their representative) shall directly go to the People's Militia Battalion at the commune level (if it is an individual) and the People's Militia Battalion at the district level (if it is an organization) to have their name removed from the temporary absence register of technical equipment. b) For the People's Militia Battalions at the commune and district levels: Receive registration and record in the temporary absence register of technical equipment.

4. Clauses 1, 2, 3, and 4 of Article 10 are amended and supplemented as follows:

"1. The owner of the technical equipment who is an organization shall be responsible for compiling a report on the actual strength of their technical equipment (excluding air transport vehicles and civil aviation special-purpose vehicles) to the People's Militia Battalion at the district level where they reside, within the period from January 15 to January 31 each year."

2. The People's Military Command at the district level shall aggregate the actual strength and technical equipment within their jurisdiction and report to the provincial military office immediately, within the period from February 15 to February 28 each year.

3. The Command of the Hanoi Capital, the Command of Ho Chi Minh City, the Military Command of provinces and centrally governed cities shall aggregate the actual strength and technical equipment within their jurisdictions and report to the Military Region, the Ministry of National Defense, within the period from March 15 to March 31 each year.

4. The Civil Aviation Administration of Vietnam shall aggregate and report to the Ministry of National Defense the actual strength of air transport means and specialized civil aviation equipment nationwide, within the period from January 15 to January 31 each year."

5. Article 12 shall be amended and supplemented as follows:

"Article 12.

1. The Minister of National Defense shall direct the registration and management of technical equipment throughout the country and prescribe various types of documents, registers, and forms for registering, statistics, and reporting on technical equipment.

2. The Ministry of National Defense shall take the lead and coordinate with the Ministries of Public Security, Transport, Agriculture and Rural Development to issue joint circulars guiding the provision of data for the registration and management of technical equipment intended for mobilization to supplement the regular forces of the Army on a regular annual basis and in emergencies, to meet national defense needs promptly.

3. The Commander of the Military Region, the Commander of the Hanoi Capital Command shall assist the Minister of National Defense in directing, guiding, urging, and inspecting the registration and management of technical equipment within the Military Region and Hanoi Capital.

4. The Chairman of the Provincial People's Committee shall direct the military office, public security office, Department of Transport, Department of Agriculture and Rural Development, and related agencies to implement the registration and management of technical equipment within the province.

5. The Chairman of the District People's Committee shall direct the same-level military office and relevant departments and sectors to directly register and manage technical equipment within the district.

6. The Chairman of the Commune People's Committee shall implement the provisions regarding the registration and management of technical equipment in this Decree based on his functions, duties, and powers."

6. Repeal Article 6, Article 7, Article 8, Article 14, and Article 16.

7. Replace the term "organization" with the term "agency, organization" and the term "aircraft" with the term "aircraft vessel".

Article 2. Amend the List of Technical Equipment Subject to Mobilization to Supplement the Regular Forces of the Army (annexed to Decree No. 168/1999/NĐ-CP dated November 29, 1999 of the Government):

1. Clause 1 is amended and supplemented as follows:

"1. Road motor transport vehicles and road specialized vehicles:

- Four-wheel drive passenger cars;

- Freight trucks with a load capacity of 2.5 tons or more;

- Passenger buses with 8 seats or more;

- Dump trucks with a load capacity of 2.5 tons or more;

- Trucks carrying liquid fuel, gas fuel, water;

- Fuel tankers;

- Fire engines;

- Ambulances;

- Flatbed trailers, semi-trailers;

- Track tractors;

- Repair trucks;

- Traffic rescue trucks;

- Wheeled tractors, tracked tractors."

2. Repeal Point c Clause 6.

Article 3. Effectiveness

This Decree takes effect from July 10, 2012.

Article 4. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities, organizations, and individuals concerned are responsible for implementing this Decree./.