THE MINISTRY OF PUBLIC SECURITY | SOCIALIST REPUBLIC OF VIET NAM |
No. 06/2009/TT-BCA(C11) | Hanoi, March 11th, 2009 |
PRESCRIBING THE ISSUANCE AND REVOCATION OF REGISTRATIONS AND NUMBER PLATES OF ROAD MOTOR VEHICLES
Pursuant to Article 54 of the November 13, 2008 Law on Road Traffic;
Pursuant to the Government’s Decree No. 136/ 2003MD-CP of November 14, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;
The Ministry of Public Security prescribes the issuance and revocation of registrations and number plates of mad motor vehicles as follows;
1. Scope and subjects of application
1.1. This Circular prescribes the issuance and revocation of registrations and number plates ot road motor vehicles, including automobiles, truck tractors, tractors, trailers and semi-trailers towed by automobiles or tractors, motorbikes, motorized three-wheelers; mopeds (including electric motorcycles) and the like (below collectively referred to as vehicles) of domestic and foreign organizations and individuals based or residing in the territory of the Socialist Republic of Vietnam.
1.2. This Circular does not apply to army vehicles used for defense purposes.
2. Decentralization of issuance and revocation of vehicle registrations and number plates
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2.1.1. The Road and Railway Traffic Police Department shall issue registrations and number plates for automobiles of foreign diplomatic missions, representative offices of international organizations and their foreign staff; and a number of central agencies (specified in an enclosed list. not printed herein) and vehicles of the Ministry of Public Security.
Apart from these vehicles, the Road and Railway Traffic Police Department shall issue vehicle registrations to meet professional requirements approved by the leadership of the Ministry of Public Security or the General Department of Police.
2.1.2. Traffic Police Sections of provincial-level Police Departments shall issue registrations and number plates of automobiles, tractors, trailers and semi-trailers of domestic and foreign agencies, organizations and individuals; army vehicles engaged in economic activities; motorcycles, mopeds and electric motorcycles of foreign organizations and individuals, joint ventures and projects based in their localities (except those specified at Point 2.1.1 above).
2.1.3. Police offices of urban districts, rural districts, towns or provincial cities (below collectively referred to as district-level police-offices) shall issue registrations and number plates of motorcycles, mopeds and electric motorcycles of domestic agencies, organizations and individuals based or residing i ti districts (except those specified at Points 2.1.1 and 2.1.2 above).
2.2. Agencies revoking vehicle registrations and number plates:
- The Road and Railway Traffic Police Department.
- Road Traffic Police Sections of provincial-level Police Departments (below referred to as traffic police sections).
- District-level police offices.
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3.2. Temporary vehicle registrations: After receiving valid dossiers, the vehicle registration agency shall issue temporary registrations and number plates on the same day.
4.1. The vehicle registration agency shall strictly implement the provisions of this Circular and other relevant regulations on vehicle registration and number plate issuance.
It is prohibited to prescribe additional vehicle registration procedures contrary to the provisions of this Circular.
4.2. Officers who receive vehicle registration dossiers shall examine and compare dossiers against vehicles. If all required procedures are satisfied, they shall accept and process these dossiers. If dossiers fail to satisfy the procedural requirements, they shall provide specific and sufficient guidance for vehicle owners to supplement their dossiers and shall take responsibility for the guidance.
4.3. For dossiers for registration and issuance of new number plates; registration of vehicle owner change or movement; renewal or re-issuance of vehicle registrations and number plates or vehicle registration dossiers previously filed at the vehicle registration agency and now handed to vehicle owners for self-management, officers in charge of vehicle registration shall append the seal bearing the words "Dossier to be managed by vehicle owner" (made according to a set form, nor printed herein) onto the middle of pages of papers to be handed to vehicle owner under regulations.
5. Responsibilities of vehicle owners
5.1. To supply complete and valid dossiers and take responsibility before law for the legality of the dossiers and vehicles to be registered.
5.2. To pay registration and number plate fees under regulations.
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5.4. Upon carrying out procedures for owner change or movement; renewal or re-issuance of registrations and number plates, vehicle owners are only required to submit the papers specified at Points 1 and 2, Part B and Points 1.2 and 1.3, Part C. Section II of this Circular.
5.5. Forging dossiers and tampering with engine and frame/chassis numbers for the registration purpose are prohibited.
II. PROVISIONS ON VEHICLE REGISTRATION AND NUMBER PLATE ISSUANCE
Vehicle registration and number plate issuance covers registration, number plate issuance; owner change or movement; issuance or renewal of vehicle registrations and number plates; and temporary registration.
A. REGISTRATION FOR VEHICLE NUMBER PLATE ISSUANCE
Vehicle registration procedures and dossiers include vehicle registration declaration, papers of vehicle owners and papers of vehicles, specifically;
1. Vehicle registration declaration
Vehicle owners shall themselves make declaration according to a set form (not printed herein).
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2.1. For Vietnamese:
- People's identity card or passport (still valid). If a vehicle owner has not yet reached the age eligible for a people's identity card or his/her registered place of permanent residence indicated in the identity card is different from that indicated in the registration declaration, he/she may produce his/her household registration book.
- People's army identity card, people's security identity card or certificate as prescribed by the Ministry of Public Security or the Ministry of Defense, enclosed with a letter of introduction issued by the vehicle owner's employing unit.
- Student card, for students of professional secondary schools, colleges, universities or academies who attend formal courses of 2 years or more, enclosed with a letter of introduction issued by their educational institutions.
- For overseas Vietnamese who reside and work in Vietnam: temporary residence or household registration book and passport (still valid) or another paper of equivalent validity.
2.2. For foreigners:
- For foreign staff of foreign diplomatic missions, consular offices or representative offices of international organizations: diplomatic identity card or official identity card (still valid) and a letter of introduction issued by the State Protocol Department or the provincial-level Foreign Service.
- For foreigners working and residing in Vietnam: passport (still valid) or another paper of equivalent validity, and work permit issued under regulations or letter of introduction issued by a Vietnamese organization or agency managing foreigners, or permanent residence card or card of temporary residence of at least one year under law.
2.3. For agencies and organizations:
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- For diplomatic missions, consular offices and representative offices of international organizations: letter of introduction issued by the State Protocol Department or the provincial-level Foreign Service, clearly indicating the name of the agency or organization and enclosed with the personal identification paper of the vehicle registration applicant.
- For joint-venture enterprises, enterprises with 100% foreign capital, representative offices, contract-winning foreign companies and nongovernmental organizations; letter of introduction enclosed with the people's identity card of the vehicle registration applicant (if his/her agency does not issue a letter of introduction, a letter of introduction issued by the superior managing agency is required).
2.4. Persons authorized to register vehicles shall produce people's identity cards and vehicle owners' letters of authorization with certification of People's Committees of communes, wards or townships or their employers.
3.1. Vehicle purchase and sale, donation or inheritance deeds:
A vehicle purchase and sale, donation or inheritance deed must be any of the following papers:
3.1.1. Sale or donation decision or purchase and sale contract made under law.
3.1.2. Inheritance document made under law.
3.1.3. Sale invoice issued under regulations of the Ministry of Finance {if a vehicle has been sold through different organizations, agencies and enterprises, only the Finance Ministry-issued original invoice of the last selling organization, agency or enterprise is required upon registration. If only one invoice is used for many vehicles, authentication or true copy of this invoice is required).
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3.1.4. For a vehicle under co-ownership, there must be signatures of all co-owners or a sale authorization paper made by co-owners.
3.1.5. A vehicle sale or donation deed of an individual must have certification by his/her employing unit or authentication of the vehicle seller's or donor's signature under regulations.
3.1.6. For a vehicle being an asset of a state enterprise, which is assigned, sold, contracted for business or leased, upon its registration, owner change or transfer, a donation or sale decision of the managing minister, president of the provincial-level People's Committee, chairman of the board of directors of the enterprise is required and shall be enclosed with the purchase and sale contract and written registration of assets for handover.
3.1.7. In case of contribution of a vehicle as capital to a cooperative, organization or enterprise, when the contributor wishes to withdraw his/her vehicle from this cooperative, organization or enterprise, the transfer deed will be a written record or decision on vehicle return enclosed with a value-added invoice (with the value-added tax line left blank).
3.2. Vehicle registration fee documents:
3.2.1. Registration fee receipt or document on remittance into the state budget (certified by the State Treasury); via-bank payment order for the registration fee payment under regulations of the Ministry of Finance (if a registration fee payment document is issued for different vehicles, there must be a notarized copy or a copy authenticated by the issuing agency for each vehicle).
3.2.2. Declaration for registration fee payment.
For vehicles exempt from registration fee, only the declaration for registration fee payment is required.
3.3. Documents on vehicle origin Documents required for each type of vehicle are as follows:
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3.3.1.1. Vehicles imported under commercial contracts, duty-free vehicles, special-use vehicles subject to the duty rate of 0%, vehicles provided as aid for projects and vehicles for which origin declarations are required by the Ministry of Finance: declaration of origin of imported automobiles and motorbikes under regulations of the Ministry of Finance.
3.3.1.2. Vehicles temporarily imported for re-export by entities eligible for diplomatic privileges and immunities under law or a bilateral agreement; or by foreign experts implementing ODA-funded programs or projects in Vietnam or by overseas Vietnamese invited to work in Vietnam: vehicle import permit issued by the customs office.
3.3.1.3 Vehicles imported as non-commercial goods, presents, gifts, movable assets or non-refundable or humanitarian aid:
- Declaration of non-commercial imports and exports, made under regulations of the Ministry of Finance;
- Import or export duty receipt and excise tax receipt (if required under regulations), or mutual ceasing order or via-treasury remittance paper or account transfer or via-bank payment order, clearly showing that the duty has been paid.
+ In case the import or export duty receipt or excise tax receipt is not required: Decision on or written permission for tax exemption issued by a competent authority or written certification of aid under regulations of the Ministry of Finance is required.
+ For vehicles subject to the duty rate of 0%: Only declaration of non-commercial imports and exports, made under regulations of the Ministry of Finance, showing the vehicle's brand, engine and chassis/frame numbers, is required.
3.3.1.4. For imported trailers, semi-trailers; tractors; and electric motorcycles: certificate of quality, technical safety and environmental protection of the imported motor vehicle (used for number plate registration) under regulations of the Ministry of Transport. In case a certificate of quality, technical safety and environmental protection of an imported motor vehicle does not indicate this vehicle's brand, the section of vehicle type in the vehicle registration must indicate the name of the manufacturing country.
3.3.1.5. Special-use vehicles hired from foreign countries:
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- Import and export declaration, made under regulations of the Ministry of Finance.
3.3.1.6. Vehicles of projects:
3.3.1.6.1. Vehicles of foreign aid-funded projects to be transferred to the Vietnamese side upon project completion:
- Document on vehicle origin as specified at Point 3.3, Part A, Section II of this Circular;
- Vehicle receipt decision issued by a ministerial-level leader (for central agencies) or the provincial-level People's Committee president (for local agencies);
- Written record of vehicle delivery, made under regulations.
The sale of a vehicle having its registration bearing the name of a Vietnamese agency shall be decided by a ministerial-level leader, for vehicles of central agencies, or by the provincial-level People's Committee president, for locally managed vehicles.
For a donated vehicle which is registered in the name of the Vietnamese agency rather than the name of the project, there must be a sale permission decision issued by a competent authority as specified above if this vehicle is to be sold upon project completion.
Vehicles donated as non-refundable or humanitarian aid are allowed to have their owners changed or transferred under general regulations.
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- The foreign project owner's document on vehicle transfer;
- Official letter of the Foreign Finance Department of the Ministry of Finance confirming the vehicle to be an aid.
3.3.2. Locally manufactured, assembled and rebuilt vehicles:
3.3.2.1. Assembled vehicles:
- Card of inspection of ex-works quality of road motor vehicle, issued by the manufacturer or assembler.
3.3.2.2. Rebuilt vehicles:
3.3.2.2.1. Vehicles of changed transport purpose Registration certificate (for registered vehicles) or document on origin of importation (for used vehicles);
- Technical safety and environmental protection certificate of rebuilt motor vehicle, issued under regulations of the Ministry of Transport. For vehicles rebuilt for use by the people's public security force: technical safety and environmental protection certificate of rebuilt motor vehicle, issued under regulations of the Ministry of Public Security.
Registration is not allowed for other cars rebuilt into passenger cars; special-use vehicles with utilities converted (referred to as vehicles with converted utilities) within 5 years, and refrigerator vehicles converted within 3 years (after the date of import).
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- Vehicle registration (for registered vehicles) or document on origin of importation (for used vehicles);
- Import and export declaration enclosed with a detailed declaration of the complete unit of engine or chassis;
When the complete unit of engine, engine block or chassis is of a different brand or has different technical specifications, a written record of ex-works test of rebuilt motor vehicle, issued by the manufacturer under regulations of the Ministry of Transport, is required.
3.3.2.2.3. Vehicles with complete replacement units of engine, engine block or chassis which are locally manufactured:
- Vehicle registration (for registered vehicles) or document on origin of importation (for used vehicles);
- The manufacturer's voucher on sale of the complete unit:
- The manufacturer's written record of product quality control.
For trucks with rebuilt cargo bodies or additionally fitted hoods, only a written record of inspection of quality and technical safety of such body or hood for cargo protection under regulations of the Ministry of Transport is required.
3.3.2.2.4. When the complete unit of the engine or chassis of a registered vehicle is used as replacement for another vehicle, the following documents are required: paper on revocation of registration and number plate (clearly indicating that it is issued for the complete engine or chassis unit) or a competent authority's confiscation decision enclosed with the invoice on sale of goods confiscated into the state fund.
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3.3.3. Vehicles subject to decisions of competent authorities or agencies:
3.3.3.1. Vehicles confiscated into the state fund:
- Decision on confiscation into the state fund (original, notarized copy or copy authenticated by a competent agency);
- Invoice on sale of goods confiscated into the state fund, issued by the Ministry of Finance, or document on establishment of state ownership, issued by a competent agency (original, notarized copy or copy authenticated by a competent agency);
When a confiscation decision is issued for different vehicles, there must be a copy of the detailed declaration of the confiscated vehicle, which is certified by competent authorities or the agency that has issued the decision on sale of confiscated goods. The registration of a confiscated vehicle (its original dossier is not required) shall be effected based on the vehicle's engine and chassis numbers indicated in the above decision and invoice provided that the vehicle is a complete unit and of the same technical specifications.
3.3.3.2. Vehicles subject to decisions on disposal of exhibits in criminal cases:
- Decision on disposal of exhibits in criminal cases, issued by an investigative body, procuracy or court (original, notarized copy or copy authenticated by a competent agency);
- Money receipt or handover record (if the applicant for registration is a victim). In case of disposal of exhibits in criminal cases in the form of confiscation into the state fund (the vehicle's original dossier is not required), the invoice on sale of confiscated goods is required.
3.3.3.3. Vehicles publicly sold or transferred by a court for judgment enforcement:
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- A competent judgment enforcement organization's judgment enforcement decision;
- Money receipt or asset handover record.
For a vehicle publicly sold or transferred for judgment enforcement, its original dossier as provided for in this Circular and a paper evidencing its owner's lawful ownership are required For a vehicle of unknown origin or without a paper evidencing the lawful ownership of the vehicle publicly sold or transferred for judgment enforcement, its registration shall be rejected and its owner shall be instructed to contact the agency which has issued the sale decision for settlement.
3.3.3.4. Pledged or mortgaged vehicles sold by
- Copy of the credit or security contract (with the signature of a responsible person of the credit institution concerned);
- Asset purchase and sale contract or asset transfer contract or asset receipt record or asset auction document (depending on each specific cast of disposal);
- Registration or document on origin of the vehicle;
- Money receipt under regulations of the Ministry of Finance.
For a pledged or mortgaged vehicle subject to a dispute or lawsuit or sold for judgment enforcement, the following documents are additionally required:
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+ The judgment enforcement body's judgment enforcement decision.
For a vehicle already registered in another locality, there must be the owner change oi movement paper enclosed with the original dossier, and the owner change or movement declaration with the signatures of the vehicle owner or the agency signing the asset sale contract and credit institutions for certification.
3.3.3.5. Vehicles subject to retrospective collection of import duty:
3.3.3.5.1. Registered vehicles with their documents on origin detected to have been forged:
- Receipt of retrospectively collected import duty;
- Receipt of retrospectively collected excise tax (if any);
- Vehicle registration or decision on disposal of exhibits or written conclusion of an investigative body.
3 3.3.5.2. Vehicles subject to retrospective collection of additional import duty:
- Decision on retrospective collection of import duty, issued by the provincial-level Customs Department or Tax Department:
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- The vehicle's original dossier.
3.3.4. National reserve vehicles:
- Order on delivery and sale of national reserve goods, issued by the National Reserve Department. In case of sale of many vehicles, a copy of the order is required for each vehicle (notarized copy or copy authenticated by the National Reserve Department);
- Declaration on import origin of the vehicle or certificate of the General Department of Customs (an original per vehicle) showing its brand, engine and chassis numbers;
- Invoice-cum-ex-warehousing bill, made under regulations of the Ministry of Finance and issued by the National Reserve Sub-Department, one invoice per vehicle showing its brand, engine and chassis numbers.
3.3.5. Vehicles with lost documents of origin:
- The vehicle owner's written undertaking before law with regard to the loss of the vehicle's document of origin and papers to be produced under Point 2. Part A. Section II of this Circular.
- Copy of an imported vehicle's document of origin, which must be certified by the agency that has issued the document. Particularly for a locally manufactured or assembled vehicle, the manufacturer shall re-issue an ex-works quality control paper (the registration dossier must be complete as required in Part A, Section II of this Circular). After 30 days, if no violation or dispute is detected, the registration procedures shall be carried out for the vehicle.
3.3.6. Vehicles of financial leasing companies to be registered at places of residence or working offices of lessees:
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- The financial leasing company's written request for registration of the vehicle at the lessee's place of residence or working office.
3.3.7. Police or army agencies" vehicles sold to citizens:
- The vehicle's papers as specified at Point 3. Part A. Section 11 of this Circular:
- Decision on permission for sale of the vehicle, issued by the General Department of Logistics (for police vehicles) or the General Staff (for army vehicles).
For vehicles supplied or equipped by the Ministry ol I Vfcnse before December 31.1989. and registered before December 27. 1995. the original certificate issued by the Vehicle and Machinery Management Department under the General Technical Department is required for each vehicle.
3.3.8. Registration and management of vehicles of army enterprises engaged in economic activities and of army vehicles engaged in defense duties for which civil number plates are applied for comply with Joint Circular No. 16/2004//TTLT-BCA-BQP of November 1, 2004. of the Ministry of Public Security and the Ministry of Defense.
3.3.9. Vehicles under co-ownership of husband and wife
For a vehicle which the owner declares to be a common asset of husband and wife, there must be full names and signatures of both husband and wife in the registration declaration. If husband and wife wish to register as their common asset a vehicle which has been registered under the name of either of them, they shall fill in the registration declaration (according to a form provided in this Circular, not printed herein). The vehicle registration agency shall revoke the old vehicle registration and issue a new one.
3.3.10. Vehicles with similar structures: These vehicles must have papers as specified at Point 3. Part A. Section II of this Circular.
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3.3.11. Vehicles being disposed inventories of bonded warehouses:
- A council for disposal of bonded warehouse inventory's decision on sale of bonded warehouse inventory, signed by the council chairman being a leader of the provincial-level Customs Department or a council vice chairman being a leader of the district-level Customs Department;
- Sale invoice under regulations of the Ministry of Finance.
(Enclosed with the import dossier as specified at Point 3.3.1, Part A, Section II of this Circular).
Particularly for vehicles on the Government-issued list of goods banned from import, a provincial-level Customs Department's decision on confiscation of vehicles into the state budget is required (the registration dossier is made under Point 3.3.3.1, Part A, Section II of this Circular).
3.3.12. Vehicles being disposed inventories at seaports:
- A council for disposal of seaport inventory's decision on sale of seaport inventory, signed by the council chairman being the provincial-level Finance Service director.
- Sale invoice under regulations of the Ministry of Finance.
For those vehicles which are confiscated into the state budget, their documents of origin comply with Point 3.3.3.1. Part A, Section II of this Circular.
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Within 30 days after the date of making papers on purchase and sale, donation or inheritance of a vehicle, the purchaser or recipient of the vehicle shall go to the vehicle registration agency currently managing the vehicle for carrying out procedures for owner change or movement of the vehicle and change of its registration.
1.1. The vehicle's registration declaration. The vehicle owner shall make declaration according to a set form (not printed herein);
1.2. The vehicle's registration;
1.3. Document on purchase and sale or donation of the vehicle as specified at Point 3.1. Part A. Section II of this Circular.
1.4. Registration fee receipt as specified at Point 3.2, Part A, Section II of this Circular.
In case of registration for a vehicle's owner change, its number plate shall be kept unchanged (except for 3-digit number plates, which are allowed to be changed into 4-digit ones) and a new registration bearing the name of the new vehicle owner shall be issued.
In case of change of a motorcycle's or moped's owner to a new owner residing in an another district, the vehicle owner shall go to the district-level police office which has registered the vehicle (without having to take the vehicle for inspection) and complete procedures for withdrawing the vehicle's original dossier and submit it to the district-level police office where the new owner applies for vehicle registration.
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The vehicle owner shall make declaration for owner change and movement according to a set form {not printed herein).
2.2. The vehicle's registration:
2.3. Document on purchase and sale or donation of the vehicle as specified at Point 3.1. Part A, Section II of this Circular.
If a vehicle owner changes his/her place of permanent residence from a province or centrally run city to another, there must be a decision on work transfer or a household registration book instead of the vehicle purchase and sale or donation paper.
In this case, the vehicle owner shall return the vehicle's number plate and is not required to take the vehicle for inspection.
C. RENEWAL AND RE-ISSUANCE OF REGISTRATIONS AND NUMBER PLATES OF VEHICLES
1. Renewal of registrations and number plates of vehicles:
1.1. Renewal of registrations and number plates of vehicles is required for the following vehicles: vehicles with a new paint color; vehicles with torn or damaged registrations and damaged or faded number plates.
1.2. A vehicle owner who applies for renewal of the vehicle registration and number plate shall make a declaration for registration (according to a set form, not print, herein)I a written request (for agencies and organizations) or a written undertaking (for individuals) and return the old registration and number plate but is not required to take along the vehicle for inspection (except for vehicles with a new paint color). The vehicle registration agency shall re-issue the registration and number plate for the vehicle (with the old registration number), with the exception that a 3-digit number plate shall be changed into a 4-digit one.
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2. Re-issuance of lost vehicle registrations and number plates:
A vehicle owner who has lost the vehicle's registration or number plate shall make a declaration for registration (according to a set form, not printed herein): an application (for individuals) or a written request (for agencies and organizations) for re-issuance and is not required to take along the vehicle to the vehicle registration agency. If all required papers are available, the new vehicle registration certificate or number plate shall be re-issued (with the old registration number), with the exception that a 3-digit plate shall be changed into a 4-digit one.
3. For a vehicle owner who is a demobilized or seconded army or public security soldier or a graduate pupil or student, if his/her residence or working office address is changed, the vehicle registration or number plate shall be re-issued based on the address of his/her new permanent or temporary residence.
4. For vehicles with registrations and issued number plates for which procedures for movement to other localities have been carried out and are now requested by their owners to be re-registered, the registration for issuance of number plates with old registration numbers shall be made.
D. TEMPORARY REGISTRATION OF VEHICLES
1. Vehicles allowed for temporary registration include:
1.1. Imported brand-new, manufactured or assembled automobiles that run from a warehouse, port, workshop or sale agent to a registration place 1for to another sale agent or warehouse;
1.2. Automobiles with papers on owner change and movement to another locality:
1.3. Automobiles for which procedures for revocation of registrations and number plates are carried out for re-export to their countries of origin or transfer in Vietnam;
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1.5. Automobile chassis with cabin: trucks without bodies;
1.6. Test cars;
1.7. Vehicles bearing foreign number plates and entering Vietnam for the tourist purpose under competent authorities' permission;
1.8. Vehicles which are newly assembled in Vietnam and on a test run on public roads;
1.9. Vehicles permitted to be temporarily imported for re-export within a given period under the Government's regulations (except for those operating within border areas with border gates);
1.10. Vehicles used for conferences, trade fairs, physical training or sports events or exhibitions at the request of the Government or the Ministry of Public Security;
1.11. Trailers and semi-trailers:
1.12. Tractors:
1.13. Automobiles of foreigners, registered abroad, with right-handed drive and running on roads in Vietnam under the Government's regulations.
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2.1. For vehicles manufactured or assembled in Vietnam:
2.1.1. Vehicle registration declaration.
A vehicle owner shall make declaration according to a set form (not primed herein).
2.1.2. Card of ex-works quality control of road motor vehicle, issued by the manufacturer under regulations.
2.1.3. Sale invoice or ex-warehousing bill.
2.2. For vehicles imported or temporarily imported for re-export within a given period or in transit:
2.2.1. Vehicle registration declaration.
A vehicle owner shall make declaration according to a set form [not printed herein).
2.2.2. Import and export declaration or detailed declaration of the imported vehicle.
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2.4. For vehicles subject to owner change or movement to another locality and vehicles for which the procedures for revocation of registrations and number plates are carried out. the dossier for temporary registration is the owner change or movement paper or the certificate of revocation of registration or number plate.
For a vehicle for which the import procedures have been completed, the dossier for temporary registration must consist of the papers specified at Point 3. Part A. Section II of this Circular (except for the registration fee receipt).
For carrying out the procedures for temporary registration, the vehicle owner shall produce the whole original dossier and its copy set for comparison and is not required to take along the vehicle for inspection. But he/she shall glue on the registration declaration pieces of paper imprinted with the vehicle's engine and chassis numbers. When issuing a temporary registration, the vehicle registration agency shall return the original dossier and keep its copy set.
2.5. For automobiles of foreigners, registered abroad, with right-handed drive and running on roads in Vietnam under the Government's regulations.
2.5.1. Vehicle registration declaration: A vehicle owner shall make declaration according to a set form (not printed herein);
2.5.2. The Prime Minister's notice; the Government Office's notice of the Prime Minister's opinions; or the notice of a ministry or branch authorized by the Prime Minister.
3. Validity duration of temporary registration:
3.1. Temporary registration is valid for7 days and may be extended once for another 7 days.
3.2. For vehicles permitted for temporary import for advertisement, trade fairs, exhibitions, sports events or other lawful purposes, the validity duration of temporary registration is the duration indicated in the temporary import permit.
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E. SETTLEMENT OF SEVERAL SPECIFIC CASES
1. Re-engraving of engine and chassis numbers
1.1. For imported vehicles:
- Vehicles without engine and chassis numbers: If customs declarations of import origin state that no engine and chassis numbers are available or found, the engraving of numbers shown on registration number plates is permitted. When engine and chassis numbers are found, the vehicle owner shall go to the customs office for re-certification.
- If a vehicle has its engine and chassis numbers printed in its etiquette, printed in paint, faded or stained, it is permitted to re-engrave these numbers according to those certified by the customs office in the declaration of import origin of the vehicle.
- For a vehicle with tampered engine and chassis numbers, the vehicle registration agency shall reject its registration and instruct its owner to go to the customs office for settlement under the Government's regulations.
- For a vehicle with its vehicle identification number (VIN) on the windshield certified by the customs office as its chassis number and its engine number not found and their engraving is impossible due to tight covering of the engine block, the VIN may be photographed by the vehicle registration agency for filing in the dossier instead of engraving the engine and chassis numbers.
1.2. For locally manufactured and assembled vehicles:
1.2.1. For a vehicle with laser-engraved engine and chassis numbers or with faded engine and chassis numbers, it is permitted to re-engrave on the vehicle the numbers which are shown in the ex-works quality control card;
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If it is concluded that the vehicle's engine or chassis number is in its original state, it is permitted to re-engrave on the vehicle the numbers which are shown in its ex-works quality control card.
1.3. For a registered vehicle with a replacement engine or engine block which has no number yet, it is permitted to re-engrave on such engine or engine block the registration number on the number plate.
1.4. For a vehicle subject to a confiscation decision or decision on disposal of exhibits or a written conclusion of the investigative body: If the vehicle has a tampered engine or chassis number or it is impossible to identify its original engine and chassis numbers, it is permitted to re-engrave on the engine or chassis the registration number on the number plate.
1.5. Engine and chassis numbers shall be engraved by the vehicle registration agency.
2. Settlement of problems related to vehicle transfer documents
2.1. Upon owner change or movement of a vehicle, if its registration dossier which was made on or before December 31, 2003. has no transfer invoice or has incomplete transfer invoices, the dossier shall still be regarded valid under the Finance Ministry's regulations.
2.2. For a vehicle which has been purchased and sold through different owners of whom intermediate owners are unidentifiable, the purchase and sale or donation documents of the first owner and the last seller of the vehicle are required for registration of the owner change or movement. The applicant for registration shall make a written commitment to taking responsibility before law for the lawfulness of the vehicle and produce his/her valid identity card or passport or a paper of equivalent validity. The vehicle registration agency shall publicly post at the registration place information on the vehicle's type, registration number, engine and chassis numbers. After 30 days, if there arises no dispute or claim, the vehicle registration agency shall register the vehicle or its owner change or movement or issue a new number plate for the vehicle.
3. Settlement of some problems upon vehicle owner change or movement
3.1. For a vehicle moved from a locality to another and further sold to a new owner before the registration of its transfer is made by its owner, if purchase and sale procedures are properly carried out and the registration fee is paid under regulations, the vehicle registration agency shall accept to register the vehicle and notify such to the locality from which the vehicle has been transferred for making adjustment in the vehicle registration book.
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3.3. For vehicles presented as gifts or donations; temporarily imported vehicles; vehicles of overseas Vietnamese repatriates; and vehicles of uncompleted projects which are transferred in Vietnam:
3.3.1. Vehicle owners shall carry out procedures for revocation of registrations and number plates at the vehicle registration agency, then go to customs offices for carrying out import procedures under regulations and return vehicle dossiers to the vehicle registration agency for carrying out procedures for owner change or movement.
3.3.2. For vehicles for which procedures for revocation of registrations and number plates have not been carried out. if customs offices responsible for retrospective collection of import duty or a functional body of the Ministry of Finance issues a written reply that import duty will not be retrospectively collected, their owner change or movement will be permitted and owner change or movement documents shall be filed in their dossiers. Particularly, vehicles which are carried along by overseas Vietnamese upon their return home within duty-free quotas under regulations but no longer needed for use may be transferred or registered for owner change or movement.
3.4. The transfer and registration of a duty-free imported vehicle which has been used for more than 10 years and is subject to the import duty rate of 0% under the Ministry of Finance's regulations is permitted and requires only the non-commercial import declaration or import tax retrospective collection declaration certified by the customs office but this declaration must be enclosed with the original dossier of first registration.
3.5. A vehicle of a couple with its dossier registered under names of both husband and wife and its registration showing the names of both husband and wife or the name of either husband or wife, if the person whose name is shown in the vehicle registration has died and the vehicle is subject to no dispute, may have its registered owner changed or be transferred to another person, provided that a document evidencing the spousal relation of the couple can be produced together with the death certificate or the local administration's certification of the deceased person.
4. Illegally imported motorcycles which were permitted by provincial-level People's Committees to be liable to industry and trade tax and registered on or before December 31, 1995, may have their owners changed, be moved or get new number plates.
5. For a registered vehicle with its certificate of import origin (customs certificate) detected to have been forged or have its engine and chassis numbers erased or tampered:
- Its dossier shall be transferred to an investigative agency for investigation and handling under law.
- In case the investigative agency makes a written conclusion that this vehicle is not a stolen or misappropriated one, the vehicle registration agency shall transfer its dossier to the provincial-level Customs Department or Tax Department for retrospective collection of tax. Upon receipt of a voucher of retrospective collection of tax, the vehicle registration shall be made.
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7. For a motorcycle which was registered on or before December 31. 1995, and has its registration stamped with the words "Not for sale, exchange or donation", if there is no dispute or claim, the vehicle registration agency shall register its owner change or movement or issue a new number plate lor the vehicle.
For an illegally imported motorbike for which tax has been retrospectively collected by the customs office and which has been registered, the vehicle registration agency shall register its owner change or movement or issue a new number plate.
8. For a rebuilt vehicle which was registered on or before June 4, 1996, if its dossier lacks the technical test record as required in Joint Circular No. 223/TT/LB of December 7, 1979, of the Ministry of Transport and the Ministry of the Interior (now the Ministry of Public Security), the vehicle registration agency shall register its owner change or movement or issue a new number plate.
9. For a locally assembled vehicle which was registered on or before February 19, 1998, if it has the first product quality certificate or a copy of the takeover test record of the takeover test council under the Ministry of Transport's regulations, the vehicle registration agency shall register its owner change or movement or issue a new number plate.
10. For a transferred vehicle for which owner change procedures have not been carried out or of which the registration is lost, its purchaser shall make a written undertaking and produce his/her identification papers and valid transfer documents. If not subject to any dispute or claim, it may have its owner changed or be moved to another locality (for a vehicle subject to an owner change within a province, a written reply of vehicle verification shall be printed according to a set form and handed to the vehicle purchaser for carrying out registration fee payment procedures).
11. For a vehicle dossier which has been properly registered but lacks the signature of the head of the vehicle registration section or team or the vehicle registration officer or in which the vehicle registration declaration or the vehicle owner change or movement declaration is not appended with a seal; a vehicle registration which contains an error in the holder's address or a numeral in the engine and chassis numbers or lacks a copy of the excise tax receipt (for vehicles liable to excise tax): or a dossier which lacks a provisional invoice or copies of the driver license and the registration fee receipt or the vehicle body rebuilding permission but has a certificate of inspection of technical safety of road motor vehicle issued by the transport service, the vehicle owner may propose the section head to guide the vehicle registration and management (at provincial-level departments) or the head of the Traffic Police Section or district-level police chief (in localities) to accept these dossiers for registration.
12. For registered semi-trailers with their owners changed or having their dossiers requested to be split up separately for tractor trucks, trailers and semi-trailers:
Original dossiers and number plates of semi-trailers shall be used for registration of tractor trucks. Copies of original dossiers of semi-trailers certified by traffic police sections shall be used for registration of trailers and semi-trailers.
13.Control signs shall be issued for automobiles bearing number plates of special economic-trade zones under the Governments regulations and operating in inland Vietnam:
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- A (valid) personal identity card or passport or a paper of equivalent validity;
- The vehicle registration;
- A declaration of temporarily imported road motor vehicle for re-export, made according to a form set by the Ministry of Finance and issued by the provincial-level Customs Department;
13.2. The control sign issuer (the traffic police section) shall check vehicles applying for control signs against the list of vehicles under its management, record them in a monitoring book and issue control signs right on the date of application.
13.3. A control sign is valid for up to 30 days after the date of issuance. A control sign shall be stuck on the upper right corner of the vehicle windshield.
13.4. Papers on issuance of vehicle control signs and hooks for monitoring automobiles entering inland Vietnam for operation (made according to set forms, not printed herein) must be numbered, bound into volumes and managed under the Ministry of Public Security's regulations.
13.5. All vehicles running on roads in inland Vietnam without control signs or with expired or counterfeit control signs or involved in other illegal acts must be promptly detected and strictly handled under law.
III. PROVISIONS ON REVOCATION OF VEHICLE REGISTRATIONS AND NUMBER PLATES
1. Cases subject to revocation of vehicle registrations and number plates
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1.2. Vehicles with their engines or chassis removed for assembly into other vehicles.
1.3. Temporarily imported vehicles of foreign agencies, organizations or individuals which are re-exported or transferred in Vietnam.
1.4. Vehicles imported free of duty for projects, which are now transferred and used for other purposes.
1.5. Vehicles registered in special economic- trade zones under the Government's regulations which are now re-exported, or transferred into Vietnam.
1.6. Stolen vehicles which cannot be found and for which their owners apply for revocation of registrations and number plates.
1.7. Vehicles with an expired useful life and vehicles banned from circulation under the Government's regulations.
2. Responsibilities of functional agencies for revocation of vehicle registrations and number plates
2.1. The agency in charge of revoking vehicle registrations and number plates shall:
2.1.1. In case vehicles are subject to revocation of vehicle registrations and number plates specified at Points 1.1 thru 1.6, Section HI of this Circular, upon receiving requests for revocation of vehicle registrations and number plates, withdraw dossiers it is managing for carrying out procedures for issuing certificates of revocation of vehicle registrations and number plates.
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2.1.3. Coordinate with police offices of communes, wards or townships where vehicle owners reside in sending notices requesting owners of vehicles with an expired useful life, cong nong vehicles (a type of small three-wheeled truck) and other home-made three or four-wheeled vehicles to carry out procedures for revocation of vehicle registrations and number plates at traffic police offices within 15 days after receiving these notices. Past this time limit, if vehicle owners fail to show up and carry out procedures, it shall coordinate with commune-level police offices in revoking vehicle registrations and number plates.
2.1.4. Notify the list of vehicles with an expired useful life to local police offices in charge of assuring traffic order and safety, so that the latter can detect and handle violations under law.
2.2. Traffic police and transport forces in charge of assuring traffic order and safety shall:
2.2.1. Upon detecting, through the work of assuring traffic order and safety, automobiles with an expired useful life, small three-wheeled trucks and other home-made three- or four-wheeled vehicles running on roads in their localities, make written records of violations and stop the operation of these vehicles and temporarily seize their registrations and number plates for handover or written notification to traffic police offices where these vehicles have been registered for carrying out procedures for revocation of vehicle registrations and number plates.
2.2.2. For vehicles which are irreparably destroyed due to traffic accidents, the agencies handling these traffic accidents shall temporarily seize their registrations and number plates (if any) and notify such in writing to the vehicle registration agency for carrying out procedures for revocation of vehicle registrations and number plates.
3. Procedures for revocation of vehicle registrations and number plates
3.1. Vehicle owners shall fill in by themselves and submit declarations for revocation of vehicle registrations and number plates (according to a form provided by this Circular, not printed herein) and return vehicle registrations and number plates without having to take along their vehicles to the agency in charge of revocation. For stolen or misappropriated vehicles, only declarations for revocation of vehicle registrations and number plates and vehicle registrations are required (if available).
3.2. In case a competent agency temporarily seizes vehicles with an expired useful life or expired operation duration or vehicles irreparably destroyed due to traffic accidents; or revokes vehicle registrations and number plates in sanctioning administrative violations, the revocation of vehicle registrations and number plates requires only written notices of the agencies temporarily seizing vehicles and written records of administration violations or decisions on temporary seizure of vehicle registrations and number plates (enclosed with these registrations and number plates).
After receiving complete dossiers for revocation of vehicle registrations and number plates as required above, the agency revoking vehicle registrations shall issue certificates of revocation of vehicle registrations to vehicle owners (made according to a set form, not printed herein).
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1. Management of vehicle dossiers:
1.1. Vehicle registration dossiers shall be managed according to dossier management regulations of the Ministry of Public Security; data on vehicles shall be uniformly managed in the computer system. The vehicle registration agency shall monthly report vehicle registration and management data to the Road and RaiIway Traffic Police Department for monitoring and management.
1.2. Vehicle dossiers kept at the vehicle registration agency include:
1.2.1. The following documents in a vehicle dossier:
- Vehicle registration declaration;
- Document of vehicle origin specified at Point 3.3, Part A. Section II of this Circular.
For vehicles with their o\\ tiers changed, moved to other localities or having their registrations renewed or re-issued, their dossiers must also have old registrations, declarations and owner change or movement papers.
1.2.2. The whole vehicle registration dossier in the following cases:
- Dossier of a vehicle temporarily imported free of customs duty under regulations;
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- Dossier of a vehicle purchased, sold or donated without owner change;
- Dossier of a vehicle with an illegally tampered engine or chassis number;
- Dossier of a vehicle subject to a dispute or lawsuit claim or for use in professional operations;
- Dossier of a vehicle with an expired useful life under the Government's regulations.
1.3. Management of dossiers for revocation of vehicle registrations and number plates:
1.3.1. Dossiers for revocation of registrations and number plates of vehicles with an expired useful life; home-made vehicles with an expired operation duration under regulations; vehicles irreparably destroyed in traffic accidents; dossiers for provisional vehicle registration; and damaged printed forms shall be archived and handled under the Ministry of Public Security's dossier regulations. After one year, these dossiers shall be reported to the dossier destruction council.
1.3.2. Revoked vehicle number plates shall be managed under the Ministry of Public Security's regulations. Biannually. reports shall be sent to the director of the Road and Railway Traffic Police Department (at the Ministry) or directors of provincial-level Police Departments (in localities) for setting up councils for destruction of revoked vehicle number plates. Destroyed number plates must not used in registration for issuance of number plates for other vehicles.
1.3.3. A council for destruction of dossiers printed forms or number plates shall be composed of:
- At the Ministry, the director of the Road and Railway Traffic Police Department as its chairman and the heads of the force-building and logistic section and the section guiding the road motor vehicle registration and management under the Road and Railway Traffic Police Department as its members.
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2. Provisions on number plates:
2.1. Vehicles registered at the Road and Railway Traffic Police Department or a provincial-level Police Department will have number plates bearing the code of the Road and Railway Traffic Police Department or that provincial-level Police Department. Vehicles of agencies, organizations and individuals of a foreign country will have the identification code of that country.
2.2. Number plates of vehicles of domestic organizations and individuals
- Vehicles not engaged in business activities of state administrative agencies; state power agencies; procuracy agencies and courts; people's public security force; Party organizations; socio-political organizations: Number plates have white digits and letters against the blue background. Serial numbers of number plates have one of the following five letters: A, B, C, D and E.
- Vehicles of enterprises of all economic sectors; vehicles engaged in economic activities of state agencies; non-business organizations, non-business organizations with revenues; vehicles of individuals: Number plates have black digits and letters against the white background. Serial numbers of number plates have one of the following 15 letters: F, H, K, L. M, N. P, R. S, T, U, V, X, Y and Z. Particularly:
+ Army vehicles engaged in economic activities have the code "KT".
+ Vehicles of foreign joint ventures or enterprises with 100% foreign capital and hired foreign vehicles have the code "LD".
+ Vehicles of foreign investment projects have the code "DA".
+ Trailers and semi-trailers have the code "R".
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+ Tractors have the code "MK".
+ Electric motorcycles have the code "MD".
- Vehicles of a special economic-trade zone specified by the Government have a registered local code and two letters standing for the name of this zone; the number plate colors: digits and letters in red against the yellow background.
2.3. Number plates of vehicles of foreign agencies, organizations and individuals:
- Vehicles of diplomatic missions: consulates and their foreign staffs eligible for diplomatic privileges and immunities or consular immunities: Number plates have black digits and letters against the white background and the code "NG" in red. Particularly, number plates of vehicles of ambassadors and general consuls have a red line crossing the country-indicating digits and registration serial number.
- Vehicles of representative offices of international organizations and their foreign staff eligible for diplomatic privileges and immunities or consular immunities: Number plates have black digits and letters against the white background and the code "QT" in red. Particularly, number plates of vehicles of heads of representative offices of the United Nations organizations have a red line crossing the country-indicating digits and registration serial number.
- Vehicles of foreign organizations, representative offices and individuals (including foreign students in Vietnam): Number plates have black digits and letters against the white background, and the code of "NN".
2.4. Materials and sizes of number plates:
- Vehicle number plates are made of metal while provisional number plates are made of paper.
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+ Long plate: 110 mm in height and 470 mm in length.
+ Short plate: 200 mm in height and 280 mm in length.
- A trailer or semi-trailer has a number plate attached to its rear. The size of "the plate is 200 mm in height and 280 mm in length.
- A motorcycle, tractor or electric motorcycle has a number plate attached to its rear. The size of the plate is 140 mm in height and 190 mm in length.
2.5. Font sizes of letters and numbers on number plates of automobiles, motorcycles, tractors, electric motorcycles, trailers and semi-trailers are provided in an appendix to this Circular (not printed herein).
2.6. Only establishments permitted by competent police-offices may manufacture vehicle number plates. The manufacture and supply of vehicle number plates shall be conducted according to requirements of the vehicle registration agency. Vehicle number plates shall be strictly managed under regulations.
3. Provisions on painting of number plates and letters on sides and doors of automobiles:
For automobiles of all kinds (except for those of 9 seats or less), then owners shall observe the following provisions:
3.1. Paint the registration number at the rear and both sides of the automobile.
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3.3. Paint the name of the managing agency or unit on both doors of the automobile (except for private automobiles of Vietnamese citizens).
4. Validity duration of vehicle registrations:
4.1. In registrations of automobiles of diplomatic missions, consular offices and international organizations and their foreign staff, the validity duration shall be written in the section "valid until date..." according to the letter of introduction issued by the State Protocol Department or provincial-level Foreign Service.
4.2. In registrations of vehicles of domestic organizations and individuals, in the section "valid until date..." shall be written the last date of the useful life of the vehicle according to the Government's regulations.
5.1. The director of the Road and Railway Traffic Police Department and heads of provincial-level Police Departments' traffic police sections shall sign vehicle registrations, made according to forms 09 (not prima! herein) (for motorcycles, mopeds and electric motorcycles) and forms 10. 11,12 and 13 provided in this Circular (not printed herein) and other papers related to vehicle registration and management. Particularly, heads of traffic police sections of special economic-trade zones specified by the Government may sign forms 14,15 and 16 provided in this Circular(not printed herein.)
5.2. Heads of district-level police offices shall sign vehicle registrations, made according to form 09 (not printed herein) (for motorcycles, mopeds and electric motorcycles) and form 12 provided in this Circular (not primed herein) and other papers related to motorcycle registration and management in their localities.
IV. ORGANIZATION OF IMPLEMENTATION
1. This Circular takes effect on July I, 2009, and replaces the Public Security Ministry's Circulars No. 01/2007/TT-BCA-C11 of January 2, 2007, guiding the issuance of registrations and number plates of road motor vehicles; No. 12/2008/TT-BCA-C11 of August 20. 2008. supplementing a number of provisions of Circular No. 01/2007/ TT-BCA; No. 01/2008/TT-BCA-C11 of February 22. 2003. guiding the issuance and management of operation control signs of automobiles bearing number plates coded 74-LB of Lao Bao special economic-trade zone, Quang Tri province, running into inland Vietnam.
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3. The director of the Road and Railway Traffic Police Department and directors of provincial-level Police Departments shall guide, supervise and urge the strict implementation of this Circular and relevant laws.
4. The General Director of Police shall direct, guide and supervise the implementation of this Circular.
Any problems arising in the course of implementation should be reported by concerned units and localities to the Ministry of Public Security (through the General Department of Police) for timely guidance.
FOR THE MINISTER OF PUBLIC SECURITY
VICE MINISTER LIEUTENANT GENERAL
Tran Dai Quang