Thông tư 20/2010/TT-BGTVT

CIRCULAR

STIPULATING THE GRANT, RENEWAL AND REVOCATION OF REGISTRATIONS AND NUMBER PLATES OF SPECIAL-USE MACHINERY VEHICLES WHICH MOVE ON THE ROAD

Pursuant to the November 13, 2008 Law on Road Traffic;
Pursuant to the Government's Decree No. 51/ 2008/ND-CP of April 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
Pursuant to the Government's Resolution No. 25/ND-CP of June 2, 2010, on simplification of 258 administrative procedures under management of ministries and sectors;
The Minister of Transport stipulates the grant, renewal and revocation of registrations and number plates of special-use machinery vehicles which move on the road as follows:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular regulates the grant, renewal and revocation of registrations and number plates of special-use machinery vehicles which move on the road.

Article 2. Subjects of application

1. This Circular applies to agencies, organizations and individuals that are related to special-use machinery vehicles which move on the road in the territory of the Socialist Republic of Vietnam.

2. This Circular docs not apply to special-use machinery vehicles of the Ministry of National Defense and the Ministry of Public Security used for national defense and security purposes-

Article 3. List of special-use machinery vehicles subject to registration

The list of special-use machinery vehicles moving on the road (below referred to as special-use machinery vehicles) which are subject to registration is provided in Appendix 1 to this Circular.

Chapter II

GRANT OF FIRST-TIME REGISTRATIONS FOR SPECIAL-USE MACHINERY VEHICLES

Article 4. Dossiers for first-time registration of special-use machinery vehicles

1. A dossier for first-time registration of a special-use machinery vehicle comprises:

a/ A declaration for registration of the special-use machinery vehicle:

b/ Documents of title of the special-use machinery vehicle;

c/ Documents on origin of the special-use machinery vehicle;

d/ Registration fee receipt.

2. Each dossier shall be filed in 1 (one) set.

Article 5. Declarations for registration of special-use machinery vehicles

Declarations (original) for registration of special-use machinery vehicles shall be made according to a form provided in Appendix 2 to this Circular (not printed herein).

Article 6. Documents of title of special-use machinery vehicles

1. A document of title of a special-use machinery vehicle is any of the following documents:

a/ Purchase and sale decision or contract (the original) accompanied by an invoice under the Ministry of Finance's regulations;

b/ Sale or donation deed (the original or a certified copy), made according to a form provided in Appendix 3 to this Circular (not printed herein);

c/ Inheritance deed (the original or a notarized copy) as prescribed by law;

d/ Written permission (the original) of a financial lessor for a special-use machinery vehicle lessee to register the vehicle ownership;

e/ Aid receipt decision (the original or a certified copy) of a competent authority;

f/ Written record of a public auction (the original or a certified copy) under law;

g/ Delivery order of the National Reserve Department. In case a delivery order covers many special-use machinery vehicles, each vehicle must have a certified copy of the order.

2. In case of purchase and sale or donation through many hands, registration procedures require only the final purchase and sale or donation deed.

Article 7. Documents on origin of special-use machinery vehicles

1. For domestically manufactured or assembled special-use machinery vehicles, documents on origin are ex-workshop quality control slips (the original) of manufacturers.

2. For imported special-use machinery vehicles, documents on origin are import declarations (the original or a certified copy) made according to a form set by the Ministry of Finance.

3. For converted special-use machinery vehicles, in addition to documents specified in Clause 1 or 2 of this Article, there must be also an ex-workshop takeover test record of the licensed converting establishment. In case of replacement of complete parts of the vehicle engine or frame. there must be documents on purchase and sale of replacing complete parts. If replacing complete parts of the vehicle engine or frame are reused from special-use machinery vehicles for which registrations have been granted, there must be a declaration for deregistration made according to a set form provided in Appendix 4 to this Circular (not printed herein) (all papers mentioned in this Clause must be original ones).

4. For special-use machinery vehicles of an unlawful origin and already handled by competent authorities, a handling decision (the original or a certified copy) as prescribed by law is required.

Article 8, Registration fee receipts

Registration fee receipts or registration fee exemption decisions under the Ministry of Finance's regulations are required. In case many special-use machinery vehicles share a registration fee receipt, each vehicle must have a certified copy of this receipt.

Article 9. Order of carrying out procedures

1. The owner of a special-use machinery vehicle shall prepare a registration dossier under Article 4 of this Circular and file it directly with the provincial-level Transport Department of the locality in which the owner is headquartered or has registered permanent residence.

Upon filing the dossier, the special-use machinery vehicle owner shall produce his/her identity card or passport for checking. In case the person registering the vehicle is not its owner, authorized registrant must have a letter of authorization by the owner with his/her signature's certification by the commune, ward or district township People's Committee. An organization's representative must have a letter of introduction of this organization.

2. A provincial-level Transport Department shall:

a/ Receive and examine special-use machinery vehicle registration dossiers and guide dossier filers in completing their dossiers (when necessary).

b/ Issue appointment papers for checking special-use machinery vehicles and notify in writing registration results according to a form provided in Appendix 5 of this Circular (not printed herein).

3. Provincial-level Transport Departments shall check special-use machinery vehicles:

a/ Checking places are as agreed upon with vehicle owners and indicated in appointment papers. In case a special-use machinery vehicle is currently operating (or managed) in another province or centrally run city, the provincial-level Transport Department that has received the registration dossier shall suggest the owner contact the Transport Department in the locality in which the vehicle is operating (or managed) for checking:

b/ Special-use machinery vehicle checking steps shall be stated in the checking slip made according to a form provided in Appendix 6 of this Circular (not printed herein).

4. Time limit for granting registration certificates and number plates

Within 15 working days after receiving a complete dossier for registration of a special-use machinery vehicle, the provincial-level Transport Department shall grant a registration certificate and a number plate to the owner and record them in a management book made according to a form provided in Appendix 7 of this Circular (not printed herein). If refusing to grant registration certificate and number plate, it shall reply in writing clearly stating the reason.

Chapter III

GRANT OF DEFINITE-TIME REGISTRATIONS FOR SPECIAL-USE MACHINERY VEHICLES

Article 10. Eligible subjects

Special-use machinery vehicles which are temporarily imported and re-exported under foreign-invested programs or projects or ODA-funded projects in Vietnam must obtain definite-time registrations before moving on the road.

Article 11. Dossiers for grant of definite-time registrations for special-use machinery vehicles

A dossier for the grant of a definite-time registration for a special-use machinery vehicle shall be filed in 1 (one) set, comprising:

1. A declaration for definite-time registration (the original), made according to a set form provided in Appendix 8 of this Circular (not printed herein).

2. A certified copy of the investment license or investment certificate of the investor of the foreign-invested project in Vietnam.

3. A document on origin of the special-use machinery vehicle specified in Clause 1 or 2, Article 7 of this Circular.

4. A registration fee receipt specified in Article 8 of this Circular.

Article 12. Validity of definite-time registrations for special-use machinery vehicles

The validity duration of a definite-time registration for a special-use machinery vehicle is counted from the date of its grant to the expiration of the investment license or investment certificate of the foreign-invested project investor in Vietnam.

Article 13. Order and time limit for granting definite-time registrations for special-use machinery vehicles

The order and time limit for granting definite-time registrations for special-use machinery vehicles comply with Article 9 of this Circular.

Chapter IV

RENEWAL OR RE-GRANT OF REGISTRATIONS AND NUMBER PLATES AND GRANT OF TEMPORARY REGISTRATIONS

Article 14. Renewal of registrations and number plates

1. Owners of special-use machinery vehicles which have been converted or changed their paint colors or of which registration certificates and number plates are damaged shall carry out procedures for renewal of registrations and number plates at provincial-level Transport Departments that have granted these registrations and number plates.

2. A dossier for registration renewal of a special-use machinery vehicle comprises:

a/ A declaration for renewal of the special-use machinery vehicle's registration and number plate (the original), made according to a form provided in Appendix 9 to this Circular (not printed herein):

b/ The granted registration certificate of the special-use machinery vehicle (the original);

c/ The number plate of the special-use machinery vehicle (in case it is damaged).

Article 15. Re-grant of registrations and number plates

1. Owners of special-use machinery vehicles of which registration certificates or number plates are lost shall carry out procedures for the re-grant of registration certificates or number plates at provincial-level Transport Departments that have granted these registrations and number plates.

2. A dossier for the re-grant of a special-use machinery vehicle's registration or number plate comprises:

A declaration for the re-grant of the vehicle's registration or number plate (the original), made according to a form provided in Appendix 9 to this Circular.

Article 16. Grant of temporary registrations

1. When wishing to have their unregistered special-use machinery vehicles moving on the road, vehicle owners shall make temporary registrations. They shall make a declaration for temporary registration of a special-use machinery vehicle according to a form provided in Appendix 10 to this Circular (not printed herein) and submit it to the provincial-level Transport Department of the locality from which their vehicles intended to move in order to obtain a temporary registration.

2. A temporary registration certificate for a special-use machinery vehicle is made according to a form provided in Appendix 11 to this Circular (not printed herein) and valid for 20 days from the date of grant. Its validity duration may be extended once for another 20 days.

Article 17. Order of applying for and granting registrations and lime limit for renewal or re-grant of registration or grant of temporary registrations

1. Owner of a special-use machinery vehicle shall prepare 1 (one) dossier set and file it with the provincial-level Transport Department under Articles 14, 15 and 16 of this Circular.

When filing the dossier, the special-use machinery vehicle owner shall produce his/her identity card or passport for checking. In case the person registering a vehicle is not its owner, authorized registrant must have a letter of authorization by the owner with his/her signature certification by the commune, ward or district township People's Committee. An organization's representative must have a letter of introduction of this organization.

2. The provincial-level Transport Department shall:

a/ Receive and examine the dossier and guide the dossier filer to complete his/her dossier (when necessary):

b/ Issue a written appointment for notification of registration results, made according to a form provided in Appendix 5 to this Circular (not printed herein).

3. Within 3 working days after receiving a complete dossier, the provincial-level Transport Department shall renew a registration or grant a temporary registration for the vehicle owner. If refusing to grant a registration, it shall reply in writing clearly stating the reason.

4. In case of re-grant of the registration certificate or number plate for a special-use machinery vehicle: 30 days after receiving a complete dossier prescribed in Clause 2 of Article 15. if the vehicle is dispute-free, the provincial-level Transport Department shall re-grant the registration certificate or number plate.

Chapter V

CHANGE OF OWNERS OR REGISTRATIONS RELOCATION OF SPECIAL-USE MACHINERY VEHICLES

Article 18. Change of the owner of a special-use machinery vehicle within the same province or centrally run city

A special-use machinery vehicle which is purchased, sold, given as a gift, donated or inherited within a province or centrally run city is subject to owner change registration under the following provisions:

1. A dossier for owner change registration comprises:

a/ A declaration for special-use machinery vehicle registration (the original), made according to a form provided in Appendix 2 10 this Circular (not printed herein);

b/ Any of the documents specified at Points a, b and c, Clause 1, Article 6 of this Circular;

c/ Documents specified in Article 8 of this Circular.

2. A special-use machinery vehicle owner shall prepare 1 (one) dossier set prescribed in Clause I of this Article and file it with the provincial-level Transport Department with which his/her vehicle has been registered

When filing the dossier, the special-use machinery vehicle owner shall produce his/her identity card or passport for checking. In case the person registering a vehicle is not its owner, authorized registrant must have a letter of authorization by the owner with his/her signature's certification by the commune, ward or district township People's Committee. An organization's representative must have a letter of introduction of this organization.

3. The provincial-level Transport Department shall:

a/ Receive and examine the dossier and guide the dossier filer to complete his/her dossier (when necessary);

b/ Issue a written appointment for notification of registration results, made according to a form provided in Appendix 5 to this Circular (not printed herein);

c/ Within 10 working days after receiving a complete dossier, grant a registration certificate for the special-use machinery vehicle bearing the new owner's name but keep unchanged the granted number plate. If refusing to grant an owner change registration, it shall reply in writing clearly stating the reason.

Article 19. Change of the owner of a special-use machinery vehicle from a province or city to another

A special-use machinery vehicle which is purchased, sold, given as a gift, donated or inherited from a province or centrally run city to another is subject to procedures for registration relocation and owner change registration under the following provisions:

1. Procedures for registration relocation to be carried out at the provincial-level Transport Department with which the vehicle has been registered

a/ The vehicle owner shall file 1 (one) dossier set for registration relocation, comprising:

- A declaration for vehicle registration relocation, made according to a form provided in Appendix 12 to this Circular (not printed herein);

- Any of the documents specified at Points a. b and c, Clause 1. Article 6 of this Circular.

b/ The provincial-level Transport Department shall:

- Receive and examine the dossier and guide the dossier filer to complete his/her dossier (when necessary);

- Issue a written appointment for notification of registration results, made according to a form provided in Appendix 5 to this Circular (not printed herein);

Within 3 working days after receiving a complete dossier as prescribed, issue a special-use machinery vehicle registration relocation slip, made according to a form provided in Appendix 13 to this Circular (not printed herein), recover the number plate and cut off the top right corner of the special-use machinery vehicle registration certificate, record the registration relocation in a management book, and return the dossier of the registered special-use machinery vehicle to the owner. If refusing to issue a registration relocation slip, it shall reply in writing clearly stating the reason.

2. Procedures for owner change registration to be carried out at the provincial-level Transport Department of the locality to which the vehicle is to be moved

a/ The vehicle owner shall file 1 (one) dossier set for owner change registration, comprising:

- A declaration for vehicle registration, made according to a form provided in Appendix 2 to this Circular (not printed herein);

- Any of the documents specified at Points a. b and c. Clause 1. Article 6 of this Circular;

- The documents specified at Point 8 of this Circular;

- The vehicle registration relocation slip (the original) granted under Article 1 of this Article enclosed with the dossier of the registered vehicle.

b/ The provincial-level Transport Ministry shall:

- Receive and examine the dossier and guide
the dossier filer to complete his/her dossier (when necessary);

- Issue a written appointment for notification of registration results, made according to a form provided in Appendix 5 to this Circular (not printed herein);

- Check the vehicle under Clause 3. Article 9 of this Circular;

- Within 15 working days after receiving a complete dossier, grant a special-use machinery vehicle registration certificate and a number plate, and record them in a management book. If refusing to grant a registration certificate and a number plate, it shall reply in writing clearly stating the reason.

3. When filing the dossier, the special-use machinery vehicle owner shall produce his/her identity card or passport for checking. In case the person registering a vehicle is not its owner, authorized registrant must have a letter of authorization by the owner with his/her signature's certification by the commune, ward or district township People's Committee. An organization's representative must have a letter of introduction of this organization.

Article 20. Registration relocation of special-use machinery vehicles without owner change

When relocating his/her headquarters or place of registered permanent residence to another province or centrally run city, the owner of a special-use machinery vehicle shall carry out procedures for relocation and re-registration of the vehicle as follows:

1. Procedures for registration relocation to be carried out at the provincial-level Transport Department with which the vehicle has been registered comply with Clause 1. Article 19 of this Circular, but the dossier to be filed is not required to comprise any of the documents specified at Point a. bore, Clause 1. Article 6 of this Circular.

2. Procedures for registration to be carried out at the provincial level Transport Department of the locality to which the vehicle is to be moved comply with Clause 2. Article 19 of this Circular but the vehicle owner is not required to submit the documents specified in Article 8 of this Circular and the provincial-level Transport Department shall not inspect the vehicle under Clause 3. Article 9 of this Circular.

Chapter VI

REGISTRATION CODES. CERTIFICATES AND NUMBER PLATES

Article 21. Registration codes

Registration code of each province or centrally run city for special-use machinery vehicles shall be uniformly prescribed according to registration codes for motor vehicles moving on the road specified in Appendix 14 to this Circular (not printed herein).

Article 22. Registration certificates

1. The form of registration certificate for special-use machinery vehicles is provided in Appendix 15 to this Circular (not printed herein).

2. The form of definite-time registration certificate for special-use machinery vehicles is provided in Appendix 16 to this Circular (not printed herein).

Article 23. Registration number plates

Registration number plates for special-use machinery vehicles are made according to a form provided in Appendix 17 to this Circular (not printed herein).

Chapter VII

DEREGISTRATION AND REGISTRATION REVOCATION

Article 24. Deregistration

1. Within 60 days after a special-use machinery vehicle is liquidated, lost, sold or re exported to a foreign country, its owner shall carry out procedures for deregistration at the provincial-level Transport Department with which this vehicle has been registered.

A vehicle owner shall make a declaration for deregistration of his/her special-use machinery vehicle according to a form provided in Appendix 4 to this Circular (not printed herein) and submit it to the provincial-level Transport Department together with the registration certificate and the number plate (except cases of loss).

The provincial-level Transport Department shall revoke the registration certificate and the number plate, make deregistration in the register and give certification in the declaration within 2 days after receiving the declaration.

Article 25. Revocation of registrations and number plates

1. Granted registration certificates and number plates of special-use machinery vehicles shall be revoked upon detection of a violation of this Circular's provisions on the grant of registrations and number plates.

2. Provincial-level Transport Departments shall issue decisions to revoke granted registrations and number plates, notify them to  concerned local agencies and report them to the Directorate for Roads of Vietnam.

Chapter VIII

SOLUTION OF UNEXPECTED CIRCUMSTANCES OR PROBLEMS ARISING UPON GRANT OF REGISTRATION

Article 26. Impression or re-impression of engine and frame numbers

1. When detecting through an inspection that the engine and frame of a special-use machinery vehicle hear no number or bear unreadable numbers, the provincial-level Transport Department shall re-impress these numbers or impress new ones and record them in an inspection slip made according to a form provided in Appendix 6 of this Circular (not printed herein).

2. The impression or re-impression of engine and frame numbers shall be conducted as follows:

a/ Impression of new engine and frame numbers by the method specified in Appendix 18 of this Circular if the registration dossier and physical inspection of the special-use machinery vehicle show no engine and frame numbers;

b/ Re-impression of engine and frame numbers which are unreadable according to those indicated in dossiers of special-use machinery vehicles.

3. In case of detecting signs of re-impression, tampering or erasure of engine and frame numbers by special-use machinery vehicle owners, these owners shall show their vehicles up at a competent authority for inspection under law. In case inspection results show that engine and frame numbers have been re-impressed, tampered with or erased, these owners' dossiers shall be returned pending final conclusion of the competent authority.

Article 27. Solution of dossier-related problems

1. In case a special-use machinery vehicle owner has no document on origin specified in Article 7 of this Circular or has lost the whole relocation dossier:

a/ He/she shall make a written commitment according to a form provided in Appendix 19 to this Circular (not printed herein) and publicly notify it in the local mass media, according to a form provided in Appendix 20 to this Circular (not printed herein), once a day within 7 days:

b/ Seven days after the last time of public notification, if there is no dispute, the provincial-level Transport Department shall carry out procedures for granting a registration to the owner. In case the dossier is lost due to a natural disaster or fire as certified by the local administration, public notification is not required.

2. In case a special-use machinery vehicle owner has lost any of documents enumerated in the relocation slip of the relocation dossier:

a/ He/she shall make a written commitment according to a form provided in Appendix 19 to this Circular (not printed herein);

b/ Fifteen days after receiving a complete dossier, the provincial-level Transport Department shall carry out procedures for granting a registration to the owner.

3. A special-use machinery vehicle owner defined in Clause 1 of this Article may not sell or put in a pledge or mortgage his/her special- use machinery vehicle within 1 year after the date of grant of a registration certificate for the special-use machinery vehicle.

Article 28. Solution of circumstances occurring upon relocation or change of registered owners

1. For a special-use machinery vehicle for which registration has been relocated but its owner fails to carry out registration procedures in the locality to which his/her vehicle has been relocated before selling it to another person, the provincial-level Transport Department in the locality of the purchaser shall receive the dossier and carry out registration procedures under Article 19 of this Circular.

2. After granting a registration, the provincial- level Transport Department shall send a notice thereof to the provincial-level Transport Department in the locality from which the vehicle is relocated for making an adjustment in the registration management book.

Chapter IX

RESPONSIBILITIES

Article 29. The Directorate for Roads of Vietnam has the following responsibilities

1. To uniformly manage the grant of registrations and number plates for special-use machinery vehicles nationwide.

2. To manage the issuance of blank registration certificates and number plates for special-use machinery vehicles and the distribution of kits for impression of engine and frame numbers of special-use machinery vehicles.

3. To inspect provincial-level Transport Departments in implementing this Circular.

Article 30. Provincial-level Transport Departments have the following responsibilities

1. To organize the grant, renewal or revocation of registrations and number plates of special-use machinery vehicles in their localities under this Circular.

2. To manage registration dossiers:

a/ To archive and manage registration dossiers, including dossiers for first-time registration or definite-time registration, renewal or re-grant of registrations or grant of temporary registrations; owner change or registration relocation; deregistration or revocation of registrations, number plates and other papers required for the grant or revocation of registrations and number plates;

b/ Cases of loss or fraudulent modification of documents in dossiers archived at provincial-level Transport Departments shall be handled under law;

c/ Books for management of granted registrations and number plates for special-use machinery vehicles shall be made according to a form provided in Appendix 7 to this Circular.

3. To collect, remit and use fees and charges for the grant of registrations for special-use machinery vehicles under the Ministry of Finance's regulations.

4. To report to the Director for Roads of Vietnam on the need for blank registration certificates and number plates for special-use machinery vehicles made according to a form provided in Appendix 21 to this Circular (nor printed herein).

5. To send reports, made according to a form provided in Appendix 22 to this Circular (not printed herein), in January every year on the grant of registrations and number plates to the Directorate for Roads of Vietnam for summari­zation and reporting to the Ministry of Transport.

Chapter X

EFFECT AND ORGANIZATION OF IMPLEMENTATION

Article 31. Effect

1. This Circular takes effect 45 days from the date of its signing and replaces the Ministry of Transport's Circular No. 24/2009/TT-BGTVT of October 15, 2009. providing the grant, renewal and revocation of registrations and number plates of special-use machinery vehicles which move on the road.

2. Special-use machinery vehicles for which registration certificates and number plates have been granted or are granted before the effective date of this Circular may continue to move on the road.

Article 32. Organization of implementation

The Chief of the Office, the chief inspector, the directors of the Departments and the general director of the Directorate for Roads of Vietnam of the Ministry of Transport, directors of provincial-level Transport Departments, heads of concerned agencies, and concerned organizations and individuals shall implement this Circular.

APPENDIX 1

LIST OF SPECIAL-USE MACHINERY VEHICLES WHICH MOVE ON THE ROAD AND ARE SUBJECT TO REGISTRATION
(To the Ministry of Transport's Circular No. 20/2010/TT-BGTVT of July 30, 2010)

1. Construction machinery vehicles

1.1. Earth-working machines:

a/ Digging machines:

- Rubber-tired digging machines.

- Caterpillar digging machines.

- Half-track digging machines:

b/ Bulldozers:

- Rubber tired bulldozers,

- Caterpillar bulldozers.

- Half-track bulldozers;

- c/ Scrapers;

d/ Graders; e/ Rollers:

- Rubber-tired rollers,

- Steel-wheeled rollers,

- Tandem rollers.

1.2. Road surface-working machines:

a/ Material spreaders;

b/ Gravel road surface-working machines:

c/ Cement concrete road surface-working machines:

d/ Asphalt concrete mixers;

e/ Tarring machines;

f/ Road surface-cleansing machines;

g/ Road-maintaining machines.

1.3. Work foundation construction machines:

a/ Pile-driving machines;

b/ Drilling machines,

1.4. Pipe-laying machines of all kinds.

1.5. Stone-crushing and -screening machines of all kinds.

1.6. Other self-propelled construction machines.

2. Loading/unloading machinery vehicles

2.1. Excavators:

a/ Rubber-tired excavators;

b/ Caterpillar excavators;

c/ Half-track excavators;

d/ Bulldozing excavators.

2.2. Lifting machinery vehicles of all kinds.

2.3. Cranes:

a/ Rubber-tired cranes (except chassis truck cranes):

b/ Caterpillar cranes.

2.4. Other special-use loading/unloading machinery vehicles.

3. Special-use tractors for agriculture and forestry

3.1. Rubber-tired special-used tractors.

3.2. Caterpillar special-use tractors.-