Thông tư 21/2011/TT-BGTVT

CIRCULAR

REGULATING ON REGISTRATION OF INLAND WATERWAY VEHICLES

Pursuant to the 2004 Law on Inland Waterway Transport;

Pursuant to the Decree No.51/2008/ND-CP dated April 22, 2008 of the Government regulating functions, duties, powers and organizational structure of the Ministry of Transport;

Minister of Transport regulates on registration of inland waterway vehicles as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of governing and application subjects

1. This Circular provides the procedures for registration of inland waterway vehicles and the organization of registration of inland waterway vehicles.

2. Inland waterway vehicles of organizations and individuals operating on the inland waterways must be registered under the provisions of this Circular, except for rudimentary vehicles with a gross tonnage of under 01 ton or with a carrying capacity of under 05 people or rafts.

3. This Circular does not apply to the registration of the following vehicles:

a) Vehicles on duty of national defense and security;

b) Fishing vessels;

c) Sport ships, boats.

Article 2. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Fishing vessels mean specially-used facilities for exploitation, aquaculture, seafood processing.

2. Sport ships, boats mean specially-used facilities for sport training and competitions.

3. Vehicle owners mean the organizations, individuals that own or manage, use vehicles.

4. Vehicles subject to registry mean the non-motorized vehicles of gross tonnage from 05 tons or more or with a carrying capacity of more than 12 passengers; motorized vehicle with total main engine capacity of 05 horsepower or more or with a carrying capacity from 05 people or more.

5. Change of the technical features of vehicles means the change of structure, size, capacity, weight or the utility of vehicles.

6. Unexploited vehicles mean the vehicles newly built or imported but not yet put into operation on inland waterways.

7. Vehicles subject to stamp duty payment mean the non-motorized vehicles of gross tonnage of 15 tons, motorized vehicles with total main engine capacity of more than 15 horsepower, vehicles with a carrying capacity of more than 12 passengers.

Chapter II

REGISTRATION OF VEHICLES

Article 3. General provisions on vehicle registration and deregistration of vehicles

1. Vehicles having complete dossier in accordance with provisions will be registered by competent vehicle registering agency as provided for in Article 13 of this Circular in the Registry of inland waterway vehicles and issued certificate of registration for inland waterway vehicles.

2. Vehicle owners apply registration dossiers for vehicles in the vehicle registering agency where the vehicle owners locate their head offices or registered their permanent residence. If vehicle owners are individuals that have not yet had permanent residence but have registered temporary residence at the locality, they shall be registered their vehicles as for the cases having permanent residence.

3. Vehicles must be re-registered when they are transferred ownership, changed technical features or vehicle owners change their offices, places where their permanent residence is registered to another city.

4. Vehicle deregistration is applied in the following cases:

a) Permanent deregistration shall be applied in the cases: vehicles are missing; vehicles are damaged; vehicles have no ability to be restored; vehicles are transferred abroad; at the request of the vehicle owners.

b) Deregistration for re-registration shall be applied in the cases: the vehicle registering agency is changed (not changing owner); vehicle ownership is transferred with the change of vehicle registering agency.

5. Certificate of registration for inland waterway vehicles is in the Form No.6, issued together with this Circular; the certificate of registration of inland waterway vehicles reissued is stamped "Re-issue for the …time".

6. Certificate of registration for inland waterway vehicles being lost shall be re-issued if it meets in full documents as prescribed in Article 6 of this Circular.

7. Certificate of registration for inland waterway vehicles being old, crushed shall be changed if it meets in full documents as prescribed in Article 7 of this Circular.

Article 4. Vehicle registration dossier for the first time

1. For untapped vehicles, vehicle registration dossier for the first time includes:

a) Papers required to be submitted for archiving in the vehicle registering agency:

An application for registration of inland waterway vehicle as prescribed in Form No.1 attached to this Circular; two size 10 x 15 cm photos taken the entire starboard side of the vehicle in the floating state; receipt of stamp duty (the original) for vehicles subject to payment of stamp duty; declarations on safety conditions of inland waterway vehicles as prescribed in Form No.8 issued together with this Circular, for vehicles not subject to registry.

b) Documents presented for the vehicle registering agency to check:

Certificate of technical safety and environmental protection of vehicle for vehicles subject to registry; permit or declarations of imported vehicle as prescribed by law, for imported vehicles; the vehicle purchasing contract or vehicle building contract for vehicles subject to registry; proof to be allowed to operate and is based in Vietnam, for foreign organizations or proof to be permitted to reside in Vietnam, for foreign individual; financial leasing contract, for the case that the financial leasing organizations request to register vehicle at the place of permanent residence or temporary residence of the lessee.

2. For vehicles in operation, vehicle registration dossier for the first time includes:

a) Documents required to be submitted for archiving in the vehicle registering agency:

An application for registration of inland waterway vehicle as prescribed in Form No.1a, issued together with this Circular; two size 10 x 15 cm photos taken the entire starboard side of the vehicle in the floating state; receipt of stamp duty (the original) for vehicles subject to payment of stamp duty; declarations on safety conditions of inland waterway vehicles as prescribed in Form No.8 issued together with this Circular, for vehicles not subject to registry.

b) Documents presented for the vehicle registering agency to check:

Certificates of technical safety and environmental protection for vehicles subject to the registry.

Article 5. Dossier for vehicle re-registration

1. Where the vehicles are changed their technical features, dossier for vehicle re-registration includes:

a) An application for registration of inland waterway vehicle as prescribed in Form No.2, issued together with this Circular; two size 10 x 15 cm photos taken the entire starboard side of the vehicle in the floating state; receipt of stamp duty (the original) for vehicles subject to payment of stamp duty; certificate of registration of inland waterway vehicle issued; declarations on safety conditions of inland waterway vehicles as prescribed in Form No.8 issued together with this Circular, for vehicles not subject to registry.

b) Documents presented for the vehicle registering agency to check:

Certificate of technical safety and environmental protection of vehicle issued after it is changed its technical features, for vehicles subject to registry.

2. In case of transfer of ownership of the vehicles but not changing the vehicle registering agency, dossier for vehicle re-registration includes:

a) Documents required to be submitted for archiving in the vehicle registering agency:

An application for re-registration of inland waterway vehicle as prescribed in Form No.3, issued together with this Circular; two size 10 x 15 cm photos taken the entire starboard side of the vehicle in the floating state; certificate of registration of inland waterway vehicle issued; receipt of stamp duty (the original) for vehicles subject to payment of stamp duty.

b) Documents presented for the vehicle registering agency to check:

The vehicle purchasing contract or the decision to transfer vehicle of the competent agency; if vehicle owner is the foreign organization or individual whose name is in the certificate of vehicle registration, it must present proof to be allowed to operate and based in Vietnam or proof to be permitted residence in Vietnam.

3. In case of transfer of ownership of the vehicles and changing the vehicle registering agency, dossier for vehicle re-registration includes:

a) Documents required to be submitted for archiving in the vehicle registering agency:

An application for re-registration of inland waterway vehicle as prescribed in Form No.3, issued together with this Circular; two size 10 x 15 cm photos taken the entire starboard side of the vehicle in the floating state; vehicle registration dossier sealed by former vehicle registering agency; receipt of stamp duty (the original) for vehicles subject to payment of stamp duty; declarations on safety conditions of inland waterway vehicles as prescribed in Form No.8 issued together with this Circular, for vehicles not subject to registry.

b) Documents presented for the vehicle registering agency to check:

The vehicle purchasing contract or the decision to transfer vehicle of the competent agency; if vehicle owner is the foreign organization or individual whose name is in the certificate of vehicle registration, it must present proof to be allowed to operate and based in Vietnam or proof to be permitted residence in Vietnam; Certificate of technical safety and environmental protection of vehicle, for vehicles subject to registry.

4. Where the vehicle owners relocate their offices or places where their permanent residence is registered, dossier for vehicle re-registration includes:

a) Documents required to be submitted for archiving in the vehicle registering agency:

An application for re-registration of inland waterway vehicle as prescribed in Form No.4, issued together with this Circular; two size 10 x 15 cm photos taken the entire starboard side of the vehicle in the floating state; vehicle registration dossier sealed by former vehicle registering agency.

b) Documents presented for the vehicle registering agency to check:

Certificate of technical safety and environmental protection of vehicle, for vehicles subject to registry.

Article 6. Dossier for re-registration of the certificate of vehicle registration

Where the certificate of vehicle registration is lost, dossier for re-registration of the certificate of vehicle registration includes:

1. Documents required to be submitted for archiving in the vehicle registering agency:

An application for re-registration of inland waterway vehicle as prescribed in Form No.5, issued together with this Circular;

2. Documents presented for the vehicle registering agency to check:

Certificate of technical safety and environmental protection of vehicle, for vehicles subject to registry.

Article 7. Dossier for renewal of the certificate of inland waterway vehicle registration

1. If certificate of registration of inland waterway vehicle which has been granted is old, torn, vehicle owner is responsible for conducting procedures for its renewal. Vehicle owner must submit 01 set of dossier including the following documents for archiving in the vehicle registering agency:

a) An application for renewal of certificate of registration of inland waterway vehicle as prescribed in Form No.7, issued together with this Circular;

b) Two size 10 x 15 cm photos taken the entire starboard side of the vehicle in the floating state;

c) The certificate of registration of inland waterway vehicle granted.

2. Documents presented for the vehicle registering agency to check:

Certificate of technical safety and environmental protection of vehicle, for vehicles subject to registry.

Article 8. Dossier for deregistration of inland waterway vehicles

Vehicle owners are responsible for conducting vehicle deregistration procedures in the cases specified in Clause 4, Article 3 of this Circular. Vehicle owners must submit 01 set of dossier including the following documents for storage in the vehicle registering agency:

1. An application for deregistration of inland waterway vehicle as prescribed in Form No.3a, issued together with this Circular.

2. Certificate of registration of inland waterway vehicle granted.

Article 9. The order, procedures for grant of certificates of inland waterway vehicle registration and certificates of inland waterway vehicle deregistration

1. Organizations and individuals wishing to register vehicles of inland waterway, to be re-granted or for renewal of certificates of registration or deregistration of inland waterway vehicles send 01 set of dossier by mail or by person at Department of Transport.

2. Departments of Transport receive dossiers, examine components of the dossiers. If components of the dossier are complete in accordance with provisions of this Circular, the Departments of Transport grant receipts (in case of direct filing) or send via mail to the organizations and individuals applying for certificates of registration or deregistration of inland waterway vehicles.

3. If components of the dossier are not complete in accordance with provisions of this Circular, the Departments of Transport shall send written responses to the organizations and individuals the missing or unsatisfactory contents of dossier and guide the organizations, individuals to supplement, complete them.

4. Time limit for issuing a certificate of vehicle registration and certificate of vehicle deregistration is not more than 03 working days after receiving complete dossier as prescribed.

5. When organizations or individuals receive certificates of inland waterway vehicle registration and certificates of inland waterway vehicle deregistration, they must present recepts, ID cards, written introduction or written authorization.

Article 10. Name of vehicle

1. In addition to registration numbers granted by the vehicle registering agency, vehicles may have their names.

2. Name of the vehicle is named by the vehicle owner but not being identical to the name of the inland waterway vehicle registered in the Registry of inland waterway vehicles of the vehicle registering agency. If names of the Vietnam historical figures or historical events are used to name vehicles, it must be approved by the the vehicle registering agency in accordance with regulations.

Article 11. The registration number and lining of registration number on the vehicle

1. The registration number of the vehicle includes two groups, group of letters, and group of numbers.

a) Group of letters consists of letters abbreviated names of provinces and cities directly under the Central Government as prescribed in Appendix issued together with this Circular.

b) Group of numbers consists of 4 digits sequenced from 0001 to 9999; the localities with quantity of more than 10,000 vehicles are used the group of letters consisting of 5 digits after all groups of 4-digit number used up; group of number is lined behind the letters abbreviated names of provinces and cities directly under the Central Government.

2. The size of letters and numbers lined on the vehicles are defined as follows:

a) Minimum height: 200 mm.

b) Minimum net width: 30 mm.

c) The distance between the letters or numbers: 30 mm.

3. The color of the letters and numbers of registration must be different from the background color of the place being lined.

4. The position of lining the registration number of vehicle:

a) The registration number of the vehicles must be lined at the place where it is not hidden at the left, right and front of the vehicle cabin;

b) If vehicles have not got cabins, line at the dry board at two sides of vehicle’s bow;

c) If vehicles have not got cabins and the dry board’s height is not enough to line the registration number as required, then allow to miniaturize as lining but it must be lined at the most prominent locations;

d) In case passenger carrying vehicles have a carrying capacity of more than 12 persons, in addition to the lining of registration number, it also be lined the number of people who are allowed to carry at the top of the vehicle registration number.

Article 12. Basic contents of the Registry of inland waterway vehicle

Registry of inland waterway vehicles has the following basic contents:

1. Serial number, registration number;

2. Vehicle name, date of issue;

3. Name and address of vehicle owner;

4. Levels of vehicles, utilities, and place of building;

5. Design length, greatest length;

6. Design width, maximum width;

7. Board height, sinking;

8. Dry board, shell material;

9. The number, type and main engine capacity;

10. Gross tonnage, pull, push, number of people allowed carrying;

11. 10 x 15 cm photo taken the entire starboard side of the vehicle in the floating state.

Article 13. Vehicle registering agencies

1. Departments of Transport of the provinces and centrally-run cities shall organize the registration of vehicles of the organizations and individuals located their head offices or registered permanent residence in the provinces and cities directly under the Central Government.

2. Depending on the specific conditions of each locality, the Departments of Transport submit to the People's Committees of provinces and cities directly under the Central Government for decentralizing subordinate traffic management agencies to implement the registration of vehicles of the organizations and individuals.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 14. Responsibilities and powers of vehicle registering agencies

1. To organize the registration of vehicles as prescribed; instruct vehicle owners to make vehicle registration dossiers.

2. In case of changing vehicle registering agency, the vehicle registering agency is responsible for performing some following provisions:

a) To cut corners of certificate of inland waterway vehicle registration issued and put into a part of the sealed record, and delete vehicle name in the Registry of inland waterway vehicles;

b) To issue certificate of vehicle deregistration as prescribed in Form No.9, issued together with this Circular;

c) To seal the vehicle registration dossiers;

d) To deliver all vehicle registration dossiers which have been sealed for vehicle owners.

3. To make the Registry of inland waterway vehicles; store and manage inland waterway vehicle registration dossiers as prescribed.

4. To monitor, synthesize, statistics the situation of vehicle registration under the jurisdiction; to comply with reporting regime and be subject to inspection and professional guidance of the Ministry of Transport, Department of Inland Waterway of Vietnam.

5. To collect vehicle registration fees as prescribed by law.

Article 15. Responsibilities of vehicle owners

1. To conduct vehicle registration procedures in accordance with provisions; to line name, registration number, safety waterlines, and the number of passengers who are allowed to carry on vehicles.

2. In case of changing vehicle registering agencies, the vehicle owners are responsible for performing some following provisions:

a) To return the certificates of registration of inland waterway vehicle which have been granted to the vehicle registering agencies;

b) To receive and preserve sealed vehicle dossiers returned by former vehicle registering agencies to submit to the new vehicle registering agencies.

3. To declare with the vehicle registering agencies for deregistration of the vehicle and return the certificates of registration of inland waterway vehicles for the cases specified in clause 4 of Article 3 of this Circular.

Article 16. Print, management of certificates of registration of inland waterway vehicles

The Transport Departments are responsible for printing embryo of certificates of registration of inland waterway vehicles, certificates of deregistration of inland waterway vehicles as prescribed in Form No.6 and No.9, issued together with this Circular.

Article 17. Transitional provisions

Inland waterway vehicles which have been registered previously are changed the certificates of registration of inland waterway vehicles at the vehicle registration agencies when required; dossiers for changing the certificates shall comply with Article 7 of this Circular.

Article 18. Effect

1. This Circular takes effect after 45 days from the date of signing. To annul the Decision No.15/2008/QD-BGTVT dated August 29, 2008 of Ministry of Transport to promulgate regulations on registration of inland waterway vehicles.

2. To issue together with this Circular 01 Appendix and 11 forms as follows:

a) Appendix: Symbol of group of the letters inscribed on the Registry of inland waterway vehicles of the Departments of Transport;

b) Form No.1: Application for registration of inland waterway vehicle (used for un-exploited vehicles for the first registration);

c) Form No.1a: Application for registration of inland waterway vehicle (used for being operated vehicles for the first registration);

d) Form No.2: Application for re-registration of inland waterway vehicle (used for vehicles to be changed their technical features);

đ) Form No.3: Application for re-registration of inland waterway vehicle (used for vehicles to be transferred ownership);

e) Form No.3a: Application for deregistration of inland waterway vehicle;

g) Form No.4: Application for re-registration of inland waterway vehicle (used for vehicles only changing vehicle registering agency);

h) Form No.5: Application for re-grant of certificate of registration of inland waterway vehicle (used for vehicles to be lost certificates);

i) Form No.6: Certificate of registration of inland waterway vehicle;

k) Form No.7: Application for renewal of certificate of registration of inland waterway vehicle;

l) Form No.8: A list of safety conditions of inland waterway vehicles required to be registered but not subject to the registry;

m) Form No.9: Certificate of deregistration of inland waterway vehicle.

3. During the execution, if any problems arise, organizations and individuals should report timely to the Ministry of Transport for proper review and adjustment.

4. Chief of the Office, Chief Inspector of the Ministry, Directors of Departments, Director of Vietnam's inland waterways, Directors of the Departments of Transport, heads of concerned agencies, organizations and individuals shall implement this Circular./.