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New regulations on temporarily imported automobiles free of duty by entities eligible for privileges and immunities but transfer procedures have not yet been done

Thu Hong  20/04/2021 12:00 AM
On March 26th, 2021, the Prime Minister issued Decision No. 14/2021/QD-TTg amending and supplementing a number of articles of Decision No. 53/2013/QD-TTg dated September 13th, 2013 of Prime Minister on the temporary import for re-export, destruction, and transfer of vehicles of the entities enjoying diplomatic immunity and privileges in Vietnam  (Decision No. 53/2013/QD-TTg). There is the new Article 9a - provisions on the management of automobiles temporarily imported free of duty by entities eligible for privileges and immunities in Vietnam which have been sold, given or donated to other organizations or individuals in Vietnam but have not yet been carried out procedures for transfer as prescribed by law and belong to the List of vehicles notified by the Ministry of Finance as follows:

- Automobiles in the List of vehicles no longer under management or in use, as confirmed by Vietnam-based diplomatic missions, consular offices or representative offices of international organizations (hereinafter referred to as representative offices) with the Ministry of Foreign Affairs (Vietnam);

- Automobiles in the List of vehicles that are not authorized to the managing agencies for re-export or destruction by the entities eligible for privileges and immunities work after their working terms in Vietnam expire, as confirmed with the Ministry of Foreign Affairs (Vietnam) by the representative offices where such entities work.

According to Decision No. 14/2021/QD-TTg, entities eligible for privileges and immunities managing and using the automobiles must carry out the procedures to revoke the certificate of vehicle  registration, license plate and the procedures for vehicle transferring as prescribed in Decision No. 53/2013/QD-TTg and regulations of the Ministry of Finance, the Ministry of Public Security.

An application for vehicle transfer includes: (i) a customs declaration with information criteria or a form prescribed by the Minister of Finance; (ii) 01 original copy of the registration revocation, the license plate of the entities’ automobiles issued by the police office; (iii) other documents relating to the transferred automobile (if any).

The Prime Minister assigned the Ministry of Finance to assume the prime responsibility for guiding and handling automobiles that have not yet gone through the transfer procedures.

In addition, Ministry of Finance reviews and provides the Ministry of Foreign Affairs a list of automobiles temporarily imported free of duty by entities eligible for privileges and immunities in Vietnam which have been temporarily imported before April 20th, 2018; guides and directs the customs office to carry out the procedures for vehicle transfer; do not monitor and manage vehicles that have completed the transfer procedures as prescribed; Notifies the list of vehicles not undergoing transfer procedures to the Ministry of Foreign Affairs, the Ministry of Public Security and the Ministry of Transport; notifies the Ministry of Foreign Affairs the list of vehicles that are no longer managed and monitored by customs authorities.

The Prime Minister assigned the Ministry of Foreign Affairs to work with the representative offices to confirm the number of vehicles no longer managed and used (for office vehicles), and the number of vehicles of individuals belonging to this representative office whom term of office in Vietnam have been expired and not authorized the representative office to handle transfer procedures or re-export or destroy the vehicle. At the same time, the Ministry of Foreign Affairs notifies the Ministry of Finance (the General Department of Customs) the list of vehicles that have not yet undergone transfer procedures; the list of vehicles belonging to the representative offices that have closed in Vietnam; notifies representative offices the list of vehicles the customs office no longer monitors, manage; and coordinates with the Ministry of Finance (the General Department of Customs) in the process of handling vehicles.

The Prime Minister assigned the Ministry of Public Security to check information on the person whose name is on the certificate of vehicle registration and the number of vehicles that have not gone through transfer procedures to send that information to the Ministry of Finance; to direct the traffic police offices through patrol to control and handle violations; traffic command and control; vehicle registration; investigate and settle the traffic accident since detecting that a car that has not yet gone through the transfer procedures on the list announced by the Ministry of Finance to join the traffic, it shall be based on the law provisions to handle the violation.

In case the vehicle operator or user can prove the vehicle's origin (papers proving vehicle ownership or papers proving legal vehicle origins), the police offices provides guidance to the entities currently managing and using the vehicle to carry out the procedures to revoke the registration certificate and the license plate at the police station then they shall go to the convenient Local Customs Department to carry out the transfer procedures as prescribed; and to coordinate with the Ministry of Finance in the process of handling vehicle.

The Prime Minister assigned the Ministry of Transport to direct the registry office to cease the registration of the vehicles that have not gone through the transfer procedures announced by the Ministry of Finance; to guide the entities managing and using the vehicle to the police office to carry out the procedures for revoking the certificate of registration, license plate and to the convenient Local Customs Department to carry out the procedure for vehicle transfer according to the law; to coordinate with the Ministry of Finance in the process of handling vehicles.

In addition, Decision No. 14/2021/QD-TTg amendment  and supplement Article 4; Clause 2, Article 5; and Article 9 of Decision No. 53/2013/QD-TTg.

 

Decision No. 14/2021/QD-TTg takes effect from May 15th, 2021 and is annulled the Prime Minister's Decision No. 10/2018/QD-TTg dated March 1st, 2018.

 
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