Handling imported cars of entities eligible for immunities and privileges which have not been transferred

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Imported cars: Photo: Ha Phuong

The General Department of Customs has announced the list of duty-free imported cars by entities eligible for privileges and immunities in Vietnam, which have been sold, gifted or donated to other organizations and individuals in Vietnam but have not gone through the transfer procedures.

Local customs departments shall base on provisions in Clause 6 of Article 1 of Circular 27/2021 of the Ministry of Finance to carry out transfer procedures for the cars in the above list.

The General Department of Customs has sent this list to the Ministry of Public Security and the Ministry of Transportation to direct relevant units to deal with these cars according to Clause 4 Article 1 of Decision 14/2021/QD-TTg.

Specifically, Clause 4, Article 1 of Decision 14/2021/QD-TTg stipulates the management of duty-free temporarily imported cars of entities enjoying immunities and privileges which have been sold, gifted or donated to other organizations and individuals in Vietnam but have not gone through transfer procedures prescribed by law.

“1. Duty-free on temporarily imported cars of entities entitled to immunities and privileges in Vietnam which have been sold, gifted and donated to other organizations and individuals in Vietnam but have not gone through transfer procedures and are on the list announced by the Ministry of Finance (hereinafter referred to as untransferred vehicles) will be detailed as follows:

Vehicles of individuals mentioned in Clause 1 Article 2 of this Decision are on the list of unused vehicles that is compiled and submitted by diplomatic missions, consular offices, representative offices of international organizations in Vietnam (hereinafter referred to as “diplomatic mission agencies”) to the Ministry of Foreign Affairs of Vietnam;

Vehicles of individuals mentioned in Clause 2 and Clause 3, Article 2 of this Decision are on the list compiled and submitted by the diplomatic mission agencies to the Ministry of Foreign Affairs of Vietnam. The list shall specify that these individuals’ term in Vietnam ended and that their workplaces are not authorized to transfer, re-export or destroy these vehicles.

2. The person who is managing or using the vehicle shall complete procedures for withdrawal of the registration certificate, license plate and procedures for vehicle transfer in accordance with this Decision, regulations of the Ministry of Finance and the Ministry of Public Security.

3. The Ministry of Finance shall:

a) Provide instructions on handling untransferred vehicles specified in Clause 1 of this Article;

b) Compile and provide the list of duty-free temporarily imported cars of individuals entitled to immunities and privileges before the effective date of the Prime Minister’s Decision No. 10/2018/QD-TTg dated March 1, 2018;

c) Pursuant to prevailing regulations, provide instructions and request customs authorities to complete vehicle transfer procedures specified in Clause 1 of this Article; and not to monitor and manage vehicles for which transfer procedures have been completed as per regulations;

d) Send the list of untransferred vehicles mentioned in Clause 1 of this Article to the Ministry of Foreign Affairs, the Ministry of Public Security and the Ministry of Transport;

e) Request the Ministry of Foreign Affairs to hand over the list of vehicles that are no longer under management of customs authorities mentioned in Point c of this Clause.

4. The Ministry of Foreign Affairs shall:

a) Work with the diplomatic mission agencies in determination of the quantity of unused vehicles of organizations and vehicles of their employees who have reached the end of their terms of office in Vietnam and do not authorize their workplaces to transfer, re-export or destroy these vehicles;

b) Send the Ministry of Finance (General Department of Customs) the list of untransferred vehicles mentioned in Clause 1 of this Article and the list of vehicles of diplomatic mission agencies in Vietnam that have been closed;

c) Send the list of vehicles that are no longer managed by the customs authorities mentioned in Point e, Clause 3 of this Article to the diplomatic mission agencies;

d) Cooperate with the Ministry of Finance (General Department of Customs) in handling these vehicles.

5. The Ministry of Public Security shall:

a) Review information about holders of certificates of vehicle registration of the untransferred vehicles and inform the Ministry of Finance;

b) Request traffic police authorities to take action against violations; control the traffic; register vehicles; investigate road accidents; handle violations when finding vehicles on the list of untransferred vehicles notified by the Ministry of Finance on public roads.

In case the vehicle manager or user is able to prove the origin of the vehicle (documents proving ownership of the vehicle or lawful origin of the vehicle), instruct him/her to complete procedures for withdrawal of the registration certificate, license plate at the police authority and complete vehicle transfer procedures at the local Customs Departments;

c) Cooperate with the Ministry of Finance in handling these vehicles.

6. The Ministry of Transport shall:

a) Request vehicle registration authorities to stop registering untransferred vehicles notified by the Ministry of Finance;

b) Instruct vehicle managers and users to complete procedures for withdrawal of the registration certificate, license plate at the police authority and complete vehicle transfer procedures at the local Customs Departments;

c) Cooperate with the Ministry of Finance in handling these vehicles.

7. Vehicle transfer documentation:

a) The customs declaration provided by the Minister of Finance;

b) The decision on withdrawal of the vehicle registration certificate and license plate issued by the police authority: 1 original copy;

c) Other documents relevant to the transferred vehicle (if any).”