The Decision 53/2013/qd-Ttg Dated: About Importing, Temporary Re-Export, Destruction, Transfer For Two-Wheeled Vehicles, Cars With Air Of The Object Are Entitled To Privileges, Immunities In Viet ...

Original Language Title: Quyết định 53/2013/QĐ-TTg: Về việc tạm nhập khẩu, tái xuất khẩu, tiêu hủy, chuyển nhượng đối với xe ô tô, xe hai bánh gắn máy của đối tượng được hưởng quyền ưu đãi, miễn trừ tại Việt...

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PRIME MINISTER
Numbers: 53 /2013/QĐ-TTg
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 13, 2013

A DECISION.

About import of import, reexport, destruction, transfer transfer

For Car, two-wheel drive of the object. Enjoy.

Preferable, exemption at V. All right N -

____________________

The Law base. Nest Government on December 25, 200. 1 ()

The French base commands the right to preferable, exemplive the diplomatic representative body, the consugt agency and the representative body. socket function International in Vietnam on August 23, 1993;

Parliamentary Base No. 73 /CP on July 30, 1994 of Ch I'm The government rules out the details of the law on the right of the privilege, immunity to the diplomatic agency, the agency. l The truth and the representative body of t socket It ' s international in Vietnam;

Base of Protocol 1 2/20 0 6/ND-CP November 23, 2006 of Ch I'm The government rules. i - i The Commercial Law of the World Trade Activity. Fuck. International and international Ah! Active duty. I am buy, b Ah! n, the macho and the hours. Fuck. with foreign countries;

At the suggestion of Minister of Finance I'm - ()

Prime Minister Ch I'm The government issued a decision on the import of the gun, Ah! i export, destroy, Chuy Okay. The deal. Stain. i with cars, two wheels. It's The object of the object is broken. in Rules Okay. Preferable, m i Except in Vietnam. m.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decision provides for the temporary import of import, reexport, destruction, transfer to automobiles, two-wheel drive-mounted vehicles of the subject of preferable, exempt from Vietnam.

2. Automoby cars, two-wheel drive-mounted objects of the subject are entitled to preferable, exempts in Vietnam as cars, two-wheed vehicles (below the so-called machine-mounted vehicles) serve the needs of the work, the living of diplomatic representative agencies, the consupie agency, the agency. The representatives of the international organization based in Vietnam are entitled to preferable, exemptable, and members of these agencies enjoy the right to preferable, exempt from Vietnam.

What? 2. Subject applies

1. The diplomatic representative body, the consuvage agency and the representative body of the international organization based in Vietnam are entitled to preferable, exempt from the international treaties that Vietnam signed or joined by regulation at Article 8, 9, and 10 United States Census Numbers. 73 /CP on 30 July 1994 of the Government;

2. Foreign officials of the diplomatic representative body, consum/consul, officials of the agency's representative body of the international organization based in Vietnam are entitled to preferable, exempt from the international treaties signed by Vietnam. Or join.

3. The technical administrative officer of the diplomatic representative body and the consuvage body is entitled to preferable, exempisable on the principle that goes back between the state of Vietnam and the country; employees of the international organization ' s representative body are based in the country. Vietnam is entitled to preferable, exemption under international treaties that Vietnam signed or joined.

4. Organization, individual buyer car, motorcycle attached to the object set 1, 2 and 3 This (below the call for a car buyer).

5. The state governing body stipulated at Article 10 of this Decision.

What? 3. Seminary, quantitative to automobile, motorcycle attached to the tax-free import

1. Subject states at Clause 1, 2 and 3 Article 2 The decision is to be temporarily imported free of the car tax exemption, the motor vehicle of the correct type, the specified quantitative at Annex I, II and III issued with this Decision.

2. When there is a reasonable need, the subject states at 1 Article 2 The decision is reviewed by the State Department, which reports the Prime Minister to allow for the temporary import of the car tax exemption, the motorcyclist that exceeds the prescribed amount at the Appendix I issued with this Decision.

What? 4. Conditions for the subject are temporarily imported free of car tax, motorcycle mount

1. The subject states at 1 Article 2 This Decision is temporarily imported free of car tax exempts, machine-mounted vehicles, the specified quantitative at Annex I issued with this Decision after being licensed by the Ministry of Foreign Affairs of automobiles, machine-mounted vehicles. Tax.

2. Subject states at paragraph 2 and 3 Article 2 This Decision:

a) Subject states at paragraph 2 Article 2 This decision is temporarily imported free of a tax of 1 automobile (the head of the head of the diplomatic representation agency), 1 motorcycle attached to the taxon, the specified quantitative at Annex II. It is accompanied by this decision if the conditional satisfaction of a time of work at the diplomatic representation agency, the consuvage agency, the representative body of the international organization based in Vietnam is entitled to preferable, free from 18 (eighteen) months of return. is up since the day the subject is certified by the Ministry of Foreign Affairs and has time to work in Vietnam at a minimum of 12 (twelve) months or more. Vietnamese work on the Ministry of Foreign Affairs.

b) The subject states at paragraph 3 Article 2 This decision is to be temporarily imported free of 1-car, 1 motor vehicle, specified in Annex III issued by this decision if the conditions of the conditions had time to work at the agency. Diplomacy, consugnation, representative body of the international organization based in Vietnam is entitled to preferable, exempt from the minimum 12 (twelve) months or more from the day the subject is certified by the Ministry of Foreign Affairs and the time of its work. in Vietnam at a minimum of 9 (nine) months or more (the time of business in Vietnam on the certificate of mail issued by the Ministry of Foreign Affairs).

3. Subject states at Clause 1, 2 and 3 Article 2 The decision is to be temporarily imported free of the car tax exemption, the motorcycle attached to the addition of sufficient quantiation in the following circumstances:

a) Subject states at paragraph 1 Article 2 of this Decision after the completion of the reexport procedure or the destruction or transfer of a car, motorcycle mount.

b) The subject states at Clause 2 and 3 Article 2 This decision after the completion of the reexport or destruction procedure for automobile, accident vehicle, disaster, or objective cause of the technique is not continuing to use and the duration of the work. In Vietnam the minimum of 9 (nine) months or more since the date of the completion of the procedure of reexporting or the destruction of the vehicle (the time of service in Vietnam on the proof of a letter issued by the Ministry of Foreign Affairs).

4. Subject states at Clause 1, 2 and 3 Article 2 This decision is to be temporarily importing the used automobile vehicle as the asset to the type, the specified quantitative, and must meet the following conditions:

a) There is a confirmation of the relocation of the property or the transfer of another country to Vietnam.

b) There is a license to prove ownership of the vehicle.

c) There is a certificate of technical safety quality and protection of the imported motor vehicle environment by regulation.

d) The driver is on the left (the driver).

5. The Subject states at Clause 1, 2 and 3 Article 2 This decision should temporarily import the used automobile rifle must comply with the prescribed use of the car imports specified in the Digital Protocol. 12 /2006/NĐ-CP 23 January 2006 of the Government regulates the Commercial Law of the Trade of International goods and purchasing, selling, machinization, foreign goods, and related manual text. Do not import the used motorcycle.

What? 5. The rights and obligations of the subject matter at paragraph 1, 2 and 3 Article 2 This Decision

1. The authority of the object states at paragraph 1, 2 and 3 Article 2 This Decision:

a) It is temporarily imported from car tax-free, machine-mounted vehicles in the right category, quantitative and reexporting, destruction, automobile transfer, vehicle-mounted motorcycle.

b) A car-free vehicle, a duty-free motorcycle; a temporary import, re-export, vehicle transfer, motorcycle transfer, vehicle-mounted vehicle; issued or revoked vehicle registration and license plate license plate, motorcycle vehicle; as a registration procedure. Car car.

2. The object of the object states at Clause 1, 2 and 3 Article 2 This Decision:

a) Subject states at Clause 1, 2 and 3 Article 2 This Decision is obligated to use an automobile, the motorcycle attached to the purpose and adheres to the existing regulations of the Vietnamese law; not authorized to use the diplomatic license plate, foreign to the partners. The statue is not entitled to preferable, exemption; the contract for the hire of Vietnamese vehicles is made by the provisions of the Ministry of Foreign Affairs.

b) Subject states at paragraph 2 and 3 Article 2 This decision before the end of a business term in Vietnam is obliged to carry out the procedure of reexporting or destruction or transfer of automobiles, machine-mounted vehicles that have temporarily imported the tax exemption under existing regulations. of Vietnamese law.

Chapter II

SPECIFIC REGULATION

What? 6. The procedure of car-level planning, motorcycle mount; import procedure m i Car tax, car. y ; procedures for issuing car registration and license plate registration; car registration procedures; procedures for recovery of vehicle registration certification, vehicle plates; export for export, transfer, car destruction, motorcycle mount.

1. The temporary import of the automobile, the machine-mounted vehicle currently follows the following sequence:

a) A car-level window, a tax-free machine, and a letter certificate for the object specified in Clause 1, 2 and 3 Article 2 This Decision.

b) The import implementation at the same time as the implementation of the Technical Safety Quality Test and the protection of the imported motor vehicle environment at the International Store for the objects stated at Clause 1, 2, and 3 Article 2 This Decision.

c) Level the registration certificate and license plate number of cars, the motorcycle attached to the objects stated at Clap 1, 2 and 3 Article 2 This Decision.

d) Register the vehicle and register the vehicle for the objects specified at Clap 1, 2 and 3 Article 2 This Decision.

2. Reexport, transfer, car destruction, motor vehicle execution in the following sequence:

a) To confirm the re-export, transfer, automobile destruction, motorcycle mount of the objects stated in Clause 1, 2 and 3 Article 2 This Decision.

b) The license plate plate, the registration certificate of the objects stated at Clap 1, 2 and 3 Article 2 This Decision;

c) Implemation of the export, automobile transfer, motorcycle attached to the subject states at Clause 1, 2 and 3 Article 2 This Decision;

d) Perform the auto destroy vehicle, the motor vehicle of the objects stated at Clap 1, 2 and 3 Article 2 This Decision.

3. The current regulatory base of the law, international customs and on the principle that goes back between the State of Vietnam and the countries:

a) The Ministry of Foreign Affairs specifically instructs car-level planning, tax-free motor vehicles, and ID for the subject to enjoy preferable, exemption in Vietnam and confirm the re-export, transfer, car destruction, motorcycle mount of the partners. It states at 1, 2 and 3 Article 2 This decision.

b) The specific guidance finance ministry for the import, reexport, automobile transfer, vehicle transfer of the object states at Clause 1, 2 and 3 Article 2 This decision; regulation of an import-import period, reexported in accordance with the partner's work term. This is the two and three Articles 2.

c) The Ministry of Particular Guidance of the Contracting Procedures and the recovery of registration certificates and the automobile number of cars, the object-mounted vehicle of the object states at Clause 1, 2, and 3 Article 2 This Decision; on the certificate of registration of the vehicle when the level is specified by the specified value deadline. register the vehicle in accordance with the work term of the objects set forth at paragraph 2 and 3 Article 2 This Decision.

d) The Ministry of Transport for specific guidance procedures for testing of technical safety and protection of the imported motor vehicle environment; vehicle registration and registration procedures for subjects stated in Clause 1, 2 and 3 Article 2 This Decision.

The Department of Natural Resources and the Environment for Particular Guidance of the Car.

What? 7. Car reexporting car, motorcycle mount

1. Subject states at Clause 1, 2 and 3 Article 2 This decision does not have the need for automobile use, motorbikes are using and there is a need for reexporting of the vehicle.

2. Subject to paragraph 2 and 3 Article 2 This decision before the end of the business term in Vietnam.

3. Car car, accident motorcycle, natural disaster or objective cause of the non-continuing technique used and the object does not carry out the destruction.

What? 8. Conditions of automobile destruction, motorcycle mount

1. Subject states at Clause 1, 2 and 3 Article 2 This decision does not have the need to use automobile vehicles, the mounted motorcycle is using and has the need to destroy the vehicle.

2. Subject to paragraph 2 and 3 Article 2 This decision before the end of the business term in Vietnam.

3. Car car, accident motorcycle accident, natural disaster or objective cause of the non-continuing technique used and the object does not make re-export.

What? 9. Car transfer conditions, motorcycles

1. The condition of time spent using automobiles, motorcycle mounted vehicles:

a) For the subject set at paragraph 1 Article 2 This Decision:

Used the vehicle for at least 24 (twenty-four) months or more.

b) For the subject matter at paragraph 2 and 3 Article 2 This Decision:

-Used cars at least 12 (twelve) months or more;

-Or the end of a business term in Vietnam or for a mission of a groundbreaking work before the end of a business term in Vietnam.

The time has been used for automobiles, and machine-mounted vehicles in Vietnam are calculated from the time the Ministry of Public Security certificate has received the registration of the vehicle.

2. For the imported automobile the used car is used:

At the time of the transfer, if the five production of the car was over five years, the subject states at 1, 2 and 3 Articles 2 The decision was not transferred to the agency, the organization, the trader, the individual in Vietnam. In particular, the car buyer is subject to preferable privileges, exempts in Vietnam at Clause 1, 2 and 3 Article 2 This decision is received by the transfer of the car; when buyers of this car have no need to use the car or at the end of a business term. in Vietnam, it has to be re-exported or destroyed, not allowed to transfer cars in Vietnam.

3. When the subject states at Clause 2 and 3 Article 2 This decision makes the transfer of the car, the agency where the work object has the work to send the Ministry of Foreign Affairs (State Department of the Republic) to commit the non-temporary import of an automobile tax exemption, motorcycle attached to replace the vehicle. will transfer during the rest of the business in Vietnam.

4. Tax policy on car cars, transport vehicles in Vietnam:

a) For cars from 15 seats to the seat (including driving): Apply to the used car import tax rate issued by the Prime Minister in effect at the time of the transfer.

b) For cars from 16 seats up (including driving):

The import tax base is tax value, tax rate and tax rate at the time of the car transfer, namely:

-The tax value defined on the basis of the remaining use of vehicle usage in Vietnam (from the time of entry in the customs post to the time of the car transfer) and the declaration value at the time of the registration of the customs post. At the time of the registration of the customs post, the declaration price was lower than the price in the price database at the same time, valuing the tax value identified on the basis of the remaining use of the vehicle in Vietnam and the price in the facility. Price data.

-The tax rate applies to a car tax rate from 16 or more seats that have been used at the preferable Import Tax Chart at the time of the transfer.

c) The time of transfer of the vehicle to the specified case at Point a and b This 4 This is as follows:

-For the subject of Article 1 Article 2 This decision is the time to change the purpose of using the vehicle to be shown on the transaction papers between the car buyer and the car owner.

-For the subject matter at Clause 2 and 3 Article 2 This decision is the time to change the purpose of using the vehicle to be shown on the transaction papers between the car buyer and the car owner in accordance with the time the owner of the car ends the business term in Vietnam.

d) The buyer of the vehicle of the specified objects at Clause 1, 2 and 3 Article 2 The decision is in charge of prescribation, filing of taxes, prescribed fees.

For the motorcycle, there is no transfer in Vietnam.

What? 10. The responsibility of the state governing bodies involved

1. Ministry of Foreign Affairs:

a) Prussia turned this Decision to the agency of diplomatic representation, the consuvage agency, the representative body of the international organization based in Vietnam entitled to preferable, immunity and those who worked at these agencies enjoyed preferable, exemption at the local government. Vietnam knows and does.

b) Host, in coordination with the Ministry of Finance, Ministry of Public Security, Ministry of Industry, Ministry of Transport, Ministry of Transport built a car-free motorcycle, a tax-free motorcycle; construction of the database of information, electronic information portal for vehicle monitoring management, vehicle-mounted vehicles. It states at 1, 2 and 3 Article 2 This decision.

c) Chair, in collaboration with the Ministry of Finance review, address the permission of the object stating at 1 Article 2 This decision is temporarily imported from the vehicle tax-free, the machine-mounted vehicle that exceeds the prescribed amount at the Appendix I issued with this Decision.

d) The operating time base in Vietnam of the subject states at paragraph 2 and 3 Article 2 This Decision (the time of work on the certificate of mail issued by the Ministry of Foreign Affairs), the Ministry of Foreign Affairs coordinated with the diplomatic representative body, the consuMail agency, the agency. The international organization based in Vietnam is entitled to preferable, exemption (where the object of the work) to inform the subject of reexporting or destruction or transfer of automobiles, machine-mounted vehicles that have temporarily imported duty-free guns before the end of the year. to promote business in Vietnam.

The base rules the law to guide and manage the Vietnamese contracting the driver with the object states 1, 2 and 3 Article 2 This Decision.

2. Ministry of Finance responsibility:

a) presided over, in coordination with the Ministry of Public Guidance for the customs of the automobile, the vehicle attached to import, reexport, transfer, and tax policy towards automobiles, the vehicle attached to the transfer machine in Vietnam.

b) Coordinated with the Ministry of Foreign Affairs, Ministry of Commerce, Ministry of Public Security, Ministry of Transport for the construction of car-vehicle pricing models, the vehicle attached to the import machine.

c) Coordinated with the Ministry of Foreign Affairs review, addressing the permission of the object stating at Article 1 Article 2 This decision is temporarily imported from the vehicle tax-free, the machine-mounted vehicle that exceeds the prescribed amount at the Appendix I issued with this Decision.

d) Perform the relevant content at this Decision.

3. Ministry of Commerce:

a) Coordinated with the Ministry of Finance to guide customs procedures to automobiles, import and export machinery, reexport, transfer, and tax policy toward automobiles, transferable motor vehicles in Vietnam.

b) Coordinated with the Ministry of Foreign Affairs, Ministry of Finance, Ministry of Public Security, Ministry of Transport for the construction of car-vehicle pricing models, the vehicle attached to the import machine.

c) The implementation of the relevant content at this Decision.

4. Ministry of Public Affairs:

a) Guide to the granting of registration of vehicle registration, license plate plate; recovery of vehicle registration certification, vehicle plates of the object stated in Clause 1, 2 and 3 Article 2 This decision and the buyer of the vehicle.

b) Coordinated with the Ministry of Foreign Affairs, Ministry of Finance, Ministry of Commerce, Ministry of Transport for the construction of car-vehicle pricing models, the vehicle attached to the import machine.

c) The implementation of the relevant content at this Decision.

5. Transportation Department Charge:

a) Guide to the inspection of technical safety and environmental protection against the imported and regulated motor vehicle for the object's automobile in Clause 1, 2 and 3 Article 2 This decision and the buyer of the vehicle.

b) Do not issue technical safety checks, the environment for an automobile of the object states at Clause 2 and 3 Article 2 This decision if the object has ended a business term in Vietnam but has not yet committed either to re-export or destroy or destroy. transfer of the vehicle (the base date on the registration certificate issued by the Ministry of Public Security for identification).

c) The case does not issue a technical safety test certification, the environment for automobile for the subject states at Clause 1, 2 and 3 Article 2 This Decision, the Department of Transportation notified by text to the Ministry of Foreign Affairs, Ministry of Finance (Customs General) to coordinate, process by the regulatory function of the agencies.

d) Coordinated with the Ministry of Foreign Affairs, Ministry of Finance, Ministry of Public Security, Ministry of Public Affairs building automobile vehicle pricing, vehicle attached to the importing machine.

This decision is made at the decision.

6. The responsibility of the Ministry of Natural Resources and Environment:

a) presided over, in collaboration with the Ministry of Finance that carried out the destruction of the vehicle by regulation of automobiles, the object-mounted vehicle of the object stated at Clause 1, 2, and 3 Article 2 This Decision.

b) Perform the relevant content at this Decision.

What? 11. Waste Processing

The ministries, industry, agencies, organizations, individuals, when they detect cars, the car's taxing-free imports are issued in Clause 1, 2 and 3 Article 2 This decision, if the object itself changes the purpose of using cars, motorcycle vehicles, but not the procedure. export or transfer or transfer of vehicles, which still circulate vehicles in Vietnam in time of a timely violation of the breach, in accordance with the prescribed means of regulation and transfer of records, the means for the authorities to have jurisdiction and the subject of breach of the breach. according to the rule of law.

Chapter III

EXECUTION CLAUSE

What? 12.

1. This decision has been in effect since 1 November 2013.

2. Repeal of the regulatory content associated with the temporary import, reexporting, destruction, transfer of car to car, motor vehicle catering to the business needs, the livelihood of the diplomatic representative body, the consuvage agency, the international organization ' s representative body can be found. The Vietnam-based headquarters are entitled to preferable, exemp-exempt, and those who work at these agencies enjoy preferable, exempt from Vietnam at the No. 03 /2007/TTLT-BCT-BTC-BNG October 15, 2007 of the Ministry of Commerce, the Ministry of Finance and the Ministry of Foreign Affairs and its previous provisions are contrary to the regulation at this Decision.

What? 13. Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial People's Committee, Central City, agencies, organizations, individuals involved in the decision to enforce this decision.

Prime Minister

(signed)

Dao Dung