I am an expatriate working at a diplomatic mission in Vietnam and currently using an automobile imported as a duty-free personal belonging. I am going to return to my home country in the next quarter and wish to transfer my automobile to a Vietnamese friend. What procedures must I complete to do so?
According to Vietnamese regulations regarding procedures for temporary import, re-export, destruction and transfer of automobiles and motorbikes of Vietnam-based persons entitled to privileges and immunities, you have to obtain an automobile transfer permit in order to transfer your automobile.
A dossier of application for an automobile transfer permit that you have to prepare must comprise:
- One original application for automobile transfer permit bearing certification of your working status by the agency where you are working in Vietnam;
- Your identity card granted by Vietnam’s Ministry of Foreign Affairs: one copy enclosed with the original for comparison;
- A document of Vietnam’s Ministry of Foreign Affairs (the General Department of State Protocol or the provincial-level Foreign Affairs Department of the locality where the Vietnam-based consular office of your country of origin is located) on the automobile transfer: one original;
- A written certification of revocation of your automobile registration and number plate by local the police office: one original;
- The automobile import declaration form bearing the stamp “For re-export or transfer or destruction in accordance with law”: one copy bearing certification by the customs branch where procedures for temporary import of your automobile were carried out, in case customs procedures for temporary import of your automobile were carried out in the documental form;
- Your automobile’s valid certificate of technical safety and environmental protection inspection, or the registry office’s written certification that your automobile remains technically eligible for circulation, in case your automobile’s manufacturing year is more than 5 years ago as stipulated in Article 1.3 of the Prime Minister’s Decision 14/2021/QD-TTg dated March 26, 2021: one copy enclosed with the original for comparison.
Procedures for grant of an automobile transfer permit
After preparing the above dossier of application for an automobile transfer permit, you have to submit it to the provincial-level Customs Department that has granted the automobile temporary import permit.
The provincial-level Customs Department that receives your dossier of application for an automobile transfer permits will, after examining and checking completeness and validity of the dossier, issue a dossier receipt and grant an automobile transfer permit to you within five working days from the date of dossier receipt.
In case your dossier is considered incomplete, the provincial-level Customs Department will have to guide you in completing such dossier under regulations. Within three working days after receiving a complete and valid dossier, the provincial-level Customs Department will grant an automobile transfer permit.
Based on your dossier of application for an automobile transfer permit and information declared in the import declaration form, the provincial-level Customs Department will look it up on the e-customs data processing system in case e-customs procedures were carried out for temporary import of your automobile in order to grant an automobile transfer permit.
In case there is a doubt about truthfulness of information declared in the import declaration form, the provincial-level Customs Department will request in writing the Customs Branch that carried out the automobile temporary import procedures to provide information on such import declaration. Within five days after receiving a written request of the provincial-level Customs Department carrying out automobile transfer procedures, the Customs Branch that carried out the automobile temporary import procedures shall provide requested information.
For every temporarily imported automobile, one set of transfer permit comprising four copies will be granted.
After granting an automobile transfer permit, the provincial-level Customs Department will deliver to you two copies of the permit, of which one will be kept by you and the other handed to your friend for completing transfer procedures.
Your friend (automobile transferee) will have to submit to the Customs Branch under the provincial-level Customs Department that grants the automobile transfer permit one set of dossier which must comprise one customs declaration and the original automobile transfer permit granted by such provincial-level Customs Department.
He/she also has to pay taxes, charges and fees (if any) in accordance with the law on import duty, value-added tax, excise tax, charges and fees.
Based on the dossier and actual conditions of the automobile, the Customs Branch will carry out transfer procedures (including those for tax calculation and collection as specified by law, except where he/she is eligible for duty-free temporary import or import of automobiles in accordance with law).
The Customs Branch will hand duty and tax receipts (in case of duty and tax collection in cash) to your friend while carrying out the transfer procedures or the person authorized by him/her to carry out the transfer procedures in accordance with law for completing procedures for automobile circulation registration; or collect copies of documents on duty and tax payment into the state budget or of checks via the State Treasury (bearing certification by the payment-receiving State Treasury office) or via-bank payment order from the person carrying out the transfer procedures or person authorized to carry out the transfer procedures in accordance with law.
In case the customs procedures for automobile transfer are completed in the documental form, the Customs Branch will return one original import declaration form to the customs declarant.
In case of carrying out e-customs procedures without data sharing between the public security office and the customs office in accordance with Article 25.9 of the Government’s Decree 08/2015/ND-CP dated January 21, 2015, the Customs Branch will be required to confirm the customs clearance on the import declaration form printed from the customs system and hand it to the customs declarant for completion of the procedures for circulation registration of the automobile at the public security office.- (VLLF)