1. Legal issues regarding re-issuance of automobile import business license?

Car is a type of road motor vehicle, including the types of cars, passenger cars, trucks and specialized cars defined in TCVN 6211: Road vehicles - Type - Terminology and definitions;; TCVN 7271: Road vehicles – Cars – Classification according to purpose of use and car chassis.

General regulations for car import business: Only businesses can be considered for a car import business license; Enterprises have the right to import cars after meeting the conditions and being granted a car import business license according to the provisions of this Decree. Car importers must comply with regulations on car import management in this Decree and relevant legal documents.

Conditions for car import business: Enterprises must meet two conditions: (1) Have an automobile warranty and maintenance facility owned by the enterprise, or leased by the enterprise, or part of the system. The enterprise's authorized agent system meets the provisions of this Decree.

(2) There is a written confirmation or document proving that the enterprise has the right to, on behalf of a foreign automobile manufacturing and assembling enterprise, carry out a recall of imported automobiles in Vietnam.

Authority to re-issue automobile import business license: Ministry of Industry and Trade.

The following types of cars do not apply regulations on car import and export business conditions:

– Serves national defense and security purposes according to the plan approved by the Prime Minister;

– In the form of temporary import of subjects entitled to privileges and immunities, comply with separate regulations of the Government and the Prime Minister;

– Belongs to gifts, gifts, and movable assets; foreign aid; serving scientific research;

– Serves special purposes as decided by the Prime Minister;

– In the form of temporary import for re-export, temporary export for re-import; transfer; sent to bonded warehouse; transit;

– Do not participate in public transportation, only operate within a narrow range;

– Specialized cars, specialized passenger cars and specialized cargo cars as defined in TCVN 6211: Road vehicles - Types - Terms and definitions;

TCVN 7271: Road vehicles – Cars – Classification according to purpose of use.

In case of re-issuance of a car import business license: lost or damaged.

Dossier to request re-issuance of a car import business license includes an application for re-issuance of a car import business license: 01 original copy.

Procedure for reissuance of automobile import business license:

– Enterprises submit 01 set of documents as prescribed in Clause 1 of this Article directly or via postal system or other appropriate form to the Ministry of Industry and Trade;

– In case the dossier is incomplete or not in accordance with regulations, within 07 working days from the date of receiving the dossier, the Ministry of Industry and Trade shall send a document requesting the enterprise to supplement and complete it in accordance with regulations;

– Within 07 working days from the date of receiving complete and valid documents, the Ministry of Industry and Trade will consider re-issuing the automobile import business license to the enterprise. In case the License is not reissued, the Ministry of Industry and Trade shall respond in writing and clearly state the reason.

Once the Imported Automobile Business Certificate has been reissued, the enterprise is responsible for:

 – Maintain business conditions and ensure the implementation of warranty, maintenance, recall and recovery responsibilities for imported cars according to the provisions of law.

– Provide buyers with the following documents and papers:

+ Car user manuals in Vietnamese from foreign car manufacturing and assembling enterprises or translated into Vietnamese from user manuals of foreign car manufacturing and assembling enterprises;

+ Warranty book clearly states information about warranty period and conditions; cycle and content of maintenance work; Address of warranty and maintenance facility and other necessary information for warranty and maintenance.

– Report to the Ministry of Industry and Trade before January 30 every year on the car import situation of the previous year (Form No. 11, Appendix II issued with this Decree).

2. What is an application for re-issuance of a car import business license?

An application for re-issuance of a car import business license is a document sent by an enterprise to the Ministry of Industry and Trade to request a re-issue of a business license in case the license is damaged or lost.

The application for re-issuance of the automobile import business license is used to express the enterprise's wishes to the competent authority in wanting to re-issue the business license, and is the basis for the Ministry of Industry and Trade to manage the situation of car import business in the country.

3. Application form for re-issuance of automobile import business license:

APPLICATION FOR RE-ISSUANCE OF CAR IMPORT BUSINESS LICENSE

To: Ministry of Industry and Trade

Business name…….(2)………

Head office address:…………(3)…………

Phone:…………….Fax:…………Email……..

Contact person:…….(4)………….Title:…………….Phone:……………..

Business registration certificate (or document with equivalent legal value) No.……….. issued by……………… date…..month……..year……

Has been granted Automobile Import Business License No.... date... month... year...

1. Request the Ministry of Industry and Trade to consider re-issuing the Automobile Import Business License.

2.Reason for re-issue:

3. Attached documents:

…………….(business name) hereby commits to strictly comply with the provisions of Decree No. /2017/ND-CP dated month 2017 the Government regulates the conditions for production, assembly, import and business of automobile warranty and maintenance services, and other related legal documents and takes full responsibility before the law. /.

Legal representative of the enterprise

(Sign, stamp, clearly state full name)

4. Instructions for application form for re-issuance of automobile import business license:

(1) The person writing the application must clearly state the location, date, month and year of making the application, for example Hanoi, April 15, 2021.

(2) The business name is recorded according to the Business Registration Certificate, for example Kim Long Limited Liability Company.

(3) The head office address of the enterprise must clearly state the house number, street name, ward, district, city, for example: house number 6, Nguyen Van Troi Street, Trung Van Ward, Nam Tu Liem District, Hanoi .

– Phone: Frequently contacted phone number or hotline of the business, email address of the business, with Fax number.

(4) Write the name of the contact person, usually the legal representative, clearly stating the position such as director, deputy director, etc.

– The person writing the application must clearly state the contents of the Business Registration Certificate, including number, issuer and time of issuance.

– Reason for reissue: lost or damaged.

– Attached documents (if any).

– The legal representative signs and writes full names, using the company's own seal to stamp.

Below is a sample car import business license, with comparative value in the case of actual and legal forms, as well as a comparison between the old license and the reissued license.

AUTOMOBILE IMPORT BUSINESS LICENSE

  Based decree /2017/ND-CP dated 2017 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

- Based decree /2017/ND-CP date month year 2017 of the Government regulating conditions for production, assembly, import and business of automobile warranty and maintenance services;

– Consider the application for an automobile import business license number … date …… of …. (name of import enterprise),

The Ministry of Industry and Trade issues automobile import business licenses to businesses:

I. BUSINESS INFORMATION

- Company's name:…….

– Address:……………Phone:……… Fax:.. … Email:………………..

– Business registration certificate (or document of equivalent legal value) No.……….. issued by…………… date…..month……..year……

– Address of warranty and maintenance facility…………….phone…………

II. LICENSE CONTENT

……. (business name) is allowed to import the following types of cars:

…………….. (business name) is responsible for properly implementing the provisions of Decree No. /2017/ND-CP dated 2017 of the Government regulating production, assembly and import conditions and business of automobile warranty and maintenance services.

III. THIS LICENSE IS EFFECTIVE FROM THE DATE OF SIGNING./.

Legal basis:

Decree 116/2017/ND-CP regulates conditions for production, assembly, import and business of automobile warranty and maintenance services.