Resolution 73/2022/QH15 pilot auction of car number plates

RESOLUTION

On the pilot auction of automobiles’ number plates^[1]

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 57/2014/QH13 on Organization of the National Assembly, which has a number of articles amended and supplemented under Law No. 65/2020/QH14;

Pursuant to Law No. 80/2015/QH13 on Promulgation of Legal Documents, which has a number of articles amended and supplemented under Law No. 63/2020/QH14;

RESOLVES:

Article 1. Scope of regulation and subjects of application

1. This Resolution prescribes the pilot auction of automobiles’ number plates, covering automobiles’ number plates put up for auction, organization of the auction; reserve price, deposit, bid increment, and auction proceeds; auction form, method, order and procedures; auction in case only one person registers for participation in auction, one person participates in auction, or one person offers bids; and rights and obligations of auction winners of automobiles’ number plates.

2. This Resolution applies to the agencies assigned by the Ministry of Public Security to hold auction; property auction organizations; auctioneers; organizations and individuals participating in auction; and other agencies, organizations and individuals involved in auction of automobiles’ number plates.

Article 2. Automobiles’ number plates put up for auction, auction property organization

1. Automobiles’ number plates put up for auction are plates with black characters on white background, except those issued to automobiles of military enterprises for economic purposes, automobiles of projects and economic institutions entering into joint ventures with foreign partners, and automobiles of foreign organizations and enterprises, diplomatic representative missions, consular representative missions, representative missions of international organizations, and foreigners working in foreign and international agencies and organizations operating in Vietnam’s territory.

2. The selection of automobiles’ number plates to be put up for auction is specified as follows:

a/ The Ministry of Public Security and property auction organization shall publicize the automobiles’ number plates specified in Clause 1 of this Article that have not been registered and are planned to be issued on the National Property Auction Portal, the Ministry of Public Security’s Portal, the Traffic Police Department’s website, and the property auction organization’s website;

b/ Organizations and individuals may select automobiles’ number plates of provinces and centrally run cities to register for participation in auction;

c/ Automobiles’ number plates which are not selected for auction or not sold at auction shall be immediately transferred to the vehicle registration and management system for registration according to regulations.

3. Within the period of implementation of this Resolution, the Ministry of Public Security shall select one property auction organization among those which possess online auction websites and are able to ensure conditions on cyber security when connecting to the vehicle registration and management system to hold auction of automobiles’ number plates.

Article 3. Reserve price, deposit, bid increment, and proceeds from auction of automobiles’ number plates

1. The reserve price of an automobile’s number plate put up for auction is VND 40,000,000.

2. The deposit equals the reserve price of an automobile’s number plate put up for auction.

3. A bid increment is VND 5,000,000.

4. The proceeds from auction of an automobile’s number plate, after deducting expenses for holding the auction, shall be remitted into the central budget in accordance with the law on the state budget.

The Government shall specify the management and use of proceeds from auction of automobiles’ number plates.

Article 4. Form, method, order and procedures for auction of automobiles’ number plates

1. The auction shall be carried out online.

2. The auction shall be carried out by the ascending price method.

3. The Government shall specify the order and procedures for auction of automobiles’ number plates.

Article 5. Auction in case only one person registers for participation in auction, one person participates in auction, or one person offers bids

When the deadline for registration for participation in auction has expired but only one person registers for participation in the auction, or in case more than one person registers for participation in the auction but only one person participates in the auction, or in case more than one person participates in the auction but only one person offers the bid at least equaling the reserve price of the automobile’s number plate put up for auction,  the automobile’s number plate shall be sold to that person.

Article 6. Rights and obligations of auction winners of automobiles’ number plates; and people acquiring automobiles fitted with number plates sold at auction through transfer, exchange, donation or inheritance

1. Rights of the auction winner of an automobile’s number plate:

a/ To be granted a confirmation of the automobile’s number plate bought through auction after making full payment for such number plate;

b/ To register the successfully auctioned number plate for the automobile under his/her/its ownership at the police office where the number plate is managed or where the auction winner registers permanent residence or is headquartered;

c/ To keep the number plate bought at auction in case the automobile is lost or damaged to an extent that makes it no longer usable, or transfer, exchange or donate such number plate to register for another automobile under his/her/its ownership within 12 months from the time the automobile is lost or damaged or from the time of transferring the ownership;

d/ To be re-granted the number plate or confirmation  of the number plate bought  at auction in case the number plate or the confirmation is lost, blurred or damaged;

dd/ Within 12 months from the date of obtaining a confirmation of the number plate bought at auction, if the auction winner dies but has not yet carried out the procedures for registration of his/her automobile with the number plate, the number plate shall be transferred to the vehicle registration and management system; his/her heir as provided by the law on inheritance may receive the amount paid by the auction winner after deducting the costs of holding the auction.

2. Obligations of the auction winner of an automobile’s number plate:

a/ To make full payment within 15 days after the approval of the auction result is issued; such payment is exclusive of the fees for registration and grant of the automobile’s number plate;

b/ To carry out procedures for registration of his/her/its automobile with the number plate bought at auction within 12 months after obtaining the confirmation of the automobile’s number plate bought at auction; in case of force majeure events or external obstacles, such time limit may be extended for at most 6 months. Past the law-prescribed time limit, if the auction winner fails to carry out procedures for registration of its/his/her automobile with the number plate bought at auction, the number plate shall be transferred to the vehicle registration and management system, and the payment therefor is non-refundable;

c/ Not to transfer, exchange, donate or bequeath the automobile’s number plate bought at auction, except the case of transfer, exchange, donation and bequeathing of automobiles fitted with number plates bought at auction.

3. Rights and obligations of people acquiring automobiles fitted with number plates bought at auction through transfer, exchange, donation or inheritance must comply with the law on procedures for issuance and revocation of the registration and number plates of road motor vehicles.

Article 7. Implementation provisions

1. This Resolution takes effect on July 1, 2023, and shall be implemented in 3 years.

2. When the period of the pilot auction of automobiles’ number plates expires, auction winners of automobiles’ number plates and people acquiring automobiles fitted with number plates bought at auction through transfer, exchange, donation or inheritance shall continue to perform their rights and obligation specified in Article 6 of this Resolution, unless otherwise prescribed by laws and other resolutions of the National Assembly.

3. The National Assembly Standing Committee, National Assembly’s Ethnic Council, National Assembly Committees, National Assembly deputies’ delegations, and National Assembly deputies shall, within the ambit of their tasks and powers, oversee the implementation of this Resolution.

4. The Government shall detail, and guide and organize the implementation of, this Resolution, and report to the National Assembly the implementation results of this Resolution and propose the improvement of the law on auction of automobiles’ number plates at the first session of 2026.

This Resolution was adopted on November 15, 2022, by the XV^th National Assembly of the Socialist Republic of Vietnam, at its fourth session.-

Chairman of the National Assembly
VUONG DINH HUE