The Government has just issued Decree No. 39/2023/ND-CP detailing a number of articles of Resolution No. 73/2022/QH15 dated November 15, 2022 of the National Assembly on pilot auction of automobile license plates.
This Decree details a number of articles of Resolution No. 73/2022/QH15, including the order and procedures for auctioning automobile license plates and the management and use of proceeds from license plate auctions.
Auction participants are Vietnamese organizations and individuals who are eligible to participate in the auction of automobile license plates according to the provisions of this Decree and other relevant legal provisions.
The auction winner is the person participating in the online auction of car license plates with the highest bid compared to the starting price or equal to the starting price as prescribed in Article 5 of Resolution No. 73/2022/QH15. The car license plate auction is the entire auction process for a car license plate.
Automobile license plate auctions include automobile license plate auctions organized and implemented in an approved auction plan. The auction winning amount is the amount that the auction winner pays to be granted the right to use the automobile license plate through being issued a document confirming the auction winning license plate.
Illustration photo: VNA |
The Ministry of Public Security's automobile license plate auction management system is a collection of software, infrastructure and transmission lines specifically designed to serve the management of automobile license plate auctions.
Principles of online auction: Auction of car license plates is conducted online in the network environment, must comply with the provisions of law on asset auction and network security.
The Decree stipulates: The Minister of Public Security decides on the number of car license plates to be auctioned at each auction, including car license plates of provinces and centrally run cities, series symbols: A, B, C, D, E, F, G, H, K, L, M, N, P, S, T, U, V, X, Y, Z with white background, black letters and numbers that have not been registered, are expected to be newly issued, are in the Vehicle Registration and Management System of the Ministry of Public Security and supplement the number of car license plates for the police of provinces and centrally run cities in case there are no more car license plates to register before the next auction.
The Minister of Public Security approves the plan for organizing the auction of automobile license plates for each auction session, including the following main contents: List of automobile license plates to be auctioned; starting price, bid steps and deposit; form and method of organizing the auction; time of organizing the auction; handling of auction situations (if any); other related contents.
The auction plan must be publicly announced on the Ministry of Public Security's electronic information portal within 5 working days from the date of approval.
Accordingly, the Ministry of Public Security transfers the list of car license plates to be auctioned to the property auction organization, and at the same time publicly announces the list and plan for organizing the auction of car license plates on the Ministry of Public Security's Electronic Information Portal, the Traffic Police Department's Electronic Information Portal, with a link to the online auction information page of the property auction organization.
The property auction organization shall publicly announce the list of license plates of cars put up for auction on the National Property Auction Information Portal, the Property Auction Organization's Online Auction Information Page and post it at its headquarters. The auction regulations must be posted and publicly announced on the Online Auction Information Page and the headquarters of the property auction organization.
Time for public announcement, posting, Auction Regulations, list of car license plates to be auctioned at least 30 days before the auction date.
The Decree assigns the Ministry of Public Security to open a specialized collection account at a bank or foreign bank branch to collect auction winnings. Interest (if any) accrued on the balance of the specialized collection account of the Ministry of Public Security shall be fully paid into the state budget.
The amount of money collected from the auction of car license plates after deducting the costs of organizing the auction and the interest (if any) arising on the balance of the specialized collection account of the Ministry of Public Security shall be declared, paid and settled with the tax authority. The tax authority shall manage the declaration, payment and settlement of this revenue according to the provisions of law on tax management.
No later than the 20th of each month, the Ministry of Public Security (or the agency assigned by the Ministry of Public Security to manage the collection and payment of auction proceeds) shall declare and pay the auction proceeds collected in the previous month to the tax authority. The Ministry of Public Security (or the agency assigned by the Ministry of Public Security to manage the collection and payment of auction proceeds) shall make annual settlement of auction proceeds in accordance with tax administration laws.
The Decree clearly states: The entire amount of auction proceeds shall be paid into the central budget. Accordingly, the interest (if any) arising from the balance of the Ministry of Public Security's specialized collection account at banks and foreign bank branches must be paid into the central budget in full, together with the auction proceeds collected in the month of occurrence; the Ministry of Public Security shall be responsible for determining and approving the auction organization costs as the basis for calculating the auction proceeds collected and paid into the state budget.
At the same time as preparing the annual state budget estimate, based on the implementation progress and funding needs, the Ministry of Public Security shall prepare an estimate corresponding to 30% of the amount collected from the auction of license plates of the previous year that has been paid to the state budget to serve the work of ensuring traffic safety and order and fighting against crimes, investing in infrastructure systems, training to improve the qualifications of officers performing the work of registration, management of road motor vehicles and ensuring security and order, and send it to the Ministry of Finance for synthesis and submission to the competent authority for allocation of implementation funds in the annual state budget estimate of the Ministry of Public Security according to the provisions of the State Budget Law and relevant legal documents.
Within 12 months from the date of the document confirming the license plate of the auctioned car or the document extending the registration period in case of force majeure or objective obstacles, the auction winner has not registered the license plate of the auctioned car attached to the vehicle, the Ministry of Public Security will send a notice to the auction winner at the address registered in the auction registration file.
In case the auction winner dies, the legal heir of the auction winner will be refunded the auction winning amount paid (after deducting the auction organization costs as prescribed and without interest) according to the law.
The Ministry of Public Security shall preside over and coordinate with relevant ministries and branches to organize the implementation of this Decree and assign functional units to supervise and ensure security and safety during the process of organizing the auction of automobile license plates.
The Decree takes effect from July 1, 2023. The pilot auction of automobile license plates prescribed in this Decree will be implemented from July 1, 2023 to July 1, 2026.
VNA
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