Accordingly, the basis for including Article 37 in the draft Law:
+ According to the provisions of the Civil Code, the Law on Management and Use of Public Assets, the Law on Property Auction, the Law on Road Traffic... the warehouse of road vehicle numbers (license plates) is public property, serving state management. However, the exploitation of the warehouse of license plates faces difficulties and legal problems such as: There is no legal basis for the issuance of license plates through auction; there are no regulations on the management of auctioned license plates, rights and obligations of auction winners; determining starting prices... Through research and reference to international experience in exploiting and managing public assets, the National Assembly issued Resolution No. 73/2022/QH15 dated November 15, 2022 on piloting the auction of car license plates (white background, black letters and numbers) from September 15, 2023 to the end of February 2024. As a result, after 5 months of implementation, 15,185 car license plates were auctioned online, with a total auction price of more than 2 trillion VND; of which, 14,062 car license plates won the auction and were paid by customers with a total price of nearly 1.4 trillion VND; the license plate auction received great attention, agreement and support from public opinion.
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+ Continue to reform administrative procedures, reduce the number of documents when registering, vehicle registration has been thoroughly decentralized to qualified district and commune police, in order to reduce the number of trips and waiting time of people and businesses, and make procedures and fees for registration and license plate issuance transparent. In particular, research on switching from the method of issuing and managing license plates by vehicle to issuing and managing license plates by vehicle owner identification code, receiving and using electronic data through the public service portal to register and issue license plates, meeting the national digital transformation program, serving the goal of digital citizens and digital government according to Project 06 of the Government.
+ The pilot auction of car license plates according to Resolution No. 73/2022/QH15 will be implemented until July 2026 (the time when the Law on Road Traffic Order and Safety, if passed, will come into effect). After July 2026, if it continues to be implemented, the Law on Road Traffic Order and Safety must be amended. On the other hand, the auction of new license plates is only applied on a pilot basis to car license plates with a white background and black letters and numbers, and has not been widely applied to other types of car license plates and motorcycle and motorbike license plates, so it has not fully met the wishes of people who want to own license plates according to their preferences.
The legalization of the provisions of Resolution No. 73/2022/QH15 dated November 15, 2022 of the National Assembly on pilot auction of vehicle license plates into the Law on Road Traffic Safety and Order is very necessary, in accordance with current regulations on the issuance and management of vehicle license plates according to the vehicle owner's identification code, meeting the goals of digital citizens, digital Government according to Project 06 of the Government and effectively exploiting and managing public assets.
Article 37. Auction of vehicle license plates (in the draft Law on Road Traffic Order and Safety): 1. The license plate numbers put up for auction are the license plate numbers of cars, motorbikes and scooters specified in Points c and d, Clause 2, Article 36 of this Law. 2. The starting price of a car license plate put up for auction is not less than 40 million; the starting price of a motorcycle license plate put up for auction is not less than 5 million. Based on socio-economic conditions in each period, the Government shall specifically decide the starting price of the type of license plate put up for auction. 3. The deposit must not be lower than the starting price of the license plate type being auctioned. 4. Price step is 10% of starting price. 5. Vehicle license plate auctions are conducted online. 6. In case there is only one person registering to participate in the vehicle license plate auction, he/she will be determined as the winner of the vehicle license plate auction. 7. The person who wins the vehicle license plate auction has the following rights: a) Be granted a decision confirming the winning auction license plate number after paying the full auction winning amount; b) Register the auction winning license plate attached to the vehicle owned by the person at the police agency that manages the auction winning license plate or the residence of the individual or the headquarters of the auction winning organization; c) Transfer, exchange, gift, or inherit the vehicle with the auction winning license plate; d) Within 12 months from the date of issuance of the decision confirming the auction winning license plate, if the auction winner dies but has not completed the vehicle registration procedure to attach the auction winning license plate, the heir in accordance with the provisions of the law on inheritance shall receive the amount paid by the auction winner after deducting the auction organization costs. 8. The person winning the vehicle license plate auction has the following obligations: a) Pay the full amount of the auction winning price within 30 days from the date of announcement of the auction winning result; the auction winning price does not include registration and license plate fees. After the prescribed deadline, if the auction winner does not pay or does not pay the full amount of the auction winning price, the auction winning license plate will be re-auctioned or transferred to the vehicle registration and management system and the auction winner will not be refunded the deposit; b) Carry out the vehicle registration procedure to attach the auction winning license plate within 12 months from the date of issuance of the decision confirming the auction winning license plate; in case of force majeure or objective obstacles, this period may be extended but not exceeding 06 months. After the prescribed period, if the auction winner does not carry out the vehicle registration procedure to attach the auction winning license plate, the auction winning license plate will be re-auctioned and the auction winner will not be refunded the auction winning amount paid; c) The license plate of the auction-winning vehicle may not be transferred, exchanged, given away, or inherited, except in the case of transferring, exchanging, giving away, or inheriting the vehicle with the auction-winning license plate; d) If the auction participant does not confirm the auction minutes or the auction winner does not pay the full auction winning amount, the deposit will not be refunded and the bidder will not be allowed to participate in the vehicle license plate auction within 12 months. 9. Vehicle registration and license plates of auction-winning vehicles after transfer, exchange, donation, or inheritance of vehicles with auction-winning license plates shall be managed, issued, and revoked in accordance with the provisions of Article 38 of this Law. 10. The proceeds from the vehicle license plate auction after deducting the auction organization costs, advertising costs, auction system management costs and other costs shall be paid into the central budget according to the provisions of the law on the state budget. 11. The Government shall detail this Article; prescribe the order and procedures for vehicle license plate auctions. |
Hoa Binh - Ministry of Public Security Portal
Source: https://bocongan.gov.vn/pbgdpl/van-ban-moi/bo-sung-noi-dung-ve-dau-gia-bien-so-xe-trong-du-thao-luat-trat-tu-an-toan-giao-thong-duong-bo-t1378.html
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