Decree No. 156/2024/ND-CP dated December 10, 2024 on the auction of vehicle license plates
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THE
GOVERNMENT |
THE
SOCIALIST REPUBLIC OF VIETNAM |
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No. 156/2024/ND-CP |
Hanoi, December 10, 2024 |
DECREE
ON THE AUCTION OF VEHICLE LICENSE PLATES
Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
Pursuant to the Civil Code dated November 24, 2015;
Pursuant to the Law on Road Traffic Order and Safety dated June 27, 2024;
Pursuant to the Law on Property Auction dated November 17, 2016, and the Law on amendments to the Law on Property Auction dated June 27, 2024;
Pursuant to the Law on Management and Use of Public Assets dated June 21, 2017;
Pursuant to the Law on Information Technology dated June 29, 2006;
Pursuant to the Law on Cyber Information Security dated November 19, 2015;
Pursuant to the Law on Cybersecurity dated June 12, 2018;
The Government hereby issues this Decree on the auction of vehicle license plates.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides detailed regulations on Articles 37 and 38 of the Law on Road Traffic Order and Safety 2024 concerning the auction of vehicle license plates, including: license plates for auction, starting prices, deposit amounts, bid increments, forms, methods, and procedures for auctioning vehicle license plates, rights and obligations of successful bidders of license plates, collection, submission, handling of deposits, and refund of auction proceeds.
Article 2. Regulated entities
1. The Ministry of Public Security.
2. Asset auction organizations and auctioneers selected to conduct vehicle license plate auctions.
3. Organizations and individuals participating in auctions (hereinafter referred to as bidders).
4. Other relevant agencies, organizations, and individuals.
Article 3. Interpretation of terms
For the purposes of this Decree, the following terms are defined as follows:
1. Bidders are Vietnamese organizations and individuals who register to participate in auctions by submitting valid auction applications and deposits to asset auction organizations in accordance with this Decree and other relevant legal provisions.
2. Successful bidder refers to the participant in the online auction for a vehicle license plate who offers the highest bid above the starting price or equal to the starting price as prescribed in this Decree.
3. Vehicle license plate auction refers to the entire auction process for a single vehicle license plate.
4. Vehicle license plate auction session includes all individual vehicle license plate auctions conducted within an approved auction plan.
5. Auction proceeds are the amount of money paid by the successful bidder to be granted the right to use the vehicle license plate through the issuance of a Decision confirming the auctioned vehicle license plate.
6. Vehicle license plate auction management system of the Ministry of Public Security refers to a collection of hardware, software, infrastructure, and transmission systems designed specifically to support the management of vehicle license plate auctions.
7. Vehicle registration and management system is a collection of hardware, software, databases, networking equipment, security devices, and other connected equipment from the Ministry of Public Security to police units and localities for the purpose of producing, transmitting, receiving, processing, storing, and exchanging digital information to support one or more vehicle registration operations.
Article 4. Auction form and method
1. The auction form is online auction.
2. The auction method is ascending price auction.
Article 5. Vehicle license plates for auction
1. Vehicle license plates for auction include license plates for automobiles, motorcycles, and mopeds as specified in Points c and d, Clause 2, Article 36 of the Law on Road Traffic Order and Safety 2024.
2. The Minister of Public Security shall decide on the quantity of vehicle license plates to be auctioned in each auction session. This includes license plates from provinces and centrally affiliated cities available in the Vehicle Registration and Management System of the Ministry of Public Security. The Minister may also allocate additional license plates to police departments in provinces and centrally affiliated cities when the available license plates are exhausted before the next auction session.
Article 6. Starting price for a vehicle license plate for auction
1. The starting price for an automobile license plate auction is 40 million VND, with an increase of 5 million VND every three years starting from January 1, 2025.
2. The starting price for a motorcycle or moped license plate for auction is 5 million VND, with an increase of 1 million VND every three years starting from January 1, 2025.
3. The starting price for a re-auction of license plates with the formats AAAAA (A > 4) or ABCDE (A < B < C < D < E, A > 4) after the second auction is 500 million VND for automobile license plates and 50 million VND for motorcycle or moped license plates.
Article 7. Deposit and bid increment
1. The deposit is equal to the starting price of the license plate for auction. Deposits must be paid into a separate payment account opened by the asset auction organization at a bank, from the date of auction announcement until two days before the auction starts. If the bidder wins the auction, the deposit will be transferred to the Ministry of Public Security’s collection account to be remitted to the state budget as prescribed.
2. The bid increment for automobile license plates is 5 million VND, and for motorcycle or moped license plates is 500 thousand VND.
Article 8. Application fee and handling of application fee proceeds
1. The application fee for participating in the auction is 100 thousand VND per automobile license plate and 50 thousand VND per motorcycle or moped license plate.
2. The asset auction organization is responsible for collecting, managing, and using the application fee in accordance with Clause 3, Article 66, and Point d, Clause 2, Article 78 of the Law on Property Auction 2016 (as amended in 2024).
Chapter II
PROCEDURES FOR VEHICLE LICENSE PLATE AUCTION
Article 9. Selection of asset auction organizations
1. The Ministry of Public Security shall select an asset auction organization with an online auction platform that ensures cybersecurity and safety when connecting to the Vehicle License Plate Auction Management System to conduct vehicle license plate auctions.
2. The conditions for selecting an asset auction organization to conduct vehicle license plate auctions are based on the criteria, evaluation, and scoring of the asset auction organization, as well as the technical requirements of the online auction platform specified in Appendix I and Appendix II issued with this Decree.
3. The announcement of the selection process and the results of the selected asset auction organization shall comply with the forms provided in Appendix III and Appendix IV issued with this Decree.
4. The procedure for selecting an asset auction organization includes the following steps:
a) Announce the selection of an asset auction organization on the National Property Auction Portal and the Ministry of Public Security’s e-Portal;
b) Establish an Advisory Team to review applications for the selection of an asset auction organization, comprising relevant specialized units under the Ministry of Public Security;
c) Conduct the selection process and announce the results of the selected asset auction organization on the National Property Auction Portal and the Ministry of Public Security’s e-Portal.
5. The Ministry of Public Security shall re-select an asset auction organization in cases where the previously selected organization ceases operations, fails to meet the standards or conditions to conduct vehicle license plate auctions, or if the contract is terminated as prescribed by law.
Article 10. Auction service contract, auction service fees, and auction costs payable to the asset auction organization
1. Auction service contract for vehicle license plates
The Ministry of Public Security shall sign an auction service contract for vehicle license plate with the asset auction organization to conduct the vehicle license plate auctions. The contract must be in written form and comply with the provisions of civil law and the Law on Property Auction.
2. Auction service fees and auction costs payable to the asset auction organization:
a) For each successfully auctioned license plate, the auction service fee payable to the asset auction organization is calculated at 8% of the starting price stipulated in Clauses 1 and 2, Article 6 of this Decree, excluding value-added tax (VAT) and auction costs;
b) The auction cost payable to the asset auction organization is 10,000 VND per automobile license plate and 2,000 VND per motorcycle or moped license plate put up for auction.
Article 11. Auction organization plan
1. The Minister of Public Security shall approve the auction organization plan for each auction session.
2. The auction organization plan shall include the following key contents:
a) List of vehicle license plates for auction;
b) Starting prices, bid increments, and deposit amounts;
c) Auction form and method;
d) Auction schedule;
dd) Other related details.
3. The auction organization plan must be publicly announced on the Ministry of Public Security’s e-Portal and the e-Portal of the Traffic Police Department, with links to the online auction platform of the asset auction organization, within 5 working days from the date of approval.
Article 12. Auction rules
Based on the auction organization plan, the asset auction organization shall issue the auction rules, including the following contents: List of vehicle license plates for auction; auction schedule; starting prices and bid increments; payment account for deposits to participate in the auction; procedures for participating in the auction.
Article 13. Listing and public notification of asset auctions
1. The Ministry of Public Security shall provide the list of vehicle license plates for auction to the asset auction organization and publicly announce the vehicle license plate auction organization plan on the Ministry’s e-Portal and the Traffic Police Department’s e-Portal, with links to the online auction platform of the asset auction organization.
2. The asset auction organization shall publicly announce the auction organization plan and the list of vehicle license plates for auction on the National Property Auction Portal or its online auction platform and post it at its headquarters. The auction rules shall be posted and publicly announced on the online auction platform and at the headquarters of the asset auction organization.
3. The announcement and posting of the auction rules and the list of vehicle license plates for auction must occur at least 30 days before the auction session.
4. The asset auction organization shall publicly disclose the number of participants registered for each license plate being listed for auction.
Article 14. Steps in conducting a vehicle license plate auction
1. Registration for participation in the auction
a) Registration for participation in the auction is conducted entirely online through the online auction platform of the asset auction organization. Bidders register and submit their auction applications via the online auction platform and are responsible for the accuracy and truthfulness of the information provided during registration.
b) Bidders are issued an account, provided with instructions on how to use the account, how to place bids, and other relevant information on the online auction platform;
c) Bidders may select any vehicle license plate of their choice from the list of license plates available for auction nationwide, including all provinces and centrally affiliated cities;
d) Bidders shall pay the application fee and deposit for the selected vehicle license plate into the account of the asset auction organization as prescribed in Clause 1, Article 7, and Clause 1, Article 8 of this Decree. Upon payment, participants are issued a bidding code for the respective vehicle license plate auction;
dd) The asset auction organization shall sell and accept auction applications from the date of auction announcement until two days before the auction begins.
2. Bidders shall access the online auction platform using their accounts and conduct the auction procedures in accordance with the Auction rules.
3. At the conclusion of the online auction, the online auction platform identifies the successful bidder, announces the auction results, displays the auction record for the successful bidder to confirm, and sends a notification to the email address registered by the participant with the asset auction organization.
4. If, by the end of the registration period, only one person has registered for the auction, that person is deemed the successful bidder for the vehicle license plate. The successful bidder will receive a notification and the auction record for the vehicle license plate prior to the scheduled auction time.
5. The asset auction organization is responsible for reviewing applications, verifying the information of bidders, assigning an auctioneer to conduct the online auction on the online auction platform, and digitally signing the auction record to send it to the successful bidder.
6. The Ministry of Public Security oversees the auction process, auction results, digitally signs the auction record, and performs other related tasks.
Article 15. Suspension of the auction, disqualification from participation, and handling of arising situations
1. The asset auction organization and the auctioneer must suspend the auction in the following cases:
a) The Ministry of Public Security requests the auction organization to suspend the auction if there are grounds to believe that the auction organization or auctioneer has committed violations of professional ethical standards or other provisions of the Auction rules;
b) Force majeure events.
2. The Ministry of Public Security shall decide to re-organize the auction after all conditions for conducting the auction as specified in Clause 2, Article 9 of this Decree and other relevant laws are met.
3. Cases of disqualification from participation in the auction:
a) Providing false information or documents or using forged papers to register for or participate in the auction;
b) Colluding with the auctioneer, auction organization, asset holder, other bidders, or third parties to suppress prices or distort auction results;
c) Obstructing the auction process, using software to interfere with the auction or its results, or disrupting the auction;
d) Threatening or coercing auctioneers or other participants to manipulate auction results;
dd) Other prohibited acts as stipulated by law.
4. In cases of violations specified in Clause 3 of this Article, the asset auction organization shall report to the Ministry of Public Security to suspend recognition or annul the auction results and refer the case to the competent authority for handling in accordance with the law.
Article 16. Announcement and submission of auction results
1. Within one working day from the conclusion of the auction, the asset auction organization must publicly announce the vehicle license plate auction results on the online auction platform.
2. Within three working days from the conclusion of the auction, the asset auction organization must submit the auction results, auction records, and the list of successful bidders in electronic form and transfer the deposit amounts to the Ministry of Public Security for approval of the auction results and completion of related procedures.
Article 17. Approval of auction results
Within seven working days from receiving the auction results, auction records, and the list of successful bidders in electronic form from the asset auction organization, the Ministry of Public Security shall issue a Decision approving the auction results.
Article 18. Notification of auction results
1. Within seven working days after approving the auction results, the Ministry of Public Security shall send an electronic Notification of Vehicle License Plate Auction Results to the email address and a text message to the registered phone number of the successful bidder. The electronic Notification of Auction Results serves as a substitute for an auction property sale contract or a public asset sale contract.
2. The Notification of Auction Results includes: The auctioned vehicle license plate; the name and identification code of the individual or organization (if the organization has not been assigned an identification code, the tax code or establishment decision number shall be used); the address of the successful bidder; auction winning price, the payable amount; the specialized collection account number opened by the Ministry of Public Security at a bank or foreign bank branch for payment; the deadline for payment; terms for canceling the auction results if the full payment is not made as required.
Article 19. Payment of the auction proceeds
Within 30 days from the date of the electronic Notification of Auction Results, the successful bidder must pay the full auction proceeds, minus the deposit, into the specialized collection account of the Ministry of Public Security opened at a bank or foreign bank branch. The auction proceeds does not include vehicle registration fees.
Article 20. Issuance of the Decision confirming the auctioned vehicle license plate
Immediately after receiving the full auction payment, the Ministry of Public Security shall issue an electronic invoice for the sale of public assets and an electronic Decision confirming the auctioned vehicle license plate. These documents shall be sent to the successful bidder's email address for use in vehicle registration procedures.
Article 21. Cancellation of auction results
1. Vehicle license plate auction results shall be canceled in the following cases:
a) The successful bidder or the asset auction organization submits a request and obtains written approval from the Ministry of Public Security.
b) The auction service contract, Notification of Auction Results, or Decision confirming the auctioned vehicle license plate is declared invalid by a court, provided the invalidation is not due to the successful bidder’s violation of civil law.
c) The successful bidder passes away within 30 days from the date of the Notification of Auction Results but has not yet been issued the Decision confirming the auctioned vehicle license plate.
d) The successful bidder passes away within 12 months from the date of issuance of the Decision confirming the auctioned vehicle license plate, or within the extended registration period approved by the Ministry of Public Security, but has not completed the vehicle registration procedures;
dd) The successful bidder fails to pay or fails to fully pay the auction proceeds within the time specified in Article 19 of this Decree. The Ministry of Public Security shall send an electronic notice barring the individual from participating in auctions for 12 months from the date of the Notification of Auction Results, as specified in Point a, Clause 2, Article 38 of the Law on Road Traffic Order and Safety 2024;
e) The successful bidder fails to complete the registration procedures for the auctioned license plate as specified in Point b, Clause 2, Article 38 of the Law on Road Traffic Order and Safety 2024.
g) The successful bidder is disqualified from auction participation as specified in Clause 3, Article 15 of this Decree.
2. If the successful bidder does not confirm the auction record, the Ministry of Public Security shall not issue a Notification of Auction Results in this case.
3. The auctioned license plate shall either be re-auctioned or returned to the Vehicle Registration and Management System. Deposits and any auction payments already made by the successful bidder shall not be refunded but shall instead be transferred to the state budget, except in the cases specified in Points a, b, c, and d of Clause 1 of this Article.
Article 22. Management of auctioned vehicle license plates
1. Auctioned vehicle license plates shall only be issued to the successful bidder, except in cases specified in Point c, Clause 1, Article 38 of the Law on Road Traffic Order and Safety 2024.
2. The procedures for registering auctioned vehicle license plates shall comply with the legal regulations on vehicle registration.
Article 23. Extension of vehicle registration deadlines in cases of force majeure or objective obstacles
1. In cases of force majeure or objective obstacles where the successful bidder has not completed the vehicle registration procedures to attach the auctioned license plate, the successful bidder must submit a Request for Extension of the Vehicle Registration Deadline (using Form No. 01 issued with this Decree) via the Vehicle License Plate Auction Management System of the Ministry of Public Security and provide supporting documents (originals) to the Ministry of Public Security through the Traffic Police Department for review and resolution.
2. The Ministry of Public Security shall review and process the request and notify the successful bidder of the extension result in electronic form.
3. The extension period shall not exceed six months as specified in Point b, Clause 2, Article 38 of the Law on Road Traffic Order and Safety 2024.
Chapter III
COLLECTION, SUBMISSION, HANDLING OF DEPOSITS, AND REFUND OF AUCTION PROCEEDS
Article 24. Collection and payment of auction proceeds and expenditures for auction activities before remitting to the state budget
1. The Ministry of Public Security shall open a specialized collection account at banks or foreign bank branches to collect auction proceeds.
2. Expenditures for auction activities before remitting to the state budget include:
a) Costs for organizing the auction (auction service fees, auction costs paid to the asset auction organization as prescribed in Clause 2, Article 10 of this Decree, messaging costs, invoice costs, inquiry handling costs during the auction process, and other legitimate expenses);
b) Advertising costs;
c) Administrative costs for the Vehicle License Plate Auction Management System.
3. Proceeds from vehicle license plate auctions, after deducting expenditures for auction activities (hereinafter referred to as auction proceeds) and any interest accrued on the balance of the Ministry of Public Security’s specialized collection account, shall be declared, submitted, and settled with the tax authority. The tax authority shall manage the declaration, submission, and settlement of this revenue in accordance with the law on tax administration.
a) By the 20th of each month at the latest, the Ministry of Public Security (or the agency assigned by the Ministry to manage the collection and submission of auction proceeds) shall declare and submit the auction proceeds collected in the previous month to the tax authority (using Form No. 02 issued with this Decree). The Ministry (or the assigned agency) shall perform an annual settlement of auction proceeds (using Form No. 03 issued with this Decree) in accordance with the law on tax administration;
b) All auction proceeds shall be remitted to the central government budget.
c) Any interest accrued on the balance of the Ministry of Public Security’s specialized collection account at banks or foreign bank branches shall also be fully remitted to the central government budget along with the auction proceeds collected in the same month.
Article 25. Handling of deposits
1. In cases where bidders fail to comply with payment regulations as stipulated in Clause 1, Article 14 of this Decree, resulting in ineligibility to participate in the auction, the asset auction organization shall refund the payment within three working days from the date of receipt of a complete application, including the original refund request and proof of transaction provided by the bidder.
2. If the auction cannot be held as stipulated in Clause 1, Article 15 of this Decree, bidders shall be refunded both the application fee and the deposit within three working days from the date the auction is canceled.
3. Bidders who do not win the auction or who are not subject to forfeiture of the deposit shall have their deposits refunded within three working days from the conclusion of the auction.
4. Cases where deposits will not be refunded: Participants eligible to join the vehicle license plate auction but fail to log in using their issued account and access the auction room during the official auction time are deemed not to have participated in the auction, except in cases of force majeure as stipulated by law; participants disqualified from the auction due to acts specified in Clause 3, Article 15 of this Decree; successful bidders who fail to confirm the auction record within the time specified in the Auction rules.
Article 26. Refund of auction proceeds
1. The full auction proceed shall be refunded in cases where the auction results are canceled as specified in Points a, b, c, and d, Clause 1, Article 21 of this Decree.
2. The successful bidder, estate administrator, testamentary heir, or legal heir of the successful bidder shall submit a refund application in accordance with Appendix V issued with this Decree.
3. Upon receiving the complete refund application, the Ministry of Public Security is responsible for verifying and processing the refund as follows:
a) For refunds made before the funds are remitted to the state budget: The refund will be processed from the specialized collection account of the Ministry of Public Security opened at a bank or foreign bank branch;
b) For refunds made after the funds have been remitted to the state budget: The Ministry of Public Security shall verify the refund application against the documents evidencing payment to the state budget. If verified, the Ministry shall issue a refund decision and send it to the tax authority to create a refund order for the state budget revenue, which will be forwarded to the State Treasury where the funds were initially deposited for processing the refund to the payer;
c) If the application is invalid, the Ministry of Public Security shall notify the successful bidder, estate administrator, testamentary heir, or legal heir of the successful bidder.
Chapter IV
IMPLEMENTATION
Article 27. Entry into force
1. This Decree comes into force as of January 1, 2025.
2. Decree No. 39/2023/ND-CP dated June 26, 2023, of the Government on elaboration of Resolution No. 73/2022/QH15 dated November 15, 2022, of the National Assembly on the pilot program for auctioning automobile license plates, shall cease to be effective as of the effective date of this Decree, except as specified in Article 28 of this Decree.
Article 28. Transitional provisions
Auctions of automobile license plates conducted before the effective date of this Decree and for which a Decision confirming the auctioned license plate has been issued shall continue to follow the provisions of Decree No. 39/2023/ND-CP dated June 26, 2023, of the Government on elaboration of Resolution No. 73/2022/QH15 dated November 15, 2022, of the National Assembly on the pilot program for auctioning automobile license plates. In cases where the Decision confirming the auctioned license plate has not yet been issued, the process shall continue to follow the provisions of Decree No. 39/2023/ND-CP dated June 26, 2023, and Point d, Clause 1, Article 38 of the Law on Road Traffic Order and Safety 2024.
Article 29. Implementation
The Ministry of Public Security shall lead and coordinate with relevant ministries and agencies to implement this Decree, assigning functional units to oversee and ensure security and safety throughout the vehicle license plate auction process.
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