Buying a car that is not in the owner’s name can be revoked in Vietnam?
Please let me ask, if I do not carry out the procedures for transferring my motorbike to my name, will my car be confiscated or not? How is the procedure to change the name of a motorbike? Looking for a lawyer to advise me. Thank you Lawyer. LSX Lawfirm will give you an article about this question: “Buying a car that is not in the owner’s name can be revoked in Vietnam?”, as follows:
Legal grounds
Circular 15/2014/TT-BCA on vehicle registration issued by the Minister of Public Security
Regulations on procedures for transferring motorbike names in Vietnam
Firstly, based on the provisions of Clause 3, Article 6, Circular 15/2014/TT-BCA on vehicle registration promulgated by the Minister of Public Security, has the following provisions:
Article 6. Responsibilities of vehicle owners
Strictly abide by the provisions of the law on vehicle registration; have vehicle records according to regulations and take responsibility before law for the vehicle’s legality and vehicle registration documents; take the car to the vehicle registration agency to check and pay the registration fee and license plate number according to regulations.
In case the vehicle owner assigned by the previous vehicle registration agency to manage part of the vehicle file; when carrying out the procedures for granting or exchanging the vehicle registration certificate and license plate; change name, move vehicle; revoke the certificate of registration, license plate of the vehicle must re-submit that part of the application.As soon as there is a decision to transfer, sell, give or donate a vehicle; the vehicle owner must notify in writing using form No. 01 issued together with this Circular to the agency that has issued the vehicle registration certificate for follow-up purposes. track. In case the vehicle owner fails to notify, he/she will continue to be responsible before the law for that vehicle until the organization or individual that buys; transfers; gives or donates the vehicle completes procedures for registration of title transfer or vehicle relocation.
So, within 30 days from the date of making the document on vehicle ownership transfer; the organization or individual that buys, transfers; gives or donates a vehicle must go to the vehicle registration office to carry out the procedures for registration of title transfer. move the car.
All acts of forging records, erasing engine numbers and chassis numbers strictly prohibited for vehicle registration.
Penalties for not carrying out procedures for car title transfer in Vietnam
According to Circular 15/2014/TT-BCA, Clause 3, Article 6 stipulates:
So, within 30 days from the date of making the document on vehicle ownership transfer; the organization or individual that buys, transfers; gives or donates a vehicle must go to the vehicle registration office to carry out the procedures for registration of title transfer, relocation. car transfer”.
According to Clause 7, Article 30 of Decree 100/2019/ND-CP; regulations on sanctioning and sanctioning for acts of not changing names or changing car owners are as follows:
- A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on individuals, from VND 4,000,000 to VND 8,000,000 on organizations that are owners of cars, tractors; special-use motorcycles and similar vehicles. committing one of the following violations by themselves:
- Failing to carry out the procedures for registration of vehicle title transfer; (to transfer the vehicle owner’s name in the vehicle registration certificate to his/her own name); according to regulations when purchasing, being given; given as a gift, allocated, transferred; or inherited property means cars, tractors, special-use motorcycles, and vehicles similar to cars.”
- Thus, according to this regulation, if after 30 days; you still have not carried out the procedures to transfer the vehicle’s name, you will be fined from 2 million VND to 4 million VND.
In addition
Note that, according to the law, police officers and soldiers in patrol and control do not allow to stop the vehicle to check for violations; and do not carry out the procedures to register the vehicle’s name. However, when participating in traffic, the driver of the vehicle; who commits another violation; when checked, considered and dealt with an additional error of not transferring the vehicle’s name to the vehicle owner – the driver will pay a fine instead.
Related article:
Conditions for foreigners to change driving licenses in Vietnam
Procedures for foreigners to test driving license in Vietnam
Procedure to change driver’s license for foreigners in Vietnam
You can also refer to the article related to Prepare documents to change driver’s license of foreigners in Vietnam or Procedure to change driving license for foreign tourists in Vietnam; Procedures for transferring motorbike name in Vietnam.
Related questions
Procedures for changing driver’s licenses for foreigners in Vietnam are specified in the Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Ministry of Transport – Regulations on training and testing. , road motor vehicle driving license. According to the circular in Clause 10, Article 33: “Foreigners or overseas Vietnamese who wish to drive in Vietnam, if they have a national driving license, they must carry out procedures to change to a similar driving license. response of Vietnam.
You need to make 01 set of documents to be submitted directly at the training institution, including:
Photocopies of passports, visas with a stay of more than 3 months.
Application for study and test to issue a driver’s license (made according to the form – distributed at the office)
Health certificate issued by a competent medical facility according to regulations. (check at the office when registering)
4 photos of 3×4 size with blue background.
Format of the test: Foreign students take the test in the same program as the Vietnamese – do the Theory test on the computer (16/20 questions with A1 grade and 18/20 with A2 grade). Practical part on manual or manual cars
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