A motorbike power of attorney is the actual way many people call a power of attorney to exercise one or more of the motorcycle owners’ rights: possess, use and dispose of the vehicle according to a specific agreement in the power of attorney, according to the time limit agreed by the parties (if any). So about the matter “Can a motorcycle power of attorney be transferred in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
What is a motorcycle power of attorney?
Motorcycles are one of the main means of transport in Vietnam today. The number of motorbikes in circulation is very large. However, for many different reasons, the subject can authorize a motorbike to another person. When the authorization has been performed, the subjects wonder if the power of attorney for motorbikes can be transferred? To assist readers in answering the article’s problem, please provide the content to answer the above content for interested readers to have the answer.
Can a motorcycle power of attorney be transferred in Vietnam?
Currently, the law does not stipulate the power of attorney, but only the authorization contract, specifically according to article 562 of the Civil Code 2015, an authorization contract is an agreement between the parties, whereby the authorized party the authorizing party is obliged to perform work on behalf of the authorizing party, the authorizing party only has to pay remuneration if so agreed or provided for by law.
A power of attorney can be understood as a specific form of an authorization contract – a written authorization contract.
A motorbike power of attorney is the actual way many people call a power of attorney to exercise one or more of the motorcycle owners’ rights: possess, use, and dispose of the vehicle according to a specific agreement in the power of attorney, according to the time limit agreed by the parties (if any).
Authorization contract regulations
Pursuant to Article 565 of the 2015 Civil Code, there are provisions on the rights of the authorized party as follows:
1. To perform the act in accordance with the authorization and inform the principal of such performance.
2. To notify any third parties involved in the performance of the authorized act of the duration and scope of the authorization and of any amendments of or additions to such scope.
3. To take care of and preserve documents and facilities provided for the performance of the authorized act.
4. To keep information confidential which the attorney comes to know during the performance of the authorized act.
5. To return to the principal any property received and benefits derived during the performance of the authorized act as agreed or as provided by law.
6. To compensate for loss and damage caused by a breach of any of the obligations provided in this article.
Accordingly, the authorized property will not change the owner but the authorized person only temporarily manages to use the property on behalf of the owner for a certain period agreed upon by the parties.
Transfer the vehicle name according to the power of attorney
In essence, the authorization contract only manages and uses the car on behalf of the car owner, the car is still owned by the old car owner, so about the problem of transferring the car name when only the authorization to use the car is available. It is not possible because only the owner of the vehicle has the right to transfer the name of the vehicle. In case you want to own the car, you have to make a contract to buy and sell the car.
In the above case, the power of attorney clearly states that “the authorized party only owns the vehicle when the registration procedure has been completed”. Accordingly, the power of attorney does not allow the authorized person to sell the machine, but only to use and own the vehicle when the registration procedure has been completed. When the authorized person has not completed the registration procedure to transfer the vehicle title, the car is still owned by the previous owner, so you cannot sell this car to another person.
Thus, in order to transfer the vehicle name according to the power of attorney, the power of attorney must contain the content of ownership authorization for the authorized person and the authorized person will have to carry out the procedures for transferring the name within the authorization period to change the owner. ownership of the vehicle.
In your case, the power of attorney states that the authorized party only owns the car when the registration has been completed, so to sell this car to someone else you must be the owner of the vehicle or authorized by the owner of the vehicle to sell the vehicle to another person.
Procedures for transferring a motorbike according to current legal
Procedures for transferring a motorbike according to current legal documents normally include the following steps:
Step 1: Make a notarized or authenticated motorcycle purchase and sale contract
Step 2: Declare the registration fee at the competent Tax Department and pay the registration fee according to the notice from the tax department
Note: Within 7 days from the date of making the papers to transfer vehicle ownership to organizations or individuals:
+ Transferring the name to an organization or individual from another province or centrally run city (hereinafter referred to as changing the name to another province): The vehicle owner directly or authorizes the individual or service organization to submit the registration certificate of vehicles and license plates to the vehicle registry;
+ Transfering the name to an organization or individual in the same province or centrally run city (hereinafter abbreviated as the name transfer of the same province): The vehicle owner directly or authorizes the individual or service organization to submit the certificate vehicle registration to the vehicle registry; In case an organization or individual that buys, is transferred, gives, donates, is allocated or inherits, carries out the procedures for transferring the name immediately, it is not required to carry out the procedures for revocation of the vehicle registration certificate.
Accordingly, in order to circulate vehicles while waiting for registration, temporary registration is required.
Step 3: Register the vehicle at a competent police agency:
The person making the registration shall prepare the dossier including:
+ Vehicle registration certificate according to the prescribed form;
+ Papers of the vehicle: Papers on the vehicle’s origin; papers on transfer of vehicle ownership, papers on registration fees;
+ Documents of the vehicle owner: identity card, citizen identification, etc., depending on the specific vehicle owner.
Step 4: Click to select the number plate, receive an appointment slip to return the vehicle registration result from the officer performing the procedures.
Step 5: Receive vehicle registration by mail or in person according to previous registration.
According to Circular No. 58/2020/TT-BCA, Vehicles that have transferred ownership rights through many people but lack or do not have ownership transfer papers will be registered and renamed according to the provisions of Article 19 of this Circular to ends on December 31, 2021. You need to pay attention to perform this procedure before the expiration date to avoid risks in the process of participating in traffic by means of an unregistered vehicle.
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Frequently asked questions
To carry out the procedure for transferring the name of a motorbike, first of all, both parties need to carry out procedures for buying and selling motorbikes, both the seller and the buyer need to prepare a number of documents:
Seller prepares:
– Original vehicle papers;
– Original ID card/Citizen identity card;
– Certificate of marital status if single; Marriage certificate if married;
If it is not possible to conduct the car purchase and sale by himself, the seller can authorize another person to do so instead with a notarized authorization contract.
Buyer prepares:
– Original ID/Citizen ID card.
– Valid only for the period specified in the contract.
– Party B will not be allowed to carry out the procedure to change the name of the car to its own name. At that time, B has to do
the contract of authorizing (or selling) the car to C, then C sells the car back to B (note that you, not
if C re-authorizes B, it will be the same as the original), then B can name the car.
– Still holding the “parrot” car in the name of the old owner, that is, not the “original car”.
– Original contract only 3 copies. Party A, Party B and the notary office keep 1 copy each, Party A or
B that you lose is considered a waste, having to re-extract is very time consuming.
When there is a request to stop the vehicle and present the motorbike document, here are the types of documents you need to prepare:
Identity card/citizen identity card
Not only in the case of moving by motorbike, you need to always carry this document with you when you go out. Because the identity card, also known as the identity card, is an important document used to establish the identity of each citizen of our country.
Currently, it proves that people are gradually being replaced by citizen identification. So you can bring your ID card. In addition, similar types of identification documents can also be repaired or replaced. Such as passports, resumes, … or any documents with photos and personal information issued by the competent authority. And you only need to present 1 of the above types.
Motorcycle registration certificate
Motorcycle registration certificate is an important and especially important document to carry when you participate in transportation by motorbike. This type of paper is used to prove the right to own the car, avoiding the use of fraudulent vehicles, stolen cars. In some cases, if you buy someone else’s car and haven’t transferred it to the owner’s name, you need to bring along the motorcycle purchase and sale / transfer authorization contract with the old owner’s motorbike registration certificate.
Note, the vehicle registration certificate must be the original. All photocopies of documents (even if notarized) are not valid, according to Article 3 of Decree 23/2015/ND-CP.
In addition, there is another case where the car owner buys a car on installments. At this time, you need to present the documents that the state bank distributes to prove the entertainment activities to buy on installments. And they must all be original, you need to pay attention to this.
Motorcycle registration certificate (also known as Ca-vet) is an important document according to the vehicle
Driving license
What does a motorcycle license include? There is certainly no shortage of driver’s license. Whether traveling by motorbike, car or any other means of transport, you need to carry a driving license (also known as a driver’s license). This type of document is used to prove that you have the required qualifications, driving ability and are legally authorized to drive and fine-tune your vehicle.
Driver’s license is a document that should continue to be carried when participating in transportation
Insurance paper for obligations and civil liability of motorbike owners
Conclusion: So the above is Can a motorcycle power of attorney be transferred in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
