Many foreigners must become acquainted with the customs and habits of the Vietnamese people since they moved to Vietnam. When they discover that motorbikes are much easier to ride on Vietnamese roads than cars, many foreigners want to purchase one for themselves. However, when they have to come back to their or another country, foreigners often transfer them to other people. In this article, LSX legal firm would like to introduce: “Conditions to receive motorbike from foreigner in Vietnam”
Legal ground
- Circular 58/2020/TT-BCA
Can foreigners buy motorbike in Vietnam?
Under Circular no 58/2020/TT-BCA, the following subjects have the right to buy motor vehicles in Vietnam:
- Foreigners working in diplomatic missions, consular offices, and representative offices of international organizations.
- Foreigners working and studying in Vietnam.
- Enterprises with 100% foreign capital, representative offices, bid winning foreign enterprises in Vietnam, and non-governmental organizations.
Rights of motorbike owners
Right to possess
Article 186. Right to possess of owners (Civil Code 2015)
Where an owner possesses his or her own property, such owner may do all things to keep and manage the property in accordance with his or her wishes provided that it is not contrary to law or social morals to do so.
Possession is understood as the subject holding and controlling the property directly or indirectly as the holder of the right to the property.
Possession includes two cases: possession of the owner and possession of a person not the owner. In the case of possession by a person who is not an owner, it cannot be a basis for establishing ownership rights over the property, unless the property under which ownership is established is derelict property or is an unidentified property owner. In case of ownership by the owner, the owner may perform all acts according to his/her will to hold and control his/her property.
Thus, the owner of a motorbike has the full right to own the motorbike, hold and control the property directly without having to rely on the will of other subjects.
Right to use
Article 189. Right to use (Civil Code 2015)
Right to use means the right to exploit the usage of, and to enjoy the yield and income derived from, property.
Persons having the right to use may transfer the right to use to another person upon an agreement or as prescribed by law.
So, the right to use understood as the right to exploit the utility of the property and enjoy the yields and profits from the property. Persons having the right to use may transfer the right to use to another person by agreement or by law.
The right to use the property of an owner means the use of property according to his or her will but must not cause damage or affect the interests of the country, people, or public interests, the legitimate rights and interests of the of others.
A person (not the owner of the property) may use the property as agreed with the owner or as prescribed by law in Article 194 of the Civil Code.
Right of disposal
Article 192. Right of disposal (Civil Code 2015)
Right of disposal means the right to transfer ownership rights, renounce ownership rights, right to use, or destruct the property.
Disposal of property must be performed by a person with legal capacity in accordance with the law.
Where the law provides formalities and procedures for the disposal of property, the owners must comply with such formalities and procedures.
The right to dispose of the property of the owner means the owner has the right to sell, exchange, give, lend, or inherit, give up the right to own, consume or destroy or exercise other forms of disposition in accordance with the provisions of law.
Property owners exercise the right to dispose of the property in two aspects:
Deciding on the property physically
Dispose of the property physically means to dispose of the actual fate of the property such as the disposal of the property, the annulment, or relinquishment of title to the property. In determining the actual fate of the property, the owner only needs to directly affect the property through his actions.
Deciding on the legal aspect of the property
The disposition of property legally means the act of transferring ownership of the property from one person to another. Normally, the decision on the legal fate of the property must be through transactions in accordance with the will of the owner such as selling, exchanging, giving, lending, or inheriting the property,… through the disposition, the owner can consume or transfer the right of temporary possession (in the depository contract); the right to possess and use the property for a period of time (in a lease or loan contract) or the owner transfers the right to own the property to another person by a contract of sale, exchange, donation…
Conditions for foreigner to transfer a motorbike
As mentioned above, the transfer of ownership of a motorbike means the legal right of the owner to dispose of the property.
In determining the legal fate of the property, the owner must establish a civil legal relationship with another subject. For this form of disposition, the Civil Code stipulates: The person who disposes of property must be a person with civil act capacity. That means, the person must satisfy conditions to act as a subject in Civil transactions.
Registration of vehicle title transfer for vehicle transferred many times
Procedures and documents for name transfer
The person using the vehicle goes to the vehicle registration agency to carry out the procedures for title transfer and presents the documents prescribed by law, clearly stating the purchase and sale process, receive the vehicle legally, commit to the vehicle’s origin, and submit the following documents:
- Certificate of registration, vehicle number plate.
- The vehicle ownership transfer papers of the person named in the vehicle registration certificate and the final seller’s vehicle ownership transfer papers (if any).
Procedures and application for registration of name transfer
The current vehicle user should contact the vehicle registration authority of his/her place of residence, present the documents specified in Article 9 of Circular 58/2020/TT-BCA and submit the following documents:
- Vehicle registration certificate (made according to form No. 01).
- Registration fee documents as prescribed.
- Certificate of revocation of registration, license plate (for different provinces and motorcycles with different registration points).
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Contact LSX
This article contains information about “Conditions to receive motorbike from foreigner in Vietnam” In recent years, we have supplied effective legal advice to businesses and individuals at reasonable prices and with efficient results. We always update and keep our operations and services in line with the law by adhering to legal principles. If you need any further information from the firm’s solicitors, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Frequently asked questions
No more than 7 working days from the date of receipt of complete and valid dossiers.
Similar to lost license plate, it takes no more than 7 working days from the date of receipt of complete and valid dossiers.
The vehicle owner correctly and fully declares the contents of the vehicle registration certificate according to form No. 01 issued together with Circular 58/2020/TT-BCA.
Conclusion: So the above is Conditions to receive motorbike from foreigner in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
