When mortgaging property, people must comply with the law. The pledge of property is specified in the Civil Code and other relevant legal documents. So about the matter “Is it allowed to hold a car without an owner in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Circular No. 58/2020/TT-BCA;
- Penal Code 2015 amended and supplemented in 2017;
- Civil Code 2015.
Cases of fraudulent car, fraudulent car
Vehicles that are not owned by the owner are fake cars or fraudulent cars, then these objects fake vehicle records (or say this car is the owner but the papers are not in my name) to continue fraudulently taking away at pawn shops.
In this case, the provisions on pledge are clearly stated in Article 309 of the 2015 Civil Code which provides for the pledge of property: “Pledge of property is the handover of property by a party (hereinafter referred to as the pledgee) under its ownership to the other party (hereinafter referred to as the pledgee) to secure the performance of obligations”.
Therefore, if the property is an unauthorized vehicle (here is a fraudulent vehicle, a fraudulent vehicle) that is not under his/her ownership, then any individual or organization has no right to buy/sell or mortgage that property.
In case the vehicle is not authorized by the owner
In case the vehicle is not owned by the owner but has a legal authorization from the owner, or has a valid notarized purchase and sale document, in this case the pawnshop can accept this property as a pledge. .
Because also according to the provisions of Article 311 of the 2015 Civil Code, Section 2 stipulates the obligations of the pledgee:
“2. Notify the pledgee of the rights of a third party to the pledged property, if any; in case of failure to notify, the pledgee has the right to cancel the contract of pledge of property and demand compensation for damage or maintain the contract and accept the rights of a third party to the pledged property.”
Therefore, if there is a notice between the borrower and the mortgagee about the legal situation of the property, the ownership of the 3rd party (the vehicle owner), there are valid proofs such as: buying and selling into a notarized name, a notarized power of attorney, etc., the pawnshop is allowed to accept this property as a pledge.
What is the crime of bringing a car without the owner’s permission?
If the borrower brings a car that is not under his/her ownership as mentioned in the case of a fraudulent vehicle, a fraudulent vehicle, etc., deliberately conceals it and takes it as a pledge at a pawn shop, he may be charged with fraud. Island appropriation of property under the provisions of Article 174 of the Penal Code 2015 (Added in the Penal Code Amended and supplemented in 2017) as follows:
1. Those who, by deceitful tricks, appropriate other people’s property valued from VND 2,000,000 to under VND 50,000,000 or under VND 2,000,000 but fall into one of the following circumstances, shall be subject to a rehabilitation fine. non-custodial up to 03 years or imprisonment from 06 months to 03 years:
a) They have been administratively sanctioned for the act of appropriating property but continue to commit them;
b) Having been convicted of this crime or of one of the crimes specified in Articles 168, 169, 170, 171, 172, 173, 175 and 290 of this Code, not yet entitled to criminal record remission but continue to commit them;
c) Causing adverse effects on social security, order and safety;
d) Property is the main means of livelihood of the victim and their family; property means memorabilia, relics or worshiping objects of special spiritual value to the victim.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 02 and 07 years of imprisonment:
a) Organized;
b) Being of a professional nature;
c) Appropriating property valued between VND 50,000,000 and under VND 200,000,000;
d) Dangerous recidivism;
dd) Abusing positions and powers or taking advantage of the name of agencies or organizations;
e) Using cunning tricks;
g) Appropriating property valued between VND 2,000,000 and under VND 50,000,000 but falls into one of the cases specified at Points a, b, c and d, Clause 1 of this Article
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:
a) Appropriating property valued between VND 200,000,000 and under VND 500,000,000;
b) Appropriating property valued between VND 50,000,000 and under VND 200,000,000 but falls into one of the cases specified at Points a, b, c and d, Clause 1 of this Article;
c) Taking advantage of natural disasters and epidemics.
4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 12 and 20 years of imprisonment or life imprisonment:
a) Appropriating property valued at VND 500,000,000 or more;
b) Appropriating property valued between VND 200,000,000 and under VND 500,000,000 but falls into one of the cases specified at Points a, b, c and d, Clause 1 of this Article;
c) Taking advantage of the situation of war or state of emergency.
5. The offenders may also be subject to a fine of between VND 10,000,000 and 100,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years, or having part or all of part confiscated. set of assets”.
Thus, the owner of the car without the owner can be fined up to 100,000,000 million VND, and be imprisoned for life if he deliberately brings a fraudulent car that is pledged or sold.
Punishment for illegal driving
The fines for each type of vehicle are as follows:
• For individuals operating motorcycles, mopeds or similar vehicles such as mopeds and mopeds: A fine ranging from VND 400,000 to VND 600,000.
• For organizations operating motorcycles, mopeds and similar vehicles: A fine of from VND 800,000 to VND 1,200,000.
• For individuals operating cars, tractors or similar vehicles: Fine from 2,000,000 VND to 4,000,000 VND.
• For organizations operating cars, tractors and similar vehicles: A fine of from VND 4,000,000 to VND 8,000,000.
Is it allowed to hold a car without an owner in Vietnam?
Pursuant to Clause 1, Article 292 of the Civil Code issued in 2015, there are clear provisions on mortgage of property. It is one of nine measures to ensure the performance of citizens’ obligations.
According to Article 309 of the Civil Code, it stipulates that the pledge of property is when one party (also known as the pledgee) hands over the property under his/her ownership to the other party (also known as the mortgagee). pledge) to secure the performance of an obligation.
The pledge of property can only be done when the pledgee hands over the property under his/her ownership to the pledgee. However, in case you pledge the car to a pawn shop, which is the property of the owner (without vehicle papers). Therefore, pledging a car without the owner is a violation of the law. If the owner of the property pawn shop agrees to accept the car without any papers, it also means that he has violated the provisions of the law.
The vehicle registrant has a basis to reclaim the property in the event that the non-owner pledges his or her vehicle. It complies with the provisions of Article 166 of the Civil Code 2015. The owner or subject of the property (here the vehicle) has the right to reclaim the property from the possessor or user of the property. Meanwhile, those who benefit from property will have no legal basis. If you are the owner of a car that is being mortgaged by someone other than the owner, immediately bring the Vehicle Registration Certificate to prove ownership of the vehicle and present it to the local competent authority. . The police agency will investigate and take back the car that was pledged to you by another person.
For those who are not the owner but bring the car as a pawn, there are signs of the crime of abusing trust for the purpose of appropriating property. This subject will be examined for penal liability according to the provisions of Article 175 of the Penal Code 2015 amended and supplemented in 2017 and may be subject to an administrative fine of from VND 4,000,000 to VND 50,000,000 or imprisonment depending on the situation of crime level.
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Please see more
- Is a tree falling on a car insured in Vietnam?
- Mortgages on property according to Vietnam legal regulations
- Cases of not being able to mortgage land use rights in Vietnam
Frequently asked questions
Specifically, if the parties have previously reached an agreement, when buying and selling a car at a pawn shop, the buyer is required to ask the pawnshop owner to present documents proving that the agreement is allowed to sell the pledged property.
And according to point a, clause 1, Article 10 of Circular 582020/TT-BCA, one of the required documents when registering a vehicle is a vehicle ownership transfer document, which can include invoices, receipts, and vouchers. receipts, car sales documents.
In particular, the purchase and sale documents must be notarized or authenticated. Therefore, after buying a car from a pawn shop, the parties must either have a car purchase receipt accompanied by an agreement that the pawnshop owner can sell the car with the car owner or a car sales contract with the car owner (or the owner of the car shop). pawn along with an agreement on the car owner’s consent to sell the pledged car).
Mortgage of car is one of the security measures for the performance of obligations. According to Article 309 of the 2015 Civil Code, a pledge of property is defined as follows:
A pledge of property means the handover of property under its ownership by one party (hereinafter referred to as the pledgee) to the other party (hereinafter referred to as the pledgee) to secure the performance of an obligation.
In particular, Clause 2, Article 313 of this 2015 Civil Code affirms:
Article 313. Obligations of the pledgee
Not to sell, exchange, donate or use the pledged property to secure the performance of other obligations.
Thus, it can be seen that a pledge is just a form of “holding” another person’s property to perform obligations between the pledgee and the pledgee and in normal cases, the mortgage shop will not sold mortgaged property.
The Penal Code provides as follows:
“1. Those who do not promise in advance but harbor; consuming property that is clearly known to have been obtained by another person; shall be fined from VND 5,000,000 to VND 50,000,000; non-custodial reform for up to three years or imprisonment for between six months and three years.
Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and seven years of imprisonment:
a) Organized;
b) Be of a professional nature;
c) Assets, illegal objects of great value;
d) Gaining large illicit profits;
d) Dangerous recidivism.
Committing the crime in one of the following cases; shall be sentenced to between five and ten years of imprisonment:
a) The property and objects involved in the crime are of great value;
b) Huge illicit profits.
Committing the crime in one of the following cases; shall be sentenced to between seven and fifteen years of imprisonment:
a) Property, illegal objects of particularly great value;
b) Extremely large illicit profits.
The offenders may also be subject to a fine of between three million dong and thirty million dong; confiscation of part or all of the property or either of these penalties.”
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