Buying and selling used motorbikes is very simple, it is relatively common, and to carry out the procedure for changing the name of a motorbike, the following article will help people easily change the name of the motorcycle owner right from the first time. . However, there are differences in the trading of motorbikes for foreigners. So about the matter “Procedure for motorbike transfer for foreigners in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Circular 58/2020/TT-BCA
- Decree 140/2016/ND-CP
Conditions for foreigners to own motorbikes in Vietnam
The current Vietnamese law allows foreigners to receive, transfer, donate or inherit property being motorbikes in Vietnam. However, to become a motorbike owner, a foreigner needs to meet one of the following conditions based on Clause 3, Article 9 of Circular 58/2020/TT-BCA dated June 16, 2020:
– Working in diplomatic missions, consular offices, representative offices of international organizations;
– Working and studying in Vietnam for one year or more.
Procedure for motorbike transfer for foreigners in Vietnam
Step 1: Sign the motorbike transfer contract according to the notarization or signature authentication procedure
Pursuant to Point b, Clause 2, Article 8 of Circular 58/2020/TT-BC dated June 16, 2020, one of the necessary documents to carry out the registration procedure for vehicle title transfer is “The certificate of car sale, donation, donation of individuals with notarized or authenticated certifications or certifications by agencies, organizations or units currently working for the armed forces and foreigners working in diplomatic missions, consular offices, representative agency of an international organization that registers the vehicle at the address of the agency, organization or working unit. Therefore, before carrying out the registration procedure for vehicle title transfer, you need to sign a motorbike transfer contract with the Seller at a notary practice organization in accordance with the law on notarization or at the People’s Committees at all levels according to the law on notarization. provisions of the law on authentication of signatures.
At this step, the parties need to prepare the following documents:
Seller:
• Original vehicle papers;
• Original ID card and household registration;
• Marriage certificate if married, or certificate of marital status if unmarried. This eliminates the risk when receiving a motorbike transfer, avoiding the case that the motorbike is the common property of the couple, but only the person named on the Vehicle Registration Certificate agrees to transfer, the other person does not know and does not. agreed to the transaction, leading to civil disputes later.
• Power of attorney in case the Seller authorizes a third party to perform the transaction.
Buyer
• Passport;
• A letter of introduction from the State Protocol Department or the Department of Foreign Affairs and Diplomatic Identity Card or Official ID Card (still valid) in case the Buyer works in diplomatic missions, consular offices, representative offices of international organizations;
• A visa (visa) with a term of one year or more or another valid document in lieu of a visa in case the Buyer is working or studying in Vietnam.
Step 2: Pay the motorbike registration fee
The payment of the registration fee is mandatory in the case of name change or change of owner for the vehicle. Pursuant to Article 4 of Circular 301/2016/TT-BTC dated November 15, 2016, Article 1 of Circular 20/2019/TT-BTC dated April 9, 2019, how to calculate registration fee for old motorbike name as follows:
Registration fee amount (VND) = Value of property for registration fee calculation (VND) x Registration fee collection rate (%)
In there
• Property value for registration fee calculation for used motorbike assets (residual value of the property) = value of new property multiplied by (x) the remaining quality percentage of the property. asset
• The remaining quality (depreciation) percentage of the old motorbike is determined as follows:
Lifetime of the vehicle Remaining value of the vehicle
In 1 year 90%
In 1 year – 3 years 70%
In 3 years – 6 years 50%
In 6 years – 10 years 30%
Over 10 years 20%
• The registration fee for motorbikes from the second time onwards is 1%, unless otherwise prescribed by law.
The registration fee for motorbikes in this case is limited to a maximum of 500 million VND/vehicle/time of registration.
Pursuant to Clause 2, Article 10 of Decree 140/2016/ND-CP dated October 10, 2016 as amended by Point a, Clause 4, Article 1 of Decree 20/2019/ND-CP dated February 21, 2019, procedures Declaration and payment of registration fees for property being motorbikes are made at the local Tax Department where the ownership and use rights are registered, or at the location designated by the People’s Committee of the province or city directly under the control of the Government. The central government decides on the basis of the proposal of the Director of the Tax Department, or through the website of the General Department of Taxation, for the electronic registration fee declaration dossier.
Step 3: Carry out the registration procedure for the name transfer as prescribed:
Pursuant to Clause 2, Article 10 of Circular 58/2020/TT-BCA dated June 16, 2020, the order of name transfer registration is regulated as follows:
3.1. Declare and return the Vehicle Registration Certificate to the vehicle registration authority;
Pursuant to Clause 3, Article 6 of Circular 58/2020/TT-BCA dated June 16, 2020, within 07 days from the date of making documents to transfer vehicle ownership to organizations, individuals and vehicle owners responsibility:
• Directly or authorize an individual or service organization to submit the vehicle registration certificate and license plate to the vehicle registration agency in the case of name transfer to another organization or individual in another province or centrally run city. nurse.
• Directly or authorize an individual or service organization to submit the vehicle registration certificate to the vehicle registration authority in case of name transfer to an organization or individual in the same province or centrally run city. If the Buyer carries out the procedure for transferring the name immediately, the procedure for revocation of the vehicle registration certificate is not required.
The vehicle registration agency competent to revoke the vehicle registration certificate in this case is the Traffic Police Department of the Police Department of the province or centrally run city based on Clause 4, Article 3 of Circular 58/2020/TT- BCA on June 16, 2020.
3.2. Officers and soldiers in charge of vehicle registration shall revoke vehicle registration and license plates on the vehicle registration system, issue certificates of vehicle registration revocation and issue temporary number plates;
3.3. Owners contact the vehicle registry where the buyer resides to submit documents including:
• Vehicle registration declaration form No. 01 issued together with Circular 58/2020/TT-BC dated June 16, 2020;
• Vehicle ownership transfer papers
• Invoices, financial documents (receipts, receipts) or documents of car purchase and sale (contract) as prescribed by law;
• Vehicle sale papers of individuals with notarized or authenticated certification or certification by agencies, organizations or units currently working for the armed forces and foreigners working in diplomatic missions, consular offices, representative offices of international organizations that register the vehicle at the address of the agency, organization or working unit;
• For liquidated police vehicles: The decision on liquidation of the vehicle by the competent authority and an invoice for the sale of public property or an invoice for the sale of state property;
• For liquidated military vehicles: Vehicle registration certificate, official letter certifying that the vehicle has been removed from military equipment issued by the Department of Motor Vehicles, Ministry of National Defense and bill of sale of public property or sale of assets. state property.
Vehicle registration fee documents:
• Receipt or paper of payment to the state budget or authorization to pay registration fee via bank or other registration fee payment document as prescribed by law or information sheet of advance fee payment data The registration is printed from the vehicle management registration system (full name, model number, vehicle type, engine number, chassis number of the vehicle). In case many vehicles share the same registration fee document, each vehicle must have a certified copy as prescribed or certified by the agency that has issued such registration fee document;
• Vehicles exempt from registration fee: The registration fee declaration is certified by the tax office.
• Certificate of revocation of registration, license plate (not applicable in case of name change in the same province after completing the vehicle ownership transfer procedure).
Documents of the Buyer who is a foreigner:
• Letter of introduction from the Department of State Protocol or Department of Foreign Affairs and Diplomatic identity card or official ID card (still valid) in case the Buyer works in the representative agencies.
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Please see more
- Consent to divorce with foreigners in Vietnam
- Regain custody of children after divorce under Vietnam law
- Proving separate property before marriage under Vietnam law
Frequently asked questions
In Hanoi, all newly registered or renamed cars will have a 5-digit license plate and very low fees. If the car has a 5-digit license plate, now it only costs 30,000 VND to change the name.
If you change from a 4-digit number plate to a 5-digit number plate, the car will lose 150,000 VND, the motorbike only 50,000 VND.
According to Point b, Clause 2, Article 8 of Circular 58/2020/TT-BCA, the car sale, donation or donation certificate of an individual must be notarized according to regulations or certified by the People’s Committee of the commune, ward or township. town for the signature of the seller, donor, gift the car.
Therefore, the motorcycle sale and purchase contract must be notarized or authenticated. Specifically according to Official Letter 3956/BTP-HTTQTCT:
For a special-use vehicle sale, donation or donation certificate, the commune-level People’s Committee of the place where the seller, donor or donor permanently resides shall authenticate the signature of the seller, give or donate the vehicle.
For Certificates of car sale, donation or donation of individuals, people have the right to choose whether to notarize the Certificate of sale, give or donate a car at a notary practice organization or authenticate the signature on the vehicle sale, donation or donation certificate. .
If you choose to authenticate the signature on the personal vehicle sale, donation or donation certificate, the signature will be authenticated at the Commune People’s Committee where the seller, donor or donor permanently resides.
According to Clause 3, Article 9 of Circular 58/2020/TT-BCA, for foreign car owners:
– Foreigners working in diplomatic expression agencies, consular offices, expression agencies of international enterprises: Recommendation letter from the State Protocol Department or Department of Foreign Affairs and present diplomatic identity card or Official ID card (with results still in use);
– Foreigners working or studying in Vietnam: Present a visa (visa) with a term of one year or more or another valid document instead of a visa.
Conclusion: So the above is Procedure for motorbike transfer for foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
