Vietnam, is considered the kingdom of motorbikes. Where every adult individual will almost certainly own a car that is considered primarily a personal vehicle. Buying, selling, transferring and gifting cars is one of the regular transactions. LSX Lawfirm will give you an article about: “Procedures for transferring motorbike name in Vietnam”, as follows:
Legal grounds
Circular 58/2020/TT-BCA
Tax rates when buying and selling motorbikes in Vietnam
Pursuant to Article 11 of Circular 58/2020/TT-BCA
Procedures and application for registration of name transfer: The current vehicle user should contact the vehicle registration authority of the place of residence: present the documents specified in Article 9 of this Circular and submit the following documents:
a) Vehicle registration certificate (made according to form No. 01);
b) Registration fee documents as prescribed;
c) Certificate of revocation of registration, license plate (for different provinces and motorbikes with different registration points).
So, according to the information you provided, you bought a car in District 5 and now want to change the car’s name to District 8, Ho Chi Minh City; so your name transfer is in the same city directly under the central government. nurse. You need to prepare the application including the following documents:
a) Vehicle registration certificate (made according to form No. 01);
b) Registration fee documents as prescribed;
c) Certificate of revocation of registration, license plate (for different provinces and motorbikes with different registration points).
Is it legal to sell motorbikes with only handwritten notes in Vietnam?
Firstly, is the handwritten document of your motorbike sale guaranteed to be valid?
Satisfy the conditions for validity of civil transactions (Civil Code 2015):
a) The subject has civil legal capacity and civil act capacity suitable to the established civil transactions;
b) Entities participating in civil transactions completely voluntarily;
c) The purpose and content of the civil transaction do not violate the prohibition of the law, and do not violate social ethics.
- On sale and purchase papers: is a form of civil transaction and a valid condition for civil transactions in cases prescribed by law. Specifically, according to Point g, Clause 1, Article 10 of Circular 58/2020/TT-BCA stipulating that papers for selling; giving or giving cars of an individual notarized according to the provisions of the law on notarization or certification of the Commission. People’s Committees of communes; wards and townships for signatures of car sellers; donors or donors in accordance with the law on authentication. If your car sales contract does not notarize or authenticated, your contract may be void.
A civil transaction that violates regulations on formal validity conditions shall be invalid, except for the following cases:
- Firstly, a civil transaction established in accordance with regulations must be in writing; but the document is not in accordance with the provisions of law and one party or parties has performed at least two-thirds of the obligations in the transaction one party or parties; the Court shall issue a decision to recognize the validity of that transaction.
- Secondly, a civil transactio established in writing but violates the mandatory regulations on notarization and authentication; where one party or parties has performed at least two-thirds of the obligations in the transaction shall, at the request of the one party or parties; the Court shall issue a decision to recognize the validity of that transaction. In this case, the parties are not required to perform the notarization or authentication.
Your purchase and sale contract has been fully performed but has not yet come into force; because the form of the contract is not guaranteed. So you have to ask the Court to issue a decision to recognize the validity of the contract; then you do not have to perform the notarization and authentication.
Failure to fulfill the conditions to ensure the validity of the contract. Leading to a voidable contract has the following legal consequences:
- An invalid civil transaction does not give rise to, change or terminate the civil rights; and obligations of the parties from the time the transaction established.
- When a civil transaction invalidated; the parties shall restore the original state and return to each other what they have received.
In case it is not possible to return in kind, the money value refunded.
- The righteous party in the collection of yields and profits does not require to return such yields and profits.
- The party at fault causing damage must compensate.
- The settlement of consequences of invalid civil transactions; related to moral rights prescribed by this Code and other relevant laws.
Secondly, the joint responsibility when the buyer causes an accident, or is the perpetrator of theft
According to the orientation of Resolution 03/2006/NQ-HDTP; anyone who legally possesses and uses a vehicle, causing an accident; or other damage-causing acts must pay compensation, unless the two parties agree other agreement on other liability in the contract. That is, if the two parties agree in the contract that after the sale; both parties will be jointly responsible, of course, according to the contract; the seller must still be jointly responsible for the agreed cases.
You can 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.
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
Related questions
a) Organizations and individuals that sell, transfer, give, donate, distribute or inherit vehicles.
b) 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;
c) Organizations and individuals that buy, transfer, give, donate, distribute or inherit a vehicle contact the vehicle registration authority of the place of residence: Submit documents as prescribed in Article 7; Clause 2, Clause 3, Article 8, certificate of revocation of registration, license plate of the vehicle (not applicable in case of name transfer in the same province after completing the procedure for transferring vehicle ownership) and presenting the owner’s papers vehicle as prescribed in Article 9 of this Circular to carry out the procedures for registration of name transfer.
a) Certificate of registration and license plate of the vehicle as prescribed in Clause 3, Article 6 of this Circular;
b) 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 the place of residence: present the documents specified in Article 9 of this Circular and submit the following documents:
a) Vehicle registration certificate (made according to form No. 01);
b) Registration fee documents as prescribed;
c) Certificate of revocation of registration, license plate (for different provinces and motorbikes with different registration points).
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