What is the penalty for not using headlights when operating a motorcycle in a tunnel in Vietnam according to Decree 168? Is registration fee required for transferring ownership of a used motorcycle in Vietnam?

What is the penalty for not using headlights when operating a motorcycle in a tunnel in Vietnam according to Decree 168?

Pursuant to Article 7 of Decree 168/2024/ND-CP on the penalties for motorcyclists violating road traffic rules as follows:

Penalties and point deduction for drivers of motorcycles, mopeds, motorbike-like vehicles, and moped-like vehicles violating road traffic rules

...

3. A fine ranging from 600,000 VND to 800,000 VND for drivers committing one of the following violations:

...

h) Driving in a tunnel without using low-beam headlights;

...

10. A fine ranging from 10,000,000 VND to 14,000,000 VND for drivers committing one of the following violations:

...

b) Violating the provisions at the following points of this Article, causing a traffic accident: point a, point d, point đ, point g, point h, point i, point k of clause 1; point c, point đ, point g of clause 2; point b, point e, point g, point h, point k of clause 3; point đ of clause 4; point c, point d of clause 6; point c, point d, point đ of clause 7; point a, point b, point h, point k of clause 9 of this Article.

...

Accordingly, based on the above regulation, a motorcycle not using low-beam headlights while driving in a tunnel will be fined from 600,000 VND to 800,000 VND.

Furthermore, if the motorcycle driver fails to turn on the low-beam headlights while driving in the tunnel leading to a traffic accident, they will be fined from 10,000,000 VND to 14,000,000 VND.

What is the penalty for not using headlights when operating a motorcycle in a tunnel in Vietnam according to Decree 168? Is registration fee required for transferring ownership of a used motorcycle in Vietnam? (Image from the Internet)

Is registration fee required for transferring ownership of a used motorcycle in Vietnam?

Based on clause 2, Article 3 of the Law on Fees and Charges 2015, fees are amounts determined by law which organizations and individuals are obliged to pay when provided with public services or state management services as stipulated in the Fee Schedule.

From the above regulation, it can be understood that registration fee is the amount determined by law that organizations and individuals must pay for state management purposes, specifically for registering ownership and use rights of assets subject to registration fee obligations.

According to Article 3 of Decree 10/2022/ND-CP which stipulates the subjects to registration fee as follows:

Subjects to registration fee

...

6. Two-wheeled motorcycles, three-wheeled motorcycles, mopeds, and other motorbike-like vehicles, which must be registered and have license plates issued by competent state agencies (hereinafter referred to as motorcycles).

...

Simultaneously, Article 4 of Decree 10/2022/ND-CP regulates the value of registration fee for used motorcycles as follows:

Value for registration fee calculation

...

4. The value for registration fee calculation for used assets (excluding houses, land; imported used assets; assets acquired through dealing with public ownership-acknowledged assets) is the remaining value calculated based on the asset's usage time.

For used cars and motorcycles, the registration fee calculation value is the remaining value of new cars and motorcycles in the registration fee Calculation Price List (for cars and motorcycles it is according to the vehicle type; for trucks, it is according to country of manufacture, brand, carrying capacity; for passenger cars, it is according to country of manufacture, brand, the permissible number of people including the driver). If there is no registration fee calculation price for new cars and motorcycles in the Price List, the registration fee calculation price for used cars and motorcycles is the remaining value of equivalent vehicle types with a price listed in the registration fee Calculation Price List.

...

Thus, motorcycles, regardless of being new or used, are subject to registration fee. Therefore, when transferring the ownership of a used motorcycle, the buyer must pay the registration fee.

How much is the registration fee for transferring ownership of a used motorcycle?

According to Article 6 of Decree 10/2022/ND-CP, Article 3, and Article 4 of Circular 13/2022/TT-BTC, the registration fee when transferring ownership of a used motorcycle is calculated as follows:

registration fee Payable = Value for registration fee Calculation x Remaining Quality Percentage of the Motorcycle x registration fee Rate Percentage

Where:

- The value for registration fee calculation is determined by the registration fee Calculation Price List in Decision 2353/QD-BTC 2023, Decision 449/QD-BTC 2024, Decision 1707/QD-BTC 2024.

- The ratio (%) of the remaining quality of the registered asset is determined as follows:

- The registration fee rate is determined as follows (clause 1, Article 4 of Circular 13/2022/TT-BTC):

+ Motorcycles paying registration fee from the second time onwards are subject to a rate of 1%.

+ In cases where the owner has declared and paid a registration fee for a motorcycle at a rate of 2%, then transfers it to organizations or individuals in centrally-run cities; cities under provincial jurisdiction; district-level towns where the provincial People's Committee is headquartered, the registration fee rate is 5%. If the motorcycle has paid a registration fee at a rate of 5%, subsequent transfers will pay a registration fee at a rate of 1%.

Note: The area declared and paid the previous fee is determined based on "Permanent Residence", "Place of Permanent Residence Registration", or "Address" recorded in the vehicle registration certificate or license plate withdrawal certificate, and determined according to the state administrative boundaries at the time of registration fee declaration.