Is it eligible to be re-issued with a lost certificate of vehicle registration in Vietnam? Can I buy a motorbike but both parties have only handwritten papers?
Can I buy a motorbike but both parties have only handwritten papers?
Pursuant to the provisions of Clause 1, Article 161 of the 2015 Civil Code of Vietnam as follows:
“Article 161. Time of establishing ownership rights and other property-related rights
1. The time of establishing ownership rights and other property-related rights shall be determined as prescribed in this Code and relevant laws; if there is no relevant regulations of law, the agreement of the parties shall prevail; if there is no either relevant regulations of law or agreement of the parties, the time of establishing ownership rights and other property-related rights shall be the time when the property is transferred.
The time when the property is transferred is the time when the obligee or his/her legal representative possesses the property.
2. In case where the property which has been not transferred arise yield or income, such yield or income shall belong to the transferor, unless otherwise agreed.”
Thus, based on the regulations, when you buy that motorbike, you have to go through the registration procedures for the ownership transfer at a competent state agency, then you will be identified as the owner of that motorbike. In this case, because you only made handwritten documents without carrying out the procedures for the ownership transfer, according to regulations you have not been recognized as the owner of that motorbike.
Certificates of vehicle registration in Vietnam
Is it eligible to be re-issued with a lost certificate of vehicle registration in Vietnam?
Pursuant to Article 11 of Circular 58/2020/TT-BCA of Vietnam stipulating as follows:
“Article 11. Replacement and re-issuance of the certificate of vehicle registration and license plate
1. Subject matters of replacement and re-issuance of certificate of vehicle registration: refurbished vehicle, repainted vehicles, vehicles used for transport business registered for issuance of license plate with white background, black letters and numbers; extension for certificate of vehicle registration; certificate of vehicle registration which is blurry, torn or lost, or change of vehicle owner details (name, address) or vehicle owner wishes to replace the old certificate of vehicle registration with a new certificate of vehicle registration as per this Circular.
2. Subject matters of replacement and re-issuance of license plate: The license plate is blurry, broken, or lost; or the vehicle owner wishes to the replace 3-digit or 4-digit license plate number to 5-digit license plate number; the vehicle used for transport business registered for change from license plate with white background, black letters and numbers to license plate with yellow background, black letters and numbers.
3. Procedures for the replacement or re-issuance of vehicle registration and license plate: The vehicle owner shall submit required documents in Articles 7 and 9 of this Circular, the certificate of vehicle registration (in case of change of certificate of vehicle registration) or license plate (in case of change of license plate), regarding a refurbished vehicle which changes engine subassembly or chassis subassembly, additional documents below are required: Proof of payment of registration fee as regulated, title transfer documentation (in case of change of engine or chassis) as regulated, the origin documentation of engine subassembly or chassis subassembly.”
Thus, according to the above provisions, you have the right to carry out the procedure for applying for a replacement or re-issuance of the vehicle registration certificate. Procedures for re-issuance of vehicle registration certificates at competent state agencies.
What is the time limit for the issuance of vehicle registration certificates in Vietnam?
Pursuant to Article 4 of Circular 58/2020/TT-BCA of Vietnam stipulating as follows:
“Article 4. Time limit for the issuance of vehicle registration certificate and license plates
1. The license plate shall be issued or replaced immediately after receiving a duly completed application.
2. Issuance of temporary vehicle registration certificates and temporary license plates: to be completed within a day.
3. Initial issuance and replacement of vehicle registration certificates, issuance of certificates of revocation of vehicle registration and license plate: not exceeding 2 working days, after receiving a duly completed application.
4. Re-issuance of license plate which is lost, blurry or broken: not exceeding 7 working days, after receiving a duly completed application.
5. Re-issuance of the vehicle registration certificate that has been lost: not exceeding 30 working days, after receiving a duly completed application.”
Thus, re-issuance of the vehicle registration certificate that has been lost: not exceeding 30 working days, after receiving a duly completed application.
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