What are the vehicle registration authorities in Vietnam? Can a person serving a prison sentence transfer the vehicle title?
What documents are required for vehicle registration?
According to the provisions of Section A Chapter 2 of Circular No. 58/2020/TT-BCA, documentation of vehicle registration include:
- Vehicle registration declaration.
- Vehicle owner's papers.
- Vehicle documents.
In which:
- Vehicle registration declaration as prescribed in Article 7 of Circular No. 58/2020/TT-BCA (amended by Clause 2, Article 3 of Circular No. 15/2022/TT-BCA):
+ Application for initial registration and number plate; registration upon transfer; registration in case of replacement or renewal of vehicle registration certificate, number plate on the Public Service Portal of the Ministry of Public Security or the National Service Portal: Vehicle owners sign in the public service portal to complete the application form for vehicle registration online (form No. 01A/58) and receive appointment numbers and deadlines for answer to application via email or SMS to proceed to take further steps in obtaining their vehicle registration.
+ Where the vehicle owner directly contact the registration agency to apply for initial vehicle registration or number plate; registration upon transfer; registration in case of replacement or renewal of vehicle registration certificate, number plate: He/she shall be responsible for filling out the application form for vehicle registration (form No. 01 hereto attached).
- The owner’s legal documentation as prescribed in Article 9 of Circular No. 58/2020/TT-BCA as follows:
+ If the legal owner is Vietnamese, one of these documents must be submitted: Identity card (9-digit or 12-digit) or household register. If the legal owner is a member of armed forces' personnel, one of these documents must be submitted: people’s police or military identity card or document certified by the head of working agency/unit of regiment or higher, division of police office of district or higher (in the absence of identity card of the armed forces' personnel).
+ The authorized person to carry out the vehicle registration, apart from the documentation of the vehicle owner as prescribed in clauses 1, 2 and 3 Article 9 of Circular No. 58/2020/TT-BCA, he/she must show his/her identity card (9-digit or 12-digit) or diplomatic or official identity card (valid).
+ In addition, when the legal owner is an overseas Vietnamese, foreigners, agencies and organizations when registering the vehicle, they need to present the documents specified in Clauses 2, 3 and 4, Article 9 of this Circular No. 58/2020/TT-BCA.
- Vehicle documentation as prescribed in Article 8 of Circular No. 58/2020/TT-BCA:
+ Vehicle origin documentation regarding imported vehicles, domestically manufactured and assembled vehicles, refurbished vehicles, and confiscated vehicles.
+ The documentation of vehicle title transfer shall include any of the following:
++ Invoices, financial documents (receipts) or documentation on sale and gifting of vehicle (decision, contract, inheritance document) as per the law;
++ Written agreement on sale or gifting of vehicle between individuals must be authenticated or notarized, or certified by the employers with respect to the armed forces; and foreign nationals working for diplomatic missions, consular posts and representative offices of international organizations, and registers his/her vehicle at the address of his/her employer, he/she must provide the confirmation from them.
++ As for liquidated vehicles of police: A decision on liquidation of vehicle made by the competent authority and invoice of selling public property or selling state-owned property;
++ As for liquidated vehicles of military: A certificate of vehicle registration, an official dispatch certifying that the vehicle has been moved out of the military equipment of the Department of Vehicles affiliated to the Ministry of National Defense and an invoice of selling public property or selling state-owned property.
What are the vehicle registration authorities in Vietnam? Can a person serving a prison sentence transfer the vehicle title? (Image from the Internet)
What are the vehicle registration authorities in Vietnam?
Pursuant to the provisions in Article 3 of Circular No. 58/2020/TT-BCA (amended by Clause 1, Article 3 of Circular No. 15/2022/TT-BCA) on vehicle registration authorities in Vietnam as follows:
- The competent vehicle registry shall manage and keep records as prescribed, information about vehicles is consistently managed on the registration database of the Department of Traffic Police.
- Department of Traffic Police shall register and issue the license plate for vehicles of Ministry of Public Security, and automobiles of diplomatic missions, consular offices and representative offices of international organizations and foreign nationals working for these ones; automobiles owned by agencies and organizations as stipulated at the Appendix No.01 of Circular No. 58/2020/TT-BCA.
- The Traffic Police Divisions, the Road and Rail Traffic Police Divisions and the Road Traffic Police Divisions controlled by the Police Departments of provinces and centrally-affiliated cities (hereinafter referred to as Traffic Police Division) shall grant registrations and number plates to car, tractors, trailers, semi-trailers and others having the same structures thereof under the ownership of foreign agencies, organizations and individuals; of projects and economic organizations in partnership with foreign entities that are locally operated, agencies, organizations, enterprises, military enterprises, individuals whose offices or permanent addresses are in districts and centrally-affiliated cities or provincially-affiliated cities where Traffic Police Divisions’ offices are located (except types of vehicles under the ownership of agencies, organizations and individuals specified in clause 3 Article 3 of Circular No. 58/2020/TT-BCA).
- Police Divisions of districts, towns, provincially or centrally-affiliated cities (hereinafter referred to as district Police) shall grant registration application and number plates to the following vehicles (except types of vehicles of agencies, organizations, enterprises, military enterprises and individuals specified in clause 3, 4 and 6 Article 3 of Circular No. 58/2020/TT-BCA):
+ Cars, tractors, trailers, semi-trailers and other similar vehicles under the ownership of domestic agencies, organizations, enterprises, military enterprises or individuals whose offices or permanent residence addresses are located under their jurisdiction.
+ Cars, motorbikes (including electric bikes) and other similar vehicles under the ownership of domestic agencies, organizations, enterprises, military enterprises or individuals whose offices or permanent residence addresses are located under their jurisdiction; foreign agencies, organizations, individuals, projects or economic organizations in partnership with foreign entities that fall within their remit.
- Police of communes, wards or towns (hereinafter referred to commune-level Police) grants vehicle registration and number plates to motorbikes (including electric bikes) under the ownership of domestic agencies, organizations, enterprises, military enterprises or individuals whose offices or permanent residence addresses are located under their jurisdiction.
Can a person serving a prison sentence transfer the vehicle title?
According to the provisions of Clause 2, Article 8 of Circular No. 58/2020/TT-BCA on vehicle registration, documentation of vehicle title transfer shall include: Written agreement on sale or gifting of vehicle between individuals must be authenticated or notarized, or certified by the employers with respect to the armed forces; and foreign nationals working for diplomatic missions, consular posts and representative offices of international organizations, and registers his/her vehicle at the address of his/her employer, he/she must provide the confirmation from them.
Thus, the vehicle title transfer in the form of sale or gifting... must be done in writing and notarized in accordance with the law on notarization and authentication.
At the same time, Clause 2, Article 44 of the 2014 Law on Notarization of Vietnam provides for the notarization and authentication of persons serving prison sentences as follows:
Notarization places
...
2. Notarization may be conducted outside the head office of a notarial practice organization if the notarization requester is old and weak and cannot move, is held in custody or in prison, is serving an imprisonment sentence or has another plausible reason for being unable to come to the head office of the notarial practice organization.
Thus, when an individual is serving a prison sentence and cannot go to the office of a notarial practice organization to notarize papers for sale or gifting of a vehicle, etc., they can contact the notary office and require the notary to come to their place to conduct notarization.
In addition, within a period of 30 days as from the date of documenting the vehicle title transfer, the entity as a buyer, receiver, or heir of that vehicle must have their vehicle registered at the vehicle registry to complete the procedures for issuance of vehicle registration and license plate as prescribed in Clause 4, Article 6 of Circular No. 58/2020/TT-BCA.
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