Vietnam: Sample of contract for sale of motorcycles and used cars in 2022? Important notes when making a car purchase contract?
What is a car sales contract according to Vietnamese regulations?
According to the provisions of Article 430 of the Civil Code 2015, specific property purchase contracts are provided as follows:
Article 430. Sale contract of property
Sale contract means an agreement between parties whereby a seller is obligated to transfer the ownership rights of property to the purchaser and the purchaser is obligated to make a payment to the seller.
Sale contracts of houses or sale contracts of houses for other purposes shall comply with this Code, the Law on Housing and relevant laws.
From the concept of a contract for sale and purchase of property, it is possible to derive the concept of a contract for the sale of a vehicle specifically that a contract for the sale of a car is an agreement between the parties, in which the seller transfers ownership of the property as a vehicle to the buyer and the buyer pays the seller.
As for the provisions on property, Article 105 of the Civil Code 2015 provides for specific property:
Article 105. Property
1. Property comprises objects, money, valuable papers and property rights.
2. Property includes immovable property and movable property. Immovable property and movable property may be existing property or off-plan property.
In case the property is a motorcycle or automobile, it must be registered according to the provisions of Circular 58 on vehicle registration.
Vietnam: Sample of contract for sale of motorcycles and used cars in 2022? Important notes when making a car purchase contract?
What are the notes when making a car purchase contract that people need to know according to Vietnamese regulations?
Parties to the contract:
Currently, on the car registration mostly only the name of one person, but if the property is that car acquired during the marriage, there is a monetary contribution of both spouses, it is still considered joint property during the marriage period.
Therefore, when performing a car purchase contract, the seller must list all personal information of the couple: Full name, year of birth, ID card, CCCD, Passport number, date of issue and issuing agency, permanent address of the couple, contact phone number ...
In case it is private property, when performing the contract, it must clearly state the grounds for proving that this is the private property of that person.
About the form of the car purchase contract:
According to the provisions of Circular 58/2020/TT-BCA on vehicle registration, the form of the contract, certificate of sale, giving and gift of the individual's car must be notarized and authenticated.
Therefore, the two parties buying and selling cars can go to the notary office, notary office or commune and ward People's Committee to carry out notarization and certification procedures.
Regarding motorcycles and cars participating in purchase and sale transactions:
Article 431 of the 2015 Civil Code provides for contracts of sale, namely:
Article 431. Subject matter of sale contracts
1. Each property prescribed in this Code may be the subject matter of a sale contract. If a property is banned or restricted from transfer as prescribed by laws, it shall become a subject matter of a sale contract if it complies with the regulations of such laws.
2. The property is under ownership of the seller and the seller has the right to sell it.
Based on the name regulations, motorcycles and cars in the vehicle purchase and sale contract are assets that are allowed to be traded.
At the same time, the car must also have all legal documents such as vehicle registration certificate, valid vehicle registration (if it is a car).
In the car purchase contract, usually about the car purchased for sale, it will declare according to the information on the vehicle registration about the following contents:
- Trademarks
- Number of types
- Frame number
- Machine number
- License plate ....
Mandatory contents in the Car Purchase Contract:
The mandatory contents in the car purchase contract include the following basic contents:
- Assets for sale, characterization and legal status
- Prices and payment methods
- Rights and obligations of each party
- Fines for violations and compensation for damages
- Dispute resolution in contracts
Prices and payment methods are agreed upon by both parties.
Besides, there is also a deadline for car delivery and pick-up. This deadline is also agreed upon by the two parties.
Fees payable when changing the name of a motorcycle or car
When buying or selling a car, the buyer needs to pay the following fees and charges:
- Registration fee
- Registration fee, issuance of license plates
- Notary fees, attestation
Some models of contracts for the sale of motorcycles and used cars in 2022 according to Vietnamese regulations?
Motorcycle purchase contract:
Download motorcycle purchase contract: Here.
Contract for sale and purchase of cars:
Download car sales contract: Here.
Above is some of the information we provide to you. Respect!
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