Will I be fined if I borrow a car without the owner's vehicle registration certificate in Vietnam?

Will I be fined if I borrow a car without the owner's vehicle registration certificate in Vietnam?

A vehicle without an owner can be understood as a vehicle in the case of purchase, sale, donation, inheritance, exchange, capital contribution, allocation or transfer of the vehicle without changing the owner's name in accordance with the law.

As prescribed in Clause 4, Article 6 of the Circular 24/2023/TT-BCA, the vehicle owner shall retain the vehicle registration certificate and license plate (not transfer the registration certificate and license plate to the transferee) and submit them to the vehicle registration authority for revocation procedures;

In case of vehicle title transfer together with the license plate purchased at auction, the vehicle owner shall submit the registration certificate to the vehicle registration authority for revocation procedures;

As prescribed in Clause 4.a, Article 30 of the Decree 100/2019/NĐ-CP, there will be administrative penalties imposed for failure to follow procedures for transferring the vehicle ownership when buying, being given, allocated, or inherited a moped or motorcycle.

Therefore, if you borrow a car from relatives or friends who do not fall into the above cases, it will not be considered as an unauthorized vehicle and will not be administratively fined.

What are the fines for failure to follow procedures for transferring the vehicle ownership in Vietnam?

Pursuant to Clause 4 Article 30 of the Decree 100/2019/NĐ-CP (amended by Clause 17 Article 2 of the Decree 123/2021/NĐ-CP and Clause 36 Article 2 of the Decree 123/2021/NĐ-CP) stipulating as follows:

Penalties imposed upon vehicle owners

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4. For owners of mopeds and motorcycles: A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon an individual, from VND 800,000 to VND 1,200,000 upon an organization that commits any of the following violations:

a) Failure to follow procedures for transferring the vehicle ownership when buying, being given, allocated, or inherited a moped or motorcycle;

b) Failure to follow procedures for issuance of revised certificates of vehicle registration as per the law when changing address of vehicle owners;

4a. For owners of motorcycles and the like and mopeds: A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed upon an individual, from VND 1,600,000 to VND 2,000,000 upon an organization which fails to comply with regulations on license plates, except for the offences specified in points i and k clause 5 of this Article.

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As regulations above, a fine ranging from VND 400,000 to VND 600,000 shall be imposed upon an individual, from VND 800,000 to VND 1,200,000 upon an organization for failure to follow procedures for transferring the vehicle ownership when buying, being given, allocated, or inherited a moped or motorcycle.

What are procedures for registration of title transfer and vehicle transfer in Vietnam?

Pursuant to Clause 2 Article 15 of the Circular 24/2023/TT-BCA stipulating procedures for registration of title transfer and vehicle transfer in Vietnam as follows:

Procedures for registration of title transfer and vehicle transfer

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2. Procedures for registration of title transfer and vehicle transfer

a) The transferee or the vehicle owner (in case of relocation) shall compete the vehicle registration form according to regulations in Article 9 of this Circular; has its/his/her vehicle inspected, provide number of e-application for vehicle registration and submit the application specified in Clause 2 Article 14 of this Circular;

b) After inspecting vehicle application and conducting physical inspection of the vehicle, if the application and vehicle are satisfactory, the vehicle registration authority shall issue license plate according to regulations in Clause 2 Article 12 of this Circular;

c) The transferee or the vehicle owner may receive the appointment note to return vehicle registration result, pay vehicle registration fee and receive license plate (in case the license plate is issued according to regulations in point b, Clause 2 Article 12 of this Circular); if the vehicle owner wishes to receive vehicle registration result by post, it/he/she shall register with the public post office;

d) The transferee or the vehicle owner may receive the vehicle registration certificate and the license plate (in case the license plate is issued according to regulations in point b, Clause 2 Article 12 of this Circular) in person at the vehicle registration authority or by post.

In case of relocation, it is required to retain the identification license plate (5-digit license plate); in case the old license plate is a 3-digit license plate or 4-digit license plate, it shall be replaced by the identification license plate according to regulations in this Circular.

As regulations above, procedures for registration of title transfer and vehicle transfer in Vietnam are:

Step 1: Compete the vehicle registration form

- The vehicle owner shall log into the public service portal and be responsible for declaring full contents specified in the vehicle registration form, digitally signing or signing, stating full name and bearing seal (in case of an agency or organization).

- After successful declaration, the vehicle owner will receive number of e-application for vehicle registration and an appointment to process the application notified by the public service portal via phone message or email to complete procedures for vehicle registration; the number of e-application for vehicle registration shall be provided for the vehicle registration agency so as to carry out vehicle registration procedures as prescribed;

If it is not possible to do so on the public service portal, the vehicle owner shall complete the vehicle registration form in person at the vehicle registration authority.

- The transferee or the vehicle owner has its/his/her vehicle inspected, provide number of e-application for vehicle registration and submit:

+ Vehicle registration form;

+ Documentation of the vehicle owner according to Article 10 of this Circular;

+ Vehicle title transfer documentation according to regulations in Clause 2 Article 11 of this Circular (except for relocation).

+ Proof of payment of vehicle registration fee according to regulations in Clause 3 Article 11 of this Circular.

+ Certificate of revocation of license plate and vehicle registration.

Step 2: The vehicle registration authority shall issue license plate after inspecting vehicle application and conducting physical inspection of the vehicle, if the application and vehicle are satisfactory.

Step 3: The transferee or the vehicle owner may receive the appointment note to return vehicle registration result at the registration authority or by post.

In case of relocation, it is required to retain the identification license plate (5-digit license plate); in case the old license plate is a 3-digit license plate or 4-digit license plate, it shall be replaced by the identification license plate

Best regards!