Fines for Unregistered Vehicles: Why is it New to Many People?

Penalties for non-owner vehicle use: Why is this new to many people? - Illustrative image

The editorial team of THU KY LUAT addresses this issue as follows:

As THU KY LUAT has informed our Customers and Members, the penalty for the violation of using a "non-owner vehicle" has been regulated since 2016 through Decree 46/2016/ND-CP, not just in 2020 as many people recently think and share with each other.

To be specific, Decree 46 stipulates that vehicle owners who purchase, are gifted, allocated, transferred, or inherited assets such as cars, motorcycles, motorbikes, and similar vehicles without registering the transfer of ownership within 30 days from the date of receipt of the transfer documents will be fined up to 200,000 VND for individuals, 400,000 VND for organizations owning motorcycles, and up to 2,000,000 VND for individuals, 4,000,000 VND for organizations owning cars.

Decree 100/2019/ND-CP, recently issued, has inherited the exact content of this regulation from Decree 46 but has increased the fines to improve legal compliance among the populace.

Many people believe this is a new regulation in Decree 100/2019/ND-CP for the following three reasons:

First, many people participating in traffic are not aware of the traffic laws, do not follow or understand the regulations, leading to confusion when hearing the term penalty for non-owner vehicle and thinking that this is a newly issued regulation.

>>> See more: Non-owner vehicle penalty: Not a new regulation in Decree 100

Second, many people knew about this regulation before through Decree 46 but misunderstood it when reaffirmed in Decree 100. To be specific, the regulations in Decree 46 and Decree 100 only penalize vehicle owners of motorcycles, cars, and similar vehicles. This means the vehicle owner, who purchases, is gifted, allocated, transferred, or inherits assets like cars and motorcycles must register the transfer of ownership within 30 days from the date of the transfer documentation. However, many people mistakenly believe that Decree 100 will penalize even borrowed, rented, or shared vehicles among family members, etc.

>>> See more: Non-owner vehicle penalty: Understand the legal provisions correctly

Third, many people do not fully understand the penalty procedures for vehicle owners violating the non-owner vehicle regulation. To be specific, according to Decree 46 and Decree 100, the verification to detect violations of the non-owner vehicle regulation is only carried out through investigating traffic accidents; through vehicle registration procedures. If the vehicle driver has all the necessary documents such as vehicle registration, vehicle insurance, driving license, etc., and commits no traffic violation, traffic police are not authorized to randomly stop the vehicle to check, verify, and penalize for using a non-owner vehicle.

>>> See more: Can traffic police randomly stop vehicles to penalize for non-owner vehicles?

Nguyen Trinh

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