Penalties for Vehicles Without Proper Ownership: Not a New Regulation in Decree 100

Illustration photo

New penalty rates for cars and motorcycles from January 1, 2020

The editorial board of THU KY LUAT responds to this issue as follows:

In essence, the regulation on penalties for the violation of non-owner motorcycle is not completely new in Decree 100/2019/ND-CP. This regulation has long existed in Decree 46/2016/ND-CP. Specifically, Clause 1 and Clause 5 of Article 30 in Decree 46/2016/ND-CP stipulate the penalties for vehicle owners violating road traffic regulations as follows:

1. A fine ranging from 100,000 VND to 200,000 VND for individuals, from 200,000 VND to 400,000 VND for organizations that own motorcycles and similar types of vehicles in the following cases:

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b) Failing to complete the vehicle registration procedures (to transfer the vehicle ownership in the Registration Certificate to one's name) as prescribed when buying, being gifted, being allocated, being transferred, being inherited motorcycles, similar types of vehicles.

5. A fine ranging from 1,000,000 VND to 2,000,000 VND for individuals, from 2,000,000 VND to 4,000,000 VND for organizations that own cars, tractors, specialized motorcycles, and similar types of vehicles in case of failing to complete the registration procedures (to transfer the vehicle ownership in the Registration Certificate to one's name) as prescribed when buying, being gifted, being allocated, being transferred, being inherited cars, tractors, specialized motorcycles, similar types of vehicles.

In Decree 100/2019/ND-CP, the regulation on penalties for non-owner motorcycle or specifically the act of failing to complete the vehicle registration procedures as stipulated in Decree 46/2016/ND-CP is reaffirmed but with higher penalties. Specifically, Clause 4 and Clause 7 of Article 30 in Decree 100 stipulate the penalties for this violation as follows:

4. A fine ranging from 400,000 VND to 600,000 VND for individuals, from 800,000 VND to 1,200,000 VND for organizations that own motorcycles and similar types of vehicles in the following cases:

a) Failing to complete the registration procedures (to transfer the vehicle ownership in the Registration Certificate to one's name) as prescribed when buying, being gifted, being allocated, being transferred, being inherited motorcycles, similar types of vehicles.

7. A fine ranging from 2,000,000 VND to 4,000,000 VND for individuals, from 4,000,000 VND to 8,000,000 VND for organizations that own cars, tractors, specialized motorcycles, and similar types of vehicles in the following cases:

...l) Failing to complete the registration procedures (to transfer the vehicle ownership in the Registration Certificate to one's name) as prescribed when buying, being gifted, being allocated, being transferred, being inherited cars, tractors, specialized motorcycles, similar types of vehicles.

Thus, it can be seen that the penalty for the act of non-owner motorcycle has existed since 2016, not from 2020 as many people think. If there is anything new, it is the new fine amounts. Specifically, according to Decree 46, this act 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. According to Decree 100, these penalties will be increased. Accordingly, the maximum fine for owners of motorcycles is 600,000 VND if individuals, 1,200,000 VND if organizations. The maximum fine for owners of cars is 4,000,000 VND if individuals, 8,000,000 VND if organizations.

Note, the regulation on penalties for the violation of non-owner motorcycle in Decree 46 and Decree 100 only applies to owners of motorcycles, cars, and similar types of vehicles, meaning that they must be the owners of the vehicles. Those who are not owners of the vehicles are not subject to the adjustment, and are not liable under these regulations. Drivers of rented vehicles, borrowed vehicles, or those using shared vehicles with family members will not be considered and penalized for the act of non-owner motorcycle.

Additionally, the verification to detect the violation of non-owner motorcycle by vehicle owners is only carried out when individuals or organizations come to the traffic police agency to carry out vehicle registration or transfer procedures, or during the process of investigating traffic accidents. Traffic police on patrol or controlling the road will not verify or penalize this violation during routine checks.

Nguyen Trinh

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