Instead of buying a brand new vehicle, people often purchase used ones that are still in good working condition. This helps them save some costs while still meeting their needs. In these cases, how should the parties go about transferring the vehicle registration?
The process of registering a motorcycle, whether it is new or used, involves 03 main stages: preparing the necessary documentation for vehicle registration, paying the relevant fees, and completing the transfer and registration procedures for the motorcycle.
Stage 1: Preparing the necessary documentation for vehicle registration
During this stage, individuals need to carry out 03 main tasks as follows:
Documentation for vehicle registration
Both the seller and the buyer need to prepare the necessary documentation, which includes the followings:
Notarizing the vehicle purchase contract
After both parties have prepared all the necessary documents and the vehicle purchase contract according to the regulations stated in Point g, Clause 1, Article 10 of Circular No. 15/2014/TT-BCA of the Ministry of Public Security of Vietnam, the vehicle purchase contract must be notarized or certified, with specific provisions regarding the notarization or certification process as follows:
- For the sale, transfer, or gift of special-purpose vehicles, the People's Committee of the commune where the seller, transferor, or donor resides shall certify the signature of the seller, transferor, or donor.
- For the sale, transfer, or gift of vehicles by individuals, individuals have the right to choose to have the vehicle purchase contract notarized at professional notary organizations or to have the signature on the vehicle purchase contract certified.
Therefore, in the case of selling a personal vehicle, individuals have the right to choose between notarizing or certifying the vehicle purchase contract according to the regulations.
Withdrawing the original documents of a motorcycle
In practice, withdrawing the original documents only applies to cases of buying and transferring ownership of a motorcycle when the seller and buyer are from different provinces. According to Article 12 of Circular No. 15/2014/TT-BCA, the process of withdrawing the original documents will be carried out according to the regulations. The timeframe for completing this process is relatively quick, taking less than 2 working days.
Stage 2: Paying registration fee
According to Clause 4 Article 4 of Circular No. 301/2016/TT-BTC of the Ministry of Finance of Vietnam, in the case of transferring ownership or transferring a motorcycle, the registration fee shall be calculated as follows:
Registration fee rate (%)
(For used motorcycles, this rate is 1%)
- Motorcycles registered under organizations or individuals in centrally-affiliated cities, in provincial cities or in towns where the provincial People's Committee is based, to which the initial registration rate of 5% applies.
- In the case where the vehicle has already paid the registration fee at a rate of 5%, subsequent transfers will require the payment of the registration fee at a rate of 1%.
Stage 3: Completing the transfer procedures
Depending on the specific case of transferring vehicle ownership within the same province, between different provinces, or from a different province, different documents and paperwork need to be prepared, as specified in Articles 11, 12, and 13 of Circular No. 15/2014/TT-BCA, as follows:
Case 1: Registration of vehicle title transfer within a province
In this case, the documentation includes:
- A declaration of vehicle registration (the form 02 attached to this Circular).
- A certificate of vehicle registration.
- A documentation of vehicle ownership transfer as stipulated at Clause 1, Article 10 of this Circular, which refers to vehicle purchase documents must be notarized or certified according to the regulations
- A documentation of payment for vehicle registration tax as stipulated at Clause 2, Article 10 of this Circular, which refers to receipt or proof of payment for the registration fee.
Case 2: Title transfer and vehicle relocation in a different province, centrally-affiliated city
Any organization or individual who is a buyer, a receiver or a transferee of the vehicle shall complete their procedures at the competent registries specified in the certificate of vehicle registration. They do not need to take their vehicle there for inspection but must show the legal documents as stipulated in Article 9 of Circular No. 15/2014/TT-BCA, as well as submit following documents:
- Two declarations of title transfer and vehicle relocation (the form 04 attached to this Circular).
- A certificate of license plate and vehicle registration.
- A documentation of vehicle ownership transfer as stipulated at Clause 1, Article 10 of this Circular.
Where the legal owner and his/her vehicle are completely transferred and relocated in other provinces and centrally-affiliated cities (hereinafter referred to as the province), a permit of his/her work transfer or his/her Family record book must be used as a substitute for the documentation of vehicle ownership transfer.
Case 3: Vehicle registration from different provinces
The legal owner must show relevant documents as stipulated in Article 9 of Circular No. 15/2014/TT-BCA as well as submit the followings:
- A declaration of vehicle registration (the form 02 attached to this Circular).
- A documentation of payment for vehicle registration tax as stipulated at Clause 2, Article 10 of this Circular.
- A declaration of title transfer and vehicle relocation (the form 04 attached to this Circular) and an attached slip of title transfer and vehicle relocation together with a documentation of vehicle ownership transfer as stipulated at Clause 1, Article 10 of this Circular.
- An original vehicle documentation in accordance with legal regulations.
In addition to the above-mentioned cases, Article 24 of Circular No. 15/2014/TT-BCA also stipulates solutions to registering the title transfer for vehicles that have transferred their legal ownership to various persons.
Lawyer Nguyen Thuy Han from the Ho Chi Minh City Bar Association states: "The current regulations on transferring vehicle ownership are quite clear and specific. It only takes a short period of time to determine the situation of the seller and the buyer, which makes the transfer process easier than ever. Once the documentation is completed, the remaining step is to wait for the day to receive the new vehicle registration certificate and complete the procedures."
Thu Ba
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