Mr. Nguyen Van V sent this question to LawNet: "I bought my motorcycle, which was used by various persons, but I have never registered it. Now, with the effective implementation of Decree No. 100/2019/ND-CP of Vietnam’s Government, I want to register the transfer of ownership, but I only have the vehicle documents. Can I still transfer the ownership? Where should I go to complete this procedure? Do I need to bring the motorcycle with me?"
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LawNet would like to answer this question as follows:
According to Clause 1 Article 10 of Circular No. 15/2014/TT-BCA of the Ministry of Public Security of Vietnam, the documentation of vehicle ownership transfer shall include the followings:
- The written decision on using a vehicle as a gift or a sales contract as stipulated by laws.
- A lawful succession document.
- A bill of sale as stipulated by the Ministry of Finance.
- A written consent from the competent authority for vehicle liquidation in compliance with legal regulations (applied to the Police’s vehicles); from the General Staff (applied to Military’s vehicles).
- A written consent for the vehicle sale from the Minister or Chairperson of People’s Committees of a province and centrally-affiliated city (hereinafter briefly referred to as Chairperson of provincial People’s Committee) or the Chairperson of Board of Directors, together with a sales contract and a declaration of property transfer in respect of state-owned enterprise’s vehicles to be handed over, sold, contracted to sell and for hire.
- The decision on vehicle allocation and transfer made by the Ministry of Public Security (applied to purpose-built vehicles) or a sales documentation (applied to those bought by agencies and units at their own expense) in respect of dedicated vehicles owned by the People’s Police for the security purpose.
- A written agreement on selling and using a vehicle as a gift between individuals must be notarized as stipulated by the law on notarization, or certified by the People’s Committee of a hamlet, ward and town with respect to the signature of the owner who is eligible to sell and use his/her vehicle as a gift in compliance with the law on certification.
Thus, if the vehicle owner does not possess any of the aforementioned documents, it will be considered a case of a vehicle without ownership transfer documents. Previously, in cases where only the vehicle registration documents were available, the transfer of ownership procedure was carried out in accordance with Article 24 of Circular No. 15/2014/TT-BCA, specifically as follows:
- The registration of title transfer that is carried out within a province
The documentation includes:
+ A declaration of title transfer and vehicle relocation (fill in the form 03 attached to this Circular) as well as a commitment on the compliance with laws to use legally registered vehicles of the legal owner whose permanent residence is certified by a Police Department of a commune where he/she is permanently residing.
+ A proven documentation of vehicle registration tax according to statutory regulations.
+ A certificate of vehicle registration. Where this certificate has been presumably lost, clearly specify the proper reasons in a declaration of title transfer and vehicle relocation (fill in the form 03 attached to this Circular).
- The registration of title transfer and vehicle relocation in a different province
The documentation includes:
+ 02 declarations of title transfer and vehicle relocation (fill in the form 03 attached to this Circular) as well as a commitment on the compliance with laws to use legally registered vehicles of the legal owner whose permanent residence address is certified by a Police Department of a commune where he/she is permanently residing.
+ A certificate of license plate and vehicle registration. Where this certificate has been presumably lost, clearly specify the proper reasons in a declaration of title transfer and vehicle relocation (fill in the form 03 attached to this Circular).
Vehicle registration authority: In the case of registering automobiles and motorcycles with an engine displacement of over 175cm3, the transfer of ownership shall be carried out at the Division of Traffic Police, Division of Roadway – Railway Traffic Police directly managed by the Department of Public Security throughout provinces and centrally-affiliated cities (hereinafter referred to as Traffic Police Division). In the case of registering motorcycles with an engine displacement below 175cm3, the transfer of ownership shall be carried out at the Police of a district, town and provincial municipality (hereinafter referred to as the Police of a district).
However, according to Article 34 of Circular No. 15/2014/TT-BCA, two-wheeled and three-wheeled motorcycles, small motorcycles (including electric vehicles) and others of the similar specifications, all of which have their ownership transferred to various people, shall get their title transfer registered in accordance with Article 24 of this Circular by the end of December 31, 2016. Thus, currently, the registration transfer requires the person applying for the transfer of ownership to have the ownership transfer documents in order to proceed with the transfer process. Therefore, in this case, you need to have one of the aforementioned ownership transfer documents in order to complete the transfer procedure according to the current regulations.
Lan Anh
- Key word:
- Circular No. 15/2014/TT-BCA
