Vietnam: People are only fined for "vehicle without ownership registration" in two cases

According to current regulations, the traffic police when performing patrolling and controlling tasks cannot impose a penalty of "vehicle without ownership registration" when the driver rides another person's vehicle. Instead, the driver is only fined for "vehicle without ownership registration" if it falls into one of the two cases below.

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Currently, Vietnam’s law does not regulate the violation of "vehicle without ownership registration". However, according to Clause 2 Article 10 of the Circular No. 58/2020/TT-BCA of the Ministry of Public Security of Vietnam and Clauses 4, 7 Article 30 of the Decree No. 100/2019/NĐ-CP, the violation of "vehicle without ownership registration" can be understood as failure to follow procedures for transferring the vehicle ownership when buying, being given, allocated, or inherited a moped, motorcycle, automobile, tractor, heavy-duty vehicle or car-like vehicles.

Point a Clause 4 and Point l Clause 7 Article 30 of the Decree No. 100/2019/NĐ-CP of Vietnam’s Government specifies that sanctions for the act of driving "vehicle without ownership registration" are only applied for owners of mopeds, motorcycles, automobiles, tractors, heavy-duty vehicles or car-like vehicles, that is, must be the owner of the vehicle.

Concurrently, according to Clause 10 Article 80 of the Decree No. 100/2019/NĐ-CP of Vietnam’s Government:

“10. The violations specified in Point b Clause 4 and Clause 7 Article 30 of this Decree shall be only verified through traffic accident investigations or through vehicle registration.”

Thus, according to the above provisions, it can be seen that he traffic police, when performing patrol and control tasks on the road or when conducting vehicle document checks, will not verify and sanction violations for not carrying out registration procedures for vehicle title transfer (vehicle without ownership registration) for vehicle drivers who are owners of motorbikes, cars and similar vehicles. Instead, the violation of "vehicle without ownership registration" is only sanctioned if it is verified to detect violations in 02 cases:

- Through traffic accident investigations;

- Through vehicle registration.

Thus through the above-mentioned cases, if the owners of sanctioned motorcycles, mopeds and motorcycles-like vehicles do not carry out the procedures for registration of the vehicle's title transfer, he will be fined according to Point a Clause 4 and Point l Clause 7 Article 30 of the Decree No. 100/2019/NĐ-CP of Vietnam’s Government. To be specific:

Failure to follow procedures for transferring the vehicle ownership of a moped or motorcycle:

- A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon an individual.

- A fine ranging from VND 800,000 to VND 1,200,000 upon an organization.

Failure to follow procedures for transferring the vehicle ownership of cars:

- A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed upon an individual.

- A fine ranging from VND 4,000,000 to VND 8,000,000 upon an organization.

In addition to being fined, violating individual and organization are enforced adoption of procedures for vehicle registration, registration for transfer, revision and revocation of certificates of vehicle registration, license plates and certificates of technical and environmental safety as per the law (except for cases of vehicle confiscation) for remedial measures.

Ty Na

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