Vietnam: Guidelines for resolving difficulties when transferring the ownership of a used motorcycle

Specifically, Article 23 of Circular No. 15/2014/TT-BCA of the Ministry of Public Security of Vietnam provides guidelines for dealing with problems and difficulties in the registration of title transfer and vehicle relocation in the following 12 cases:

Case 1: When the title transfer and vehicle relocation is applied to vehicles of which the registration documentation dated back earlier December 31, 2005, and in the absence of a bill of transfer or in case of uncontinous transfer, their aforesaid documentation shall remain legal and valid according to legal regulations of the Ministry of Finance.

Case 2: As for vehicles that apply for the title transfer and relocation but their current owners have resold them to new ones, and if the sale and vehicle registration tax have complied with legal regulations, then those vehicles shall be registered and the competent registry shall send a written notification to where they are relocated in order for the vehicle registration number to be adjusted. 

Case 3: Temporarily imported vehicles; vehicles of certain projects that have not expired yet and are transferred in Vietnam; any vehicle used as a gift.

- The legal owner shall apply for the revocation of the certificate of license plate and vehicle registration at the competent registries, then complete the import documentation at the Customs according to legal regulations and submit it to a competent registry to apply for the title transfer and relocation. 

- As for vehicles that have not applied for the revocation of the certificate of license plate and vehicle registration but received the request for the payment of import duty from the Customs or a written response that exempts these vehicles from paying their duty from the competent authority of the Ministry of Finance, their title transfer and relocation shall be permitted and documented into their vehicle registration.

Case 4: Any tax-exempt imported vehicle when being used in Vietnam and those that are taxed at the rate of 0%, according to legal regulations enforced by Ministry of Finance; Vietnamese expatriates’ vehicles that have been shipped to Vietnam’s ports before April 01, 2014, their application for title, ownership transfer and relocation shall be accepted as stipulated in Circular No. 15/2014/TT-BCA.

As for Vietnamese expatriates’ vehicles that have been shipped to Vietnam’s ports since April 01, 2014, those expatriates must register these vehicles before transfer; Upon transferring their vehicles and submitting their proven documents of tax payment as stipulated by legal regulations of the Ministry of Finance, they are eligible to apply for the title transfer and relocation according to statutory regulations of Circular No. 15/2014/TT-BCA.

Case 5: As for vehicles that have been registered as the ownership of a spouse or both husband and wife. However, since the legal holder of the vehicle registration certificate has died or gone missing (refer to the death certificate or the Court’s declaration of a missing person), and he/she is requesting the registration of the ownership transfer and relocation to a spouse or a different person without any dispute, the application for registration shall be accepted.

Case 6: As for illegally-imported motorcycles of which the consolidated industrial and commercial tax have been levied by the People’s Committee of a province, centrally-affiliated city and of which the registration has been obtained since earlier December 31, 1995, their title transfer and relocation or the replacement of license plate shall be permitted.

Case 7: As for vehicles, of which the Customs’ certificate of origin for imported goods has been found counterfeit, the Inspection authority shall receive a written notice to inspect and deal with it according to legal regulations. If that inspection authority comes to a written conclusion that these vehicles are not illegally stolen and possessed, the competent registry shall authorize the Customs of that province and city in order to demand and collect taxes. After receiving the documentation of tax payment, those vehicles shall be registered.

Case 8: As for motorcycles that have been registered since earlier December 31, 1995 and have their registration stamped with ‘not accepted as a gift’ on the vehicle registration certificate and without any disputes, lawsuits or judicial appeals, they are permitted to get their title transfer and relocation or the replacement of license plate to be registered.

As for two – wheeled  motorcycles that have been illegally imported and have already paid taxes to the Customs for their registration, they are permitted to get their title transfer, relocation or the replacement of license plates to be registered.

Case 9: As for refurbished vehicles that have been registered since earlier June 04, 1996 and of which the technical inspection report is not included in accordance with in the inter-ministerial Circular No. 223/TT/LB dated December 07, 1979 of the Ministry of Transport and the Ministry of Home Affairs, they shall get their title transfer, relocation or the replacement of license plate to be registered.

Case 10: As for vehicles that have been assembled in Vietnam since earlier February 19, 1998, if being provided along with a duplicate of first product certificate or the acceptance report of the inspection board as regulated by the Ministry of Transport, they shall get their title transfer, relocation or the replacement of license plate to be registered.

Case 11: As for vehicles in possession of the law-abiding documentation that, due to a certain negligence or unreasonable care, results in the absence and defect of the followings: the authorized signature of heads of a division, team and a responsible registrant; legal stamps on a declaration of vehicle registration, title transfer and relocation, vehicle registration certificate; the address on a proven documents of import; several letters on the engine and chassis code in comparison with vehicle’s actual condition; a duplicate receipt of excise duty payment (if applicable); the factory-to-dealer invoice; a photo of driver’s license; a receipt of registration fees; the written proof of rebuilt truck body that has obtained the certificate of technical safety assurance and environment protection for road mechanical transport, the legal owners are allowed to request the Department Head of Roadway – Railway Traffic Police (applied to the vehicle registration that is carried out at the location hereof), or the Head of Traffic Police Department, the Head of Police Department of a district (applied to the vehicle registration that is carried out locally) to get their vehicles to be registered.             

Where automobiles and motorcycles were registered before December 31, 1995, and the legal owners are now applying for the title transfer and relocation as well as the change and replacement of the certificate of license plate and vehicle registration, in case of the absence of any necessary document required for an original documentation and none of possible disputes, lawsuits or judicial appeals, the legal owner is entitled to request the Department Head of Roadway – Railway Traffic Police (applied to the vehicle registration that is carried out at the location hereof), or Department Director of Police of a province, centrally-affiliated city (applied to the vehicle registration that is carried out locally) to get their vehicles to be registered.

Case 12: As for electric automobiles and bikes that have been used for earlier July 01, 2009 and do not obtain a certificate of origin or appropriate transfer documents as stipulated by legal regulations, if a commitment verified by local authorities has been provided, the legal owner is entitled to have their license plate registered and issued.

VIEW MORE: All latest new guidance on transfer of ownership of a used motorcycle in 2020

Nguyen Trinh

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