Is the auctioned license plate an asset?

Among these, many license plates auctioned have high values, such as: BS 51K - 888.88 of Ho Chi Minh City for more than 32 billion VND, BS 30K - 555.55 and BS 30K - 567.89 of Hanoi for more than 14 billion VND and more than 13 billion VND respectively, BS 36A - 999.99 of Thanh Hoa for nearly 7.5 billion VND, BS 99A - 666.66 of Bac Ninh for more than 4.2 billion VND...

With the license plates auctioned at such high value, reader Nguyen Hung and some other readers wonder whether they are considered assets? If so, are they subject to inheritance/property division laws?

Consulting attorney

Lawyer Nguyen Thi Huyen Trang (Ho Chi Minh City Bar Association, Vien An Law Firm) advised that vehicle identification number plates are not the subject of civil transactions according to the provisions of civil law. Vehicle identification number plates are only a tool for the State to manage motor vehicles.

Furthermore, up to now, there has not been any legal document stipulating that license plates are assets.

Biển số xe trúng đấu giá có phải là tài sản? - Ảnh 1. — Lawyer Nguyen Thi Huyen Trang

In addition, according to the provisions of Point c, Clause 2, Article 6 of Resolution 73/2022/QH15 on the rights and obligations of the auction winner of the car license plate, the auction winner is not allowed to transfer, exchange, donate, or inherit the auction-winning car license plate, except in the case of transferring, exchanging, donating, or inheriting the car with the auction-winning license plate...

At the same time, at Point a, Clause 4, Circular 24/2023/TT-BCA, organizations and individuals are only allowed to transfer the license plate of an auction-winning car along with the transfer of ownership of the vehicle registered with that auction-winning license plate.

Thus, the owner of the winning license plate cannot transfer the license plate independently; the transferred license plate must accompany the vehicle that is registered with that license plate. If the buyer wants to transfer the license plate, he or she must also purchase the vehicle that is currently attached to that license plate.

Also according to the provisions of Clause 3, Article 28 of Circular 24/2023/TT-BCA, organizations and individuals who have received the transfer of vehicle ownership with the winning auction license plate are not allowed to continue transferring the vehicle ownership with the winning auction license plate to other organizations and individuals; they are allowed to transfer vehicle ownership according to the provisions of law.

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