My son is abroad so my husband and I are riding his motorbike and keeping the vehicle registration. But since August 15th, we are afraid of being fined for riding a motorbike that is not in our name, so my husband and I do not dare to ride our son's motorbike on the main road and only dare to ride it near our house.
If I am fined by the traffic police, do I have to prove the origin of the vehicle and will I be fined for driving a vehicle that is not in my name? In case I commit a violation such as running a red light, will the traffic police fine me or my child? And in case the vehicle is impounded, can I pay the fine and go get the vehicle back when it is not in my name?
Reader Minh Lam.
Consulting attorney
Lawyer Cap Chien Thang (Director of the Legal Consulting Center) advises that cars and motorbikes are one of the types of assets that must be registered for ownership according to the provisions of law. Establishing ownership of cars and motorbikes on the basis of purchase, transfer, gift, inheritance, etc.
Attorney Cap Chien Thang
To be the owner of a car or motorbike, the documents of sale, transfer, donation, or inheritance must be notarized or certified. Then, within 30 days, the party transferring ownership of the car or motorbike must complete the procedure to revoke the vehicle registration and license plate at the vehicle registration office. If the individual fails to do so within this time limit, he or she will be fined from VND800,000 to VND2 million.
According to Clause 4, Article 6 of Circular 24/2023 of the Ministry of Public Security, when transferring ownership of a car or motorbike, the seller must retain the vehicle registration and license plate to submit to the vehicle registration authority (district-level police) when carrying out the repossession procedure. The buyer must carry out the procedure for registering a new vehicle and be issued a license plate (identification).
According to Article 58 of the Road Traffic Law, when participating in traffic, the Traffic Police will check the following documents: driver's license; vehicle registration certificate, or a certified copy of the vehicle registration certificate with the original receipt from the credit institution that is still valid (during the period the credit institution holds the original vehicle registration certificate); inspection certificate, technical safety and environmental protection inspection stamp, certificate of validity of the inspection certificate and inspection stamp (car); certificate of compulsory civil liability insurance of the motor vehicle owner; other necessary documents as prescribed (depending on the type of vehicle the driver is driving, for example, a rush hour traffic permit for vehicles carrying essential goods...).
Thus, traffic participants using cars, motorbikes of relatives, friends, or rented vehicles will not be punished by traffic police for the violation of vehicle ownership. Because they are not the owners of this vehicle.
Verification to detect non-owner vehicles can only be done through investigation, handling of traffic accidents or through vehicle registration (Article 80, Decree No. 100 of 2019). Therefore, traffic police will not check for non-owner vehicles when conducting patrols.
Compared to the above regulations, if you have presented all the necessary documents when being pulled over by the police for running a red light… then the traffic police will administratively fine you for this act, without you having to prove the origin of the motorbike you borrowed from someone.
If your violation results in the vehicle being temporarily detained to ensure enforcement of the penalty decision, after completing this decision, you or your child will receive the vehicle back (point a, clause 2, article 16, Decree 138 of 2021).
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