Currently, the procedure for transferring motorbike ownership is carried out according to the provisions of Circular 24/2023/TT-BCA.
The case of "transferring the ownership of a motorbike without the previous owner" is not specifically guided in this regulation. However, people can carry out the procedure of transferring the ownership of a motorbike without the previous owner similar to the steps in the procedure of "transferring the ownership of a motorbike that has been transferred to many organizations and individuals" as prescribed in Article 31 of Circular 24/2023/TT-BCA.
Specifically, the steps to transfer motorbike ownership without the previous owner are as follows:
Step 1: Recall procedures
The person using the vehicle goes to the agency that is managing the vehicle registration file to complete the revocation procedure. Then, declare the revocation declaration form, the vehicle registration number on the public service portal. Next, provide the online file code and submit the paper file with the vehicle registration number and vehicle registration.
After confirming the valid documents, the vehicle registration authority issues a certificate of registration and license plate revocation.
Note: In case the agency managing the records and the agency registering the vehicle transfer are the same, the person using the vehicle does not have to carry out the revocation procedure. Instead, they only need to submit the vehicle registration certificate and license plate when carrying out the transfer procedure.
Step 2: Transfer vehicle ownership without the previous owner
The person using the vehicle must complete the vehicle registration transfer procedure at the vehicle registration office where he/she is permanently or temporarily residing.
* Place of registration:
-The police at the commune level where you reside will transfer the motorbike's ownership.
-The district police where you reside will transfer the car ownership.
*Vehicle registration documents include:
-Vehicle registration certificate (Clearly state the purchase and sale process and commitment, take responsibility for the legal origin of the vehicle).
-Registration fee certificate.
-Certificate of registration and license plate revocation (with a copy of the engine number and chassis number stamped by the vehicle registration agency).
Step 3: The person who needs to transfer the vehicle name will receive an appointment paper within 30 days. The competent authority will verify the vehicle registration data.
Step 4: Process vehicle registration transfer
After 30 days, if there is no dispute or complaint, the vehicle registration authority will issue a decision to impose a penalty for not completing the recall procedure and resolve the vehicle registration transfer for the person currently using the vehicle.
How much is the fine for selling a car without completing the registration and license plate revocation procedures?
Circular No. 24/2023/TT-BCA stipulates that from August 15, 2023, when selling a vehicle, the owner must return the registration and license plate to the police for repossession procedures and cannot transfer it to the new owner. Within 30 days from the date of completing the vehicle sale paperwork, the owner must complete the repossession procedures, otherwise he will be subject to administrative penalties. For motorbikes, violators will be fined from 800,000 to 2 million VND; for cars, the fine is from 2-4 million VND, for organizations, the fine will be doubled.
In addition to the above penalties, when selling a vehicle without transferring the name, the identification plate is still managed by the previous owner. In case of an accident or traffic violation, the vehicle owner must be legally responsible for the vehicle attached to his identification plate. When conducting verification and investigation procedures, the police will work with the first vehicle owner. Accordingly, the Traffic Police Department recommends that when transferring or buying and selling a vehicle, it is necessary to immediately transfer the ownership according to regulations to avoid legal problems.
Minh Hoa (t/h)
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