What are the risks of buying and selling used cars and motorbikes without transferring ownership?

Please let me ask what are the risks of buying and selling used cars and motorbikes without transferring ownership? - Reader Van Duong

1. 03 risks when buying and selling used cars and motorbikes without transferring ownership

1.1 Seller fined for not withdrawing vehicle registration and license plate

Specifically, at point a, paragraph 2, point b, clause 4, Article 6 of Circular 24/2023/TT-BCA, it is stipulated that when selling, donating, inheriting, exchanging, contributing capital, allocating, or transferring a vehicle (hereinafter referred to as transferring vehicle ownership):

- The vehicle owner must retain the vehicle registration certificate and license plate (not give it to the organization or individual receiving the vehicle ownership transfer) and submit the vehicle registration certificate and license plate to the vehicle registration authority to carry out the revocation procedure; in case of transferring vehicle ownership with the auction winning license plate, the vehicle owner must submit the vehicle registration certificate to the vehicle registration authority to carry out the revocation procedure;

- Within 30 days from the date of completing the vehicle ownership transfer paperwork, the vehicle owner must complete the revocation procedures; in case the above deadline has passed and the vehicle owner fails to complete the revocation procedures or hand over the vehicle registration certificate and license plate to the organization or individual receiving the vehicle ownership transfer to complete the revocation procedures, before handling the case, the vehicle registration authority shall issue a decision to sanction the vehicle owner for not completing the revocation procedures as prescribed.

* The administrative penalty for failure to comply with the revocation of vehicle registration and license plate as prescribed is as follows:

- Fine from VND 800,000 to VND 2,000,000 for individuals, from VND 1,600,000 to VND 4,000,000 for organizations that are owners of motorbikes, scooters and vehicles similar to motorbikes (Point e, Clause 5, Article 30, Decree 100/2019/ND-CP).

- Fine from VND 2,000,000 to VND 4,000,000 for individuals, from VND 4,000,000 to VND 8,000,000 for organizations that are owners of cars, tractors, specialized motorbikes and vehicles similar to cars (Point c, Clause 7, Article 30, Decree 100/2019/ND-CP).

1.2 The seller shall be responsible for any violations relating to the vehicle.

Pursuant to paragraph 2, point b, clause 4, Article 6 of Circular 24/2023/TT-BCA, if the vehicle owner does not carry out the revocation procedure after transferring vehicle ownership, he/she shall be legally responsible for any violations related to that vehicle.

1.3 Buyer fined for not transferring vehicle ownership

According to Point c, Clause 4, Article 6 of Circular 24/2023/TT-BCA, after the vehicle owner completes the recall procedure, the organization or individual receiving the transfer of ownership must complete the vehicle registration procedure according to regulations.

* The administrative penalty for not completing the vehicle registration procedure (to transfer the vehicle owner's name in the Vehicle Registration Certificate to your name) is as follows:

- Fine from 400,000 VND to 600,000 VND for individuals, from 800,000 VND to 1,200,000 VND for organizations that are owners of motorbikes, motorbikes and vehicles similar to motorbikes (Point a, Clause 4, Article 30, Decree 100/2019/ND-CP).

- Fine from VND 2,000,000 to VND 4,000,000 for individuals, from VND 4,000,000 to VND 8,000,000 for organizations that are owners of cars, tractors, specialized motorbikes and vehicles similar to cars (Point l, Clause 7, Article 30, Decree 100/2019/ND-CP).

Verification to detect this violation can only be done through investigation and settlement of traffic accidents; through vehicle registration (Clause 10, Article 80, Decree 100/2019/ND-CP).

2. Procedures for transferring ownership when buying and selling used cars and motorbikes

Specifically, Article 15 of Circular 24/2023/TT-BCA stipulates the procedures for vehicle registration, transfer and relocation as follows:

(1) Withdrawal procedure

- Vehicle owners declare the registration and license plate revocation declaration on the public service portal; provide the online vehicle registration file code; submit the revocation dossier as prescribed in Clause 1, Article 14 of Circular 24/2023/TT-BCA and receive an appointment to return the vehicle registration results as prescribed;

- After checking the valid vehicle records, the vehicle registration authority shall issue a certificate of registration revocation and license plate number revocation according to regulations (with a copy of the engine number and chassis number and the vehicle registration authority's seal on the copy of the engine number and chassis number): 01 copy is returned to the vehicle owner; 01 copy is kept in the vehicle records; in case of loss of the vehicle registration certificate, verification shall be carried out according to regulations.

(2) Procedures for vehicle registration, transfer and transfer

- Organizations and individuals receiving the transfer of vehicle ownership, vehicle owners (in case of moving the original owner): Declare the vehicle registration declaration as prescribed in Article 9 of Circular 24/2023/TT-BCA; bring the vehicle for inspection, provide the online vehicle registration file code and submit the documents prescribed in Clause 2, Article 14 of Circular 24/2023/TT-BCA;

- After checking the vehicle records, if the vehicle is actually valid, the vehicle registration authority will issue a license plate according to the provisions of Clause 2, Article 12 of Circular 24/2023/TT-BCA;

- Receive the appointment paper for the results, pay the vehicle registration fee and receive the license plate (in case the license plate is issued according to the provisions at Point a, Clause 2, Article 12, Circular 24/2023/TT-BCA); in case the vehicle owner needs to receive the vehicle registration results via the public postal service, he/she must register with the public postal service unit;

- Receive vehicle registration certificate and license plate (in case of license plate issuance according to regulations in Point b, Clause 2, Article 12, Circular 24/2023/TT-BCA) at the vehicle registration agency or from a public postal service unit.

In case of vehicle registration with original owner, the identification number plate (5-digit plate) will be kept; in case the old number plate is 3 or 4 digits, it will be changed to an identification number plate according to the regulations in Circular 24/2023/TT-BCA.

Source: https://baoquocte.vn/nhung-rui-ro-khi-mua-ban-xe-o-to-xe-may-cu-khong-sang-ten-240367.html