In fact, in many cases, people who buy motorbikes at used motorbike shops are only given the vehicle registration papers in the name of the original owner and the vehicle sale papers stamped by the shop or the vehicle sale papers handwritten by another owner (meaning the vehicle has been bought and sold for many generations, no longer in the owner's name), without notarized sales documents.
Therefore, when the vehicle registration is lost, it cannot be reissued, and the vehicle in use becomes a vehicle without papers.
Responding to VTC News reporters about this situation, lawyer Tran Van Huy - Deputy Director of Bao Tin Law Company Limited - commented that cases of buying used motorbikes, having handwritten documents and vehicle registration papers but not yet transferring ownership, create inconveniences in traffic when participating in road traffic.
"Not to mention the incident of losing vehicle registration papers that have not been transferred causes a lot of trouble for people because the procedures are more difficult than usual. And to ensure the rights of people who have bought vehicles through many owners but lack vehicle purchase documents or lost vehicle registration papers, to transfer the ownership of their own vehicles, simplifying vehicle registration and transfer procedures, the Ministry of Public Security issued Circular 24/2023 effective from August 15, 2023," said Mr. Huy.
Lawyer Tran Van Huy stated that in case of lost vehicle registration papers, vehicle purchase and sale documents and the ownership has not been transferred but the re-issuance is desired, the procedure is carried out according to Article 31 (Resolving vehicle registration transfer for vehicles with ownership transferred to many organizations and individuals) of Circular 24/2023.
Procedures for transferring ownership of motorbikes and cars not in the owner's name when documents are lost
The Deputy Director of Bao Tin Law Company Limited said that the person using the vehicle must complete the procedure to revoke the vehicle records before completing the procedure to register the vehicle name change. In case the agency managing the records is also the agency handling the vehicle name change registration, the revocation procedure is not required.
Step 1: Carry out procedures to revoke vehicle records (revoke registration certificate, license plate)
The person using the vehicle must go to the police agency that is managing the vehicle registration file, present documents (citizen identification card/passport for individuals or tax code notification, business registration for organizations) and submit the application, complete the procedures to be issued a certificate of registration revocation, vehicle license plate.
Specifically, the person using the vehicle must declare and submit a vehicle registration and license plate revocation declaration; return the vehicle registration certificate (if any) and license plate; 2 copies of the engine number and chassis number; and a copy of the vehicle ownership transfer document so that the vehicle registration agency can carry out the procedures for issuing a vehicle registration and license plate revocation certificate according to regulations.
Vehicle users can also use their level 2 electronic identification account to do this procedure online on the public service portal.
Step 2: Vehicle registration procedure
The person using the vehicle must register the vehicle name change at the vehicle registration office where the vehicle is headquartered or where he/she resides (permanent or temporary residence), and submit the following documents and certificates:
Vehicle registration declaration, clearly stating the purchase and sale process and commitment, taking responsibility for the legal origin of the vehicle (clearly stating the legal purchase and sale process, delivery of the vehicle, commitment to take legal responsibility for the origin of the vehicle, the purchase and sale process, delivery of the vehicle).
Vehicle ownership transfer documents of the vehicle owner and vehicle ownership transfer documents of the last seller (if any), including purchase, sale, and donation contracts of the original owner and previous owners...
Registration fee documents as prescribed (message notifying registration fee payment from the public service portal or from the tax authority or payment paper to the State budget, registration fee payment notice from the tax authority, registration fee payment receipt...).
If the agency managing the vehicle records is different from the agency handling the vehicle transfer procedures (for example, the person using the vehicle resides in a different place than the original vehicle owner or has a legal transfer document from the last seller in a different province than the original vehicle owner): submit a certificate of registration revocation and vehicle license plate (with a copy of the engine number and chassis number and the vehicle registration agency's seal on the copy of the engine number and chassis number).
If the agency managing the vehicle records is also the agency handling the vehicle registration transfer (for example, the person using the vehicle has the same place of residence as the original vehicle owner or has a legal transfer document from the last seller in the same province as the original vehicle owner): because there is no need to carry out the vehicle record revocation procedure, the person using the vehicle submits the vehicle registration certificate and license plate in lieu of the registration revocation certificate and license plate.
Responsibilities of the vehicle registration authority
In addition to guiding procedures for organizations and individuals using vehicles, lawyer Tran Van Huy said that Article 31 of Circular 24/2023 also clearly states the responsibilities of the vehicle registration agency.
Specifically, in case an organization or individual is using a vehicle with a vehicle ownership transfer document from the vehicle owner and a vehicle ownership transfer document from the last seller: within 2 working days from the date of receiving all valid vehicle documents, the vehicle registration authority shall issue a decision to impose a penalty for not carrying out the required recall procedures and registering the vehicle name change as prescribed.
In case an organization or individual is using a vehicle without the vehicle owner's vehicle ownership transfer document and the vehicle ownership transfer document of the last seller: the vehicle registration authority shall issue a valid appointment to use the vehicle for 30 days.
"Within 2 working days from the date of receiving the vehicle registration transfer application, the vehicle registration agency must send a notice to the vehicle owner and the vehicle registration agency that registered the vehicle; publicly post the receipt of registration application documents from organizations and individuals at the vehicle registration agency's headquarters; look up and verify the stolen vehicle archive and vehicle registration data.
After 30 days, if there is no dispute or complaint, the vehicle registration agency will issue a decision to impose a penalty for not completing the procedures to withdraw and resolve the vehicle registration transfer according to regulations," Mr. Huy quoted the circular.
The lawyer added that within 7 working days from the date of receiving the document from the vehicle registration agency requesting verification, the unit managing stolen vehicle data and evidence vehicles must respond in writing to the vehicle registration agency.
ANH NHAT (vtc.vn)
Source link
Comment (0)