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Fine for non-transfer of vehicle ownership to apply in Jan

Fine for non-transfer of vehicle ownership to apply in Jan

Saturday, November 16, 2013, 13:50 GMT+7

As of January 1, 2014,  the owner of a vehicle who has failed to carry out procedures for an ownership change will be fined, according to a new governmental decree.

>> Fine for not transferring vehicle ownership should be abolished >> No penalty for drivers of vehicles they do not own Under Decree 171/2013 issued on November 13, 2013, police will penalize those who possess a vehicle that could have been sold, transferred or presented to him while procedures for change of ownership have yet to be completed. Accordingly, if the violator is an individual, the fine is VND100,000-200,000 (US$9.6) for motorbikes and VND1-2 million ($96) for cars. In case the violator is an organization, the fine rates are doubled, which means VND200,000-400,000 (US$19.2) for motorbikes and VND2-4 million ($192) for cars. These fine rates are much lower than those provided for in Decree 71/2012 issued on September 19, 2012, which will be replaced by the new Decree that will take effect on January 1, 2014. Under Circular 11 that guides the implementation of Decree 71, the fine is as much as VND1 million ($48) for motorbike owners and VND8 million for car owners. Last year, the fine was opposed by a number of lawyers. In an interview with Tuoi Tre in November 2012, lawyer Tran Thi Mien said this rule has been strongly opposed by many people who argued that police has no right to apply such a penalty because there is no laws that require the owner of a vehicle to make ownership transfer. The lawyer said that such a penalty is groundless since it is not based on any laws, including the Road Traffic Law. "Article 58 of the Law regulates conditions for drivers of vehicles to join in traffic, but these conditions do not include vehicle ownership transfer."

Similarly, lawyer Nguyen Thi Minh Huyen, from the Ho Chi Minh Bar Association affirmed that neither the Traffic Law or Civil Code has an article that requires the owner of a vehicle to go through an ownership change when that owner sells or presents the vehicle to another person.

Lawyer Vo Xuan Trung, from the same association, also said that if a driver of a vehicle can show the vehicle registration certificate to traffic police, then that driver cannot be fined, even though the name shown on the certificate and the name of the driver can be different.

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