While waiting for a circular from the Ministry of Public Security, traffic police will not penalize the present owner of a vehicle who has failed to carry out procedures for an ownership change, said a high-ranking government official.

>> Foreigners, like others, need proof of bike rental under new law>> No penalty for drivers of vehicles they do not own Vu Duc Dam, Minister and Chairman of the Government Office, made the statement at a press conference yesterday when he was asked by reporters about controversial Decree 71 that took effect on November 10. According to the Decree, police must penalize people, including foreigners,who possess a vehicle that could have been sold, transferred or presented to them while procedures for a change of ownership have yet to be completed. The stated fine is VND2-4 million (US$96-192) for owners of motorbikes and VND6-10 million for car owners. Specifically, a fine will be issued in case police can prove that a vehicle’s ownership has been changed for more than 30 days, but the procedures for this transfer have not been carried out. In a complex case, police can ask the previous owner of the vehicle for clarification.

Since it took effect, the Decree has provoked different responses from the public and law agencies. Dam said. “Therefore, at its meeting yesterday, November 29, the Government assigned the Justice, Public Security, and Transport Ministries to review the decree and then submit their proposals to the Government for consideration.” As previously reported, a number of lawyers said such penalties are groundless. Lawyer Nguyen Thi Minh Huyen, from the Ho Chi Minh Bar Association, said that neither the Traffic Law nor the Civil Code has an article that requires the owner of a vehicle to go through an ownership change when they sell or present the vehicle to another person. Another lawyer, Vo Xuan Trung, from the same association, said that if a driver of a vehicle can show the vehicle registration certificate to traffic police, then that driver cannot be fined, in case he or she is not the owner of the vehicle.