Question: I was fined and had my motorbike impounded by the traffic police. On the day I was supposed to pay the fine and get my vehicle back, the police asked me to show my papers, but the motorbike was not mine and the papers were in someone else's name. What should I do to get my motorbike back?
Reply:
Cars and motorbikes are one of the types of property that must be registered for ownership according to the provisions of law. Establishing property ownership of cars and motorbikes on the basis of purchase, sale, transfer, gift, inheritance, etc.
To be the owner of a car or motorbike, the documents of sale, transfer, donation, or inheritance must be notarized or certified. Then, within 30 days, the party transferring ownership of the car or motorbike must complete the procedures to revoke the vehicle registration and license plate at the vehicle registration agency. Failure to do so within this period will result in a fine. The fine for not completing the procedures to revoke the registration and license plate as prescribed is from 800,000 to 2,000,000 VND for motorbikes and from 2,000,000 to 4,000,000 VND for cars; organizations will be fined double.
According to Clause 4, Article 6 of Circular 24/2023 of the Ministry of Public Security , when transferring ownership of a car or motorbike, the seller must retain the vehicle registration and license plate to submit to the vehicle registration authority (district-level police) when carrying out the repossession procedure. The buyer must carry out the procedure for registering a new vehicle and be issued a license plate (identification).
However, currently, there are no regulations on keeping a vehicle without completing the name change procedure, except in cases where the driver cannot prove his ownership of the vehicle.
Therefore, to prove ownership of the vehicle, the driver needs to present the following documents: Vehicle ownership transfer contract (sales contract); Vehicle registration; Other relevant documents.
If the driver cannot present documents proving ownership, the vehicle will be detained for investigation in cases showing signs of criminal behavior.
In the above case, the driver must present the Vehicle Registration Certificate and the Vehicle Ownership Transfer Contract (Sales Contract). In case the vehicle sales contract has been lost, the driver must contact the person who made the contract to verify that the vehicle sale is legal. Only then will there be enough basis to prove that the driver is the owner of the vehicle currently being detained by the Traffic Police.
Minh Hoa (t/h)
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