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Will I be fined for driving a car that is not in my name?
The error of not registering the vehicle in the owner's name is the common name for the error of not completing the vehicle registration procedure (to transfer the vehicle owner's name in the Vehicle Registration Certificate to one's own name) according to regulations when purchasing, being given, being gifted, being allocated, being transferred, or inheriting property such as a motorbike, scooter, or vehicle similar to a motorbike.
Thus, only those who buy, are given, or are gifted a car as mentioned above without completing the transfer procedures as prescribed will be penalized for not having the vehicle in their name. Borrowing a car from a relative or friend to drive on the road will not be penalized by the traffic police for not having the vehicle in their name.
In addition, Clause 10, Article 80 of Decree 100/2019/ND-CP stipulates:
Verification to detect non-owner vehicle errors can only be done through investigation, settlement of traffic accidents or through vehicle registration.
Thus, when driving on the road, traffic police will not check for errors in vehicles that are not registered to the owner.
Penalty for non-owner error in 2023
The fine for not registering the vehicle in the owner's name or not completing the vehicle registration procedure (to transfer the vehicle owner's name in the vehicle registration certificate to your name) according to regulations when purchasing, being given, being gifted, being allocated, being transferred, or inheriting property such as a motorbike, scooter, or vehicle similar to a motorbike is as follows:
- Fines 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.
- Fines from 400,000 VND to 600,000 VND for individuals, from 800,000 VND to 1,200,000 VND for organizations that own motorbikes, scooters and other similar vehicles.
(Point a, Clause 4, Point l, Clause 7, Article 30, Decree 100/2019/ND-CP)
When stopping a vehicle, what will the traffic police check?
According to Clause 2, Article 12 of Circular 32/2023/TT-BCA, when stopping a vehicle, the traffic police will check the following contents:
- Control documents related to people and vehicles, including:
+ Driving license;
+ Certificate of training in road traffic law, License, Certificate of driving specialized motorbikes;
+ Vehicle registration certificate or certified copy of Vehicle registration certificate with original valid receipt from credit institution (during the period the credit institution holds the original Vehicle registration certificate);
+ Inspection certificate, technical safety and environmental protection inspection stamp, Certificate of validity of Inspection Certificate and Inspection Stamp (for types of vehicles that are required to be inspected);
+ Certificate of compulsory civil liability insurance of motor vehicle owners;
+ Other necessary documents as required.
When the databases are connected to the electronic identification and authentication system and information about the status of documents is determined, the control through checking and comparing information of those documents in the electronic identification account is as valuable as directly checking the documents;
- Control traffic conditions of vehicles
Perform control in order from front to back, from left to right, from outside to inside, from top to bottom, including the following contents:
+ Shape, external dimensions, paint color, front, rear and side license plates of the vehicle;
+ Technical safety and environmental protection conditions of road motor vehicles and specialized motorbikes according to regulations;
- Control compliance with legal regulations on road transport safety
Control the legality of goods, types, volume, quantity, specifications, sizes; objects; actual number of people carried compared to the permitted number of people and safety measures in road transport;
- Control other relevant content according to the provisions of law.
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