Please ask about the latest regulations related to buying and selling used motorbikes in 2023 such as: Do you need notarization to buy and sell used motorbikes? What are the procedures for changing the name? - Reader Thanh Hung
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Buying and selling used motorbikes need notarization?
Pursuant to Clause 2, Article 11 of Circular 24/2023/TT-BCA stipulating vehicle ownership transfer documents, including one of the following documents:
- Electronic invoice data is received by the vehicle registration and management system from the public service portal or the tax authority's database. In case the vehicle does not have electronic invoice data, it must have a paper invoice or an invoice converted from an electronic invoice to a paper invoice according to the provisions of law;
- Decision of competent authority or document on sale, donation, inheritance of vehicle, financial documents of vehicle according to the provisions of law. Document on sale, donation, inheritance of vehicle of individual must have notarized confirmation or certification or confirmation of the agency, organization, unit where working (for armed forces and foreigners working in diplomatic missions, consular offices, representative offices of international organizations that register the vehicle at the address of the agency, organization, unit where working);
- For vehicles liquidated by the police: Vehicle liquidation decision of the competent authority and invoice for sale of public assets or invoice for sale of State assets;
- For vehicles liquidated by military agencies: Official dispatch confirming that the vehicle has been removed from military equipment by the Department of Vehicles and Machinery, General Department of Engineering, Ministry of National Defense and invoice as prescribed.
Thus, based on the above provisions, the document on the sale of a used motorbike (usually a vehicle sale contract) must be notarized at a notary organization (notary office or notary office) or certified at the People's Committee of the commune, ward or town.
How much is the registration fee when buying and selling used motorbikes?
Pursuant to Article 4 of Circular 13/2022/TT-BTC, motorbikes paying registration fee for the second time or more will be subject to a registration fee rate of 1% of the vehicle value for which the registration fee is calculated (VND).
In case the seller has declared and paid the registration fee for the motorbike at 2%, then sells it to the buyer in the area of a centrally-run city; a provincial city; or a town where the Provincial People's Committee is headquartered, the registration fee shall be paid at a rate of 5% of the value of the motorbike subject to registration fee (VND).
In case the motorbike has paid the registration fee at the rate of 5%, the next transfers will pay the registration fee at the rate of 1% of the value of the motorbike (VND).
The previous declared and paid fee area is determined according to the "Place of permanent residence", "Place of permanent residence registration" or "Address" stated in the vehicle registration or registration revocation certificate, license plate number and is determined according to the state administrative boundary at the time of registration fee declaration.
Latest registration procedure for changing ownership when buying and selling new and used motorbikes
(1) Procedures for revoking vehicle registration and license plates
- The vehicle owner (seller) declares the vehicle registration and license plate revocation declaration on the public service portal; provides the vehicle registration file code online; submits the revocation file and receives an appointment to return the vehicle registration results according to regulations. The revocation file includes the following documents:
+ Vehicle registration and license plate revocation declaration;
+ Vehicle owner's documents as prescribed (ID card/citizen identification card/passport...)
+ 02 copies of engine number and chassis number;
+ Vehicle registration certificate;
+ Vehicle license plate;
(In case of loss of vehicle registration certificate or license plate, the reason must be clearly stated in the registration revocation declaration form or license plate)
+ Copy of vehicle sales contract.
- After checking the valid vehicle records, the vehicle registration authority shall issue a certificate of registration revocation and license plate number revocation according to regulations (with a copy of the engine number and chassis number and the vehicle registration authority's seal on the copy of the engine number and chassis number): 01 copy is returned to the vehicle owner; 01 copy is kept in the vehicle records; in case of loss of the vehicle registration certificate, verification shall be carried out according to regulations.
(2) Registration procedures for name change
- Organization or individual receiving vehicle ownership transfer (buyer):
+ Log in to the public service portal and be responsible for fully declaring the contents specified in the vehicle registration declaration, signing or signing, clearly stating full name, stamping (if it is an agency or organization). In case it is not possible to do so on the public service portal, declare the vehicle registration declaration directly at the vehicle registration agency.
+ Bring the vehicle in for inspection, provide the vehicle registration code online and submit the application including the following documents:
++ Vehicle registration certificate;
++ Vehicle owner's documents as prescribed (ID card/citizen identification card/passport...)
++ Vehicle sales contract;
++ Registration fee documents as prescribed;
++ Certificate of registration and license plate revocation.
- After checking the vehicle records, if the vehicle is actually valid, the vehicle registration authority will issue a license plate according to regulations;
- Receive appointment paper for results, pay vehicle registration fee and receive license plate (for cases where vehicle owners have not been issued a license plate or have a license plate but are registering another vehicle); in case vehicle owners want to receive vehicle registration results via public postal service, they must register with the public postal service unit;
- Receive vehicle registration certificate and license plate (in case of re-issuance based on the identification number in case the identification number has been revoked) at the vehicle registration agency or from a public postal service unit.
Pursuant to: Article 14 and other provisions of Circular 24/2023/TT-BCA.
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