What to do if you win a car license plate auction but don't pay the full amount?

How long does it take to pay the winning bid for a car license plate? What happens if you win a car license plate auction but don't pay the full amount? - Reader Thanh Tung

1. Deadline for payment of winning car license plate auction

According to Article 16 of Decree 39/2023/ND-CP, within 15 days from the date of announcement of the auction results, the auction winner must pay the entire auction winning amount after deducting the deposit amount into the Ministry of Public Security 's specialized collection account opened at a bank or foreign bank branch. The auction winning amount does not include vehicle registration fees.

2. What to do if you win the car license plate auction but do not pay the full amount?

Article 19 of Decree 39/2023/ND-CP stipulates the cases of cancellation of auction results, announcement of auction results, confirmation of license plate of auction-winning automobile and the auction winner does not confirm the auction minutes as follows:

- Auction results are canceled in cases specified in the Law on Property Auction.

- The auction winner who does not confirm the auction minutes is considered as not accepting to enter into the contract for the sale of the auctioned property.

- The announcement of auction results and the document confirming the license plate number of the auctioned car will be canceled in the following cases:

+ The auction winner does not pay the full auction winning amount within the time limit specified in Article 16 of Decree 39/2023/ND-CP;

+ The auction winner does not complete the procedure to register the license plate of the auctioned car as prescribed in Point b, Clause 2, Article 6, Resolution 73/2022/QH15;

+ The auction winner violated the honesty of the auction registration documents.

-The license plate of the car that won the auction will be put up for re-auction; the deposit and the auction winning amount that the auction winner has paid will not be refunded and will be paid into the state budget in the above cases.

Thus, if the person who wins the car license plate auction does not pay the full amount, the notice of auction results and the document confirming the winning car license plate will be canceled, and the deposit and auction winning amount that the auction winner has paid will not be refunded.

3. Regulations on refund of winning vehicle license plate auction

- Within 12 months from the date of the document confirming the license plate of the auctioned car or the document extending the registration period in case of force majeure or objective obstacles, the auction winner has not registered the license plate of the auctioned car attached to the vehicle, the Ministry of Public Security will send a notice to the auction winner at the address registered in the auction registration file.

In case the auction winner dies, the legal heir of the auction winner will be refunded the auction winning amount paid (after deducting the auction organization costs as prescribed and without interest) according to the provisions of law.

- The request for refund of auction winnings includes:

+ Application for refund of auction winning car license plate;

+ Document of inheritance declaration or document of agreement on inheritance division has been notarized according to law;

+ Document confirming the license plate of the car winning the auction;

+ Power of attorney (if any);

+ Citizen identification of co-heirs.

- Within 15 days from the date of receiving the complete refund request dossier, the Ministry of Public Security is responsible for completing the procedures to refund the auction winnings of the license plate to the legal heir of the auction winner as follows:

+ In case of refund before the time of payment to the state budget: Refund will be made from the specialized collection account of the Ministry of Public Security opened at a bank or foreign bank branch;

+ In case of refund after the time of payment to the state budget: The Ministry of Public Security is responsible for checking and comparing the refund request file with the state budget payment documents of the previously paid amount. If appropriate, the Ministry of Public Security shall issue a refund decision and issue an order to refund the state budget revenue, and transfer it to the State Treasury where the state budget was collected to make the refund to the state budget payer.

(Article 23 of Decree 39/2023/ND-CP)

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