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Can used car ownership be transferred by handwritten document?

Công LuậnCông Luận12/10/2024


According to Article 119 of the 2015 Civil Code, civil transactions can be conducted orally, in writing, or through conduct. Transactions conducted electronically in the form of data messages are also considered written transactions. However, in cases where required by law, civil transactions must be in writing, notarized, certified, or registered with a competent authority.

Therefore, in principle, a handwritten car sales agreement between the buyer and seller is completely legally valid if both parties have clearly agreed on the transfer of the asset. However, to complete the procedure of transferring ownership at the state agency, specific regulations regarding documents and legal procedures must be followed.

Buying and selling used cars can involve transferring ownership with a handwritten document (Figure 1).

It is possible to transfer car ownership using a handwritten bill of sale.

Circular 24/2023/TT-BCA: Specific guidance on transferring vehicle ownership using handwritten documents.

From August 15, 2023, Circular 24/2023/TT-BCA specifies the procedures for transferring vehicle ownership for cars that have had multiple previous owners, especially those transactions conducted using only handwritten documents. Specifically, the current owner of the vehicle must go to the agency that manages the vehicle's registration records to complete the procedures for revocation and transfer of ownership.

In cases where transfer documents are complete: If the buyer has documents proving the transfer of ownership from the previous owner and the last seller, the vehicle registration authority will process the procedure within 2 working days. At the same time, the vehicle user may be subject to administrative penalties if they did not previously complete the vehicle repossession procedure as required.

In cases where transfer documents are incomplete: If the transfer documents from previous owners are not complete, the vehicle registration authority will issue a permit to use the vehicle for 30 days. During this time, the authorities will verify and publicly disclose the information in the transfer registration file to check for any disputes or claims related to the vehicle.

After 30 days, if there are no complaints, the vehicle registration authority will complete the transfer of ownership and handle the violation related to the failure to complete the vehicle repossession procedure within the specified timeframe.



Source: https://www.congluan.vn/mua-ban-xe-o-to-cu-co-the-sang-ten-bang-giay-viet-tay-post316492.html

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