Traffic police have no authority to stop vehicles to sanction for not transferring the ownership of vehicle

Traffic police have no authority to stop vehicles to sanction for not transferring the ownership of vehicle

On March 1st 2013, the Ministry of Public Security issued Circular 11/2013/TT-BCA guiding the detailed provisions for the implementation of a number of Articles in Decree 34/2010/ND-CP dated October 2nd 2010 and Decree 71/2012/ND-CP dated September 9th 2012, amending and supplementing a number of Articles in Decree 34 on sanctioning of administrative violations in the field of road traffic.

Notably in Article 9 of this Circular: when vehicle is on the road, it is not allowed for the police to stop to control and handle the behavior of “does not transfer the ownership of vehicle as prescribed”. Accordingly, for the vehicle on the road, the traffic police have authority to sanction for administrative violations in the field of road traffic and not allowed to stop the vehicle to control and handle the behavior of “does not transfer the ownership of vehicle as prescribed”.

Circular 11 also states that: The authority units through the registration for license plate, investigate, solve traffic accidents, through media, professional technical equipment, the case of violation in custody in accordance with and through the investigation of criminal cases, if detected the buyer or the seller of the vehicle does not transfer the ownership of the vehicle in accordance with Circular of the Ministry of Public Security regulating the vehicle registration, then must clearly identify the violation of “buying and selling vehicle that not transfer ownership” and penalty the cases that over a period of 30 days from the date of buying, selling that vehicle but not transferring the vehicle’s registration.

Circular 11 also provides specific guidance on the case of custody papers, violated vehicles, the penalties for juvenile traffic, the number of excess people carrying without penalties for each types of vehicle (vehicle with up to 9 seats are allowed to carry more one person, vehicles with more than 30 seats are allowed to carry more four people). In addition, the Circular also specifies the types of paper that needed to be presented at the time of control, including vehicle registration, driver’s license, certificate of safety inspection, engineering and environmental protection (in some cases). Without papers will be recorded in writing and custody vehicle.

Circular takes effect from April 15th 2013.