Sharing a motorbike is not punishable by a 'transfer of ownership' violation.

Borrowing a motorbike from a spouse or friend is not punishable; only the owner who fails to transfer ownership will be fined.

Information regarding the requirement for buyers and recipients of motorcycles to complete the ownership transfer procedures before December 31st has caused confusion among many people, who believe that riding a motorcycle without proper ownership documents will result in a fine. However, this is a misunderstanding.

In reality, the regulations are issued to control "owners" of motorbikes, not "all motorbike riders on the road." That is, those who own motorbikes, whether purchased from others or received as gifts, must complete the ownership transfer procedure; otherwise, they will be fined from January 1, 2017, according to Decree 46/2016, with fines ranging from 100,000 to 200,000 VND for individuals and 200,000 to 400,000 VND for organizations.

Not everyone who rides a motorbike that isn't registered in their name will be fined.

When questioned, legal experts and traffic police officers all stated that it's not the case that anyone riding someone else's motorbike will be fined. For example, if Mr. A buys a motorbike from Mr. B for personal use but doesn't transfer ownership, and Mr. B remains the registered owner, then Mr. A will be fined if authorities discover this.

Mr. A's wife, Ms. C, also owns a motorbike, registered in her name. It's normal for Mr. A to use Ms. C's motorbike when needed; there's no law prohibiting this, and Mr. A will not be fined. The same applies if he borrows a motorbike from a friend, colleague, or rents one.

If Mr. A is riding his wife's motorbike and violates traffic laws, getting pulled over by the police, the offense would result in the motorbike being impounded for 30 days. At this point, the police will check the documents and verify if Ms. C is the owner of the motorbike. If the police confirm that Ms. C is indeed the owner and Mr. A's wife, then Mr. A will not be fined for "driving a vehicle without proper ownership documents," but only for the traffic violation. Furthermore, the cost of impounding the motorbike for 30 days will be borne by the owner, Ms. C. Simply put, "whoever is at fault is responsible." The driver is responsible for the traffic violation, but the owner is responsible for the administrative penalty.

For this reason, the seller should proactively suggest that the buyer complete the ownership transfer procedures. Otherwise, in the event of an accident or theft, the authorities will contact the previous owner for investigation, causing significant inconvenience.

Previously,The Traffic Police Department (Ministry of Public Security) has instructed local traffic police to encourage people to complete the procedures for transferring ownership of two-wheeled motorcycles, three-wheeled motorcycles, and motorbikes (including electric motorbikes) before December 31st. This applies to vehicles that have been transferred through multiple owners but lack documentation or have incomplete documentation. For cases where applications have already been received, units must not allow them to remain pending and must process them before January 1st, 2017.

According to Decree 46/2016 on traffic penalties, individuals will be fined between 100,000 and 200,000 VND, and organizations between 200,000 and 400,000 VND, for owners of motorcycles, mopeds, and similar vehicles who fail to register the transfer of ownership as required when purchasing, receiving as a gift, being allocated, transferred, or inheriting a motorcycle, moped, or similar vehicle.

According to VNE