Mua xe cũ cần biết rõ 2 trường hợp sau đây tránh rắc rối về sau

Thầy Trọng TV

2 Aug 202210:17

Summary

TLDRThis video script offers a detailed guide on the process of buying and selling used cars in Vietnam. It explains the importance of transferring ownership and the legal aspects involved, such as obtaining power of attorney and public notarization. It also covers the steps to follow after the sale, including registering the vehicle with the local police, dealing with taxes, and the potential risks of buying a car without proper documentation. The script aims to educate viewers on the necessary procedures to ensure a smooth and legal transaction when purchasing a used vehicle.

Takeaways

🚗 The video discusses the process of buying a used car, emphasizing two main conditions: buying without proper authorization and buying with authorization.
📝 It explains the difference between buying a car with authorization and without it, highlighting the importance of having the original owner's consent.
🔑 Authorization ('ủy quyền') is a document that gives someone the right to sell the car on behalf of the owner, and it's crucial for the buyer to ensure they have this document to avoid disputes.
💰 The cost of obtaining an authorization document is relatively low, typically around 100k, which is a small price to pay for peace of mind.
🏢 The video mentions that both the authorization and the sales contract need to be notarized, which adds a layer of legal protection to the transaction.
📑 The notarization process for a sales contract can be more expensive than for an authorization, varying by location, but is necessary for a legitimate transaction.
🛣️ After the sale, the buyer must go through a series of bureaucratic steps, including registering the car with the local police station and possibly transferring the car's registration to a new district.
📈 The video outlines the process of transferring the car's registration, which involves going to the local police station and providing the necessary documents, including proof of ownership.
💼 It is important for the buyer to understand the tax implications of buying a used car, which can vary based on the city or province they are in.
📝 The script mentions that after the contract is signed and notarized, the buyer must wait for the police to issue a 'pre-appointment' document, which is a step towards getting the new license plate.
📆 The entire process can take time, with the video suggesting a wait of about 10 to 15 days for the pre-appointment document, and then additional time for the final registration.

Q & A

What are the two main conditions when buying a used car?
-The two main conditions are buying without transferring the name or with authorization, and buying with the name transferred or with authorization.
What is the difference between buying a car with authorization and buying with the name transferred?
-Buying with authorization means the buyer has the right to use and sell the car but is not the legal owner. Buying with the name transferred means the car's ownership is legally transferred to the buyer.
What is the significance of a power of attorney in the context of buying a used car?
-A power of attorney is a document that grants someone the right to act on behalf of the car owner in transactions, making the process smoother for the person who has been authorized.
What changes have been made in the law regarding the power of attorney for used car transactions?
-The law has been updated to require both spouses to be present and have a marriage certificate if they are married, to grant or receive a power of attorney for a used car.
What are the steps a buyer should take after purchasing a used car?
-After purchasing, the buyer should sign a sales contract, which needs to be notarized, and then go to the local police station to register the car under their name.
Why is it important to have a notarized sales contract when buying a used car?
-A notarized sales contract ensures the legality of the transaction and provides proof of the car's transfer of ownership, which is necessary for registration purposes.
What is the process like if the seller does not have a marriage certificate?
-If the seller is unmarried, they must provide a certificate of being single. After having a notarized sales contract, they need to go to the local police station to register the car under the buyer's name.
What are the two scenarios that may occur when trying to register a used car at the local police station?
-The two scenarios are either retrieving the original documents of the car or having the car's registration plate and documents recalled by the police.
What is the purpose of the 'appointment paper' mentioned in the script?
-The 'appointment paper' is a document that confirms the registration process of the car and is used to schedule the appointment to obtain the new registration plate.
What tax considerations should a buyer be aware of when buying a used car?
-The buyer should be aware of the tax rates which vary depending on the city or province. For example, in Ho Chi Minh City, the tax rate is 1%, but it could be 5% if transferring from certain provinces.
What should a buyer do after paying the tax for a used car?
-After paying the tax, the buyer should take the car to the local police station to register the chassis and engine number, and then wait for the new registration documents to be issued.

Outlines

00:00

🚗 Understanding the Process of Buying a Used Car

This paragraph discusses the intricacies of purchasing a used car, focusing on the two primary conditions: buying without proper authorization or with authorization. It explains the concept of 'authorization' where a person can buy a car on behalf of the original owner with a simple power of attorney document, which is cost-effective. The paragraph also touches on the responsibilities and rights of the person with authorization, emphasizing their full power to sell or transfer the car. It also mentions the importance of a sales contract, which must be notarized, and the potential costs involved. The speaker promises to delve deeper into the specifics of the process in the following video.

05:00

📜 Post-Purchase Procedures for a Used Car

After the purchase of a used car, this paragraph outlines the necessary steps to complete the transaction legally. It starts with the requirement of a notarized sales contract and then moves on to the process of registering the vehicle at the local police department, which involves retrieving the original vehicle records or dealing with a potential recall of the vehicle's registration. The paragraph also explains the different scenarios that may occur, such as moving the vehicle registration from one district to another within the same province or across different provinces. It highlights the importance of obtaining a 'promise paper' from the police and the subsequent steps of registering the vehicle in the buyer's current district, including the need to pay taxes based on the type of city or province and the final steps of updating the vehicle's registration.

10:01

🔒 Ensuring Legal Compliance and Future Transactions

The final paragraph emphasizes the importance of legal compliance when buying a used car to avoid future disputes or issues with the vehicle's legality. It advises buyers to ensure all paperwork is in order, including notarized documents, to have peace of mind. The paragraph also touches on the benefits of having clear documentation for future sales, ensuring a smooth transaction process. The speaker encourages viewers to stay tuned for more informative videos on the topic.

Mindmap

Keywords

💡Used Car

A used car refers to a vehicle that has had one or more previous owners. In the video's context, the theme revolves around the process and considerations of buying and selling used cars, including the legal and practical aspects involved in such transactions.

💡Power of Attorney

Power of Attorney is a legal document that allows an individual, known as the 'agent' or 'attorney-in-fact,' to act on behalf of another individual, known as the 'principal.' In the video, it is mentioned as a method for transferring vehicle ownership without the need for the original owner's direct involvement.

💡Vehicle Registration

Vehicle registration is the process of recording a vehicle's information with a government authority. The video discusses the importance of vehicle registration in the context of selling and transferring ownership of a used car, including the need to update the registration when a car is sold.

💡Notarization

Notarization is the process of certifying a document by a notary public to ensure its authenticity. In the video, notarization is mentioned as a necessary step for documents like the power of attorney and the sales contract to be legally recognized in the process of transferring vehicle ownership.

💡Sales Contract

A sales contract is a legal agreement between a buyer and a seller that outlines the terms and conditions of a sale. The video emphasizes the importance of having a notarized sales contract when buying or selling a used car to ensure a legal and binding transaction.

💡Vehicle Inspection

Vehicle inspection refers to the examination of a vehicle's condition, often to verify its safety and functionality. The script implies that a used car should be inspected and possibly repaired before being resold to ensure it is in good condition for the new owner.

💡License Plate

A license plate is a metal or plastic plate attached to a vehicle to display the registration number assigned by the government. In the video, obtaining a new license plate is part of the process after a used car is sold and the ownership has been legally transferred.

💡Tax Payment

Tax payment is the process of paying taxes to the government, which in the context of the video, refers to the taxes associated with the sale of a used car. Different rates may apply based on the location and type of vehicle, and the script mentions the need to understand and pay these taxes correctly.

💡Traffic Accident

A traffic accident is an unexpected event resulting in damage or injury involving a vehicle on a public road. The video mentions the risk of disputes or issues with a used car that has been involved in an accident, emphasizing the importance of checking the vehicle's history.

💡Forgery

Forgery is the act of creating a false document or signature with the intent to deceive. The script warns against the risks of buying a used car with forged documents, which can lead to legal complications and the inability to transfer ownership legally.

💡Vehicle History

Vehicle history refers to the record of a vehicle's past, including ownership changes, repairs, and accidents. The video script stresses the importance of checking the vehicle history to ensure there are no hidden issues or risks associated with the car being purchased.

Highlights

Discussion on two main situations when buying a used car: without transferring the title and with transferring the title or power of attorney.

Explaining the process and costs of obtaining a power of attorney for a used car, including the need for notarization.

Changes in the law requiring both spouses to be present for notarization if the car owner is married.

Details on the flexibility and authority granted by a power of attorney in car transactions.

The role of intermediaries and car dealerships in handling power of attorney and reselling used cars.

Clarification on the need for a sales contract in addition to power of attorney when transferring car ownership.

Importance of notarizing the sales contract to ensure legal validity.

Steps involved in transferring car ownership, including obtaining the original vehicle registration and license plate.

Differences in procedures when transferring ownership within the same province versus between different provinces.

Necessary steps to be taken after notarizing the sales contract, including registering the car with the new owner's local police.

Requirement to pay vehicle registration tax, with rates varying based on the location.

Specific tax rates for urban and rural areas, highlighting the higher rates in urban areas.

The process of verifying the vehicle's frame and engine numbers with the police.

Estimated timeframes for completing the car registration process after paying the necessary taxes.

Encouragement for buyers to transfer the title to their name to avoid potential legal issues.

Potential risks of not transferring ownership, including disputes, untraceable vehicles, and involvement in illegal activities.