Is it lawful to arbitrarily decorate a motorcycle?

My motorbike was black originally. After using it for a while, the cover of the motorbike was peeling off. Because I wanted to refurbish the motorbike so that it would look newer, I painted the motorbike in yellow, stuck a few pictures on it. Yesterday, I was stopped by the police and fined 150,000 VND. I find it unreasonable when I get penalized for fixing my own assets. Please let me know the provision of law related this case. Thank you.

FDVN’s opinion:

Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:

Clause 2 Article 55 of the Law on Road Traffic 2008 stipulates: "Owners of vehicles may not alter the structure, components or systems of their motor vehicles against the manufacturer designs or modification designs already approved by competent agencies."

Regarding the sanctioning form, Clause 1, Article 30 of Decree 100/2019/ND-CP also provides as follows: "For owners of mopeds and motorcycles: A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon an individual, from VND 200.000 to VND 400.000 upon an organization which deliberately changes brand and color of vehicle causing inconsistent with certificate of vehicle registration."

Thus, the fact that you arbitrarily repainting the motorcycle, sticking more stickers to change the design of the manufacturer leading to the differences between your motorbike and the vehicle registration certificate and were fined 150,000 VND by the traffic police is legal.

Therefore, in this case, if you cannot restore the original status, you can apply for the re-issuance of the vehicle registration certificate as prescribed in Clause 1 Article 14 of Circular 15/2014/TT -BCA.

According to Clause 3, Article 14 of Circular 15/2014 / TT-BCA, a dossier of application for re-issuance of a vehicle registration certificate due to a change in vehicle color includes:

• Vehicle registration certificate (Form No. 02 attached to the Circular);
• Vehicle owner's papers as prescribed in Article 9 of the Circular;
• Return the vehicle registration certificate.

Remark: When completing the procedure to re-issue the vehicle registration certificate, you must bring the vehicle to the inspection point.

FDVN Law Firm's legal opinions regarding the request of the client base on studying legal regulations. Hopefully, FDVN's advice will be helpful to you.

Hoang Thuy Quynh – FDVN Law Firm

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