Car purchase and sale contract between an individual and an organization or company is a form of property purchase and sale contract between an individual and the legal representative of the organization. The following article will provide a sample of a car sales contract between a company and an individual and related information for your reference when composing this contract form.
first. What is a car sales contract?
According to the provisions of Article 430 of the Civil Code 2015, a property sale and purchase contract is an agreement between the parties in which the seller will transfer the ownership of the property to the buyer and the buyer will pay the seller. In this case, the car is a legal asset class and is therefore within the scope of the contract of sale of the property.
see more: Procedures and fees for notarization of car transfer contracts
2. Model car purchase and sale contract between an individual and a company or organization:
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
CAR BUY AND SELL CONTRACT
Number: …../…../HDRED
At Notary Office No. … city …… (In case the notarization is done outside the head office, write the location of notarization and the Notary Office), we include:
I. PARTY INFORMATION:
SELLER (hereinafter called PARTY A):
Organization Name: …
Headquarters:…
Establishment Decision No.… Date… Month…. year…do….
Business Registration Certificate No: …date…. month …. year
Do: …..
Fax number: …
Phone number:…
Full name of the representative:… Date of birth:…
Position: ….
Identity card number:….
According to power of attorney (in case of authorized representative) No: …
THE BUYER (Hereafter CALLED TO PARTY B):
Grandparents):….
Date of birth:…
CCCD number: …
Permanent residence (if you do not have a permanent residence, please register temporary residence): ….
II. CONTENT CONTRACT:
ARTICLE 1: VEHICLES FOR SALE
1. Vehicle characteristics:
a) Number plate: …..
b) Brand: ….
c) Cylinder capacity: ….
d) Vehicle type: …
e) Paint color: …
f) Machine number: …..
g) Frame number: ….
h) Other characteristics:…
2. Vehicle registration number: ….
(If the property is purchased and sold in large quantities, please list the characteristics and Registration Certificate of each vehicle as above.)
ARTICLE 2: BUYING PRICE AND PAYMENT METHOD
1. Purchase price: …..
Write in words: ….
2. Payment method: ….
3. The payment of the aforesaid amounts shall be made by both parties themselves and shall be responsible before the law.
ARTICLE 3: TIME, LOCATION AND MODE OF VEHICLE DELIVERY
Deliver car on day: ….
In: …
Payment methods: …
ARTICLE 4: OWNERSHIP RIGHTS
1. Party A is responsible for registering vehicle ownership at a competent authority (specify agreements related to registration);
2. Ownership of the vehicle is transferred to Party B from the time of completing the procedures for registration of vehicle ownership;
ARTICLE 5: PAYMENT OF TAXES AND PROTECTION FEES
Taxes and fees related to the purchase and sale of the vehicle under this Contract shall be borne by the Party …. in charge of submit to state agencies in accordance with the law.
ARTICLE 6: DISPUTE SETTLEMENT METHODS
When a dispute occurs during the implementation process, the parties must organize negotiations to settle it on the principle of respecting the other’s interests. In the event that an agreement cannot be reached, either party has the right to initiate a lawsuit and request a competent court to settle it in accordance with the law.
ARTICLE 7: ASSESSMENT OF THE PARTY PARTIES
Party A and Party B agree to take responsibility before the law for the following in this Contract:
Party A undertakes:
a) Personal and vehicle information stated in the Contract is correct;
b) Vehicles purchased and sold have no dispute and have not been handled by competent state agencies in accordance with law;
c) The conclusion of this Contract is completely voluntary, not deceived or forced;
d) To properly and fully perform all agreements stated in this Contract;
e) Other commitments as required by Party B or the law.
Party B undertakes to:
a) The personal information stated in this Contract is correct;
b) Having thoroughly checked the vehicle for sale and purchase and the documents proving the vehicle’s ownership;
c) The conclusion of this Contract is completely voluntary, not deceived or forced;
d) To properly and fully perform all agreements stated in this Contract;
e) Other commitments as required by Party A or the law.
ARTICLE 8: FINAL TERMS
Options to confirm that the two parties have read, understood and agreed to the terms of the contract before signing and in the presence of an authorized person include:
– Both parties have fully understood their legal rights, obligations and interests, the meaning and legal consequences of entering into this Contract and have signed this Contract in the presence of a person competent to certify. .
– Both parties have read the Contract themselves, have understood and agreed to all the terms stated in the Contract and signed this Contract in the presence of an authorized person, or pointing to this Contract.
– The two parties have heard the authorized person read the Contract, have understood and agreed to all the terms stated in the Contract and signed this Contract in the presence of the authorized person, or only to this Agreement.
– The two parties have heard the witness read the Contract, understood and agreed to all the terms stated in the Contract and signed this Contract in the presence of a person competent to certify, or point to the Contract. this coin.
– The contract takes effect from the date: ….
The contract is made in two copies, each party keeps one copy.
SELLER
BUYER
(signed and stamped)
(signature, fingerprint and full name)
VERIFICATION OF AUTHORIZED PERSONS
Date .…. year .…..
In: ……
I (specify full name, position of the person performing the authentication): …….
Place of residence/work: ….
AUTHENTICATION:
– Party A is…. and Party B is … has voluntarily agreed to enter into a Vehicle Purchase and Sale Contract and undertakes to be responsible before the law for the content of this Contract.
– The parties have full civil act capacity in accordance with the provisions of law at the time of contract authentication.
– The content of the agreement of the parties in this Contract fully complies with the provisions of law and social ethics.
– The parties have read and agreed to the entire content stated in this Contract, and signed, only in the presence of me, who has the authority to authenticate.
– This contract is made in … originals (each original includes … sheets, … pages), issued to:
+ Party A… the original;
+ Party B…the original;
+ Keep one original at the Justice Department.
Authentication number … , book number…TP / CC- .…
CERTIFICATE AUTHORITY PERSON
(sign, stamp and clearly state name and position)
3. Subjects participating in a car purchase and sale contract between a company and an individual:
3.1. Individual:
An individual’s capacity to participate in civil transactions depends on his/her civil act capacity, which is specified in the 2015 Civil Code. Accordingly:
– Adults have full civil act capacity, except for cases of loss or limitation of civil act capacity or difficulties in perception and behavior control;
– Persons under the age of six who perform civil transactions established by their legal representatives;
Persons between full six years old and under fifteen years of age who establish and perform civil transactions must obtain the consent of their legal representatives, except for transactions serving daily living needs appropriate to their age. ;
Persons between full fifteen years of age and under eighteen years of age shall establish and perform civil transactions by themselves, except for transactions related to real estate, movable property which must be registered and other civil transactions in accordance with the provisions of law. must have the consent of the legal representative.
So, to enter into a car purchase and sale contract, an individual needs to meet the following conditions:
– Adults with full civil act capacity can participate, establish and perform auto sales transactions by themselves;
– Persons under the age of six who buy and sell cars must be established and performed by their legal representative;
Persons aged between full six and under eighteen when buying and selling cars must be approved by their legal representatives, because cars are movable property and must be registered.
3.2. Legal:
Companies are considered as legal entities under the provisions of the Enterprise Law 2020 and therefore, the civil capacity of the company is also carried out in accordance with the provisions for legal entities. According to the 2015 Civil Code, the civil legal capacity of a juridical person is understood as the ability of a juridical person to have civil rights and obligations. Except as otherwise provided in this Code or other relevant laws, the civil legal capacity of a juridical person is not restricted.
The civil legal capacity of a juridical person starts from the time it is established or permitted to be established by a competent state agency. If a juridical person must register its operation, its civil legal capacity will arise from the time it is recorded in the register. The civil legal capacity of the juridical person shall terminate from the time of termination of the juridical person. Therefore, if the company is still operating and has not been terminated, the company has full civil legal capacity to carry out the purchase and sale of cars with other entities.
4. Terms commonly found in auto sales contracts:
A contract for the sale of a car usually includes the following terms:
Article 1: Subject of the contract. Specify specific cars to be sold and purchased.
Article 2: Price and payment. This provision will stipulate the selling price of the vehicle, the payment method and the payment term.
Article 3: Time limit, place and method of vehicle delivery. This will specify the time, place and method of delivery of the vehicle once the transaction is made.
Article 4: Ownership of vehicles for sale and purchase. This stipulates that the ownership of the vehicle is transferred from the seller to the buyer once full payment is made.
Article 5: Payment of taxes and authentication fees. This article prescribes the responsibilities of the parties in relation to the payment of taxes and authentication fees related to the sale and purchase transaction.
Article 6: Dispute settlement method. This article prescribes the method of resolving disputes arising in connection with the sale and purchase contract.
Article 7: Commitments of the parties. This requires the parties to make an undertaking that the information provided in the contract is accurate and complete.
Article 8: Final Terms. This contains the final terms, including how the contract applies, duration, termination, and validity.
5. Does the car purchase and sale contract need to be notarized or authenticated?
According to the provisions of Circular No. 58/2020/TT-BCA, the purchase and sale of a vehicle requires a vehicle sale, donation or donation certificate which is certified by notarization or certification of the organization or unit currently working for the vehicle. with the armed forces and foreigners working in diplomatic missions, consular offices, representative offices of international organizations, which register their vehicles at the address of the agency organizing the working unit.
If for a special-use vehicle sale, donation or donation certificate, the commune-level People’s Committee of the place where the seller, donor or donor permanently resides will authenticate the signature. However, for papers for sale, donation or donation of cars of individuals, people have the right to choose whether to notarize the sale, give or donate the car to a notary practice organization or authenticate the signature on the sale, give, car donation in accordance with the law on authentication.
Therefore, with the car sale and purchase contract, it is necessary to perform notarization and authentication in accordance with the provisions of law. The vehicle sale certificate must be notarized by a notary public office/office or certified by the People’s Committee of the commune, ward or township for the seller’s signature in accordance with the law on authentication.
Legal documents used in the article:
– Civil Code 2015;
– Enterprise Law 2020;
– Circular 58/2020/TT-BCA stipulating the process of granting and revoking registration and number plates of road motor vehicles issued by the Minister of Public Security.
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