The present time can be considered a golden time to own a motorbike or car, but can people under 18 years of age own this type of asset?
In the current social context, parents often have little time to pick up and drop off their children, instead they will buy suitable vehicles for people 16 years and older with models under 50cc or Electric motorbikes have equivalent capacity.
And notably, people from 16 years old can completely afford to name this type of property but must pay attention to the following issues. Specifically, Clause 4, Article 21 of the 2015 Civil Code stipulates: people from full fifteen years old to under eighteen years old independently establish and perform civil transactions, except civil transactions related to real estate. , movable property must be registered and other civil transactions prescribed by law must be approved by the legal representative.
In addition, civil transactions of a person under six years old are established and performed by that person’s legal representative. People from full six years old to under fifteen years old must have the consent of their legal representative when establishing and performing civil transactions, except for civil transactions serving daily living needs appropriate to their age. .
On the other hand, Clause 9, Article 3 of Circular 24/2023/TT-BCA regulates vehicle registration for people from 15 years old as follows: Individuals from 15 years old or older can register a vehicle. In case an individual from 15 years old to under 18 years old registers a vehicle, the parent or guardian must agree and write “agree”, sign, and clearly state full name and relationship with the supervised person. household in the vehicle registration declaration.
According to Article 107 of the Civil Code, movable property is assets that are not real estate. Real estate is assets that cannot be moved such as land and other types of assets attached to land such as houses, construction works… while movable assets are assets that can be relocated and moved from place to place. other.
Therefore, motorbikes are movable property and must be registered. People from 15 years old to under 18 years old can still have the car registered in their name, but must have the consent of their father, mother, or guardian. However, people from 16 years old to under 18 years old, even if they have a motorbike in their name, must still use it according to road traffic laws.
If a person from 14 to under 16 years old uses a motorbike with a capacity of less than 50 cc or an electric motorbike with an equivalent capacity, he or she will be given a warning and fined from 800,000 – 1 million VND according to the provisions at point d. Clause 4, Article 30 of Decree 46/2016 for the act of handing over a vehicle or allowing an unqualified person to drive a vehicle in traffic.
As for people from 16 years old to under 18 years old, they will be fined from 400,000 VND to 600,000 VND in case of driving a motorbike over 50cc, in addition, their vehicle will be impounded for up to 7 days (according to point i, clause 1, Article 82 of Decree Decision 100/2019/ND-CP).