Can a person under 18 years old be named on the motorcycle registration certificate?

My child is 17 years old. I want to buy him a motorcycle over 100cc on his birthday and also want to let him be named on the motorcycle registration certificate so that he can use it after 18 years old without changing his name. So, can my child who is under 18 years of age be named on the motorcycle registration certificate? We hope that the FDVN Law Firm will respond to me soon.

FDVN’s Opinions:

Thank you very much for submitting questions to FDVN Law Firm (FDVN). After studying relevant legal regulations, FDVN has some opinions for your consulting request as follows:

According to the information provided by you, your child is under 18 years old who is regulated by the Civil Code 2015 as follows:

 “4. Each person who is from fifteen to under eighteen years of age is entitled to enter in and perform civil transactions by himself/herself, except for civil transactions related to real estate, movables required registration and other civil transactions as prescribed by law that are subject to the consent of his/her legal representative.”

Otherwise, the driver's age is specified in Article 60 of theLaw on Road Traffic  2008 is:

“Article 60. Age and health of drivers

1. The driver age is prescribed as follows:

a/ Persons aged full 16 years or older may drive mopeds with a cylinder capacity of under 50 cm3;

b/ Persons aged full 18 years or older may drive motorcycles, three-wheeled motor vehicles with a cylinder capacity of 50 cm3 or higher and vehicles with similar structure; trucks, tractors with a mass of under 3,500 kg; passenger cars of up to 9 seats;..”

Thus, the current law only prohibits people under 18 from operating motorcycles with a capacity of 50 cm3 or more. There is no regulation that prohibits people under 18 years old from owning real property that must be registered in general and motorcycles over 100cc. Therefore, your child has the right to own and name on the motorcycle registration certificate. However, the transaction must be approved by his/her legal representative. At the same time, your child has the right to own the motorbike but until your child reaches the age of 18, he is allowed to drive it.

Above is the advisory opinion of FDVN regarding your consultation request on the basis of researching legal provisions. Hopefully, the advice of FDVN will be useful to you.

Nguyen Thi Suong - FDVN Law Firm

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