Do Vietnamese minors have the right to own a house? What are the procedures for donating real estate to minors?
Do Vietnamese minors have the right to own a house?
Do Vietnamese minors have the right to own a house?
The land law does not stipulate whether minors are allowed to receive gifts of land use rights, land-attached assets, etc.
However, Article 21 of the Civil Code 2015 provides as follows:
"Article 21. Minors
1. Minors are persons who are under eighteen years of age.
2. Civil transactions of each child under six years of age shall be established and performed by his/her legal representative.
3. Each person who is from six to under eighteen years of age must have the consent of his/her legal representative to enter in and perform civil transactions, except for civil transactions which are performed for the purpose of meeting the needs of daily life suitable for the age group.
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."
Thus, a donation transaction related to land, specifically house ownership, must be approved by the legal representative if under 18 years of age. The representative here can be the father or mother.
What are the procedures for donating real estate to minors in Vietnam?
Pursuant to Article 167 of the 2013 Land Law stipulates as follows:
"Article 167. The right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital
...
3. The notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:
a/ Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business prescribed at Point b of this Clause;"
Thus, in order to donate the house ownership, you need to notarize it, they actually sign the donation contract.
Vietnam: Can property during the marriage be donated?
Case 1: If the house belongs to his own property, the provisions of Article 43 of the Law on Marriage and Family 2014 are as follows:
"Article 43. Separate property of husband and wife
1. Separate property of a spouse includes property owned by this person before marriage; property inherited by or given separately to him/her during the marriage period; property divided to him/her under Articles 38,39 and 40 of this Law; property to meet his/her essential needs and other property under his/her ownership as prescribed by law.
2. Property created from separate property of a husband or wife is also property of his/ her own. Yields and profits arising from separate property during the marriage period must comply with Clause 1, Article 33, and Clause 1, Article 40, of this Law.
Thus, his seperate property, which is not the common property of the couple, he can donate the right to own property on land, namely the right to own a house for his children and his wife will be the person who represents the donation.
And when your child turns 18 years old, then he will have the full rights of the house owner in accordance with the law and be named on the Certificate.
Case 2: If the house belongs to the common property of the husband and wife as prescribed in Article 33 of the Law on Marriage and Family 2014 as follows:
"Article 33. Common property of husband and wife
1. Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period; except the case prescribed in Clause 1, Article 40 of this Law; property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.
The land use rights obtained by a spouse after marriage shall be common property of husband and wife, unless they are separately inherited by, or given to a spouse or are obtained through transactions made with separate property.
2. Common property of husband and wife shall be under integrated common ownership and used to meet family needs and perform common obligations of husband and wife.
3. When exists no ground to prove that a property in dispute between husband and wife is his/her separate property, such property shall be regarded as common property.
Thus, the common property of husband and wife cannot be donated to house ownership because he cannot be both the donor and the representative to receive the gift.
If this is the case, you should convert from common property to separate property and then donate.
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