In Vietnam, can parents give land use rights to minor children?

In Vietnam, can parents give land use rights to minor children?

Pursuant to Article 21 of the 2015 Civil Code stipulates that minors are as follows:

1. A minor is a person under the age of eighteen.

2. Civil transactions of a person under the age of six years are established and performed by his/her legal representative.

3. Persons aged between full six and under fifteen years of age, when establishing and performing civil transactions, must obtain the consent of their legal representatives, except for civil transactions in service of daily living needs in accordance with regulations of law. ages.

4. Persons between full fifteen years of age and under eighteen years of age shall establish and perform civil transactions by themselves, except for civil transactions related to real estate and movables subject to registration and other civil transactions according to regulations of law. provisions of the law must be approved by the legal representative.

Accordingly, people under the age of 18 cannot do real estate transactions by themselves. In your case, it is also necessary to have a legal representative to confirm the transaction.

Pursuant to Article 136 of the Code above, the legal representation of individuals is as follows:

1. Parents, towards their minor children.

2. Guardian for the ward. The guardian of a person with cognitive or behavioral difficulties is the legal representative if appointed by the Court.

3. The person appointed by the Court in case the representative cannot be identified as prescribed in Clauses 1 and 2 of this Article.

4. Persons appointed by the Court for persons with limited civil act capacity.

Pursuant to Clause 3, Article 141 of this Code, the scope of representation is as follows:

3. An individual or juridical person may represent many different individuals or legal entities, but may not act on behalf of the represented person to establish and perform civil transactions with himself or with a third party that he/she is also the representative of that person, unless otherwise provided for by law.

If the land is jointly owned by you and your wife, it is not possible to donate land use rights to your children when you cannot be both the donor and the representative of the recipient. . In case the land is already under the private ownership of one spouse, the other person can completely represent his or her children to perform the donation transaction. And when your son is 18 years old, then he will have full rights of the land user in accordance with the law and be named on the certificate of land use right.

In Vietnam, how is the form of donation of land use rights regulated?

Pursuant to Article 459 of the Code above, the form of donation of land use rights is as follows:

1. Gifts of real estate must be made in writing, notarized, authenticated or registered, if the real estate is subject to registration of ownership as prescribed by law.

2. The real estate donation contract takes effect from the time of registration; if the real estate is not subject to registration of ownership, the donation contract takes effect from the time of property transfer.

Best regards!