Is a verbal donation of land valid in Vietnam? If parents give their child land, do they have to have the notarized contract in Vietnam?

Is a verbal donation of land valid in Vietnam?

Is a verbal donation of land valid in Vietnam? Or is it required to sign a notarized land donation contract? Thank.

Reply:

Clause 1, Article 167 of the 2013 Land Law stipulates:

1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and to contribute land use rights as capital in accordance with this Law.

Point a, Clause 3, Article 167 of the 2013 Land Law stipulates:

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 case parents donate land or real estate to their children verbally, but do not make a notarized or authenticated contract, the donation is not valid and is not eligible to register changes at the land registration agency in Vietnam.

Is a verbal donation of land valid in Vietnam? If parents give their child land, do they have to have the notarized contract in Vietnam? (Image from the Internet)

If parents give their child land, do they have to have the notarized contract in Vietnam?

My parents gave me and my wife a house, they said at a family meeting. However, when completing the name transfer procedure, I encountered procedural difficulties, because according to the instructions, the gift contract must be notarized. Question: When parents give their children land, do they have to have the contract notarized?

Reply:

Pursuant to Article 459 of the 2015 Civil Code stipulates:

1. A gift of immoveable property must be recorded in writing and notarized or certified, and must be registered if the law on immoveable property requires registration of ownership.

2. A contract for a gift of immoveable property shall take effect from the time of registration. In the case of immoveable property for which no registration of ownership rights is required, the gift contract shall take effect from the time when the property is delivered.

Clause 3, Article 167 of the 2013 Land Law stipulates:

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;

b/ Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use rights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all parties involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties;

c/ The documents on inheritance of land use rights or the rights to use land and land-attached assets must be notarized or certified under the civil law;

d/ The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.

Thus, according to the above regulations in Vietnam, it can be understood that for a real estate gift contract to be legally valid, it must be notarized or authenticated. Therefore, if your parents give you real estate, it must be made into a notarized contract to be valid.

What is procedure for separating the donated land plot in Vietnam?

My husband and I were given 1/3 of the plot of land that my husband's parents are currently using from my husband's family. We want to make a red cover bearing both husband and wife's names. So, besides the family meeting minutes, what other documents do I have to sign as the wife before receiving the certificate cover? Looking forward to your advice and help.

Reply:

According to the provisions of Decree 43/2014/ND-CP guiding the implementation of the Land Law, in case you and your wife are given 1/3 of the current land by your parents, you need to submit an application to separate the land plot to the agency. 

Records include:

- Application for change registration (according to form);

- Certificate of land ownership;

- Technical documents of the land plot prepared by the unit with the function of surveying and mapping (original copy);

- ID card, permanent residence book of the donor, the donor and the donated party;

- Notarized contract for donating or granting land use rights;

- Birth certificates of the donor and the donated party;

- Registration fee and personal income tax declaration.

Thus, according to Article 167 of the 2013 Land Law, in cases where parents donate land to their children, it is necessary to draw up a notarized donation contract. In order to separate the plot, the land must ensure the minimum area to be divided according to the decision of the People's Committee of the province where the land is located.

When completing the procedure in Vietnam, you need to prepare documents according to the instructions above.

Best regards!