Do parents have right to dispose of their children's property in Vietnam? Are gifts for children considered their personal property in Vietnam?

Do parents have right to dispose of their children's property in Vietnam?

I want to ask a question: For example, in a family with a 10-year-old child, his uncle gave him 10 million to use. So, do parents have right to dispose of that property?

Answer: Pursuant to Clause 1, Article 77 of the 2014 Law on Marriage and Family, there are regulations on disposition of property of minor children or adult children who have lost their civil act capacity as follows:

1. Parents or guardians who manage under-15 children’s own property have the right to dispose of such property in the interests of the children and shall take into account the children’s desire if they are full 9 years or older.

So, compare the above regulations in Vietnam and the case you mentioned, when the child is 10 years old, they have right to dispose of that 10 million amount if that is their wish.

Are gifts for children considered their personal property in Vietnam?

I have a small question that I hope to get answered: For example, if a 16-year-old person receives a gift of 5 million and some personal belongings from a relative, is this property considered personal property? Or all family members can use it.

Pursuant to Clause 1, Article 75 of the 2014 Law on Marriage and Family, regulations on children’s right to have their own property are as follows:

1. Children have the right to have their own property which includes property separately inherited by or given to them, incomes from their work, yields and profits arising from their own property and other lawful incomes. Property created from children’s own property is also their own property.

Thus, comparing the above regulations in Vietnam, we can see that the child's personal property includes personal gifts. Therefore, even though he is only 16 years old. However, when given as a personal gift by a relative, it is still considered his property and has full ownership rights without having to divide it to others (Clause 2, Article 77 of the 2014 Law on Marriage and Family).

Do parents have right to dispose of their children's property in Vietnam? Are gifts for children considered their personal property in Vietnam? (Image from the Internet)

Do I need my husband's consent to donate property to my stepchild in Vietnam?

I live in Thanh Hoa, I currently have a house that my parents gave to me before registering my marriage with my new husband. And I also have a stepchild. Now I want to give that house to my stepchild, do I need my husband's consent? Documents proving my personal assets are still kept.

Answer: Pursuant to Clause 1, Clause 4, Article 44 of the 2014 Law on Marriage and Family, stipulates possession, use and disposition of separate property as follows:

1. A spouse has the right to possess, use and dispose of his/her separate property, and to merge or refuse to merge separate property into common property.

2. When a spouse cannot manage his/her separate property himself/herself and does not authorize another person to manage it, the other spouse has the right to manage such property. The property management must ensure benefits for the property owner.

3. Each spouse’s separate property obligations shall be performed with his/her separate property.

4. When yields or profits from separate property of a spouse constitute the family’s sole livelihood, the disposition of such property is subject to the other spouse’s consent.

Thus, you have complete right to decide on the property that is the house and give it to your stepchild without your husband's consent in Vietnam.

Note: In case the private property is a house and the yield and income from that private property is the family's only source of livelihood, the disposition of this property must be with the consent of both people.

Best regards!