If a child under 15 is given a piece of land by their grandmother, is it considered the child's own property in Vietnam?

If a child under 15 is given a piece of land by their grandmother, is it considered the child's own property in Vietnam? Can parents manage the child's own property in Vietnam? According to the law in Vietnam, can parents who are managing their child's own property dispose of that property?

Hello Lawnet. My son, Boo, was just given a piece of land by his grandmother, but he is only 13 years old this year. I am Boo's mother. I have some questions. Is the piece of land that the grandmother gave to Boo considered Boo's own property? Can I manage the land on Boo's behalf? During the management process, can I dispose of it?

Thank you!

If a child under 15 is given a piece of land by their grandmother, is it considered the child's own property in Vietnam?

Pursuant to Article 75 of the Law on Marriage and Family in 2014 stipulating children’s right to have their own property 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.

2. If they have incomes, children who are full 15 years or older and live with their parents have the obligation to attend to the family’s common life and make contributions to meeting the family’s essential needs.

3. Adult children have the obligation to contribute their incomes to meeting the family’s essential needs according to Clause 4, Article 70 of this Law.

According to the above regulations, children have the right to own property at any age. The piece of land that Boo's grandmother gave to him is still considered Boo's own property even though he is only 13 years old.

If a child under 15 is given a piece of land by their grandmother, is it considered the child's own property in Vietnam? - Source: Internet

Can parents manage the child's own property in Vietnam?

Pursuant to Article 76 of the Law on Marriage and Family in 2014 stipulating management of children’s own property as follows:

1. Children aged full 15 or older may themselves manage or ask their parents to manage their own property.

2. Property of children who are under 15 or children who have lost their civil act capacity shall be managed by their parents. Parents may authorize other persons to manage their children’s own property. Unless otherwise agreed by parents and children, children’s own property managed by their parents or other persons shall be given to them when they are full 15 years or older or have fully restored their civil act capacity.

3. Parents shall not manage their children’s own property when their children are under the guardianship of other persons as prescribed by the Civil Code; or when the persons giving or bequeathing under testament property to their children have designated other persons to manage such property, or in other cases as prescribed by law.

4. In case parents are managing property of their minor children or adult children who have lost their civil act capacity and their children are assigned to other guardians, the children’s property shall be delivered to the guardians for management under the Civil Code.

As regulations above, property of children who are under 15 shall be managed by their parents. Parents may authorize other persons to manage their children’s own property. Unless otherwise agreed by parents and children, children’s own property managed by their parents or other persons shall be given to them when they are full 15 years or older

You can manage the land on behalf of your son Boo. However, when Boo turns 15, you must return the land to him, unless otherwise agreed by you and Boo.

According to the law in Vietnam, can parents who are managing their child's own property dispose of that property?

Pursuant to Article 77 of the Law on Marriage and Family in 2014 stipulating 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.

2. Children aged between full 15 and under 18 have the right to dispose of their own property other than real estate, movable assets with registered ownership and use rights or property used for business activities the disposal of which is subject to written consent of their parents or guardians.

3. Guardians of adult children who have lost their civil act capacity may dispose of the latter’s own property.

As regulations above, parents 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.

As you are managing Boo's personal property, which is the piece of land that his grandmother gave him, you can dispose of the land if it is in the best interests of the child, such as using it to pay for Boo's education or medical care.

Best regards!

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